Legal regulation of reindeer husbandry

Kudelkin Nikolai PhD in Law Leading Scientific Associate, Department of Environmental, Land and Agrarian Law, Institute of State and Law of the Russian Academy of Sciences 119019, Russia, Moscow, Znamenka str., 10 nkkix@inbox.ru Other publications by this author

In accordance with the Constitution of the Russian Federation, the rights of indigenous minorities are guaranteed in Russia in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation. At the same time, the State assumes the obligation to protect the cultural identity of all peoples and ethnic communities living on its territory (parts 1, 2 of Article 69).

According to paragraph 1 of Article 1 of Federal Law No. 82-FZ of April 30, 1999 "On Guarantees of the Rights of Indigenous small-numbered peoples of the Russian Federation" (SZ RF. 1999. No. 18. St. 2208), indigenous small-numbered peoples of the Russian Federation include peoples living in the territories of the traditional settlement of their ancestors, preserving traditional lifestyles, economic activities and crafts, numbering less than 50 thousand people in the Russian Federation and realizing themselves as independent ethnic communities. Thus, the legislators have set a number of criteria that must be met in order for the people to be classified as indigenous. Among these criteria, there is also the need to carry out traditional economic activities, which fully includes reindeer husbandry. Thus, according to paragraph 1 of the List of Types of traditional economic activities of Indigenous Small-numbered peoples of the Russian Federation, approved by the Decree of the Government of the Russian Federation No. 631-r dated May 8, 2009 (NW RF. 2009. No. 20. St. 2493), such activities include animal husbandry, including nomadic reindeer husbandry, as well as processing of livestock products (item 2). Thus, the preservation and support of reindeer husbandry will contribute to the maintenance of the distinctive culture of many indigenous peoples.

As noted in the scientific literature, the support of traditional economic activities contributes to the preservation of the material and spiritual culture of indigenous peoples, since the preservation of ethnic clothing, household items, folklore and even language is largely supported by the conduct of traditional economic activities ^{[1, p. 26]}.

In Russia, reindeer husbandry is one of the most common types of traditional economic activity. Our country has one of the largest reindeer herds in the world – approximately 1.9 million heads ^{[2, p. 45]}.

For example, in the Republic of Sakha (Yakutia), reindeer husbandry, along with cattle breeding and herd horse breeding, belong to the main branches of agriculture in the region ^{[3, p. 107]}. It is noted in the literature that reindeer husbandry largely determines the economy of indigenous peoples' farms, this is most clearly manifested in the Arctic regions of Yakutia. This type of activity is the main supplier of meat products, in addition, deer are used as a vehicle. However, despite the high importance of reindeer husbandry for the population, the state of this branch of the economy in the Sakha Republic is assessed as alarming. There is a decrease in the number of deer by about 3.7% per year ^{[3, p. 109]}.

The importance of reindeer husbandry is extremely high not only for the northern regions, but also for the whole of Russia, it is considered one of the reserves for strengthening the country's food security. At the same time, reindeer husbandry is completely based on the natural forage base – reindeer pastures ^{[4, p. 143]}. This fact speaks, on the one hand, about the complete dependence of this type of activity on the state of the environment, on the other – that reindeer husbandry itself can have a serious negative impact on nature. For example, in Yamal, uncontrolled reindeer husbandry led to the almost complete disappearance of lichen pastures, caused a decrease in phytomass and the number of wild animals, launched the processes of desertification of territories. In addition, as noted in the literature, when the pressure caused by reindeer husbandry increases, mechanisms aimed at reducing the number of deer begin to act on the ecosystem, for example, outbreaks of infectious diseases (epizootics). For example, in 2016, an outbreak of anthrax occurred in the Yamal district of the Yamalo-Nenets Autonomous Okrug, which is associated with an excessive growth in the number of deer ^[5]. Thus, it becomes obvious that reindeer husbandry needs proper legal regulation aimed, on the one hand, at the development of this branch of traditional nature management, and, on the other, at ensuring environmental protection in its implementation.

