On the Issue of Involving an Interpreter in Conducting Procedural Actions with the Participation of Foreign Citizens: Questions of Theory and Practice
( Pp. 109-113)

More about authors
Kupryashina Elena Aleksandrovna Cand.Sci.(Law), Associate Professor, Head of the Department of Criminal Law and Procedure of the Law Institute
National Research University "BelSU"
Belgorod, Russia Cherkasova Elena Anatolyevna Cand.Sci.(Law), Associate Professor of the Department of Administrative and Criminal Law, Candidate of Law
Belgorod University of Cooperation, Economics and Law
Belgorod, Russia Rudov Denis Nikolaevich Cand.Sci.(Law), Associate Professor, Deputy Head of the Department of Criminal Procedure
Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin
Belgorod, Russia
Abstract:
In this article, the authors touch upon a number of problematic issues of attracting an interpreter to participate in the proceedings involving foreign citizens. The issues of ensuring the rights of participants in criminal proceedings who do not speak the language of criminal proceedings are considered. The authors in the scientific article analyze both typical situations of the translator's participation in the production of procedural actions, and non-standard situations of the translator's participation in the translation of procedural documents in a limited amount of time. The sufficiency of the translator's existing rights at the pre-trial stages of criminal proceedings is noted, while a brief analysis of a number of provisions of the Code of Criminal Procedure of the Russian Federation individualizing certain rights and obligations of the specified participant in criminal proceedings is carried out. It should be noted that the authors' collective considers the rights of the translator, including from the point of view of evidentiary law, noting the contradictions of a number of articles of the Code of Criminal Procedure of the Russian Federation regarding the receipt by the investigator (inquirer) of evidence with the participation of the translator in the production of investigative (procedural actions). Also, one of the problems considered by the authors is the difficulty of attracting an interpreter when conducting procedural actions in small settlements, when carrying out actions with foreign citizens who speak rare dialects of languages. This problem is caused by the fact that it is not always possible to attract an interpreter with the necessary skills and abilities to translate (including procedural documents) within the terms specified in the Code of Criminal Procedure of the Russian Federation. The solution to this problem is possible if changes are made to the current structure of the Code of Criminal Procedure of the Russian Federation in terms of supplementing it with norms on the possibility of technical translation of both the testimony of participating persons and the texts of procedural documents. An approximate legal mechanism for the implementation of this activity is given, taking into account the norms of the current Code of Criminal Procedure of the Russian Federation. The purpose of the study is to study the problems of attracting an interpreter to participate in pre-trial proceedings in a criminal case. The conclusions given in the study are the formulated provisions and the proposed regulation of Article 59 of the Code of Criminal Procedure of the Russian Federation, with the wording of the said article in the authors' own vision.
How to Cite:
Kupryashina E.A., Cherkasova E.A., Rudov D.N., (2022), ON THE ISSUE OF INVOLVING AN INTERPRETER IN CONDUCTING PROCEDURAL ACTIONS WITH THE PARTICIPATION OF FOREIGN CITIZENS: QUESTIONS OF THEORY AND PRACTICE. Gaps in Russian Legislation, 1 => 109-113.
Reference list:
Bogatkina R.Sh. Criminal procedural features of the production of certain investigative actions with the participation of foreign citizens and stateless persons / R.Sh. Bogatkin. // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. - 2016. - No. 2 (24). - S. 79-82. - Text: direct.
Materials provided by the Investigation Department of the Russian MIA Administration for the Belgorod Region.
Pimonov B.V. Ensuring the right of the suspect (accused) to use the assistance of an interpreter / B.V. Pimonov. // Legal Science and Law Enforcement Agencies. - 2018. - No. 1 (43). - S. 31-38. - Text: direct.
Eliseeva D.S. Procedural procedure for involving an interpreter in criminal proceedings / D.S. Eliseeva. // Modern research and development. - 2018. - No. 10 (27). - S.333-335. - Text: direct.
Firsova A., Jafarkuliev M. The work of translators in legal proceedings-organizational base / ed. A. Frisov. Socialist legality. - 1972. - No. 2. - S. 60-61. - Text: direct.
Bunova I.I. Incompetence of the translator as the basis for his removal from participation in criminal proceedings / I.I. Bunova. // Society and law. - 2010. - No. 3. - S. 205-208. - Text: direct.
Keywords:
translator, enforcement of rights, foreign citizen, a person who does not speak the language of criminal proceedings, the language of criminal proceedings, translation.


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