Official Interpretation Research Articles

The music mainstream in communism revisited: a corpus analysis of Czechoslovak pop lyrics (1962–1991)

ABSTRACT This article presents a content analysis of Czechoslovak pop lyrics based on a survey of a representative corpus of the repertoire from 1962 to 1991 containing 271 commercially successful vocal–instrumental songs. Its aim is to capture the thematic development of song lyrics on a defined timeline with regard to the broader cultural and political context, especially in relation to political developments in Czechoslovakia after the occupation by Warsaw Pact troops in August 1968 and the subsequent phase of so-called “normalization”. In this sense, the article examines the concept of “normalization pop”, which appeared in Czech journalism immediately after the collapse of the communist regime and which gradually became part of the official interpretation of Czechoslovak popular music history. According to this view, the pop of the 1970s and 1980s, especially through its lyrics, fulfilled a primary propaganda function, thus fundamentally distinguishing itself from the authentic output of the previous decade. The article explores the extent to which such an interpretation corresponds to the real nature of pop of the period, and to what extent it is merely a construct of anti-communist tendencies seeking a vigorous rejection of the pre-1989 era and its official culture.

К вопросу о творческом и механическом видах официального толкования норм права

Introduction: the official interpretation of the norms of law occupies an important place in the mechanism of legal regulation. Despite this, its system is not fully understood today. One of the elements of the system of the official interpretation of the norms of law is its individual varieties, the ideas of which can be developed and improved today. Purpose: to establish the truth in the issue of distinguishing creative and mechanical types as independent varieties of the official interpretation of the norms of law. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which are consistency, analysis, and comparativelegal, formal legal, historical. Results: the author’s position justified in the work is based on the need to develop ideas about the specific types of the official interpretation of the norms of law. This fact is confirmed by the conducted historical analysis, the high rate of development of public relations, speeches of state officials, as well as individual interpretative acts. Conclusions: as a result of the conducted research, it was found that depending on the possibility of semantic adaptation of the norms of law to the current legal situation in society, it is advisable to distinguish creative and mechanical varieties of the official interpretation of the norms of law. The motive for such a classification is the extremely rapid pace of development of public relations and the failure of the legislator to keep up with these changes. However, an essential condition for the viability of such a concept is the prohibition of the subject going beyond the semantic meaning of the specific legal norms.

Translating humorous literature from Vietnamese into Italian language: an empirical study of humour reception

The empirical study presented in this article aims to determine some of the linguistic and cultural elements that can influence the production process and the reception of humour and to verify the applicability of the General Theory of Verbal Humor (GTVH) to humorous literary translation. 60 Vietnamese and 60 Italian participants had to read and rate the level of humorousness of excerpts taken from the Vietnamese novel Số Đỏ (Vũ Trọng Phụng, 1936) and its correspondent Italian translation (Il gioco indiscreto di Xuan, 2012). By comparing their feedback, it was possible to observe that one is more likely to appreciate humour when one is not part of the categories subject to ridicule/irony/satire; and that a direct contact with the original language and culture constitutes an important role in humour understanding and appreciating. Also, a comparison between the rating that the Italian participants assigned to the official Italian translation and an alternative version allowed us to analyze the role of Language Knowledge Resource (GTVH). According to the Italian participants, although the two versions of the translation, which share the first five levels of Knowledge Resources, were remarkably similar (as predicted by the GTVH), they were dissimilar in terms of humour and in readers' preferences. I therefore argue that, although the GTVH is a useful tool for analyzing and verifying the similarity between the source and target text, it has proved to be impractical and not always reliable if we want to use it as a parameter of the translation of literary humorous texts.

The Practice of International Bodies on the Problems of Using Genetic Medical Technologies: Classification, Overviews of the Legal Cases

The purpose of this paper is to attempt to classify the practice of international bodies that is significant for understanding the legal features of the use of genetic technologies as well as to provide a brief overview of some of the ECtHR cases that are key to identifying the general trends in human rights protection in the use of genetic technologies. The author provides an analysis of the ECtHR cases, which reveal some aspects of informed consent in medical activities and also addresses the more specific issue of prenatal genetic testing. The conclusion is drawn that it is advisable to classify cases of international bodies on the application of genetic technologies into two main categories: cases concerning particular issues of the application of genetic technologies and cases containing fundamental legal positions on the application of medical technologies, including genetic ones. It is necessary to consider both categories of cases in order to clarify the official interpretation of international norms and principles for the protection of human rights in the area at issue. For example, the analysis of practice in a broad category of medical cases provides insight into how the ECtHR discusses the principle of informed consent through the interpretation of the right to privacy enshrined in article 8 of the ECHR. However, a narrow focus on cases directly arising from the application of genetic technologies allows the inference of general requirements for legal regulation and human rights in subject areas such as genetic testing.

