ON THE LEGAL BOUNDARIES OF THE CONCEPT OF “NATIVE LANGUAGE” IN THE CONTEXT OF PROTECTING THE CONSTITUTIONAL RIGHTS AND GUARANTEES

Abstract

The article examines the legislative understanding of the native language, including its use in the Constitution, federal laws, and legislation of the subjects of the Russian Federation. An analysis of the concept of “native language” was conducted, both within linguistic science and beyond. Despite the frequent usage of the term “native language” in the Russian legislation, there is no clear understanding of what exactly the legislator means by this concept. The application of this term varies across regional legislations. The necessity to establish a legal definition for the concept of “native language” at the federal level is justified, along with approaches to its formation, drawing on both linguistic science achievements and the creation of a corresponding list of languages. Without a legal definition, the inconsistent use of the term “native language” does not contribute to protecting rights related to using and preserving the native language of an individual. Specific examples are provided to illustrate the challenges in applying legal norms that include the concept of “native language”. Presidential directives of the Russian Federation were also studied, which could help address these issues and improve legislation concerning the use of languages among Russia's peoples.