Mamedov E.F.
The issues of using the term “diaspora” in the Russian legislation
// Politics and Society.
2016. № 4.
P. 510-516.
DOI: 10.7256/2454-0684.2016.4.14259 URL: https://en.nbpublish.com/library_read_article.php?id=14259
Проблемы использования термина «диаспора» в российском законодательстве
Mamedov El'shan Fakhraddinovich
PhD in Law
Post-graduate student, the department of State Legal Disciplines, National Research Irkutsk State Technical University
664074, Russia, Irkutskaya oblast', g. Irkutsk, ul. Lermontova, 83
Abstract: This article is dedicated to the category of diaspora and its conceptual characteristics. This question is being explored based on the normative material. The author notes that despite the extensive study of the phenomenon of diaspora on the normative level, the precise definition is yet to be developed; and this leads to existence of multiple approaches towards understanding of this category. It is also highlighted, that currently we can observe a problem of legal regulation of the peculiarities of status of separate ethnic congregations and their representatives. A special attention is given to the legislative terms and definitions used in legal regulation in this field. The scientific novelty consists in the fact that this work is first to present a comprehensive approach towards the examination of diaspora as a legal category, The current legislation of the Russian Federation with regards to the use of the term “diaspora” is being analyzed, as well as the correlation of this notion with such categories as “ethnos”, “ethnic society”, “national minority”, and “national cultural autonomy”. The author notes that the existing legislative definitions of the term “diaspora” does not correspond with the scientific views of the representatives of various disciplines that are involved into the study of this category, as well as they do not to the fullest extent reflect the essence of diaspora as an institution of national relations in Russia. The author substantiates the conclusion on the need to introduce the new definition of “diaspora” and its unified use on the federal and regional levels into the normative space.