Renarrating the “western territories:” training programs for college students in China’s Far West

Abstract This paper shows how history is rewritten in China by shaping the memories of its youth, who create new communities by sharing and renarrating new memories. They can become a powerful channel to convey an official interpretation of local histories to a larger public, by marginalizing and appropriating local narratives. The idea behind the program for voluntary narrators under analysis “Explaining Dunhuang – 2019 University students’ summer programme to become voluntary narrator at Mogao grottoes”. The original name of the program in Chinese is Jieshuo Dunhuang – 2019 Mogao ku gaoxiao shuqi zhiyuan jiangjieyuan 解说敦煌·2019莫高窟高校暑期志愿讲解员. is to shape memories of China’s young and wealthy students about a place, by transforming its rich cross-cultural fundamentals, symbolic and inner meanings, into a representation of the Nation, able to convey powerful declinations of official narratives on the history of China. The analysis is conducted in consideration of the larger context of the construction and transmission of the official discourse on national identity in contemporary PRC. Specifically, the author provides evidence of how young Chinese internalize and disseminate the party line on Chineseness, and the subordinate role assigned within this process to “minorities.” Minorities are seen both as a threat and an opportunity: a threat to the Party and social cohesion as carriers of diverse identities, an opportunity for contrasting Chineseness with the Other, a backward entity, inadequate and unable to embrace—if not help—the path to modernity.

Psychological distress of young carers: A questionnaire survey among Saitama prefectural high school students

Objectives Research suggests that Japan has a substantial number of young carers-that is, children who provide care to their family members. However, little is known about the effects of the burden of caring on their mental health. This cross-sectional study was conducted to investigate the relationship between caring roles and psychological distress among high school students, and discuss the effects of the burden of caring on young carers' mental health.Methods We conducted a questionnaire survey among 4,550 high school students from 11 prefectural schools in Saitama Prefecture, Japan; questions were on family members and students' caring roles. Psychological distress was assessed using the Kessler 6 scale (K6)-a modified version of the scale's official Japanese translation was used to make it easy for the students to understand the questions. Two types of regression analysis (i.e., multiple regression analysis and ordinal logistic regression analysis) were performed to investigate the relationship between caring roles and psychological distress with adjustment for potential confounding factors.Results A total of 3,917 valid questionnaires were collected; from these, 3,557, from those aged 15-25, having all the required information were analyzed. Of the 3,557 respondents, 23 (0.6%) were aged 19 and five (0.1%) were aged 20 or above. It was found that 34 (1.0%) provided care to infant siblings without disability, illness, or other special needs (Young Carers A), and 190 (5.3%) provided care to family members with disability, illness, or other special needs (Young Carers B). The remaining 3,333 (93.7%) (those who did not provide care to their family members) made up the control group. The two types of regression analysis yielded similar results, and both indicated a significant relationship between caring roles and psychological distress (P=0.003 and P<0.001, respectively). The results of ordinal logistic regression analysis revealed that the odds ratio for psychological distress as assessed by the K6 for Young Carers B was 1.572, which was significantly higher than that for the control group (P<0.001); in contrast, the same for Young Carers A was 1.666, which was not statistically significant (P=0.084) but higher than that for the control group and close to the one for Young Carers B.Conclusion The results suggest that care burden may have adverse effects on young carers' mental health.

Geheimnis und Verborgenes im Mittelalter: Funktion, Wirkung, und Spannungsfelder von okkultem Wissen, verborgenen Räumen und magischen Gegenständen

Geheimnis und Verborgenes im Mittelalter: Funktion, Wirkung, und Spannungsfelder von okkultem Wissen, verborgenen Räumen und magischen Gegenständen

Basic principles of emergency of the system of protection of property rights of the Ukrainian people to land and its natural resources

