Принцип языка судопроизводства: содержание и гарантии

Abstract

The article deals both with the rules that govern the language suitable for criminal procedure in the Russian Federation, and with the set of procedural measures ensuring the right to a criminal proceeding of the party, which does not master or has insufficient knowledge of the language used during the criminal proceeding, to use their mother tongue or any other language that they have proficiency in, including their right to have a charge-free interpreter according to the established law. Author used abstract-logical, comparative-legal, formal-legal and historical methods. The article reveals the meaning of the rules for the language that is used in criminal procedure and accessible to any party in a sense of fulfillment of the criminal procedure tasks (article 6 of the Criminal Procedure Code of the Russian Federation) ensuring the right of the accused to a fair trial (article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms). There was an analysis of the statements deemed to provide the parties with the knowledge of criminal procedure language, the parties being authorized to make decisions at different levels of a criminal proceeding; in particular, the statutory requirements to master the language of criminal procedure for the applicants for the position of investigation officer, interrogation officer, prosecutor, judge, as well as for the applicants for the position of juror. There was a list of criteria based on which it is possible to say whether or not the party to a criminal proceeding masters the language used during the criminal proceeding to an extent sufficient for the protection of his or her rights. The article then deals with the statements deemed to provide for a charge-free interpreter and the extents which the written translation might have been applied to. Only the proceedings subject to be given to the corresponding party (not all the case materials) shall be translated into the language that this or that party to a criminal procedure has proficiency in.