FEATURES OF MODERN LEGAL REGULATION OF MULTICULTURALISM IN GERMANY: A VIEW FROM RUSSIA

• Main Author: V. A. Shestak
• Format: Article
• Language: English
• Published: MGIMO University Press 2019-11-01
• Series: Концепт: философия, религия, культура
• Subjects: multiculturalism; legal regulation; criminal liability; criminal law; globalization; discrimination; freedom of religion; citizenship; refugees; basic law; immigration; islamization; federal republic of germany
• Online Access: https://concept.mgimo.ru/jour/article/view/269
• ISSN: 2541-8831; 2619-0540

The author considers the peculiarities of the legal regulation of German multiculturalism. This problem seems to be particularly relevant due to the high rates of globalization that have recently affected the Federal Republic of Germany. This is due to the rapid islamization of the state and the immigration to Germany of various ethnic and religious groups, as well as the attempts of the latter to “protect themselves” from German society and live by their own rules, sometimes disregarding the laws of the host country. Interest in the topic being studied is also largely due to the desire of the state to overcome the Nazi past, the unresolved problems of the existence of ultra-right forces (parties and other organizations) aspiring to the local parliaments (landtags). Members of nationalist groups commit crimes, including on ethnic, national and religious grounds. The paper analyzes the theoretical approaches to the legal regulation of such a complex social phenomenon as multiculturalism. An attempt was made to consider the issues of legal consolidation of this phenomenon from diametrically opposite points of view. The individual causes of the collapse and failure of this policy and ideology in a number of modern European states are investigated. The research topic is revealed by the author from the position of not only doctrinal research, but also from the point of view of the settlement of the issue in international, constitutional and criminal law. The proposals were formulated on the need for a qualitative, global and targeted change in the legal regulation of multiculturalism in Germany, possible prospects for its further development, including for the purpose of criminal prosecution of perpetrators violating the rights, freedoms and legal interests of representatives of different ethnic and national groups and minorities.