EUROPEAN STANDARDS FOR THE PROTECTION OF NATIONAL MINORITY RIGHTS AS A TOOL FOR PREVENTING SEPARATISM (IN THE CONTEXT OF UKRAINE’S EUROPEAN INTEGRATION)

Abstract

The article is devoted to the analysis of European standards for the implementation and protection of the rights of national minorities, which serves as a tool for preventing manifestations of separatism and proves that proper and effective mechanisms of self-determination, which are provided for by domestic legislation (institutional guarantees of participation, cultural, educational and linguistic autonomy) significantly reduce the level of conflict and transform the demands of minorities from the plane of external separation into the framework of democratic inclusion within the legal field. The theoretical basis of the study was the idea of a balance between the principle of territorial integrity and political independence on the one hand, and on the other – the right of peoples to self-determination, which is recorded in the fundamental acts of the United Nations and specified in the acts of the CSCE/OSCE. In the focus of attention are the OSCE Lund Recommendations (1999), which offer a practical toolkit for ensuring the rights of minorities and preventing separatist sentiments, which include the following: permanent consultations of authorities with representatives of minorities; institutionalization of representative bodies of minorities; correction of electoral legislation to ensure representation; involvement of representatives of minorities in public service, as well as the work of law enforcement and judicial bodies; possibility of cultural autonomy in cases of justification thereof; guarantees and provision of cultural and linguistic rights; effective mechanisms of appeal and the prevalence of negotiated methods of dispute resolution. For Ukraine, in the context of European integration and compliance with international standards for the protection of the rights of national minorities on the one hand, and on the other hand, ensuring territorial integrity, practical measures are outlined, such as permanent consultations with the authorities of the Council of National Minorities, improvement of electoral legislation in order to effectively overcome representational barriers, comprehensive guarantees and support for cultural autonomy, as well as targeted personnel programs.