Russian people and national identity. Zhade Z.A. Understanding Russian Civil Identity

Who are Russians in the 21st century? What unites them and makes them move together in the same direction? Do they have a common future - and if so, what is it? Identity is a concept as complex and unclear as "society", "culture", "order" and others. Discussions around the definition of identity have been going on for a long time and will continue for a long time. One thing is clear: without analyzing identity, we will not be able to answer any of the above questions.

These questions will be considered by leading thinkers and intellectuals at the upcoming anniversary summit of the Valdai International Discussion Club, which will be held in Russia in September this year. In the meantime, it is time to "pave the way" for these discussions, for which I would like to propose several, in my opinion, important points.

First, identity is not created once and for all, it is constantly changing as part of the process of social transformations and interactions.

Secondly, today we carry a whole "portfolio of identities" that may or may not be combined with each other. One and the same person, being, say, in a remote region of Tatarstan, is associated with a resident of Kazan; arriving in Moscow, he is a "Tatar"; in Berlin he is Russian, and in Africa he is white.

Third, identity usually weakens during periods of peace and strengthens (or, conversely, disintegrates) during periods of crises, conflicts and wars. The War of Independence created American identity, the Great Patriotic War strengthened Soviet identity, the wars in Chechnya and Ossetia provided powerful impetus for discussions about contemporary Russian identity.

Contemporary Russian identity includes the following dimensions: national identity, territorial identity, religious identity and, finally, ideological, or political identity.

National identity

In the Soviet period, the former imperial identity was replaced by an international Soviet identity. Although the Russian Republic existed within the USSR, it did not possess the most important features and attributes of statehood.

The collapse of the USSR was one of its reasons for the awakening of the national consciousness of Russians. But, as soon as it was born, the new state - the Russian Federation - was faced with a problem: is it the legal successor and legal heir of the USSR or the Russian Empire? Or is it a completely new state? The dispute on this matter continues to this day.

The neo-Soviet approach views today's Russia as a "Soviet Union without ideology" and demands the restoration of the USSR in one form or another. On the political stage, this worldview is mainly represented by the Communist Party of the Russian Federation (KPRF).

Another approach views Russia as a multinational state within its current borders and as the legal successor to the Russian Empire and the USSR. There is no need for territorial expansion today, but one's own territory, including non-Russian regions, is considered sacred and indivisible. In accordance with this approach, Russia also has overriding interests and even a mission in the territory of the former USSR. Therefore, it must, on the one hand, try to integrate this space in various ways, and on the other, protect the rights of its compatriots living in the newly independent states. This approach is shared by most Russians and proclaimed by President Putin and the United Russia party.

The third approach asserts that Russia is a state of Russians, that the imperial and Soviet past are equally tragic pages of history that need to be closed. Instead, it is desirable to reunite the Russian-populated lands, such as Crimea, Northern Kazakhstan, etc. At the same time, part of the territories, primarily the North Caucasus and especially Chechnya, would be better off, on the contrary.

The main challenge to the national identity of Russians today should be the question of the right of people from the labor-abundant republics of the North Caucasus, without losing their language and faith, to freely move to large metropolitan areas and native Russian regions. Although there are no legal obstacles to this, the process of internal migration causes intense tension and leads to the strengthening of Russian nationalist sentiments, including the most extremist ones.

The territorial aspect of Russian identity

Over the past five centuries, this aspect has been one of the most important. The territory of the Russian Empire, and then the USSR, was continuously expanding, which led to the formation of the largest state on Earth, and this feature of Russia has long been the subject of our pride. Any territorial loss is perceived very painfully, therefore the collapse of the USSR inflicted a grave trauma on Russian self-awareness from this point of view as well.

The war in Chechnya demonstrated Russia's readiness to defend this value, regardless of any sacrifices. And although the idea of \u200b\u200bagreeing with the secession of Chechnya gained popularity at certain moments of defeat, it was the restoration of Russian control over the republic that became the foundation of unprecedented popular support for Putin in the early 2000s.

The vast majority of Russians consider the preservation of the territorial integrity and unity of Russia to be the most important element of Russian identity, the most important principle that the country should be guided by.

The third aspect of Russian identity is religious

Today, more than 80% of Russians call themselves Orthodox, and the Russian Orthodox Church has received a semi-state status and has a great influence on the policy of the authorities in areas that are significant for it. There is a Russian version of the "symphony," the Orthodox ideal of cooperation between the secular and sacred authorities, the high priest and the emperor.

And yet, the prestige of the church has been shaken in society over the past two years. First of all, the unofficial taboo on criticism of the Russian Orthodox Church, which had existed for more than two decades, disappeared. The liberal part of society went over to open opposition to the church.

Against this background, even forgotten after the collapse of communism, atheism is gradually returning to the scene. But much more dangerous for the ROC is the missionary activity of non-Orthodox Christian confessions, primarily Protestant, as well as the spread of Islam outside its traditional habitat. Most importantly, the power of faith of newly converted Protestants and Muslims is an order of magnitude greater than that of the parishioners of the Russian Orthodox Church.

Thus, the return of post-communist Russia to Orthodoxy is of a purely superficial, ritual character, and no real churching of the nation has taken place.

But an even more dangerous challenge to the Orthodox component of Russian identity is its inability to help the moral revival of Russian society, which today is dominated by disrespect for the law, everyday aggression, aversion to productive work, disregard for morality, and a complete lack of mutual cooperation and solidarity.

Ideological aspect

Since the Middle Ages, Russian national identity has been formed on the idea of \u200b\u200bopposing others, primarily the West, and asserting its differences from it as positive signs.

The collapse of the USSR made us feel like an inferior, wrong country, which for a long time went “wrong” and only now is returning to the world family of “right” peoples.

But this inferiority complex is a heavy burden, and the Russians happily abandoned it once the horrors of oligarchic capitalism and the NATO intervention in Yugoslavia destroyed our illusions about a "brave new world" of democracy, the market, and friendship with the West. The image of the West as a model for imitation was completely discredited by the end of the 1990s. With the coming of Putin to the presidency, an accelerated search for an alternative model and other values \u200b\u200bbegan.

At first, it was the idea that after Yeltsin left, "Russia is getting up from its knees." Then came the slogan about Russia as an "energy superpower". And finally, the concept of "sovereign democracy" by Vladislav Surkov, which claims that Russia is a democratic state, but with its own national specifics, and no one from abroad has the right to tell us what kind of democracy and how we need to build.