It should be noted that there is no special federal legislation on reindeer husbandry in the Russian Federation. However, the general issues of traditional nature management, which fully include reindeer husbandry, are given some attention both in strategic planning documents and in federal legislation.

For example, according to subclause 5 of the Fundamentals of the State Policy of the Russian Federation in the Arctic for the period up to 2035, approved by Decree of the President of the Russian Federation No. 164 of March 5, 2020 (NW RF. 2020. No. 10. St. 1317) (hereinafter referred to as the "Fundamentals"), the protection of the native habitat and traditional image The life of indigenous small–numbered peoples living on the territory of the Arctic zone of the Russian Federation (hereinafter - the Russian Arctic) belongs to one of the main national interests of Russia in the Arctic. In fact, this provision should speak, at least, about the need to maintain a balance between the interests of the population traditionally living in the Russian Arctic and engaged in ancestral activities, such as reindeer husbandry, and the interests associated with intensive industrial development of the northern territories.

Subparagraph a of paragraph 9 of the "Fundamentals" refers to one of the goals of the implementation of state policy in the Arctic to improve the quality of life of the population living in the Russian Arctic, including small peoples. In accordance with paragraphs z and paragraph 12 of the "Fundamentals", the preservation and development of traditional economic sectors that contribute to the employment and self-employment of persons belonging to small peoples, as well as ensuring access of such persons to natural resources necessary for conducting traditional nature management, are among the main tasks in the field of economic development of the Russian Arctic. At the same time, paragraph b of paragraph 27 of the "Fundamentals" declares that the implementation of Russia's state policy in the Arctic will ensure, among other things, an increase in the quality of life and income of representatives of small peoples living in the Russian Arctic, outstripping the all-Russian rates. It should be said here that in order to solve the tasks and achieve the goals mentioned above, it is also necessary to improve special legislation on traditional nature management as a whole or its individual types, such as reindeer husbandry.

According to paragraph 11 of the Strategy for the Development of the Arctic Zone of the Russian Federation and Ensuring National Security for the period up to 2035, approved by Decree of the President of the Russian Federation No. 645 of October 26, 2020 (SZ RF. 2020. No. 44. St. 6970), ensuring the preservation and popularization of cultural heritage, the development of traditional culture, the preservation and The development of languages of small peoples is included in the list of measures, the implementation of which should contribute to solving problems in the field of social development of the Russian Arctic. As mentioned above, traditional nature management largely ensures the preservation of the culture of small-numbered peoples, respectively, the development and preservation of reindeer husbandry should also contribute to the social development of the Russian Arctic.

The Environmental Doctrine of the Russian Federation, approved by the Decree of the Government of the Russian Federation No. 1225-r of August 31, 2002 (NR RF. 2002. No. 36. St. 3510), notes that in order to solve the problem of state assistance to the greening of civil society, it is necessary, among other things, to create conditions for the maintenance and development of traditional ecologically balanced nature management of indigenous small-numbered peoples. Also, the document under consideration refers to the need to maintain traditional environmentally balanced economic activities in order to ensure sustainable environmental management. It is worth paying attention to the wording that is used in the Doctrine under consideration in relation to traditional economic activity, namely "ecologically balanced nature management", this may emphasize, on the one hand, that, as a rule, traditional nature management does not overload the ecological system (systems) in which it is carried out, does not exceed the possibility of such a system on the other hand, the fact that even traditional nature management can become irrational and lead to violations in nature. Which, in turn, confirms the thesis about the need for proper legislative regulation of traditional nature management, including reindeer husbandry.

As can be seen, in all the strategic documents considered, we are talking, among other things, about the need to support traditional environmental management. Taking into account the fact that reindeer husbandry is actively carried out in the Russian Arctic, Federal Law No. 193-FZ of July 13, 2020 "On State Support for Entrepreneurial Activity in the Arctic Zone of the Russian Federation" (NW RF. 2020. No. 29. St. 4503) is interesting in the context of the problem under consideration (hereinafter – Law No. 193-Federal Law). The main objectives of this Law are the economic development of the Russian Arctic, stimulation and activation of investment and entrepreneurial activity in the Russian Arctic, as well as the creation of an economic basis for advancing social development and improving the quality of life in the Russian Arctic (paragraphs 1, 2, 3, part 2 of Article 1 of Law No. 193-FZ).

