“Almanac of Law”

Almanac of law. Issue 16 (2025), pages 440–447.

DOI: 10.33663/2524-017X-2025-16-440-447

Seitablaiev E. R.
Legal Consciousness of the Crimean Tatar People in the Context of the Rights of Indigenous Peoples: Development Prospects

 

The article is devoted to the study of certain issues of the development of the legal consciousness of the Crimean Tatar people as one of the indigenous peoples of Ukraine. It is emphasized that legal consciousness shapes the legally significant behavior of people, that is, their actions and activities in the law sphere, including the degree of trust in the legislation and law institutions operating in society, as well as their will and willingness to comply with legal norms, and if necessary, to fight for their adoption, change or abolition.

It is noted that legal consciousness, regardless of the specific variety, is significantly influenced by a significant number of objective and subjective factors. At the same time, certain historical and cultural factors play a decisive role in the legal consciousness of a certain society or people. The latter is due to the fact that law does not exist outside the context of a certain culture, history and traditions of the people in which it functions and is implemented; it is closely interconnected with the collective memory, religion, worldview characteristics of the people, etc. At the same time, the cultural factors of the formation and development of the legal consciousness of the Crimean Tatar people are directly interconnected with the rights of this indigenous people of Ukraine, which are enshrined and guaranteed at the legislative level and include the fundamental, cultural, educational, linguistic and informational rights of the Crimean Tatars, as well as their right to sustainable development.

The author substantiates the opinion that the rights of the Crimean Tatars are directly interconnected with the legal consciousness of this people, because the norms of the Law of Ukraine «On the Indigenous Peoples of Ukraine» provide the Crimean Tatars with the opportunity to know and realize their rights, as well as the opportunities that this Law guarantees them for their practical implementation. After all, if the state guarantees the relevant rights to indigenous peoples at the legislative level, they will more actively carry out activities aimed at developing their cultural, including law traditions.

As a result of research the following conclusions are made:

  1. The legal consciousness of the Crimean Tatar people includes a system of ideas, knowledge, beliefs, feelings and other intellectual and psychological characteristics of the Crimean Tatars, which determine their attitude to law and related phenomena and processes, as well as their own place in Ukrainian society and the national legal system of Ukraine. At the same time, historically, the legal consciousness of the Crimean Tatar people was formed and developed under the influence of certain cultural and historical factors, some of which negatively affected its level, causing corresponding deformations of its condition.
  2. There is a fundamental relationship between the legal consciousness of the Crimean Tatars and their rights as one of the indigenous peoples of Ukraine, because the effective implementation of the rights guaranteed to them is a guarantee of increasing the level of their legal consciousness and overcoming its corresponding deformations, caused primarily by well-known tragic historical events. That is why, the Crimean Tatar people in the modern realities of the development of the legal system of Ukraine, on the one hand, must receive more information and knowledge about their rights and mechanisms for their implementation, and on the other hand, effectively implement them in practice.
  3. Promising directions for the development of the legal consciousness of Crimean Tatars should be recognized, first of all, the development and implementation of educational, cultural, environmental and other programs for their development in Ukraine, as well as strengthening their representation in state and local government bodies, which will give them the opportunity not only to protect their rights, but also to actively influence the formation of the political and legal environment in Ukraine.

Key words: legal consciousness, indigenous peoples of Ukraine, rights of indigenous peoples, cultural factors of legal consciousness, historical factors of legal consciousness..

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