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AUTONOMY AND NATIONAL SELF-DETERMINATION AS THE FORMS OF LEGAL PROTECTION OF COLLECTIVE (GROUP) RIGHTS

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PDF: Author(s): Losev K. V., Mikhailov V. V.,
Number of journal: 3(52) Date: August 2020
Annotation:

The article examines a number of the little-studied theoretical issues of legal protection based on the concept and principles of group (collective) law and considers some aspects of the law enforcement of these principles of group (collective) right in the history of the international system of protection of the rights of the national minorities and other national collectives; it is shown that the concept of group and group right is the most systematic in a broad legal interpretation and can become the basis for eliminating discrepancies in legal acts that apply different terms that define the object of legal protection of the individual national communities in society; a number of historical reasons for creation of a system of the international legal protection of national groups are shown, and problematic factors that hinder the effective implementation of the goals set in the fundamental international documents are highlighted, the reason for which is the discrepancy in the definition of objects of legal protection and the compatibility of their interests with the interests of other human rights objects; it shows the current state of the international and Russian system of protection of the rights of national groups and communities and the prospects for applying the theory of group rights to harmonize its various levels and implement the general goals of legal protection of private individuals, groups as a special whole, individual states and the entire world community as the highest level of the objects of law. The study concludes that the recognition of a special sphere of “group autonomy” can also serve as a condition for creation of a democratic legal regime, in which power is exercised by a group of individuals, endowed with this right by the entire group, and this will allow correlating the declared universal rights with the individual rights.

Keywords:

group right, collective right, national group, vulnerable groups, self-defense of civil rights, the right of nations to self-determination, the right to compensation for violations of the rights of nations, national autonomy, federalization, unrecognized states, double standards in the legal field.

For citation:

Losev K. V., Mikhailov V. V. Autonomy and national self-determination as the forms of legal protection of collective (group) rights. Business. Education. Law, 2020, no. 3, pp. 272–277. DOI: 10.25683/VOLBI.2020.52.328.