Legal policy in the field of ethnology

Abstract

The role of ethnology and anthropology in Russian legal science is not high. Meanwhile, the data of the abovementioned sciences linked with law, could be used to build mechanisms for resolving issues connected with fertility and even with criminal punishment. The authors of this paper believe that in order to make justified legal decisions, it is necessary to increase the legislator’s attention to the results of ethnological research, to organize and implement rational policies in the field of ethnology, considering the ethnological analysis of problem areas of modern legal reality. Ethnology can provide data for legal science, for example, about the deterioration of the situation of a particular ethnic group, a decrease in the number of endangered languages’ speakers, and problems in the functioning of traditional economics. Based on the results of ethnological research demonstrating the decline in the number of one or another indigenous people, the state can develop specific targeted measures to preserve these groups of population. In particular, provide financial and regulatory measures, including the establishment of more stringent sanctions in administrative and criminal law for encroachment on the rights of citizens representing a national minority that is on the verge of extinction. The authors argue that results of ethnological research should become a road map for the legislator in the development of regulations relating to the protection of the rights of indigenous peoples, their support, as well as the development of their cultural autonomy. In this regard, it is necessary to develop a concept that will determine the place of ethnology in the legislative process, identify goals, directions in lawmaking for the use of material collected by ethnologists, indicate vulnerable and endangered peoples of Russia, for the preservation of which it is necessary to develop special protection mechanisms, introduce new measures of support or supplement existing ones.