Implementation of the Constitutional Law on Judicial Protection

Author Name(s): Damir Kh. Valeev, Anas G. Nuriev, Rafael V. Shakirjanov
Author Email: valeev55@gmail.com

Abstract

In the presented article, the issue of the importance of translations in the implementation of language guarantees in civil procedural relations and the role of the translator in providing these guarantees is considered. As a result of the study, it was found that the translation in civil procedural relations is considered to be the activity of a special subject – a translator. During the trial, the specified entity is given a special procedural status due to the fluency in the language of the proceedings and the language whose knowledge is necessary for translation. An analysis of the legislative provisions formulated in the civil procedural legislation, and in case of their absence, by analogy of the law borrowed from other procedural sources, allows us to identify two criteria that a translation must meet as a result of the activities of an interpreter, which can be laid in the basis of the motivational part of the court decision. The study of the meaning of translation in civil matters has an important social point of view in terms of the implementation of the constitutional right to use the native language.

Introduction

Legislative consolidation of “language guarantees” is provided by the Constitution of the Russian Federation [1]. In particular, part 2 of Article 26 of the Constitution of the Russian Federation determines that everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity. This provision is specified in industry legislation governing the administration of justice. So, according to Part 2 of Art. 9 Code of Civil Procedure of the Russian Federation [2] to persons participating in the case and not knowing the language of the civil proceedings, the right to explain, conclude, make statements, petitions, file complaints in their native language or in any freely chosen language of communication is explained and secured also use the services of a translator. The legislator recognizes violations in the language sphere as violations of the fundamental principles of legal proceedings and in accordance with paragraph 3 of part 4 of Art. 330 Code of Civil Procedure of the Russian Federation are an unconditional basis for the cancellation of the decision of the court of first instance and the transition to consideration of the case according to the rules of the court of first instance without taking into account the particularities of the appeal proceedings.

Conclusion

Based on the study, it was found that the translation in civil procedural relations is considered to be the activity of a special subject – a translator. During the trial, the specified entity is given a special procedural status due to the fluency in the language of the proceedings and the language whose knowledge is necessary for translation. An analysis of the legislative provisions formulated in the civil procedural law allows us to identify the criteria that a translation must meet as a result of the activities of the translator, which can be laid in the basis of the motivational part of the court decision.

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