Yearly journal of scientific articles ôPravova derzhavaö Volume 30 (2019),
Yavir V. A. Conceptual, political and legal principles of ethnocultural autonomy as a mechanism of counteraction to ethnopolitical disintegration of Ukraine
Ethnocultural autonomy is studied as the most effective institute for ensuring the rights of national minorities in the world, which does not mean disintegration risks for the territorial integrity of a polyethnic state. The comparative analysis of ethnocultural and ethnoterritorial forms of autonomy, the threats and the risks of the secession of the introduction of ethnoterritoČrial autonomy has been made, the expediency and advantages of using ethnocultural autonomy for redirecting ethnoterritorial requirements in ethnocultural in polyethnic states is indicated.
A comparative analysis of ethnoterritorial and ethnocultural forms of autonomy shows to the benefits of ethnocultural autonomy over ethnoterritorial. Ethnoterritorial autonomy can be an effective political and legal mechanism for the protection of national minorities in polyethČnic states, but allows to ensure their rights only in the case of compact residence with domiČnance in the historical territory (more than 50% of the population). Modern states with great caution give to a national minority ethnoterritorial autonomy, since such autonomies may endanger the territorial integrity and inviolability of the borders of the state. There are many examples in the world of how autonomy becomes a transitional stage in self-proclaiming its own statehood. This is indicated by the cases of Kosovo, Transnistria, Abkhazia, South Ossetia and, most importantly, the Autonomous Republic of Crimea.
The theoretical and conceptual history of the development and practical formation of ethČnocultural autonomy as a political and legal mechanism of ethnocultural selfdetermination of ethnic groups is traced. The experience of applying ethnocultural autonomy as a democratic institution of harmonization of interethnic interaction in the UPR has been studied. It was revealed that ethnocultural autonomy was the foundation of the Ukrainian state creation in 20 century and the need to use this experience to develop ethnocultural autonomy in modern Ukraine is pointed out.
The political and legal basis of the functioning of ethno-cultural autonomy in Ukraine is studied. The potential of the institute of ethnocultural autonomy for countering disintegraČtion tendencies, ethnoterritorial requirements of national minorities based on the support of neighboring states is demonstrated. Ethnocultural autonomy can be used to neutralize the ethnopolitical claims of Hungary in Transcarpathia as a political and legal response to the request of the Rusyn self-determination and an alternative to Crimean Tatar national-territoČrial autonomy.In polyethnic Ukraine, the largest national minorities (Russian, Hungarian, Romanian) are actively used by neighboring states to nourish disintegration tendencies. Thus the problem of creating the necessary political and legal conditions for the protection and development of national minorities is being activated. Taking into account the total lack of understanding of the essence of ethno-cultural autonomy in Ukrainian politics, its appointment as an extraterČritorial political and legal institute for the protection of the rights of national minorities, sucČcessfully applied by the states of the modern world, the false identification of ethnoterritorial and ethnocultural forms of autonomy, there is an urgent need to clarify these concepts.
Key words: ethnocultural autonomy, disintegration, national minorities.