The article reveals the requirements for immediate institutionalization of the current land norms of the Constitution of Ukraine as carried out over thirty years the so-called «land and agrarian reform» in Ukraine does not correspond to the declared land transactions, which aim at the development and real economic and legal strengthening of Ukrainian statehood. The aim of the article is to substantiate the basic principles of emergence of the system of property rights of the Ukrainian people to land and its natural resources in the accomplishment of land reform in New Ukraine as a new paradigm that develops at the highest quantum level understanding of the synergetic role legitimate interests of all citizens of Ukraine. The fundamental differences between the land norms of the Constitution of Ukraine (Articles 13, 14) and the Constitution of the Russian Federation (Articles 9) are revealed. It has been established that in the current hybrid environment of degradation and opposition to the development of the state by the unconstitutional corruption system, there is a need to unblock the resistance — in a constitutional way, by providing an immediate and fair official interpretation of the current constitutional land norms by the Constitutional Court of Ukraine. It was found that due to the absence of a constitutionally declared special Law of Ukraine «On the Right to Use Natural Objects of Property Rights of the Ukrainian People» for a quarter of a century, the rights of their owner (all citizens of Ukraine) are violated and the unauthorized use of the nation’s capital occurs. As a result, the rights, duties and responsibilities of users of natural objects are not standardized, as well as full-fledged requirements for their rational use and protection on a paid basis in accordance with established regulations. The necessity of urgent introduction of land reform to date is proved — in the current constitutional field of Ukraine, ensuring the institutionalization of constitutional norms regarding the land and its natural resources as natural objects of the property rights of the Ukrainian people and the main national wealth, which is under special protection of the state. It is proposed to adopt a number of relevant laws and regulations.

The rule of law principle in the practice of the ECtHR and national courts

The study aims to reveal the constituent elements of the rule of law (RL), highlighted by the case law of the European Court of Human Rights and individual national courts. It also analyses the feasibility of implementing and consolidating such isolation as a way to overcome the declarative nature of the RL. The versatility of the meanings and content of this principle, its declarative nature of existence and consolidation gives rise to a number of issues, the absence of a solution to which is primarily manifested by the presence of negative consequences in practice, in particular, according to the generally recognized selection of the components of the principle of the RL (PRL), it is advisable and relevant to study official interpretations of the RL. The aim of the work is to identify some fundamental interpretations of the PRL to overcome its declarativeness. The methodological basis of the work consists of the following methods: dialectical, epistemological, functional, axiological, comparative legal method, method of system-structural analysis, method of generalization. The main conclusions are that the interpretation of the RL by the relevant judicial bodies reveals and consolidates the multifaceted content of this principle, but the lack of systematization of such interpretation’s risks creating complications in its practical application.

Amending Federal Regulations to Counteract Language Barriers in the Informed Consent Process

Amending Federal Regulations to Counteract Language Barriers in the Informed Consent Process

ЗАКОНОДАВЧЕ РЕГУЛЮВАННЯ ЗОВНІШНЬОЕКОНОМІЧНОЇ (МІЖНАРОДНОЇ) ДІЯЛЬНОСТІ

The article is devoted to the study of issues of legislative regulation of foreign economic (international) activities of economic entities in Ukraine. First, the legal nature of international transactions is examined, in particular, the essence of the concept of foreign economic activity is studied, it is noted that the main normative acts that regulate foreign economic (international) activity in Ukraine are the Economic Code of Ukraine and the law of the same name. Attention is paid to the main principles of regulation of foreign economic activity contained not only in the domestic regulatory framework but also in interstate or supranational agreements (treaties, conventions). Also, based on the analysis of the existing regulatory framework, the subject composition of foreign economic activity is analyzed. The authors pay special attention to types of foreign economic activity. In particular, it is emphasized that the legislation of Ukraine contains a fairly wide list of permitted types of international transactions, while the list of prohibited transactions is exhaustive. In the basic Law regulating foreign economic activity, there is no direct ban on the implementation of international (foreign economic) operations with the russian federation, the analysis of other existing legal frameworks revealed that the main list of prohibitions concerns only information activities, and an embargo is imposed on russian imports. That is, foreign economic activity with the russian federation and Belarus remains completely unregulated in the conditions of martial law and ongoing aggression, and the existing restrictions and prohibitions are scattered over a multitude of norms, acts, and treaties, or remain in the plane of moral and ethical relations. Also, the authors emphasize the potential conflict of the use of the latest editions of the INCOTERMS rules, since the analysis of the existing Ukrainian legislative framework revealed that it does not have an official translation, interpretation of specifics, or normalization of the practice of applying these rules by Ukrainian business entities.

