Procedural problems of determining the level of proficiency in the language of legal proceedings by participants in the process

Р.А. Адильмуратова

2023

Full text Open access: Gold Metadata (CSL-JSON)
DOI 10.32523/2616-6844-2023-145-4-110-118
Data confidence 70 medium
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Abstract

The problems of determining the level of proficiency in the language of legal proceedings by participants in the trial are highlighted. This is a critical aspect of the fairness and effectiveness of the legal system. Failure to understand the language of legal proceedings leads to a violation of the rights of a participant in the process. The article is devoted to the analysis of issues related to ensuring compliance with the principle of the language of legal proceedings in criminal proceedings. The analysis is based on the study of legislation, scientific material, judicial acts of the Republic of Kazakhstan, documents of law enforcement practice regulating the participation of an interpreter in the process of criminal proceedings. The article establishes criteria that determine the degree to which participants have perfect or insufficient proficiency in the language of legal proceedings. Issues of using legal vocabulary, correct understanding of legal norms and legal documents, using legal style, and others are considered. Fluency in the language of a person participating in a trial does not guarantee a complete understanding of legal terminology. Therefore, in the pre-trial and judicial process, when preparing procedural documents, it turns out that the participants in the process do not fully speak the language of the proceedings, which leads to a significant difficulty in understanding the entire case. In order to avoid such problems, based on an analysis of research, a number of criteria are proposed by which insufficient proficiency in the language of legal proceedings can be determined by passing certain procedures and the degree of proficiency in the language of legal proceedings can be experimentally determined. At the same time, the need to take into account these criteria when assessing proficiency in the language of legal proceedings and the importance of attracting qualified translators to ensure correct understanding and effective participation of participants in legal proceedings is emphasized. Analyzing these issues is critical to ensuring that trials are handled fairly and legally from the perspective of the participants’ linguistic competence.