The firm majority believes that Russia does not have natural allies, and our belonging to European civilization does not mean that our fate is common with Western Europe and America. The younger and more educated part of Russians still gravitates towards the European Union and would even like Russia to join it, but it is in the minority. The majority, however, want to build the Russian democratic state in their own way - and do not expect any help or advice from abroad.

The social ideal of modern Russians can be described as follows. It is an independent and influential, authoritative state in the world. It is an economically highly developed country with a decent standard of living, competitive science and industry. A multinational country where the Russian people play a special, central role, but the rights of people of all nationalities are respected and protected. It is a country with a strong central government, headed by a president with broad powers. This is a country where the law prevails, and everyone is equal before it. The country of restored justice in the relations of people with each other and with the state.

I would like to note that our social ideal lacks such values \u200b\u200bas the importance of the replacement of power on an alternative basis; the idea of \u200b\u200bthe opposition as the most important institution of the political system; the value of separation of powers and, moreover, their rivalry; the idea of \u200b\u200bparliament, parties and representative democracy in general; the value of minority rights and, to a large extent, human rights in general; the value of being open to a world that is seen as a source of threats rather than opportunities.

All of the above are the most important challenges to Russian identity, to which the country will have to find an answer if it wants to achieve its national goals - a decent life, public justice and respect for Russia in the world.

The destruction of great-power traditions, ideas and myths, and then of the Soviet system of values, where the key point was the idea of \u200b\u200bthe state as the highest social value, plunged Russian society into a deep social crisis, as a result - the loss of national identity, feelings, national and socio-cultural self-identification of citizens.

Key words: self-identification, national identification, identity crisis.

After the collapse of the USSR, in all newly formed states, the need arose to create a new national identity. This issue was most difficult to resolve in Russia, since it was here that “Soviet” value orientations were introduced deeper than in other republics, where the key point was the idea of \u200b\u200bthe state as the highest social category, and citizens identified themselves with Soviet society. The breakdown of the old foundations of life, the displacement of the previous value-semantic guidelines led to a split in the spiritual world of Russian society, as a result - the loss of national identity, a sense of patriotism, national and socio-cultural identification of citizens.

The destruction of the Soviet system of values \u200b\u200bplunged Russian society into a deep value and identification crisis, in the conditions of which another problem arose - national consolidation. It was no longer possible to solve it within the framework of the old one, and it did not dare from the standpoint of the new domestic "liberalism", which was devoid of a program of development of society that was positive for the mass consciousness. Inert state policy during the 90s. in the field of social reform and the lack of new value orientations led to an increased interest of citizens in the historical past of the country, people tried to find answers to the burning questions of today.

An interest arose in historical literature, primarily in alternative history; TV programs in the context of “memories of the past” began to enjoy great popularity. Unfortunately, in most cases, in such programs, historical facts were interpreted in a rather loose context, arguments were not supported by argumentation, many so-called “facts” were falsified. Today, it has become obvious to the majority of educated people what damage to society has been caused by such programs, first of all, young people who are hostages of screen culture have suffered.

On the front of screen culture, today there is “confusion and vacillation”, false, anti-scientific information is passed off as “the truth of history”, the interest of viewers, Internet users and listeners of numerous radio broadcasts is bought by beautiful presentation of various kinds of historical falsifications, which, due to their anti-state orientation, have action on the historical consciousness and the consciousness of the national identity of citizens.

At the same time, the state has not developed a unified policy in the field of expertise of such information flows that deform historical consciousness and perception of national identity. As a result, the myth of the “ideal” times of the past has become firmly entrenched in the minds of Russian citizens. Despite these problems, positive trends have emerged in Russian society in recent years. Thus, according to the data of sociological polls in modern Russian society, the mass interest of people in patriotic ideas, slogans, symbols has been significantly actualized, and the growth of patriotic self-identification of Russians is observed.

The problem of national identity is widely discussed in society today. This is due to the fact that in an age of global changes - integration, globalization, transnational migration and global catastrophes - man-made, environmental, people began to rethink the acquired worldview baggage, while wondering about their involvement in the history of the country, the national community and the process of its development. Russians have a need to revise the existing concepts of social and national identity, and the need to construct new identities, which is primarily caused by instability in the world and the country - increased terrorism, transformation of political regimes, financial crises. It is obvious that if the ideology and cultural and moral values \u200b\u200bin society are not clearly defined, or do not meet the expectations of the main part of society, there is a gradual change in the structure of the individual's personality itself, a change in value orientations, which ultimately leads to an identification crisis.

The most clear characterization of the identity crisis was given by the outstanding psychologist Eric Erickson, who described it as follows: pathology of identity ”46. In a crisis, the individual is more and more detached from social communities - individualized, and the maintenance of identity is carried out through interpersonal communication, in particular, through social networks, which allows you to maintain your "I" and build a dialogue with "We".

A way out of the crisis is possible only if the political and cultural elites reach equilibrium within their social groups and start implementing new identification projects, the purpose of which is to cause changes in society and establish a balance of new values \u200b\u200bbased on well-formed beliefs, principles and norms. In other words, the political elite must restore the lost balance of I-We-identity in society. However, this is possible only if the government has not lost the trust of society, otherwise the imposition of a new system of values \u200b\u200bby the political elite can lead to a social explosion47.

In different historical eras, the balance in this pair was constantly violated. The beginning of the domination of "I" over "We" is recognized as the Renaissance, it was at this time that the "I" broke free and left the bonds of "We". This was due to several factors - the erasure of the class framework, the increased attention to human individuality in literature and painting, with the expansion of the boundaries of the perception of the world due to scientific and geographical discoveries. Centuries passed and in developed societies the “I” became more and more detached from “We”, with the intensification of the processes of integration and globalization it lost its clear outlines and national identity (national-state we-identity). At the present time in Russian society, largely thanks to the policy of V.V. Putin, there are qualitative changes in the content of cultural meanings, symbols and foundations of the new "capitalist" Russia, there is a return to the cultural and moral values \u200b\u200bof the Soviet era.