Translating Cognitive and Linguistic Metaphors in Popular Science: A Case Study of Scientific Discoveries

Since the cognitive turn in metaphor studies in the late 1970s, metaphor has been seen as a cognitive phenomenon reflecting how we think, alongside its classic role as a powerful literary device. This ‘cognitive turn’ in metaphor studies makes it possible to investigate metaphor in two facets: the cognitive one and the linguistic one. In this tenet, the notion of metaphor features two intertwined parts: conceptual metaphors which resemble mental connections between different knowledge packets (e.g., LIFE IS A BOOK), and their linguistic manifestations known as metaphorical expressions or linguistic metaphors (e.g., They are starting a new chapter of their life). This opens a window for metaphor translation research, for it allows researchers to examine metaphor translation from the two complementary facets. Building on conceptual metaphor theory (Lakoff and Johnson 1980, 2003) and conceptual blending theory (Fauconnier and Turner 2002), our case study discusses the translation of cognitive and linguistic metaphors identified in source and target texts. Metaphorical expressions were handpicked from seven popular cosmological articles published in Scientific American between 2017 and 2018, and their official Chinese translations published in Huanqiukexue (‘global science,’ Beijing) and Kexueren (‘science person,’ Taipei). The findings lend support to the joint application of two metaphor theories to descriptive translation studies, for it not only facilitates the analysis of translation examples but also enhances the feasibility of comparing metaphor translation research across languages pinned by metaphor parameters waiting to be explored.

ПРОБЛЕМА ПЕРЕДАЧИ СОДЕРЖАНИЯ ПСИХОЛИНГВИСТИЧЕСКИХ ТЕРМИНОВ ИЗ КАТЕГОРИИ «СМЫСЛ» ПРИ ПЕРЕВОДЕ (на материале трудов Т.В. Ахутиной (Рябовой))

This article considers the major problems that arise when the key terms used in psycho- and neurolinguistics are interpreted and translated into a foreign language. The diversity and ambiguity of psycho- and neurolinguistic terms can create difficulties in, for example, the translation of the works of famous Russian psycholinguists. Here the fragments of the official translations of T.V. Akhutina’s works that cover the Leontiev–Akhutina concepts going back to L.S. Vygotsky’s ideas are discussed. These works focus is on the terms smysl (‘sense’) and znachenie (‘meaning’), both of which cause substantial problems for translation. To define how the authors understand them and create an adequate translation, the theory explained in the works must be studied thoroughly and carefully. The analysis of contextual usages reveals the corresponding and controversial variants of these terms in English that occurred as a result of their translation.

«Новая жизнь» Данте в русских переводах

The author of the article conducts a comparative review of three translations of Dante’s The New Life (Vita Nova). Translations by M.I. Liverovskaya (1918), A.M. Efros (1934) and I.N. Golenishchev-Kutuzov (1968) were made in different historical periods by representatives of different translation schools, but at the same time they turn out to be paradoxically close to each other in terms of freedom and accuracy, as well as in terms of basic translation principles. Liverovskaya works in the paradigm of her time, and Efros, maintaining the basic principles of the “literalist” program in the prose parts, in the poetic parts returns to the experiences of his translation debuts, i. e. to the Silver Age. Golenishchev-Kutuzov, although he belongs to the next generation by birth, did not survive the generational breakdown, since he spent a significant part of his life in emigration. He returned to the USSR in the mid-1950s, in the era of the already absolute monopoly of the so-called “creative” translation school: his New Life is a kind of combination of official translation and the traditions of “Balmont’s” translation.

Reflection of the juridical and moral worldviews in modern Catholic and Orthodox translations of the New Testament

The article analyzes the objectivity of the antithesis West-East, formulated in the Russian theology of the 19th century, in particular, in the dissertation of Archimandrite Sergius (Stragorodsky) “Orthodox Teaching on Salvation”, 1895. The analysis is based on a comparative research of modern official translations of the Gospel of Luke in the Catholic and Orthodox traditions. Well-recognized critics of Archimandrite Sergius agree that the opposition of the West and Russia through the prism of juridical and moral worldviews is “not so unambiguous” and therefore could not be a reliable basis for the “Orthodox doctrine of salvation”. It is argued that the thesis about the difference between the two worldviews had an artificial origin, since it was dictated by the desire of the early Slavophiles and their followers to create in Russia its own theological system, totally different from the Western one. The importance of the topic is due to its direct relation to the dogma of salvation, which is the main goal of the Christian doctrine.

An Analysis of the Chinese Translation of the Health Article Bladder Control Check-Up from the Perspective of Dynamic Equivalence

In this paper, three excerpts from the Chinese translation of the English article Bladder Control Check-Up are examined and criticized based on the theory of dynamic equivalence. Three levels, namely lexical level, syntactic level, and textual level are introduced respectively to support the analysis of the translated text. After the analysis of the translation, an experimental survey is carried out to test the acceptability of the original translation and the translation processed under the concept of dynamic equivalence. It is envisaged that the analysis of translation issues with dynamic equivalence could raise the awareness of improving the quality of official translation for public health purposes.