Article 28 of Law No. 193-FZ is devoted to the issues of state support for the traditional economic activities of indigenous small-numbered peoples of the Russian Federation carried out in the Russian Arctic. Part 1 of the article under consideration provides for the approval by the Government of the Russian Federation of a Program of state support for the traditional economic activities of indigenous minorities (hereinafter referred to as the Program). It was approved by the Decree of the Government of the Russian Federation No. 978-r dated April 15, 2021 (NW RF. 2021. No. 17. St. 3007). The program defines the goals, objectives and main mechanisms of state support for the traditional economic activities of indigenous peoples living in the Russian Arctic, and is aimed at their sustainable development. Section IV of the Program establishes a number of mechanisms for state support of traditional economic activities. It seems logical to consider them in more detail. Thus, in order to develop the industrial and technological infrastructure of traditional economic activities of indigenous minorities, among other things, it is planned to implement such measures as the development of a standard of nomadic housing for workers engaged in traditional economic activities, subsidizing part of the costs of small and medium-sized businesses with the participation of persons belonging to indigenous minorities for the purchase and modernization of equipment for deep processing of reindeer husbandry products, etc. In order to promote goods, works and services produced within the framework of traditional economic activities of indigenous peoples on the domestic and foreign markets, it is planned to form a system to support the production and export of goods, works and services produced within the framework of traditional economic activities. The Program also includes the development of the tourism industry in places of traditional economic activity of indigenous peoples as one of the mechanisms of state support for traditional economic activity. It can be noted here that the organization of tourism in places of traditional nature management, including reindeer husbandry, may be of interest to lovers of natural tourism and contribute to the dissemination of knowledge about the peculiarities of the life of the peoples of the North.

As part of the training of personnel for the implementation of traditional economic activities of indigenous small-numbered peoples, it is also planned to develop measures to improve the image of professions characteristic of the sphere of traditional economic activity. It should be noted that in order to preserve reindeer husbandry, as well as other traditional crafts, it is necessary to increase the interest of young people in such activities, and if a stable positive attitude towards traditional professions is formed in society, this will not only support and develop the crafts themselves, but also ensure the preservation of the culture of indigenous peoples. The Program also plans to establish additional budget places in educational organizations that open new areas of training, including "Reindeer Herder-mechanic", "Mistress of the Plague".

The Program under consideration also provides for the work on improving the regulatory legal regulation of traditional economic activities, including, among other things, the establishment of the specifics of regulating the procedure for the production and sale of medicinal raw materials obtained within the framework of reindeer husbandry.

The annex to the Program contains an action plan for its implementation (hereinafter referred to as the Plan). Many of these activities relate to reindeer husbandry, including the provision of tribal communities with mobile wagons, houses for reindeer herders; the implementation of the Young Reindeer Herder project, which provides for payments to young reindeer herders for the purchase (construction) of housing, etc.

The Plan also provides for the introduction of modern technologies into traditional nature management, including reindeer husbandry. For example, provision of renewable energy sources to all reindeer herders' living quarters in the Republic of Sakha (Yakutia), equipping reindeer herding teams with drones to reduce unproductive deer waste, facilitate the search by reindeer herders for breakaway deer on the territory of the Russian Arctic. In this regard, it can be said that modern technologies can not only have a positive impact on improving the efficiency of reindeer husbandry and the comfort of life of people engaged in such activities, but also, as in the case of using alternative food sources, reduce the negative impact on the environment, which is especially important and relevant for the northern territories.

