Külügyi Szemle - A Teleki László Intézet Külpolitikai Tanulmányok Központja folyóirata - 2003 (2. évfolyam)

2003 / 3. szám - EURÓPA - Sáfi Csaba: A Few Words on the Federal Law on State policy of the Russian Federation with regard to Fellow Countrymen Abroad

Csaba Sáfi The lack of a central organ responsible for the implementation of the law and unresolved questions of sphere of authority The fulfilment of the goals defined in the law - since they concern several fields at the same time - may also be negatively influenced by the lack of a central administrative organ dealing with fellow countrymen. All that the law disposes about is that the main direction of state policy with regard to fellow countrymen - in compliance with the Constitution and the present law - is defined by the president of the RF (Article 14). Moreover, it separates the spheres of authority realised at the federal and the legal entity levels (Articles 19 and 20). At the same time, the Ministry' of Foreign Affairs of the RF is not mentioned in the law despite the fact that the issuing of the documents on one's belonging among the fellow countrymen abroad (which takes place on the basis of documents and certificates put at their disposal) falls within the scope of duties of Russian diplomatic and consular representations.20 This is the task of the Ministry of Internal Affairs within the borders of the RF. (Article 3). The comprehensive nature of the fields to be assisted The comprehensive list of fields to be assisted with regard to fellow countrymen is included in the above-mentioned Articles 15 through 18. These articles enumerate the fields to be assisted without naming or referring to the organ responsible for the implementation. Lack of implementation mechanisms and other deficiencies and remarks The success of the implementation of the federal law on fellow countrymen may also be spoiled by the lack of mechanisms that would help its implementation. For, according to the law, state assistance and help to be granted to fellow countrymen - based on generally accepted norms an principles of international law, and considering the international treaties and laws of the RF, moreover the laws of foreign countries on the safeguarding of human and civil rights and basic freedoms - are also mentioned among the goals of the state policy concerning fellow countrymen. Accordingly, the law supports (Article 5): • the free manifestation, conservation, and promotion of the (national) distinctive feature, and the assistance and development of intellectual potential; 46 Külügyi Szemle

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