Конституційно-правовий вимір захисту угорської національної меншини в Україні: баланс права і політики

In the context of the constitutional development of modern Ukraine, the issue of protecting the linguistic and cultural identity of national minorities remains highly relevant. This article explores the relationship between constitutional rights of individuals and citizens and the dynamics of legal and regulatory changes using the example of the Hungarian national minority in Transcarpathia. Special attention is devoted to the examination of mechanisms for the realisation of these rights in the context of the Constitution of Ukraine and the state’s international legal obligations concerning the protection of national minority rights, notably those enshrined in the Council of Europe’s Framework Convention for the Protection of National Minorities.The article examines the legal nature and scope of guarantees regarding the use of the native language, access to education in the native language, and the exercise of cultural activities. Particular emphasis is placed on analyzing the current challenges that arise in the implementation of these rights amid legislative changes, socio-political transformations, and the strengthening of the state’s language policy. Within the context of Articles 10, 11, 22, 24, and 53 of the Constitution of Ukraine, the article considers the constitutional foundations of language equality, non-discrimination, cultural diversity, and educational autonomy. It is emphasized that effective implementation of these provisions is a necessary condition for ensuring the integrity of the constitutional order, maintaining social dialogue, and reinforcing the principles of the rule of law. A separate aspect of the study is the assessment of the impact of administrative and legal decisions on the functioning of educational institutions that use minority languages, as well as the accessibility of cultural services in areas of compact settlement of national communities. The potential of institutional dialogue between state authorities, minority representatives, and international bodies is considered in the context of achieving a balanced language policy. The article proposes theoretically grounded approaches to improving regulatory frameworks in the field of interethnic relations, aligning them with European standards and contributing to the preservation of constitutional pluralism. The author concludes that the protection of national minority rights in Ukraine is not merely a matter of legal obligation, but also a vital element in fostering a democratic legal culture, ensuring regional stability, and promoting social cohesion in the context of modern nation-building.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-08-30
Primary Topic
Geochemistry and Geologic Mapping
Type
article
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article

Конституційно-правовий вимір захисту угорської національної меншини в Україні: баланс права і політики

Scientific periodicals of Ukraine
Geochemistry and Geologic Mapping
article

Конституційно-правовий вимір захисту угорської національної меншини в Україні: баланс права і політики

article en

Abstract

In the context of the constitutional development of modern Ukraine, the issue of protecting the linguistic and cultural identity of national minorities remains highly relevant. This article explores the relationship between constitutional rights of individuals and citizens and the dynamics of legal and regulatory changes using the example of the Hungarian national minority in Transcarpathia. Special attention is devoted to the examination of mechanisms for the realisation of these rights in the context of the Constitution of Ukraine and the state’s international legal obligations concerning the protection of national minority rights, notably those enshrined in the Council of Europe’s Framework Convention for the Protection of National Minorities.The article examines the legal nature and scope of guarantees regarding the use of the native language, access to education in the native language, and the exercise of cultural activities. Particular emphasis is placed on analyzing the current challenges that arise in the implementation of these rights amid legislative changes, socio-political transformations, and the strengthening of the state’s language policy. Within the context of Articles 10, 11, 22, 24, and 53 of the Constitution of Ukraine, the article considers the constitutional foundations of language equality, non-discrimination, cultural diversity, and educational autonomy. It is emphasized that effective implementation of these provisions is a necessary condition for ensuring the integrity of the constitutional order, maintaining social dialogue, and reinforcing the principles of the rule of law. A separate aspect of the study is the assessment of the impact of administrative and legal decisions on the functioning of educational institutions that use minority languages, as well as the accessibility of cultural services in areas of compact settlement of national communities. The potential of institutional dialogue between state authorities, minority representatives, and international bodies is considered in the context of achieving a balanced language policy. The article proposes theoretically grounded approaches to improving regulatory frameworks in the field of interethnic relations, aligning them with European standards and contributing to the preservation of constitutional pluralism. The author concludes that the protection of national minority rights in Ukraine is not merely a matter of legal obligation, but also a vital element in fostering a democratic legal culture, ensuring regional stability, and promoting social cohesion in the context of modern nation-building.

Scientific periodicals of Ukraine
Human Growth Foundation (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 57%
Geochemistry and Geologic Mapping
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