Message on the topic of the national language. Russian language as the state language of the Russian Federation. The science of the Russian language

The relevance of the topic of dissertation research. In any state, the establishment of the status of the state language is the central and most significant element of the legal regulation of linguistic relations, since it affects not only the regulatory framework for the use of languages ​​in the state, but also the rights of speakers of these languages ​​- both an individual and an ethnic community.

The most difficult is the establishment of the status of the state language in the federal multinational states to which Russia belongs. This is due, first of all, to the fact that the issues of legislative regulation of the conditions and procedure for the use of the state language should be correlated with the issues of protecting the rights of national minorities in the field of linguistic relations.

The Constitution of the Russian Federation of 1993 secured the status of the state language of the Russian Federation for the Russian language and at the same time granted the republics the right to establish their own state languages, which are used in government bodies, local governments, state institutions of the republics along with the state language of the Russian Federation (Article 68).

At the same time, the Constitution of the Russian Federation does not specify the requirements for the features of the functioning and use of the Russian language as the state language of Russia, does not regulate the issues of its interaction with the state languages ​​of the republics within the Russian Federation. These aspects are not fully developed in the Russian language legislation either.

Insufficient legal regulation of the issues of functioning and use of the state language of the Russian Federation and the state languages ​​of the republics in its composition was the reason that in a number of republics the volume of use of the Russian language in various spheres of public life has decreased, especially in the areas of public administration and education.

In these republics, the protection of the national state language and its priority development began to be presented in society as measures to revive national self-consciousness and assert the self-identification of peoples, which negatively affected not only the position of the Russian language and the Russian-speaking population, but also interethnic relations. Not all republics carry out an official translation of federal legislation from Russian as the state language of the Russian Federation into the state languages ​​of the republics.

In the legislation of the Russian Federation, there are practically no norms on the protection of the Russian language and the culture of Russian speech, and this could not but affect the current state of the Russian language as the state language. Thus, in recent years, in connection with the intensification of globalization and the expansion of world integration processes, the use of irregular speech, slang, unjustified borrowing of foreign words and expressions in the press and public speeches of officials has increased markedly.

Some normative legal acts do not clearly reflect the status of the Russian language as the state language of the Russian Federation, do not maintain a unified terminology in relation to it, and guarantees of the rights of citizens when using the state language of the Russian Federation are not always provided.

An analysis of current political and ethno-cultural trends has shown that the Russian language is being intensively ousted from official spheres in many countries of the Commonwealth of Independent States and the Baltics.

Thus, during the period of restructuring statehood on a new federal basis in Russian society, there was a need to improve the status of the state language of the Russian Federation, to search for scientifically based approaches to the development of relevant regulatory legal acts in the context of the development of all legislation on the languages ​​of the peoples of Russia, which led to the choice of the topic dissertation research.

The relevance of this study also lies in the fact that the considered problems of the constitutional and legal regulation of the functioning of the Russian language as the state language of the Russian Federation can serve as the basis for new research in this area.

According to the author of the dissertation, the provision of high prestige, full functioning and purity of the state language of the Russian Federation by all state and public structures is the most important factor in strengthening Russian statehood, federal and interethnic relations, maintaining the unity and integrity of Russia.

The degree of scientific development of the topic of dissertation research. The problem of the legal status of the Russian language as the state language of the Russian Federation considered in the dissertation has not yet been sufficiently developed in legal science.

This problem was not given due attention in the Soviet period, since there was an official point of view that giving the Russian language the status of a state language could allegedly negatively affect the language situation in the country and introduce tension into interethnic relations. The scientific works of that period basically declared the equal status of the languages ​​of the peoples of the USSR.