Quite a lot has already been done in this direction - the cultural heritage is being restored - the reconstruction of historical monuments, the creation of historical museums in various cities of Russia, there are series of programs dedicated to our history, literature, culture, the Olympics have become a new victory in this direction, now Crimea is being restored before our eyes ... Today in Russia, a reassessment of the cultural and historical baggage of the past continues, which expands the boundaries for the search for social identifications, new identification constructs appear based on the combination of the pre-Soviet and Soviet periods of Russian history. Such cultural constructs have a serious impact on the formation of national identity. Recently, in Russia, young people have been demonstrating their national identity more and more, while the older generation, on the contrary, is showing the inertia of Soviet identity.

This fact is quite explainable by the fact that the older generation experienced the shock of the “lost generation” - in the post-perestroika period, many were thrown from the “ship of modernity”, their knowledge, skills and abilities were not in demand by the new society. They look to the future with concern and are not inclined to trust the actions of the political elite aimed at creating a complex of new cultural and moral attitudes. People whose active period of socialization took place during the period of totalitarian political culture, having lost sight of the ideological goals and moral values \u200b\u200brigidly set by the political elite, in the new conditions of personal freedom, openness and initiative, have lost their I-We-identification. If such people are asked to behave at their own discretion, they usually experience frustration, it is difficult to make a choice, they are not taught to do it48.

In many ways, the conservatism of Russian society is associated with the peculiarities of the historical and cultural memory formed during the period of totalitarian culture. Despite a certain incompleteness and mythologization, historical and cultural memory is the constant on the basis of which the behavioral models of the individual are formed. First of all, this is due to the fact that historical and cultural memory preserves in the mass consciousness the assessments of past events, which form the structure of values, not only determining the actions and actions of people in the present and future, but contributing to the formation of national identity.

Awareness of our national identity is extremely important for each of us due to the fact that national identity is also a special form of group identity, thanks to which, despite the lack of physical contacts, people consider themselves united together, because they speak the same language, have common cultural traditions, live on the same territory, etc. The connecting links of national identity are historical memory, cultural traditions, patriotism. The very concept of “national identity” is an “invention” of our time, its political significance is associated with maintaining the feeling of “being at home”, creating in citizens a sense of purposefulness, self-esteem, and involvement in the achievements of their country.

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1. Bourdieu Pierre. Practical meaning / Per. with fr. / SPb., Aleteya, 2001.

2. Gudkov LD Russian neo-traditionalism and resistance to change // Otechestvennye zapiski. M., 2002 No.

3. URL: http://old.strana-oz.ru/? numid \u003d 4 & article \u003d 206 3. Kiselev G.S. Man, culture, civilization on the threshold of the III millennium. M .: Eastern literature. 1999.

4. Lapkin V. V., Pantin V. I. Russian order. - Policy. Political Studies. 1997. No. 3.

5. Lapkin V. V., Pantin V. I. Rhythms of international development as a factor of political modernization of Russia. - Policy. Political Studies. 2005. No. 3.

6. Lapkin, V.V., Pantin, V.I. Evolution of value orientations of Russians in the 90s // ProetContra, T. 4. 1999, No. 2.

7. Pokida A. N. Specificity of patriotic feelings of Russians // Power. 2010. No. 12.

8. Kjell L., Ziegler D. Theories of personality. 2nd ed. St. Petersburg: Peter, 1997. Ericson E. Identity: youth and crisis / Per. from English / Moscow: Progress Publishing Group, 1996 - 344 p.

9. Shiraev E., Glad B. Generational Adaptations to the Transition // B. Glad, E. Shiraev. The Russian Transformation: Political, Sociological and Psychological Aspects. N. Y .: St. Martin's Press, 1999.

Plotnikova O.A.

STATE AND LAW IN THE MODERN WORLD: PROBLEMS OF THEORY AND HISTORY

Russian identity: legal conditions for formation

VASILIEVA Liya Nikolaevna, Ph.D. in Law, Leading Researcher, Department of Constitutional Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Russian Federation, 117218, Moscow, st. Bolshaya Cheryomushkinskaya, 34

The article considers the legal prerequisites for the formation of Russian identity along with ethnic identity. The article examines legislative measures to strengthen the unity of the Russian nation, preserve national identity, and revive Russian identity. The guarantees in the field of preservation and development of native languages, national culture of the peoples of Russia, protection of the rights of national and cultural autonomies in the Russian Federation are noted. The analysis of strategic documents and regulatory legal acts of the regional level in connection with their focus on the formation of Russian civic identity is presented, the ways of legal regulation in order to form the Russian civic identity are proposed, trends in the development of legislation to strengthen Russian identity are noted.

Key words: Russian civil identity, ethnic identity, interethnic relations, ethnic identity, national language, development of legislation, tolerance.

Russian Identity: Legal Conditions of Formation

L. N. Vasil "eva, PhD in law

The Institute of Legislation and Comparative Law under the Government of the Russian Federation

34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia

E-mail: [email protected]

In the article the pre-conditions for the forming the Russian identity on a legal basis along with an ethnic identity are examined. The legal measures, devoted to strengthening the process of uniting the Russian nation and restoration the national peculiarity for the perspective revival of the Russian identity are also observed in this article. In the article the author pays special attention to the circumstances, which are in a great demand now, such as: to guarantee the essential development of the national languages, national culture of the Russian inhabitants, to protect and support the rights of the cultural autonomous territory. In the article there is also the analysis either of the strategic or of the normative documents, adopted in the regional legislative institutions, which are presented here since they are aimed at forming the russian civil identity. Besides the above mentioned, the author determines and detects the main nowadays trending in the legal regulation system, targeting at approaching the described goals as well. Particularly the author underlines the progressive features in the everydays development of the legal regulative mechanisms, used for restoration and strengthening the russian identity.

Keywords: Russian civil identity, interethnic identity, ethnic relations, ethnicity, national language, the development of legislation, tolerance.

DOI: 10.12737 / 7540

Challenges of the modern world, the changing geopolitical situation, the need to strengthen the unity of Russian society

became the prerequisites for the search for a national idea uniting the citizens of multinational Russia. The success of this search in

in a number of cases, it depends on unity within the multinational people of the Russian Federation itself, on the awareness of every citizen of Russia not only ethnic, but also Russian identity.

Identity as a conscious self-determination of a social subject, according to the definition of the French sociologist A. Touraine1, is determined by three main components: the need for belonging, the need for positive self-esteem, and the need for security. M.N. Guboglo rightly emphasizes that identity and identification, including ethnic identification, require constant confirmation from the bearer of ideas about the group with which he seeks to identify2.

