Ethnological expertise: formats and prospects of institutionalization in Russian law

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Abstract

The article is devoted to the essential and systemic features of the formats of ethnological expertise institutionalization in Russia: as a corporate expertise (private law) and state expertise (public law). The research material is the practice of organizing and legal regulation of ethnological expertise over the past two decades; approaches to understanding ethnological expertise that have developed in Russian anthropology and jurisprudence. It is proved that the choice of the institutionalization format, determines the procedure for conducting an examination and the consequences of its conduct. Corporate ethnological expertise is optional; its results do not have the form of a public legal document. Compensation for losses to the subjects of traditional nature management does not depend on the fact of conducting the expertise and is exclusively monetary in nature. Voluntarily adopted standards of social corporate responsibility assume the participation of business in promoting the development of indigenous peoples who are involved in this process in accordance with the principle of FPIC and forms of deliberative democracy. State ethnological expertise is mandatory, it is realized as a public service, the results of which have the form of a public legal document. Compensation measures are predetermined by the results of a comprehensive ethnological expertise and are not limited to the compensation for losses. The participation of indigenous peoples is guaranteed in the forms of participatory democracy.

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About the authors

Natalya A. Filippova

Surgut State University

Author for correspondence.
Email: filippova_na@surgu.ru
ORCID iD: 0000-0002-1643-8117

Doctor of Law, Professor of the Department of State and Municipal Law, Expert of the Russian Academy of Sciences

Russian Federation, Surgut

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