Issues related to the federal structure of Russia, the status of its state language and the state languages ​​of the republics of Russia, were discussed in the works of domestic scientists - R. G. Lbdulatipova, V. M. Alpatov, M. V. Baglaya, L. F. Boltenkova, V. Belousov .N., Berezina F.M., Vasilyeva A.V., Vasilyeva R.F., Vorobieva V.V., Ermoshina G.T.,

Karapetyan JI.M., Kostomarova V.G., Kuznetsova M.N., Maltseva G.V., Mikhalchenko V.Yu., Nasilova D.M., Neroznak V.P., Oreshkina M.V., Pigolkina A.S., Romashkina V.V., Sabatkoeva R.B., Troitsky E.V., Chelysheva E.P., Shamby T.M., Ekimova A.I., Yatsenko I.S. . and other authors.

However, in modern domestic legal science, the problems of legal regulation of the functioning and use of the Russian language as the state language of the Russian Federation and the state languages ​​of the republics, the legal aspects of choosing the graphics of their alphabets, have not been sufficiently studied, clear requirements for the activities of state authorities in the field of preservation, development and use of Russian language as the state language of the Russian Federation, no regulatory criteria have been developed for determining the normalization of the Russian language when using it in public spheres.

In the legal literature there is no single scientific definition of the concept of "state language", the measures of responsibility for violating the legislation on the Russian language as the state language of the Russian Federation are not sufficiently developed.

The object of the study is the legal relations that arise between the state and the citizen in connection with the implementation of federal legislation on the Russian language as the state language of the Russian Federation.

The subject of the research is the norms of law regulating the legal status of the Russian language as the state language of the Russian Federation.

Methodological basis of the dissertation research. When preparing the work, the dissertation student used philosophical (general), general scientific (sociological, comparative, system analysis) and particular scientific (comparative legal, historical legal, theoretical and prognostic) methods of cognition. These methods were used in combination with the requirements of objectivity, comprehensiveness, historicism and the principle of specificity, which are widely used for understanding and explaining the main laws of state-legal phenomena.

Goals and objectives of the study. The purpose of this study is to analyze the state of legislation on the functioning and use of the Russian language as the state language of the Russian Federation, to determine ways to improve its legal status and more fully exercise the rights of citizens to use the Russian language.

In accordance with this goal, the following research tasks were set:

Summarize domestic and foreign experience on the functioning and use of state languages;

To identify the reasons for the insufficient regulation of the issues of the rational use of the Russian language as the state language of the Russian Federation and the state languages ​​of the republics;

Analyze the provision of guarantees for the rights of Russian citizens to use the Russian language as the state language of the Russian Federation;

Determine the limits of legal regulation of compliance with the norms of the Russian language as the state language of the Russian Federation;

Formulate prospects for further improvement of the legislation on the Russian language as the state language of the Russian Federation;

Suggest ways of developing the constitutional and legal status of the Russian language as the state language of the Russian Federation.

The normative legal basis of the thesis is constitutional acts (the Constitution of the Russian Federation, the constitutions and charters of the constituent entities of the Russian Federation, the constitutions of foreign states), codes, federal constitutional and federal laws, Decrees of the President of the Russian Federation, Government Decrees

Russian Federation, regulatory legal acts of the subjects of the Russian Federation and foreign states, international legal acts.

The work also uses the results of sociological research on language issues, materials from plenary sessions and parliamentary hearings in the State Duma, meetings of the State Duma Committee on Nationalities and its other committees, publications of domestic and foreign scientists.

Scientific novelty of the dissertation. The scientific novelty of the dissertation is expressed in a comprehensive study of the constitutional and legal aspects of the state language policy of Russia in the field of functioning and use of the Russian language as the state language of the Russian Federation, which have not been sufficiently studied in legal science.

