Ensuring the implementation of the principle of the language of criminal court proceedings by persons conducting an investigation
Автор: Kaats Marina E.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовный процесс, ОРД и криминалистика
Статья в выпуске: 2 (44) т.12, 2021 года.
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Introduction: imperfection of the regulatory framework of the current criminal procedural legislation regulating certain issues of principle of the language of criminal proceedings, and the practice of realization of this principle the bodies of the preliminary investigation indicates the lack of a coherent enforcement of the concept under consideration forms of criminal procedure and the related challenges of legislative and practical nature. The author analyzes certain regulatory and law enforcement issues related to the peculiarities of the implementation of the principle of the language of criminal proceedings by persons conducting criminal investigations. Materials and Methods: general scientific (theoretical) and special (legal) methods of conducting the study were used. Materials of the study were the provisions of the criminal procedure in-law, "normative and interpretative" positions in the decisions of the Constitutional Court of the Russian Federation; scientific publications on the research topic; the practice of activities of bodies of preliminary investigation; statistical information of law enforcement agencies. Results: the article analyzed certain procedural aspects of the implementation by persons conducting an investigation of the principle of the language of criminal proceedings in the course of their professional activities. The author proposed to improve the procedure for involving translators in the investigation of criminal cases by creating a single institution of a judicial (sworn) translator for the entire Russian law enforcement system, as well as to coordinate the norms of the current criminal procedure legislation in the area under study. Discussion and Conclusions: the author proposes the vision of the issues of improving the criminal procedure legislation and law enforcement practice to ensure the implementation of the principle of the language of criminal proceedings in conducting preliminary investigations in criminal cases. Conclusions are drawn about the expediency of the regulatory adjustment of Article 96 of the Criminal Procedure Code of the Russian Federation, with the mandatory participation of a translator in the right to a telephone conversation of a suspect who does not speak Russian. The author placed emphasis on the need for the persons conducting the investigation to be guided by the decisions of the Constitutional Court of the Russian Federation when granting or refusing to grant the requests of the participants in the criminal process for the appointment of a translator. The idea of forming the institution of a judicial (sworn) translator in Russia was supported.
Criminal procedure, the principle of language in criminal proceedings, interpreter in criminal proceedings
Короткий адрес: https://sciup.org/142229934
IDR: 142229934 | DOI: 10.37973/KUI.2021.87.15.017