In the studies of G.U. Soldatova, it is worth noting the definition of ethnic identification as shared in one way or another by members of a given ethnic group of common ideas that are formed in the process of interaction with other peoples. A significant part of these ideas is the result of an awareness of common history, culture, tradition, place of origin (territory) and statehood. Common knowledge binds the members of a group and serves as the basis for distinguishing it from other ethnic groups3.

At the same time, different points of view are also expressed in relation to the concept of "ethnicity" in the literature. Ethnographers, as a rule, use it to describe population groups that differ in the same

1 See: Touraine A. Production de la societe. P., 1973. P. 360.

2 See: M.N. Guboglo, Identity identification. Ethnosociological essays. M., 2003.

3 See the International Project “National

national identity, nationalism and re-

regulation of conflicts in the Russian Federation

deration ", 1994-1995.

kim characteristics as a common language, religion, culture. For example, P. Waldman includes in the definition of the concept of an ethnic group such elements as history, own institutions, certain places of settlement. This group must also be aware of its unity. Anthropologists, in particular W. Durham, believe that the definition of ethnicity is a matter of identification with a specific cultural system, as well as a tool for its active use in order to improve one's position in a particular social system4.

It should be noted that the concept of ethnic identity also includes the subject's awareness of his belonging to a particular ethnic group, while the subject's nationality may not directly coincide with the self-name of such an ethnic group. In jurisprudence, this is evidenced, for example, by discrepancies in the understanding of the terms “national language” and “native language” 5 in their substantiation of the ethnicity of a native speaker. The concept of ethnic identity is closely related to the concept of "originality" traditionally used by jurisprudence in relation to legal measures to protect the language, culture, traditional way of life (in some cases), religion, and the historical heritage of certain ethnic and other communities.

International doctrine, which laid the foundations for the protection of ethnic identity in general, linguistic and cultural identity, contributed to the development of the institution of protection of ethnic identity and on

4 See: NS Krylova, TA Vasilyeva, et al. State, law and interethnic relations in Western democracies. M., 1993.S. 13.

5 For more details see: L. N. Vasilyeva Legislative regulation of the use of languages \u200b\u200bin the Russian Federation. M., 2005.S. 22-25.

at the national level, as well as complementing the mechanisms for protecting identity with national measures defined both at the constitutional level and in separate independent laws. At the same time, in the national legislation, measures to preserve ethnic identity - the cornerstone of correlating an individual with an ethnos, determining ethnic identity - are in most cases focused on protecting the rights of national minorities.

For example, one of the features of the consolidation of national (ethnic) identity has become the consolidation of the right of persons belonging to national minorities to preserve, develop and manifest their ethnic, cultural, linguistic, religious and national essence. It is this right - the right to nationality - that is established by the Romanian Constitution of 1991, emphasizing that the measures taken by the state to preserve, develop and manifest these rights belonging to national minorities must comply with the principles of equality and non-discrimination in relation to other Romanian citizens.

At present, a number of interesting trends are emerging in relation to the identity of ethnic groups. Thus, new terms appear related to the modern integration processes of states, for example, the term "European identity". In particular, the President of the European Parliament considers the flag of a united and constantly evolving Europe “a symbol of European identity” 6. The use of such a term in the politico-statist understanding is already setting precedents. Thus, in November 2009 the European Court of Human Rights

6 See about this: Bulletin of the European Court of Human Rights. Russian edition. 2005. No. 12.

decided on the illegality of placing crucifixes in public schools in Italy, which caused a wide public outcry.

At the same time, within the framework of the European Union, in fact, at the official level, the principle of diversity was proclaimed an integral element of the identity of modern Europe. It was primarily about languages \u200b\u200band culture in general7.

The uniqueness of the situation in the Russian Federation lies in the fact that the Constitution of Russia operates with the term “multinational people of the Russian Federation”. According to R. M. Gibadullin, the Constitution of the Russian Federation of 1993 contains a statist idea of \u200b\u200bRussian identity in the form of the concept of "multinational people", expressing the idea of \u200b\u200ba nation as a supra-ethnic state-forming community8. At the same time, guarantees have been established at the legislative level in the field of preservation and development of native languages, national culture of the peoples of Russia, protection of the rights of national and cultural autonomies.

The need to form a relatively stable community, united within a common territory by a common historical past, a certain common set of basic cultural achievements and a common awareness of one's belonging to a single multinational community in all manifestations of the ethnic identity of its constituent peoples of Russia, is obvious today. It seems that the emergence of such a community will become an important obstacle to the development of interethnic conflicts and the diminution of the sovereign rights of the state.

7 See: J. Haggman Multilingualism and the European Union // Europaisches Journal fur Minderheitenfragen (EJM). 4 (2010) 2.P. 191-195.

8 See: R. M. Gibadullin Post-Soviet dis. ... nations as a problem of interethnic unity in Russia // Power. 2010. No. 1. S. 74-78.

The Russian Federation has always been a state that is unique in its multinational nature. In our country, as V. Tishkov9 notes, the concept of the “Russian people” (“Russians”) was born during the time of Peter I and MV Lomonosov and was approved by prominent figures, in particular, NM Karamzin. In tsarist Russia, there was an idea of \u200b\u200ba Russian, or “all-Russian” nation, and the words “Russian” and “Russian” were largely synonymous. For N. M. Karamzin, being a Russian meant, first of all, feeling a deep connection with the Fatherland and being a "perfect citizen." This understanding of Russianness on the basis of Russian culture and Orthodoxy occupied a dominant position in comparison with ethnic nationalism. P. B. Struve believed that "Russia is a national state" and that, "geographically expanding its core, the Russian state turned into a state that, being multi-national, at the same time possesses national unity" 10.

During the existence of the USSR, the Soviet people were viewed as a meta-ethnic community. It was fundamentally different from the existing "capitalist nations" and was opposite to them. At the same time, “the Soviet people could not be called a nation, since the existence of socialist nations and nationalities as smaller formations, from which a new historical community was created, was established within the USSR” 11.