Висвітлення бойових дій Другої Світової війни на території України у збірнику «Русский архив: Великая Отечественная»

Висвітлення бойових дій Другої Світової війни на території України у збірнику «Русский архив: Великая Отечественная»

Китай накануне 20-го съезда КПК

In the last quarter of 2021, a number of important events that consolidated the previously outlined trends in China’s development took place but with new significant nuances. In early November, the 6th plenary session of the 19th CPC Central Committee was held in Beijing, at which, in the official interpretation of the Communist Party of China, the “third historic resolution” was adopted. In fact, it formalized Xi Jinping’s monopoly on political power on the eve of the 20th CPC Congress scheduled for autumn 2022, at which Xi is planned to be re-elected as the CPC General Secretary for a third term. In mid-November, an online Summit of Xi and Joe Biden took place, confirming the current course of both sides to develop relations with a “new bipolarity in the context of globalization” emerging around the Sino-American confrontation. In December, the white paper titled “China: Democracy That Works” was published in Beijing. In parallel with the increasing intensity and scale of China’s propaganda and diplomatic offensive, it revealed a new detail in Beijing’s approaches to bipolar confrontation with the United States – namely, the inclusion of the topic of “democracy” and “value orientations” of world development in the sphere of confrontation. New peculiarities have emerged in the economy. At the December economic meeting of the CPC Central Committee, the views of the Chinese leadership on the country’s near economic future were presented to the public much more cautiously than before. In Chinese foreign policy propaganda, the role of China’s main partner in the fight against American hegemony, through which Beijing seeks to strengthen the “Chinese pole” of the “new bipolarity”, is assigned to Russia. In addition to the growing volumes of economic and military cooperation and political interaction, Beijing counts on Moscow’s support in matters significant for active Chinese diplomacy in promoting Chinese ideas of democracy and the “Community of Common Destiny for Mankind” theory as the most important universal reference point in the world ideological and political space.

«Пражская весна» или «цветная революция»? (Эволюция официальной оценки чехословацких событий 1968 г.)

Aim. The purpose of this work is to analyze the evolution of the official assessment of the events that took place in Czechoslovakia in 1968.Methodology. The article examines the changes in the official interpretation of the 1968 Czechoslovak events that took place in the Soviet Union/Russia, Czechoslovakia (Czech Republic and Slovakia), as well as their assessment in the United States. While carrying out the research, the methods of analysis, synthesis, the historical method and the method of comparative analysis were used.Results. In the course of the study, it was discovered that the evolution of the official assessment of the Czechoslovak events in 1968 was influenced by a number of objective and subjective factors. The official (political) assessment does not always take into account the specific historical situation of those events and addresses them from the standpoint of the present day, i.e., it is often opportunistic in nature.Research implications. The research results contribute to the theory and practice of the formation of an official assessment of historical events, allows to identify objective and subjective factors that influence the formation of this assessment.

Protecting the legitimate expectations of the taxpayer in the context of the operation and application of anti-avoidance rules: Balancing private and public interests

The article analyzes General and Special Anti-Avoidance Rules of national and international law. The authors investigate the correlation between General and Special Anti-Avoidance Rules established in Russian tax legislation, and also determine the place of judicial doctrines and official interpretations of legislative anti-avoidance rules in the mechanism of law enforcement. Given the multiplicity of legal prescriptions, judicial positions and interpretation acts, a sequence of application of legal provisions in the resolution of litigation is being developed. The correlation of international anti-avoidance rules with the rules of Russian tax legislation is established, indicating the dominant role of the provisions of the Constitution of the Russian Federation and legal positions of the Constitutional Court of the Russian Federation in the system of anti-avoidance orders, including international treaties. A system and hierarchy of anti-avoidance norms are proposed. Special attention is paid to the study of the principle of protection by taxpayers of their legitimate expectations as a guarantee of ensuring private interest in the field of tax relations. The exercise by taxpayers of the right to protect their legitimate expectations is viewed in the context of their obtaining a reasonable tax benefit. A study of tax calculation methods, including the calculation method used to determine the amount of tax benefit in the context of taxpayers’ protection of their legitimate expectations to reduce tax burden, is conducted. The idea is expressed about the need to legislatively recognize the taxpayer’s right to independently use the tax calculation method, especially in unforeseen circumstances. The judicial approach is supported that the protection of property tax consequences expected as a result of completed transactions can be conducted in court, based on the initial legal expectations, despite the taxpayer’s compliance with the instructions of the tax authority to pay arrears, penalties and fines.