Information and Telecommunication Technologies in Ensuring the Right to Use the Native Language in the Digital Economy

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

Abstract

In all four forms of administration of justice (constitutional; civil; administrative; criminal proceedings) for participants in procedural relations, it is possible to: use the native language, as well as use the services of an interpreter. However, the practice of implementing the constitutional right to judicial protection in the context of “language guarantees” is sometimes unreasonably limited due to the infrastructural impossibility of representing a translator. This situation can be easily overcome in the information society, which is a society that provides broad functionality for participants in legal proceedings by creating infrastructural capabilities that can provide public services, since it is the state that can ensure strict observance of the guarantees established in Art. 2 of the Constitution of the Russian Federation by creating a digital infrastructure capable of quickly accessing translation from all languages of the world in all courts of the Russian Federation, regardless of the location of the court. This feature is currently not implemented. This article deals with the potential of the digital economy in resolving these infrastructure problems in order to ensure access to justice

Introduction

The lack of research on information technologies that can provide “language guarantees” in the administration of justice, the practice of introducing advanced technologies in ensuring the right to use the mother tongue in the judicial system create difficulties in making managerial decisions aimed at the growth and development of the use of information and communication technologies in the judiciary sphere. It seems that the creation of a concept, initially at the doctrinal level, aimed at developing methodological tools for diagnosing risks and prognostic development trends, in order to uncover the potential of information and telecommunication technologies in ensuring the implementation of the constitutional right to use the native language in litigation in the digital economy, is required. This will help to track the integration of individual electronic technologies in the judicial system of the Russian Federation. The study of the applied aspects of the implementation of information and telecommunication technologies in legal proceedings in the context of the digital economy seems very important from the point of view of creating “control points” for measuring the actual use of the capabilities of digital technologies so that they entail the achievement of a certain legal result for participants in procedural relations.

Conclusion

Within the framework of all forms of administration of justice, it is required to create elements of a digital infrastructure that can be quickly implemented: access to translation from all languages of the world in all courts of the Russian Federation, regardless of the location of the court; access to professional translation, which will be guaranteed once and for all, will solve the problem of the need for sworn translators. At the same time, the data in digital form will allow the court to promptly send inquiries and gain similar access to the result of the activity of the digital infrastructure element.

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