10 Cit. Quoted from: V. A. Tishkov. The Russian people and national identity.

11 See: Constitutional Law and Politics: Sat. mater. Int. scientific. conf. (Faculty of Law, Lomonosov Moscow State University

It should be emphasized that the concepts of "people" and "nation" are not regarded as identical. Let us agree that “a nation is the political hypostasis of a people. A nation does not exist outside the state; in the modern world, the dualism of the state and the nation can be considered inseparable. A nation is formed by people loyal to this state. Loyalty to the state is demonstrated through the exercise by the people of their political rights and carrying out political duties. The main responsibility is the responsibility to defend your country, your state. It is the desire to defend one's country that is the existence of national identity ”12.

In our country, at the constitutional level, it is established that it is the multinational people who are the bearers of sovereignty and the only source of power in the Russian Federation. At the same time, both in scientific discussions and in the media, attention is drawn to the fact that today the task is to form a single Russian nation, a Russian identity. The very same concepts of "Russian" and "Russian woman", which form the basis of the term "Russian nation", imply not only the possession of Russian citizenship, but also a supranational cultural identity compatible with other types of self-identification - ethnic, national, religious. In the Russian Federation, neither at the constitutional nor at the legislative level are obstacles established for a person from any ethnic, national or religious community to consider himself a bearer of Russian culture, that is, a Russian, and at the same time preserve other

12 See: Constitutional Law and Politics: Sat. mater. Int. scientific. conf. (Faculty of Law, Lomonosov Moscow State University, March 28-30, 2012) / otv. ed. S. A. Ava-kyan.

forms of cultural and national identity13.

Currently, in a number of fundamental documents on the issues of state ethnic policy, the term “Russian civil identity” is used. So, in the Strategy of the State National Policy of the Russian Federation for the period up to 202514 it is noted that the lack of educational and cultural and educational measures to form Russian civic identity, foster a culture of interethnic communication negatively affects the development of national, interethnic (interethnic) relations.

The federal target program “Strengthening the unity of the Russian nation and ethnocultural development of the peoples of Russia (2014-2020)” 15 also emphasizes that the development of interethnic (interethnic) relations is influenced by the following negative factors: erosion of traditional moral values \u200b\u200bof the peoples of Russia; attempts to politicize the ethnic and religious factor, including during election campaigns; insufficient measures to form Russian civic identity and civic unity, foster a culture of interethnic communication, study the history and traditions of Russian peoples; the prevalence of negative stereotypes towards other peoples.

In this regard, it is worth focusing on the fact that the solution of the problem of the emergence of a single Russian nation is impossible without a fair legal assessment of repression.

13 See: D.S.Shaporeva, Constitutional Foundations of National Cultural Identification in Russia // Russian Justice. 2013. No. 6.

this Soviet era in relation to a number of peoples. The named Federal Target Program notes that at present, some consequences of the Soviet ethnic policy (for example, repressions and deportations against individual peoples, repeated changes in administrative-territorial boundaries) still have a negative impact on interethnic relations. Today this problem has acquired particular urgency in connection with the admission of a number of territories to the Russian Federation. Indeed, the recognition of an unfair and often far-fetched attitude towards the entire people, based on a number of special cases, requires the adoption by the state of a set of legal and social measures to prevent manifestations of ethno-national extremism.

Even before the adoption of the current Constitution of the Russian Federation, the RSFSR Law of April 26, 1991 No. 1107-X "On the rehabilitation of repressed peoples" was adopted. However, it does not contain a comprehensive legal toolkit that allows the rehabilitation mechanism to be applied to each illegally repressed people as efficiently as possible, in accordance with its ideas about the legal nature of a social and legal state. Today it is relevant in connection with the admission of the Republic of Crimea to the Russian Federation, in which the Crimean Tatars repressed during the Soviet years live.

In addition, at the state level, the formation of the unity of the Russian nation is closely linked with the ethnocultural development of the peoples of Russia. The above-mentioned Federal Target Program offers two options for solving problems in the field of state national policy and ethnocultural development: the first option assumes an accelerated pace of strengthening the unity of the Russian nation and

ethno-cultural development, significant improvement of interethnic and ethno-confessional relations; the second is counteraction to the prevailing negative tendencies, strengthening of the general civil Russian identity, and the development of ethnocultural diversity.

Thus, in the legal field of the Russian Federation, there are two interrelated terms: “the unity of the Russian nation”, which implies the preservation of the ethnic identity of all the peoples of Russia that make up this nation, and “common civic Russian identity” as the awareness of oneself belonging to the Russian nation, the awareness of oneself as a Russian citizen of the Russian Federation. Federation. A common civic Russian identity will lead to the strengthening of the entire unity of the Russian nation (still in the stage of formation), and the development of ethnocultural diversity will only strengthen common civic identity with a new quality of a solidarizing community.

Legal regulation aimed at the development of ethnocultural diversity includes a fairly wide range of issues aimed at the formation of harmonious interethnic relations: issues of preserving and developing national identity, the formation of a single all-Russian culture, ensuring decent conditions for the socio-economic development of regions and representatives of all social strata and ethnic groups in it, countering extremism. At the same time, such regulation is not limited exclusively to methods of legal regulation. An important role here is played by the level of intercultural competence, tolerance and acceptance of a different way of understanding the world, the standard of living of representatives of different ethnic groups. In this regard, the influence of regional legislation on the qualitative development of these areas is significant.

At the regional level, a set of measures has been developed to protect and develop Russian identity, as well as to form the identity of the community living in a particular subject of the Russian Federation. Acts of regional lawmaking often emphasize the idea that the formation and implementation of national identity, the development of the cultural potential of the constituent entity of the Russian Federation will ensure an increase in competitiveness, the development of creativity, innovation and social well-being, the formation of the orientation of the individual and social groups towards values \u200b\u200bthat ensure the successful modernization of the regional community16. At the same time, it is emphasized that regional identity should be part of Russian national identity, be built into the system of state cultural policy17. Thus, in the Yaroslavl Region, the Council for the Formation of the Yaroslavl Regional Identity has been established and is functioning, which solves issues on the development of common approaches to the formation of regional identity, the development of a concept of regional identity and a strategy for its promotion.

At the same time, in a significant array of normative legal provisions, the volume of those regulations that directly relate to the preservation of ethnic identity by Russians is somewhat minimized.

In this regard, an essential point for understanding is the existing complex of measures aimed at protecting the Russian language as the national language of the Russian people. In federal programs, the protection of the Russian language is carried out in three areas: the state language of the Russian

16 See, for example, Resolution of the Governor of the Vladimir Region No. 1074 dated November 25, 2013.

the Russian Federation; language of interethnic communication; the language of compatriots abroad18.

