Аборигенное право: предпосылки и особенности формирования в России
Native law: prerequisites and features of formation in Russia

Summary/Abstract: The author researches into the process of consolidation of a special segment within the system of law and the legislation of Russia – the native law and legislation; characteristic of its contents and structure as independent element of a national law system is offered, the prospects of codification of the indigenous ethnic groups legislation in Subjects of the Russian Federation are evaluated. Decentralization of powers in the sphere of ensuring the rights of indigenous ethnic groups is considered as an independent factor of consolidation of the native law in the Russian federal state. Axiological bases of the native law in Russia are designated, its national peculiarities are revealed: the formation of native law in the context of the federal relations; preservation of a distance between the national and international native law; contradictory legislative definition of communities as subjects of the native law and contradictory criteria of personal belonging to such communities. The author insists that development of legal systems in the modern states incorporating indigenous people includes two processes: globalization of the native right (or rapprochement of norms of the international and national native law) and fragmentary constitutionalization of usual (traditional) law and order.

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