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Regional Decree No. 1025 “On territories of traditional nature management of small indigenous peoples of the North in the Nenets Autonomous Area.”

Country/Territory
Russian Federation
Territorial subdivision
Nenets
Document type
Regulation
Date
2001 (2019)
Source
FAO, FAOLEX
Subject
Land & soil, General
Keyword
Indigenous peoples Cultural heritage Traditional rights/customary rights Land tenure Expropriation Liability/compensation
Geographical area
Arctic, Asia and the Pacific, Black Sea, Caspian Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia, North Pacific, North-West Pacific
Abstract

This Regulation governs relations in the field of formation, use and protection of territories of traditional nature management of small indigenous peoples of the North in the Nenets Autonomous Area for their conduct in these territories of traditional nature management and traditional way of life in accordance with the Constitution of the Russian Federation, the Federal Law Federal Law No.49-FZ of 2001 on territories of traditional nature management of scanty indigenous populations of the North, Siberia and the Far East, other federal laws and other regulatory legal acts of the Russian Federation and the Nenets Autonomous Area. The legal regulation of these relations may be carried out by the customs of small indigenous peoples, if such customs do not contradict the legislation of the Russian Federation and the legislation of the Nenets Autonomous Area. This Regulation also regulates relations in the field of education, protection and use of territories of traditional nature management for the conduct of traditional nature management and traditional lifestyle in these territories by persons who do not belong to small indigenous peoples, but who permanently reside in the places of their traditional residence and traditional economic activities, conducting the same , as well as small indigenous peoples, traditional nature management and traditional way of life. Traditional nature management by the indigenous peoples of the North shall be intended historically established and sustainable nature management methods of using animal and plant species, land and other natural resources by small indigenous peoples of the North. Customs of small indigenous peoples of the North shall be intended traditionally established and widely used by small indigenous peoples of the North, the rules of traditional nature management (including traditional land use) and the traditional way of life. Formation of territories of traditional nature management of territorial significance is carried out by the adoption of a resolution by the administration of the Nenets Autonomous Area on the basis of applications from persons belonging to small indigenous peoples engaged in traditional nature management in the Nenets Autonomous Area, communities of small indigenous peoples registered in the Nenets Autonomous Area, as well as their authorized representatives. The application contains the following information and data: (a) information about the persons submitting the application; (b) information about the subjects of traditional nature management that will carry out traditional nature management, traditional economic activities and (or) reside in the territory being formed; (c) substantiation for the formation of the territory, including an indication that this territory is formed in the places of traditional residence and traditional economic activities of small indigenous peoples of the North in the Nenets Autonomous Area; (d) geographical coordinates, total area, description of the location and boundaries of the territory being formed; and (e) the main types of traditional nature management and traditional economic activities of small indigenous peoples of the North in the Nenets Autonomous Area, for the purpose of which the territory is formed. Land plots with a special regime of protection and use are not included in the territory of traditional nature management of territorial significance, namely: (a) forest fund land; (b) land of protected areas; (c) water fund land; (d) land of industry, energy, transport, communications, broadcasting, television, informatics, land for space activities, land for defense, security and land for other special purposes; and (e) land of settlements. The use of land plots within the boundaries of the territories of traditional nature management by persons belonging to small indigenous peoples and communities of small indigenous peoples (including the placement of objects, the determination of grazing routes for reindeer herds, etc.) is carried out in accordance with the customs and traditions of small indigenous peoples living on this territory, if this does not contradict the legislation of the Russian Federation and the Nenets Autonomous Area and does not violate the rights and legitimate interests of other persons. In the event of expropriation of land plots located within the boundaries of the territories of traditional nature management of territorial significance, for state or municipal needs, persons belonging to small indigenous peoples and communities of small indigenous peoples shall be compensated by the initiator of the withdrawal for the losses caused by such expropriation. Expropriation and allotment of land plots and other isolated natural objects located within the boundaries of the territories of traditional nature management of territorial significance for other needs is carried out in accordance with the law with prior notification, consultations and with the consent of persons belonging to small indigenous peoples, communities of small indigenous peoples or their authorized representatives, persons using the indicated territories of traditional nature management of territorial significance, subject to full compensation for losses by land users. Objects of historical and cultural heritage within the boundaries of the territories of traditional nature management of territorial significance (monuments of history and culture, places of worship, burial places of ancestors, sacred places and other objects of historical and cultural value) can only be used in accordance with their purpose.

Full text
Russian
Website
www.consultant.ru

References - Legislation

Implements

Federal Law No.49-FZ of 2001 on territories of traditional nature management of scanty indigenous populations of the North, Siberia and the Far East.

Legislation | Russian Federation | 2001

Keyword: Cultural heritage, Protected area, Community management, Indigenous peoples

Source: FAO, FAOLEX