At the same time, regional legislation is only partially aimed at developing a system for strengthening Russian identity. A number of regional programs were aimed directly at strengthening it in the constituent entities of the Russian Federation, most of which had already exhausted their resource in terms of their duration. Many of them solved this problem only indirectly.

Thus, some programs in the subjects of the Russian Federation with the predominant settlement of the Russian people contained a set of measures only for the development of the Russian language as a means of interethnic communication. As an example, we can name the Regional Target Program "Russian Language" (2007-2010) "(Belgorod Region) 19, as well as the Regional Target Program" Russian Language "for 2007-

2009 "(Ivanovo region) 20.

Creation of full-fledged conditions

for the development of the Russian language as the national language of the Russian people noted in the departmental target program "Russian language" (2007-2009) "(Nizhny Novgorod region) 21 and in the Regional target program" Russian language "for 2008-

2010 "(Vladimir region) 22. Among the tasks of the latter were the creation of full-fledged conditions for the development of the Russian language as the national language of the Russian people;

18 See, for example, Resolution of the Government of the Russian Federation of June 20, 2011 No. 492 “On the federal target program“ Russian language ”for 2011-2015”.

22 Approved The law of the Vladimir region from

propaganda of the Russian language, raising and activating various kinds of motivations for the study of the Russian national language and Russian national culture and regional studies in the Vladimir region; popularization of the Russian language as the main means of national and international communication and the development of interest in its history and current state on the territory of the Vladimir region. However, at the moment these programs have exhausted their resource in terms of time.

Among the current programs, one can note the State Program of the Voronezh Region "Development of Culture and Tourism" with the subprogram "Ethnocultural Development of the Voronezh Region" 23, the Comprehensive Action Plan for the implementation in 2013-2015 of the Strategy of the State National Policy of the Russian Federation for the period up to 2025. , harmonization of interethnic relations, strengthening of all-Russian identity and ethnocultural development of the peoples of the Russian Federation in the Tula region24.

The provision on improving the current monolingual linguistic situation and creating a linguistic environment, on expanding the sphere of active use of the Russian language, contained in the State Program of the Republic of Tuva "Development of the Russian language for 2014-2018" 25 seems interesting. However, the positive resource of such programs to strengthen the status of the Russian language is clearly insufficient for an integrated approach to strengthening Russian identity in the regions of Russia.

It should be agreed with leading Russian ethnologists that the prestige of Russianness and pride in the Russian people should be asserted not by denying Russianness, but through the assertion of a double identity (Russian and Russian), through improving the living conditions of the regions where Russians are predominantly populated, through promoting their wide representation in institutions civil society and protection of their interests in public national organizations. The rooting of Russian identity as a special system of the identity of the Russian people, expressed in the Russian language, Russian national (folk) culture, traditions, family values \u200b\u200band the Orthodox faith, is an additional impetus in strengthening the single Russian nation26.

The Soviet period of our history, in which the Russian people fulfilled the mission of “elder brother”, the subsequent “parade of sovereignty” of new Russia and the consolidation of the rights of “titular nations” in the republics within the Russian Federation did not contribute to the formation of either Russian or Russian identity. Today, in the period of new global changes and challenges for the Russian Federation, it is necessary to form a clear ethnological, legal and general civil position in these areas.

In connection with these trends in the development of legislation to strengthen Russian identity, it is possible to determine:

strengthening of legal protection in relation to the Russian language and national Russian culture in terms of preserving their original qualities;

economic support and social development of territories of preferential settlement of Russian

26 See: V. Tishkov. About the Russian people and national identity in Russia. URL: http://valerytishkov.ru/cntnt/publicacii3/ publikacii / o_rossisko.htmL

th people, as well as territories strategically important for the preservation of "Russianness" there, including: the Kaliningrad region, the Republic of Crimea, the Far East;

enhancing the role of institutions, including national public organizations;

the adoption of a comprehensive targeted program of economic and socio-cultural orientation for the revival of the countryside in the regions of central Russia in the new economic conditions ("new Russian village");

the development of patriotic education, the cultivation of patriotism and knowledge of the history of their country, the role of the Russian people in the heroic pages of the history of the Russian state, national heroes;

the need for a legal and civil assessment of those tragic events in our history that affected the Russian people, Russians as repressed persons, Russian identity in general;

the need for educational and cultural and educational measures to form Russian identity, acquaintance with the Old Church Slavonic language as additional education, studying the life and customs of the Slavs, fostering a culture of modern communication within their national group.

It is also possible to create certain tourist ethno centers and allocate an appropriate territory for the construction of a center for the development of Russian identity, which would include cultural institutions, ethnic villages and educational institutions for familiarizing and studying Russian writing, Russian folk crafts and folklore with a predominant focus on visiting it by students of educational institutions , including preschool departments.

However, it should be remembered that national identity, including Russian, is not so much connected with the nationality of its bearer, as

is determined by the individual's assignment to the nation. Therefore, the strengthening of the position of the Russian language abroad, as well as the propaganda and protection of the Russian language as the greatest civilizational value within the state, can be considered a certain legal task.

In this regard, the tasks of attracting public attention to the problems of preserving and strengthening the status of the Russian language as the spiritual basis of Russian culture and Russian mentality are relevant; increasing the level of education and culture of Russian speech in all spheres of the functioning of the Russian language; formation of motivation for interest in the Russian language and speech culture among different segments of the population; increasing the number of educational events popularizing the Russian language, literature and culture of the Russian people. Similar directions took place in some regional target programs.

We must also agree that national identity, in contrast to ethnicity, presupposes the presence of a certain mental attitude, the individual's feeling of belonging to a major socio-political entity. Therefore, one should warn against popularizing the idea of \u200b\u200bcreating a "Russian state". At the same time, the introduction into the current federal legislation of provisions aimed

on the emergence at the federal level of a corresponding national-cultural autonomy as a form of national-cultural self-determination of citizens of the Russian Federation who consider themselves to be a certain ethnic community, in order to independently resolve issues of preserving identity, developing language, education, national culture, is quite justified.

