REALIZATION OF THE PRINCIPLE OF THE LANGUAGE OF LEGAL PROCEEDINGS UNDER THE CODE OF CRIMINAL PROCEDURE OF THE KYRGYZ REPUBLIC AND THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION

  • A.A. Sartbayeva
    • Udmurt State University
  • Fatima Farkhad Askerova
    • Udmurt State University
Keywords: language of legal proceedings, criminal trial, translator, official language, state language, legal proceedings language proficiency, judicial proceedings, right, principle

Abstract

In the course of criminal proceedings in the multinational state there arise questions connected with providing the person with the right to use the native language or language which the person knows. In the states of the former USSR, issues of implementation of the principle of the language of criminal proceedings are regulated differently, resulting in the need for identification of the existing problems and the search for ways of solving them. The Code of Criminal Procedure of the Russian Federation and the Code of Criminal Procedure of the Kyrgyz Republic contains, among others, the principle of the language of legal proceedings, however, the Code of Criminal Procedure of KR provides for criminal proceedings in the state or official language, and the Code of Criminal Procedure of the Russian Federation provides for legal proceedings in the state language or in the state language of the subject, thus the legal proceedings in Kirghizia can be conducted only in the Kyrgyz or Russian languages irrespective of what language the majority of the population of this area speaks, and in Russia the legal proceedings can be conducted in many languages, depending on what language is acknowledged as the state language in the federal subject concerned. The legislator variously regulates the list of the rights of participants in the process relating to the right to use the native language. The need of settlement of problems concerning the implementation of the principle of the language of legal proceedings, and of demands made on the translator in the criminal trial is proved.

References

Received 2016-05-22
Published 2016-11-25
Section
Jurisprudence
Pages
149-152