The following provisions, conclusions, proposals and recommendations are submitted for defense, which contain elements of novelty and are of theoretical and practical interest:

The dissertation student believes that the state language is one of the main features of the state, since it is a unique form of functioning of the state, which allows it to be identified and distinguished from other states;

The author formulated the concept of the state language: "the state language is the language that, in accordance with the legislation of the state, is used without fail in all official areas and which performs an integration function in these areas";

The constitutional and legal status of the state language of the Russian Federation is defined as a set of legal provisions provided for by the Constitution of the Russian Federation, federal constitutional and federal laws, other regulatory legal acts that determine the procedure and areas for the official use of the Russian language, legal mechanisms for protecting the rights of citizens when using the state language , measures to ensure state protection of the Russian language;

Based on the analysis of the integrating impact of the Russian language on the process of strengthening the federal structure of Russia, the author concludes that the Russian language as the state language of the Russian Federation is one of the most important factors in maintaining a single information, educational and cultural space, improving interethnic interaction;

The requirements for the Russian language as the state language of the Russian Federation are summarized: normalization, uniformity, scientific character. The complex of measures of state protection of the Russian language from unjustified borrowing of foreign terminology, arbitrary change in the graphic basis of its alphabet, as well as clogging it with non-standardized and jargon vocabulary is considered in detail. The necessity of preserving the Cyrillic alphabet for the alphabet of the state language of the Russian Federation as a graphic basis as one of the important guarantees for the preservation of the geopolitical, educational and cultural space of Russia is substantiated;

The requirements for the use of the state language of the Russian Federation as the language of legislation are determined: the need to comply with the norms of the modern literary Russian language, unify terminology in the development of legislative acts, ensure clarity, accuracy and accessibility of the presentation of regulatory requirements, as well as organize an official authentic translation of federal legislation from Russian into state languages ​​of the republics within the Russian Federation;

Based on the analysis of domestic and foreign practice of publishing legislative acts, the dissertator concluded that it is possible to establish uniform approaches and legislative regulation of methods and methods in the implementation of an authentic translation of federal legislation from the state language of the Russian Federation into the state languages ​​of the republics, as well as the need to create federal executive power in the structure a special body to control the authenticity of translations and provide the republics with organizational, methodological and other assistance;

The author suggests the best ways to improve the constitutional and legal status of the state language of the Russian Federation: preparation and introduction of amendments to the Constitution of the Russian Federation; the final adoption of the Federal Law "On the state language of the Russian Federation"; improvement of the current language legislation;

Based on the analysis of federal legislation from the point of view of the correct application and execution of the norms on the functioning and use of the Russian language as the state language of the Russian Federation, proposals have been developed for its improvement.

Thus, the dissertation proposes a whole range of legislative and organizational measures aimed at improving the status of the Russian language as the state language of the Russian Federation and the practice of its use.

The scientific and practical significance of the dissertation research lies in the fact that the main provisions of the work made it possible to reflect the features of the functioning and use of the Russian language as the state language of the Russian Federation and the state languages ​​of the republics, as well as to substantiate the need to ensure their full development, study and dissemination in the state.

The dissertation contains specific recommendations, theoretical conclusions and proposals for strengthening the status of the Russian language as the state language of the Russian Federation, developing a legal mechanism for protecting the purity of the literary Russian language and maintaining the culture of Russian speech.

Approbation of the results of the dissertation research was carried out during the discussion at the meetings of the methodological seminar and the Department of State Building and Law of the Russian Academy of Public Administration under the President of Russia, at parliamentary hearings in the State Duma, meetings of the State Duma Committee on Nationalities and its other committees, plenary meetings of the State Duma, meetings of the Russian Language Council under the Government of the Russian Federation.

In addition, this problem was discussed at many conferences and meetings in which the dissertation took part: at the First and Second scientific and practical international conferences "Language and Culture" in September 2001 and 2003. in Moscow, the International Conference "Russian Language as a Means of Interethnic Communication in the Commonwealth Countries" in December 2002 in St. Petersburg, the round table "Language Policy in Modern Russia" in April 2002 at St. Petersburg University, etc.

