On the Issue of Involving an Interpreter in Conducting Procedural Actions with the Participation of Foreign Citizens: Questions of Theory and Practice

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.

translator, enforcement of rights, foreign citizen, a person who does not speak the language of criminal proceedings, the language of criminal proceedings, translation