Returning to the provisions of Law No. 193-FZ on state support for the traditional economic activities of indigenous minorities, attention should be paid to Part 3 of Article 28, according to which the standard of responsibility of residents of the Arctic zone in relations with indigenous peoples of Russia living and (or) carrying out traditional economic activities in the Russian Arctic is subject to approval. This standard was approved by Order No. 181 of the Ministry of Regional Development of Russia dated November 23, 2020 (the document was not published). This Standard contains a number of principles that are recommended to be guided by residents of the Arctic zone when organizing interaction with indigenous peoples. According to O. A. Samonchik, the considered standard of responsibility, despite its advisory nature, can contribute to the formation of a balance of business interests aimed primarily at the development of the natural resources of the Russian Arctic, and the interests of indigenous peoples, which consist in preserving the native habitat and improving the quality of life ^[6]. It is necessary to agree with the author's opinion and emphasize that the observance of such a balance of interests is not just desirable, but vital, including for the preservation and development of reindeer husbandry in the Russian Arctic. Attention should be paid to the fact that various anthropogenic factors accompanying intensive industrial development of the northern territories, for example, mechanical impact, pollution, including noise, etc., have a negative impact on pastures, significantly reducing their quality, create obstacles to seasonal migrations of deer ^[7]. Thus, it is obvious that industrial development, if carried out without taking into account the interests of indigenous peoples, can have an extremely negative impact on traditional nature management. In this context, it should be added that taking into account the interests of indigenous peoples in the implementation of the industrial development of the Russian Arctic will also contribute to the protection of the Arctic environment, the preservation of which is an important task for all mankind, and the Russian Federation is able to make a significant positive contribution to its solution.

Due to the fact that reindeer husbandry is an activity tied to certain territories, special legislation is in force in the subjects of the Russian Federation, in which this type of nature management is traditionally engaged. For example, the Law of the Nenets Autonomous Okrug of December 6, 2016 No. 275-OZ "On reindeer husbandry in the Nenets Autonomous Okrug" (Official Internet portal of legal information http://www.pravo.gov.ru , December 7, 2016), the Law of the Murmansk region of January 14, 2003 No. 380-01-ZMO "On reindeer husbandry of the Murmansk region" (Collection of laws Murmansk region. 1994-2005. Vol. 12. pp. 94-101), The Law of the Trans-Baikal Territory of October 10, 2012 No. 713-ZZK "On Northern domestic reindeer husbandry" (Zabaikalsky worker. 2012. October 19, No. 210), the Law of the Republic of Sakha (Yakutia) of June 25, 1997. Z No. 179-I "On northern domestic reindeer husbandry" (Yakut Vedomosti. 1997. July 26. No. 25), the Law of the Magadan Region of June 10, 2003 No. 361-OZ "On reindeer husbandry in the Magadan region" (appendix to the Magadan Pravda newspaper. 2003. June 24. No. 70 (19143)) and a number of others.

An analysis of regional legislation on reindeer husbandry suggests generally similar approaches to the legal regulation of this activity. For example, the laws use an almost identical conceptual apparatus. However, the laws differ both in scope and content.

In conclusion, it is advisable to formulate several points of view regarding the regulation of reindeer husbandry in Russia. So, for the purposes of unification of the legal regulation in force in this area, it is possible to develop a federal law that will take into account all the main aspects necessary for effective reindeer husbandry. Also, due to the fact that reindeer husbandry is not the only type of traditional animal husbandry carried out in the Russian Federation, the adoption of the federal law "On Traditional animal Husbandry" may be more logical. On the other hand, the thesis seems logical that due to the fact that reindeer husbandry carried out in each individual subject of the Federation has its own characteristics and problems, then this activity should be regulated mainly at the regional level. But the most rational approach to this problem seems to be the development of a federal law regulating the most important aspects of reindeer husbandry (or traditional animal husbandry), such as the rights and obligations of persons engaged in this activity, issues of state support, issues related to the provision of pastures, environmental protection, compensation for harm, legal liability, and etc . At the same time, the most important task for legal regulation at the federal level is to ensure the preservation and development of traditional nature management in the industrial development of territories, the pace of which is currently increasing, especially in the Russian Arctic. One of the most effective measures to solve this problem may be to establish the priority of traditional nature management over other types of economic activity, in addition, such a measure will also contribute to additional environmental protection from excessive anthropogenic pressure. In the regional legislation, it is proposed to directly take into account the peculiarities of the territories where traditional economic activities are carried out, in this case – reindeer husbandry.

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