Retrospective and perspective analysis of the development of understanding and ensuring the rights of indigenous peoples of Ukraine

Abstract

Keywords: Indigenous peoples, indigenous peoples of Ukraine, Crimean Tatars, Karaites, Krymchaks, Gagauz people, Crimean Platform, Crimean Khanate, Crimean People's Republic, Autonomous Republic of Crimea, city of Sevastopol, Crimea, Sevastopol, Mejlis of the Crimean Tatar People, Qurultay of the Crimean Tatar people, selfdetermination, occupation, deoccupation, genocide, deportation, deportation of the Crimean Tatars, Surgun The article analyzes in detail the process of formation and development of the rights of indigenous peoples in independent Ukraine. Particular attention is paid to the provisions of the Constitution of Ukraine in this context and their interpretation. The legislative process and legislative initiatives that preceded the adoption of the Law of Ukraine “On the Legal Status of Indigenous Peoples of Ukraine” on July 21, 2021 are described.The peculiarities of the legal acts of Ukraine, which regulate the rights of indigenous peoples, their connection and further impact on the overall development of the studied issues, are clarified. A retrospective analysis of the legislation of the last 30 years, highlighting the main stages and elements, provides an opportunity to formulate a perspective on the further development of the indigenous peoples’ rights’ issue in Ukraine in the field of normative consolidation of their legal status and implementation of rights guaranteed by the Constitution and laws of Ukraine. The rights of indigenous peoples are depicted through the prism of modern legal and political processes, in particular, the Crimean Platform, as the most effective mechanism for de-occupation of the Autonomous Republic of Crimea and the city of Sevastopol, ensuring the rights of Ukrainian citizens violated by the temporary Russian occupation of the peninsula. Particular attention is paid to the place of the indigenous peoples of Crimea and the issue of restoringtheir rights under this mechanism. The restoration of such rights seems particularly important, given the particular persecution of indigenous peoples and their individual representatives by the occupying power today, as well as the perpetration of genocideagainst these peoples in the past.