Translator In The Constitutional Proceedings Of Ukraine, Lithuania And Germany: A Comparative Study

  • V.I. Rozvadovskyi
Keywords: Constitutional Court of Ukraine, legal proceedings, constitutional proceedings, participant in constitutional proceedings, translator, translator status, translator legal status.

Abstract

The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany.

According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law.

We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough.

Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like.

In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings.

Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.

Published
2019-08-06