乌克兰、立陶宛和德国宪法诉讼中的翻译:比较研究

V. Rozvadovskyi
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摘要

本文探讨了乌克兰、立陶宛和德国宪法诉讼中翻译法律地位的特点。笔者认为,要使翻译人员参与到这一过程中来,必须有一个不讲法律程序语言的人的主动参与。在这方面,我们应该同意科学家关于需要明确程序法相关规定的建议。我们认为,在法律诉讼中,翻译人员在建立语言联系和当事人之间的关系方面起着关键作用。如果没有翻译人员,就不可能进行准备和司法行动,也不可能在过程中的参与者之一不会说或不会说国家语言的情况下保护个人和公民的权利和自由。因此,翻译人员参与这一过程是确保不讲或不讲国家语言的案件参与人享有司法保护权的保障。这就是为什么翻译人员参与制作的程序程序需要改进的原因。因此,有必要解决一些问题:以外语进行程序的可能性,如果所有参与案件的人都不知道诉讼的语言,寻找翻译人员的程序(应该找谁,在什么时间范围内等),涉及案件档案文凭翻译人员的可行性等等。根据国家立法规范,翻译人员有义务进行完整、正确的翻译,并在程序文件上签字,保证译文的正确性。因此,我们可以得出结论,译者的义务是与提供给他的材料有关的完整性和责任。我们可以有条件地区分翻译工作者在生产中使用的两种翻译形式——书面和口头。当与不讲法律程序语言的人交流时,在程序行动中使用口译。与乌克兰不同,在立陶宛,涉及立陶宛共和国法人和个人的商业行为以国家语言进行。还可以加上一种或多种语言的译文。与外国的个人和法人进行商业活动,应使用国家语言和双方都能接受的另一种语言进行。如果你在翻译的法律地位的背景下比较乌克兰和德国的立法,应该注意的是,根据德国法律,有两种类型的翻译:口译员和官方翻译。
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Translator In The Constitutional Proceedings Of Ukraine, Lithuania And Germany: A Comparative Study
The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany. According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law. We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough. Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like. In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings. Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.
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