It should be noted that the formation of a single Russian nation is possible only if each citizen realizes not only his ethnicity, but also community with fellow citizens of a single multinational country, involvement in their culture and traditions. In this sense, the creation of effective legal mechanisms aimed at the emergence of Russian identity is necessary. Awareness of oneself as a Russian, a member of a large community - a single Russian nation, a bearer of Russian national identity as belonging to the Russian state - is the task of several generations. In this regard, legal measures should be put at the legislative level, along with the existing legal instruments for the protection of the national and state languages, the development of folk and Russian culture, support for the development of the regions and the geopolitical interests of Russia, which already exist.

Bibliographic list

Haggman J. Multilingualism and the European Union // Europaisches Journal fur Minderheitenfragen (EJM). 4 (2010) 2.

Touraine A. Production de la societe. P., 1973.

Bulletin of the European Court of Human Rights. Russian edition. 2005. No. 12.

Vasilyeva L. N. Legislative regulation of the use of languages \u200b\u200bin the Russian Federation. M., 2005.

Gibadullin R.M. Post-Soviet discourse of the nation as a problem of interethnic unity in Russia // Power. 2010. No. 1.

Guboglo M. N. Identification of identity. Ethnosociological essays. M., 2003.

Constitutional law and politics: collection of articles. mater. Int. scientific. conf. (Faculty of Law, Lomonosov Moscow State University, March 28-30, 2012) / otv. ed. S. A. Avakyan. M., 2012.

Krylova NS, Vasilyeva TA et al. State, law and interethnic relations in the countries of Western democracy. M., 1993.

Tishkov V. On the Russian people and national identity in Russia. URL: http: // valerytishkov.ru/cntnt/publicacii3/publikacii/o_rossisko.html.

Tishkov V.A.Russian people and national identity // Izvestia. 2014.13 nov. Shaporeva D.S. Constitutional foundations of national cultural identification in Russia // Russian justice. 2013. No. 6.

Legal Acculturation Mechanism

SOKOLSKAYA Lyudmila Viktorovna, Candidate of Legal Sciences, Associate Professor of the Department of Civil Law Disciplines of the Moscow State Regional Humanitarian Institute

Russian Federation, 142611, Orekhovo-Zuevo, st. Green, 22

The article examines legal acculturation - a long-term contact of legal cultures of different societies, using, depending on historical conditions, various methods and methods of influencing each other, the necessary result of which is a change in the initial structures of the culture of the contacting societies, the formation of a single legal space and a common legal culture. The forms, methods, means and methods of legal acculturation are revealed, the mechanism of its functioning and impact on the legal system of modern Russian society is revealed.

Key words: legal culture, legal acculturation, mechanism of legal acculturation, modernization, unification.

Mechanism of Legal Acculturation

L. V. Sokol "skaya, PhD in law

Moscow State Regional Institute of Humanities

22, Zelenaya st., Orekhovo-Zuevo, 142611, Russia

E-mail: [email protected]

Acculturation - this intercultural contact of various societies. When contacting legal cultures subject to investigation legal of acculturation. The article reveals the mechanism of legal acculturation as a set of interrelated, interdependent methods, tools, techniques and factors providing intercultural contact of various societies. Parties acculturation: the society-recipient, society-donor, society-partner. In the process of legal acculturation are the following steps: identification of needs, borrowing, adaptation, perception (assimilation), result. Depending on the position of society enters into intercultural contact and acculturation distinguish legal mechanism such historical forms as reception, expansion, assimilation, integration and convergence. The author applied the historical-cultural studies approach.

Keywords: legal culture, legal acculturation, the legal mechanism of acculturation, modernization, unification.

DOI: 10.12737 / 7571

The deepening of the processes of legal integration in the era of globalization gives rise to the need to create and study the mechanism of legal acculturation1, which would

1 Legal acculturation is a prolonged contact of legal cultures of different societies, using, depending on historical conditions, various methods and ways of influencing each other, the necessary result of which is a change in the initial

differed from the already known and sufficiently investigated mechanisms for introducing elements of a foreign legal culture into the national legal culture (for example, the mechanism for implementing the norms of international

cultural structures of contacting societies, the formation of a single legal space and a common legal culture. See: Sokolskaya L. V. Interaction of legal cultures in the historical process. Orekhovo-Zuevo, 2013.

Outstanding politicians, economists and scientists speak about the role of Russia in the XXI century with its new threats, globalization and the reaction to it. They talk about the causes of civilizational conflicts, whether there is a Russian (Russian) civilization, how globalization affects identity, and, finally, what will be the role of resource-rich countries in the new century, including Russia.

Confusion reigns over the question of the formula and mechanisms for establishing national identity as one of the foundations of Russian statehood, which is accompanied by superficial and conflicting debates. Ignoring or manipulating around the key points of using the concepts "people" and "nation" carries serious risks for society and the state. In contrast to the negative meaning that is attached to nationalism in the domestic political language, nationalism played a key role in the formation of modern states and, to varying degrees and variations, remains the most important political ideology of our time.

In Russia, nationalism and nation-building are studied poorly and using old approaches. This is one of the reasons for the existence of at least three different views on society and the state:

1) Russia is a multinational state with a population consisting of many nations, and this is its radical difference from other states;
2) Russia is a national state of the Russian nation with minorities, whose members can become Russians or recognize the state-forming status of Russians;
3) Russia is a nation state with a multiethnic Russian nation, the basis of which is Russian culture and language and which includes representatives of other Russian nationalities (peoples).

Global context.

In world public practice, the concept of nations as territorial and political entities with complex, but uniform socio-cultural systems has been established. No matter how heterogeneous state communities may be, they define themselves as nations and consider their states to be national or nation-states. The people and the nation act in this case as synonyms and give the original legitimacy to the modern state. The idea of \u200b\u200ba single people-nation is the key to ensuring stability and harmony in society and the guarantee of the stability of the state, no less than the Constitution, the army and protected borders. The ideology of a civil nation includes the principles of a responsible citizen, a unified education system, a version of a common past with its dramas and achievements, symbols and calendar, a sense of love for the Motherland and loyalty to the state, as well as the upholding of national interests. All this constitutes what is called nationalism in its civil and state form.

Civil nationalism is opposed by the ideology of ethnic nationalism on behalf of one or another ethnic community, which may constitute the majority or minority of the population, but which defines its members, and not fellow citizens, a nation and, on this basis, requires its own statehood or privileged status. The differences are significant, for ethnic nationalism is based on the ideology of exclusion and denial of diversity, while civil nationalism is based on the ideology of solidarity and the recognition of diverse unity. A particular challenge to the state and the civil nation is radical nationalism on behalf of minorities who wish to leave the common state through armed secession. The ethnic nationalism of the majority also carries risks, for it can declare the state the exclusive property of one group, creating opponents among the minorities.

