PROBLEMS OF LEGAL REGULATION OF THE STATUS OF THE OFFICIAL LANGUAGE OF UKRAINE

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PROBLEMS OF LEGAL REGULATION OF THE STATUS OF THE OFFICIAL LANGUAGE OF UKRAINE

Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue

Abstract

The article is devoted to actual issues of updating of language legislation. Citizens of Ukraine should speak Ukrainian as a language of their citizenship and use it in the areas of public communication. Knowledge of the Ukrainian language is an indispensable condition for acquiring citizenship of Ukraine. At the same time, every citizen of Ukraine is free to choose a language or languages in private communication. Possession of the state language and its use by public officials and officials of state authorities and local self-government bodies is one of the obligatory conditions for taking corresponding positions. Especially important for the development of language legislation in Ukraine is the clarification of the Constitutional Court that the concept of the state language is an integral part of the constitutional order of the state along with its territory, capital or state symbols. That is why this doctrinal position should become the basis for the development of language legislation in Ukraine. The Constitution of Ukraine defines the notion of “state language”, “languages of national minorities”. These categories are of a different nature: the state language is an inalienable attribute of the constitutional order of the state and performs a national function, while the use of languages of national minorities is one of the elements of ensuring the cultural and linguistic rights of national minorities. The use of the terms “language”, “language policy” was artificially imposed in order to weaken the protection of the state language. The state language has a separate status, which should be regulated by a separate law, and the use of languages of national minorities takes place within the framework of protection of the rights of national minorities – the carriers of such languages. The language situation in Ukraine remains complex today, characterized by a number of negative phenomena and trends, and requires significant changes. This situation shows that new, effective mechanisms for the formation and implementation of the state language policy and the development of good practice in the functioning of the state language, languages of national minorities and indigenous peoples are needed. Without the full functioning of the Ukrainian language in all regions of Ukraine, taking into account the importance of the state language for statehood in general, there is a real threat to the national security of Ukraine. Taking into account this, the state language policy should make it impossible to suppress the state language in the languages of other states, however, while ensuring the right to communicate in the native language with national minorities and indigenous peoples.

Authors and Affiliations

В’ячеслав Станіславович Шевченко

Keywords

LEGAL STRATEGY FOR THE LIMITATION OF HUMAN RIGHTS INTENDED TO PROTECT THE BASIS OF THE CONSTITUTIONAL FATE, HEALTH, RIGHTS, FREEDOMS AND LEGAL INTEREST OF THE PERSON, PROTECTING DEFENSE AND NATIONAL SECURITY

The legal strategies as conceptual components of the theory of state and law in modern legal systems, in particular in the system of protection of human rights and freedoms, are explored. A number of normative legal docu...

EP ID EP625493
DOI -
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