LANGUAGE AS A FORM OF IMPLEMENTATION OF INTERCULTURAL COMMUNICATION IN THE RUSSIAN CRIMINAL PROCESS

The article examines the problems of translation in the context of a criminal process with the participation of persons who do not sufficiently speak the state language of the Russian Federation. Actualization of the topic is due to the massive nature of migration processes from neighboring countries. According to statistics, only in 2020, 9,802,448 facts of migration registration of foreign citizens and stateless persons were registered. The total number of registered crimes with the participation of foreign citizens and stateless persons in 2020 was 34,400. In the conditions when, in most cases, offenders do not speak Russian enough, the statistics of offenses with the participation of foreign citizens will increase, which will require adjusting the forms of their participation in the criminal process as a factor of intercultural communication, taking into account the specifics of language as a method of logical, professional, legal thinking. The target setting of adequate communication to the consciousness of the addressee of the content laid down by the procedural document in Russian presupposes the interpreter’s fluency in the basics of the methodology of intercultural communication and the legal categorical-conceptual apparatus. In the research methodology, a dialectical approach is used as a base one, which implies taking into account the worldview positions of participants in intercultural communication in the legal sphere. Taking into account the interrelation of research methods — general scientific (phenomenological, hermeneutic, communicative), special (statistical, sociological) and special (comparative-legal and formal-legal) — the correlation between intercultural and legal communication is revealed. The analysis of the normative support of translation activities in legal communication is carried out, taking into account the requirements for the interpreter as a subject of criminal proceedings. Conclusions are made about the need for normative consolidation of the court’s right to ask questions in the language of foreign participants in order to establish the truth and compliance with the principle of procedural economy, provided that the investigator (interrogator) and the judge know it. The significance of the work for practice lies in the results of the analysis of the normative body of legislation governing the participation of an interpreter in a criminal process. The results of the study can be useful both in the scientific, law-making and law-enforcement processes.

culture, communication, language, foreign language, law, implementation, criminal process, interpreter, activity

Arzumanov I. A., Khudolsheeva V. V., Epishkin D. A. Language as a form of implementation of intercultural communication in the Russian criminal process. Business. Education. Law, 2022, no. 1, pp. 171—179. DOI: 10.25683/VOLBI.2022.58.124.