Thus, in India, Hindu nationalism, on behalf of the Hindi-speaking majority, became one of the causes of civil wars. Therefore, the concept of the Indian nation is established there, although the country has many large and small peoples, languages, religions and races. Beginning with Gandhi and Nehru, the elite and state have championed Indian nationalism (the name of the leading Indian National Congress party) in opposition to Hindi and minority nationalism. Thanks to this ideology, India remains intact.

In China, the dominant people - the Han people - and the Chinese nation are almost the same numerically and culturally. Nevertheless, the presence of 55 non-Han peoples with a population of more than 100 million does not allow us to speak of the Han people as a state-forming nation. The image of the Chinese nation as all citizens of the country was constructed several decades ago and successfully copes with the task of ensuring the national identity of the Chinese.

A similar situation of two levels of identity (civil nation and ethnonation) exists in other countries - Spain, Great Britain, Indonesia, Pakistan, Nigeria, Mexico, Canada and others, including Russia. All modern nations-co-citizenship have a complex ethnic, religious, racial composition of the population. The culture, language and religion of the majority are almost always the basis of the national culture: the English component in the British nation, Castilian in Spanish, Han in Chinese, Russian in Russian; but the nation is understood as a multi-ethnic entity. For example, the Spanish nation includes both the main population - Castilians, Basques, Catalans, Galicians.

In Russia, the situation is similar to that in other countries, but there are peculiarities in dealing with the ideology of nation-building and in the practice of using the category “nation”. These features should be taken into account, but they do not override the global norm.

New Russian project

Due to the inertia of political and legal thinking, the formula of multinationality has been preserved in the Constitution of the Russian Federation, although the formula of a “multinational nation” would have been more adequate. It is difficult to correct the text of the Basic Law, but it is necessary to more consistently approve the concepts of "nation" and "national" in the national and civil sense, without rejecting the existing practice of using the concept in the ethnic sense.

The coexistence of two different meanings for such a politically and emotionally loaded concept as “nation” is possible within one country, although the primacy of civic national identity for its inhabitants is indisputable, no matter how ethnonationalists dispute this fact. The main thing is to explain that these two forms of community are not mutually exclusive and the concepts of “Russian people”, “Russian nation”, “Russians” do not deny the existence of the Ossetian, Russian, Tatar and other peoples of the country. Support and development of the languages \u200b\u200band cultures of the peoples of Russia must go along with the recognition of the Russian nation and Russian identity as fundamental for the citizens of the country. This innovation has actually already been recognized at the level of common sense and everyday life: in surveys and in concrete actions, citizenship, connection with the state, and recognition of Russianness are more important than ethnicity.

The proposal made by some experts and politicians to affirm in Russia the concept of “Russian nation” instead of “Russian” and to return the pre-revolutionary, broad understanding of Russians as everyone who considers themselves to be such is impossible to realize. Ukrainians and Belarusians will no longer agree to consider themselves Russians again, and Tatars and Chechens never considered themselves to be Russians, but all of them, together with representatives of other Russian nationalities, consider themselves Russians. The prestige of Russianness and the status of Russians can and should be increased not by denying Russianness, but by asserting a dual identity, by improving the living conditions of the regions where Russians are predominantly populated, by promoting their social and political representation in the Russian state.

In modern states, multiple, non-mutually exclusive identity is recognized at the level of collective communities and the individual. This weakens ethno-cultural dividing lines within the framework of one co-citizenship and promotes national consolidation, not to mention the fact that the self-awareness of the part of the population consisting of the descendants of mixed marriages is more adequately reflected. In Russia, where one third of the population is the descendants of mixed marriages, the practice of obligatory fixation of individual ethnicity of citizens is still preserved, which leads to violence against the individual and violent disputes over who belongs to which people.

All states consider themselves national, and it makes no sense for Russia to be an exception. Everywhere among the people of a country, the concept of a nation is being established, regardless of the racial, ethnic and religious composition of the population. A nation is the result of not just ethnocultural unification and “long historical formation”, but of the purposeful efforts of the political and intellectual elite to assert among the population ideas about the people as a nation, common values, symbols, and aspirations. Such generalizations are common in countries with more fragmented populations. In Russia, there is a real community of Russians based on historical and social values, patriotism, culture and language, but the efforts of a significant part of the elite are directed towards denying this community. The situation should be changed. National identity is affirmed through many mechanisms and channels, but primarily through ensuring civil equality, the system of upbringing and education, the state language, symbols and calendar, cultural and mass media production. After the restructuring of the foundations of the economy and political system, the Russian Federation needs to update the doctrinal and ideological sphere of ensuring civil solidarity and national identity.

border russia national identity

Acting

However, it should be remembered that national identity, including Russian, is not so much related to the nationality of its bearer, but is determined by the individual's attribution to the nation. Therefore, the strengthening of the position of the Russian language abroad, as well as the promotion and protection of the Russian language as the greatest civilizational value within the state can be considered a certain legal task.

It is also necessary to agree that national identity, in contrast to ethnic, presupposes the presence of a certain mental attitude, an individual's feeling of belonging to a major sociopolitical entity. Therefore, one should warn against popularizing the idea of \u200b\u200bcreating a "Russian state". At the same time, the introduction into the current federal legislation of provisions aimed at the emergence at the federal level of a corresponding national-cultural autonomy as a form of national-cultural self-determination of citizens of the Russian Federation who identify themselves as a certain ethnic community, in order to independently resolve issues of preserving identity, language development, education , national culture, is quite justified.

It should be noted that the formation of a single Russian nation is possible only if each citizen is aware of not only his ethnicity, but also community with fellow citizens of a single multinational country, involvement in their culture and traditions. In this sense, the creation of effective legal mechanisms aimed at the emergence of Russian identity is necessary. Realization of oneself as a Russian, a member of a large community of a single Russian nation, a bearer of Russian national identity as belonging to the Russian state is the task of several generations. In this regard, legal measures should be put at the legislative level, along with the existing legal instruments for the protection of the national and state languages, the development of folk and Russian culture, support for the development of regions and the geopolitical interests of Russia, which already exist.