This Regional Law regulates the legal status, organization, activities and state interaction with communities of indigenous peoples operating in the regional territory. It defines key concepts such as family (clan) and territorial-neighbour communities, representatives of other ethnic groups residing in traditional territories, customs, traditional way of life, and unions (associations) of communities. The Law establishes that federal legislation, the Constitution of the Russian Federation, the basic regional law and this law form the legal basis for communities, and allows internal decisions to be taken on the basis of traditions and customs where not contrary to higher-level legislation. The Law applies to all such communities and their unions, including those created before its entry into force, and sets out their purposes, including economic and cultural development, protection of traditional habitat, traditional way of life, economic activities and crafts, and protection of rights and lawful interests of indigenous peoples. The Law details principles of organization (equality before the law, voluntariness, self-governance, legality, transparency) and provides that communities are non-commercial organizations which may engage in traditional economic activities and, subordinately, entrepreneurial activities serving their statutory goals. It regulates establishment and membership: only fully capable citizens belonging to indigenous peoples may be founders (minimum three), while certain categories (non-indigenous Russian citizens, foreigners, stateless persons, legal entities, public authorities and other persons listed in the Federal Law on Non-Commercial Organizations) cannot be founders or members. Membership is open to indigenous persons from age 14 by written application, with each person allowed to belong to only one community. Non-indigenous persons permanently residing in traditional territories and engaged in traditional economic activities may be admitted but may not exceed one third of members or collegial bodies and cannot head such bodies or act as sole executive bodies. The Law protects individuals from discrimination based on community membership or refusal to join, and provides for accounting of community members and their family members for purposes of social and economic rights, with mandatory recording of specified personal and activity-related data. The Law sets out governance structures: the general assembly (meeting) of members as the supreme body, and the board (council) as the management body, with possible additional bodies under the charter. It specifies the exclusive competence of the general assembly (including defining priorities, amending the charter, admission and exclusion of members, creation and participation in other legal entities, approval of reports, reorganization and liquidation, allocation or compensation of shares in property, and establishment of branches and representative offices) and the powers of the board and its chair. It defines rights and obligations of communities and their members, including representation and protection of rights, participation in protection of traditional habitat, cultural and educational functions, and the right to compensation for losses caused by damage to traditional habitat from economic activities. Members have rights to participate in decision-making, exit, receive a share of property or compensation, and continue traditional lifestyle and activities after exit, and must comply with the charter, use natural resources rationally and provide updated information for the membership register. The Law regulates community property, sources of formation, and liability, provides for the establishment of territories of traditional nature use under federal and regional procedures, and governs relations with state and local authorities, including non-interference, complaint mechanisms, and forms of assistance (contracts, targeted training, advisory support, and social orders for programs). It also regulates unions (associations) of communities as non-commercial legal entities, and provides that reorganization, liquidation and appeals against actions of public authorities are carried out in accordance with federal legislation.
Titre:
Regional Law No. 73-OZ “On communities of indigenous peoples”.
Pays:
Russie, Fédération de
Type of document:
Législation
Date of original text:
Date of latest amendment:
Fichiers:
Abrogé:
Non