The main provisions of the work were used by the author in the development of the Federal Law of July 24, 1998 No. 126-FZ “On Amendments and Additions to the Law of the Russian Federation “On the Languages ​​of the Peoples of the Russian Federation”, Federal Law of December 11, 2002 No. 165-FZ “On the introduction of an amendment to Article 3 of the Law of the Russian Federation “On the Languages ​​of the Peoples of the Russian Federation”, the Federal Law “On the State Language of the Russian Federation” (draft No. 632213), adopted by the State Duma of the Federal Assembly of the Russian Federation on February 5, 2003 and currently under stage of coordination with the Federation Council of the Federal Assembly of the Russian Federation.

The structure of the dissertation work. The dissertation consists of an introduction, two chapters containing five paragraphs, a conclusion, a list of normative sources and scientific literature.

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122. Written languages ​​of the world: Languages ​​of the Russian Federation. Book 1. M.: Academia, 2000. Information about writing in other languages ​​can be found in the book: The Red Book of the Languages ​​of the Peoples of Russia. Moscow: Academia, 1

123. The Karelian language, written in Latin, is not the state language of the republic.

124. The Russian language as the state language of the Russian Federation with the Constitution of the Russian Federation 1. In accordance with the Russian language. the state language of the Russian Federation throughout its territory

125. The status of the Russian language as the state language of the Russian Federation provides for the obligatory use of the Russian language in the areas defined by this Federal Law, other federal laws, the Law of the Russian Federation of October 25, 1991 1807-1 "On the Languages ​​of the Peoples of the Russian Federation" and other regulatory legal acts Russian Federation, its protection and support, as well as ensuring the rights of citizens of the Russian Federation126. The procedure for approving the norms of the modern Russian literary language when it is used as the state language of the Russian Federation, the rules of Russian spelling and punctuation is determined by the Government of the Russian Federation.

127. The state language of the Russian Federation is a language that promotes mutual understanding and the strengthening of interethnic ties between the peoples of the Russian Federation in a single multinational state.

128. Protection and support of the Russian language as the state language of the Russian Federation contribute to the multiplication and mutual enrichment of the spiritual culture of the peoples of the Russian Federation. 6. When using the Russian language as the state language of the Russian Federation, it is not allowed to use words and expressions that do not correspond to the norms of the modern Russian literary language, with the exception of foreign words that do not have commonly used analogues in the Russian language.

129. The obligation to use the state language of the Russian Federation should not be interpreted as a denial or derogation of the right to use the state languages ​​of the republics that are part of the Russian Federation and the languages ​​of the peoples of the Russian Federation. Article

130. The legislation of the Russian Federation on the state language of the Russian Federation The legislation of the Russian Federation on the state language of the Russian Federation is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law,

131. Spheres of use of the state language of the Russian Federation

132. The provisions of part 2 of this article do not apply to trade names, trademarks, service marks, as well as television and radio programs, audio and audiovisual materials, printed publications intended for teaching the state languages ​​of the republics that are part of the Russian Federation, other languages peoples of the Russian Federation or foreign languages. Article

133. Protection and support of the state language of the Russian Federation In order to protect and support the state language of the Russian Federation, federal government bodies, within their competence:

134. Ensuring the right of citizens of the Russian Federation to use the state language of the Russian Federation

135. Ensuring the right of citizens of the Russian Federation to use the state language of the Russian Federation provides for:

136. Persons who do not speak the state language of the Russian Federation, when exercising and protecting their rights and legitimate interests on the territory of the Russian Federation, in cases provided for by federal laws, are provided with the right to use the services of translators. Article

137. Responsibility for violation of the legislation of the Russian Federation on the state language of the Russian Federation

138. Adoption of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation aimed at restricting the use of the Russian language as the state language of the Russian Federation, as well as other actions and violations that impede the exercise of the right of citizens to use the state language Russia139. Violation of this Federal Law entails liability established by the legislation of the Russian Federation. Article

140. Entry into force of this Federal Law This Federal Law shall enter into force on the day of its official publication. President of Russian Federation