Abstract
The demographic shifts in Kazakhstan impact legal proceedings, with a growing number of participants who lack proficiency in the language of court proceedings. This highlights the importance of employing court interpreters. The purpose of the article was to reveal the importance of this specialist in the process of considering a case and providing citizens with the right to justice. The following methods were used in the study: analysis, synthesis, comparison, legal doctrinal, comparative, abstraction. As a result, a number of problems were revealed regarding the implementation of professional activities by a court translator in the Republic of Kazakhstan. The study conducted a comparative analysis of court interpreters in Kazakhstan and foreign jurisdictions, highlighting commonalities and differences in their legal status, authority, and qualifications. In addition, as a result of the study, statistical indicators were presented describing the number of cases considered by the courts of the Republic of Kazakhstan with the participation of foreign citizens. The study yielded recommendations for establishing a centralized database of court interpreters in Kazakhstan and refining candidate requirements, especially concerning education levels. These insights can inform the development of training programs and certification processes for translators in the country.
References
Abaykyzy, Мoldir. 2020. The role and significance of the principles of civil procedural law of the Republic of Kazakhstan. Legal Technique, 14: 537–539. http://jurtech.org/wp-content/uploads/2020/02/%D0%AE%D0%A2_14_%D0%9C%D0%B0%D0%BA%D0%B5%D1%82-%D0%B8%D1%81%D0%BF%D1%80%D0%B0%D0%B2%D0%BB%D0%B5%D0%BD123.pdf.
Administrative Offences Code of the Republic of Kazakhstan. 2001. https://adilet.zan.kz/eng/docs/K010000155. Accessed November 17, 2023.
Akhmetov, Yerik Bulatovich, and Zhurunova, Mereke Konishanovna. 2022. On the classification on the principles of administrative proceedings and administrative procedure of the Republic of Kazakhstan. Young Scientist Tribune, 2(69): 223–233.
Balogová, Beata, Tomášiková, Slavomira, Kášová, Martina, and Poľaková, Lenka. 2021. The importance of cooperation between a social worker and an interpreter in a lawsuit (murder) in the context of forensic social work. Journal Socioterapie, 7(2): 35–50.
Branchadell, Albert. 2021. Judicial review of translation policy: The case of bilingual Catalonia in monolingual Spain. In: Translation, Interpreting and Transfer: Translation Policies in Legal and Institutional Settings. Eds. Marie Bourguignon, Bieke Nouws and Heleen van Gerwen, 110–132. Leuven: Leuven University Press.
Carter, Andrew. 2021. Judicial discretion in the court interpreters act: Our century-old remedy to a modern LEP American issue. George Mason University Civil Rights Law Journal, 32: 299–307. https://heinonline.org/HOL/LandingPage?handle=hein.journals/gmcvr32&div=16&id=&page=.
Chornous, Yuliia, and Dulskyi, Oleksandr. 2024. International and European forensic support standards for criminal proceedings. Law Journal of the National Academy of Internal Affairs, 14(1): 9–18.
Civil Procedure Code of the Republic of Kazakhstan. 2015. https://adilet.zan.kz/eng/docs/K1500000377. Accessed November 15, 2023.
Constitution of the Republic of Kazakhstan. 1995. https://www.akorda.kz/en/official_documents/constitution. Accessed November 19, 2023.
Criminal Procedure Code of the Republic of Kazakhstan. 2014. https://adilet.zan.kz/eng/docs/K1400000231. Accessed November 17, 2023.
Hale, Sandra, Lim, Julie, Martschuk, Natalie, and Goodman-Delahunty, Jane. 2023. Note-taking in court interpreting: Interpreter perceptions and practices in a simulated trial. Translation & Interpreting, 15(1): 1–21. https://www.trans-int.org/index.php/transint/article/view/1531.
Jannink, Tineke. 2022. Culture and the court interpreter: An examination of current literature on dealing with potential intercultural miscommunication in the criminal court. The New Zealand Journal of Translation Studies, 5(1): 1–31.
Jiang, Li. 2021. The court interpreter’s filtering actions: The bilingual legal proceedings in Hong Kong. Translation Quarterly, 99: 61–71. https://openurl.ebsco.com/EPDB%3Agcd%3A6%3A27701606/detailv2?sid=ebsco%3Aplink%3Ascholar&id=ebsco%3Agcd%3A151693340&crl=c.
Langroiva Pereira, Cláudio José, and Lobo Marchioni, Guilherme. 2021. Right to knowledge of the accusation, guarantee to a court interpreter and application of translation software in procedural acts. Opinión Jurídica, 20(43): 433–453.
Law of the Czechoslovak Socialist Republic No. 36/1967 “On Experts and Translators”. 1967. https://www.global-regulation.com/translation/czech-republic/2033721/on-the-experts-and-interpreters.html. Accessed November 17, 2023.
Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan”. 1997. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/83878/92914/F785201049/KAZ83878.pdf. Accessed November 15, 2023.
Legal Statistics. 2023. https://qamqor.gov.kz/crimestat/indicators. Accessed November 21, 2023.
Li, Jian, Ye, Ning, and Wagner, Anne. 2020. A memetic exploration of court interpretation. International Journal of Legal Discourse, 4(2): 181–196.
Mendybekova, Alia. 2021. Review and analysis of the news of the Civil Procedure Code Republic of Kazakhstan. 3I: Intellect, Idea, Innovation, 1: 97–102. https://ojs.ksu.edu.kz/index.php/3i/article/view/81.
Ng, Eva. 2023. The right to a fair trial and the right to interpreting: A critical evaluation of the use of chuchotage in court interpreting. Interpreting, 25(1): 87–108.
Nurgaliev, Bakhit, Kusainova, Ayman, and Belyaeva, Irina. 2020. Participation of an interpreter in the investigation and its role in establishing the circumstances relevant to the criminal case (under the legislation of the Republic of Kazakhstan). Bulletin of the Krasnodar University, 3(49): 47–52. https://cyberleninka.ru/article/n/uchastie-perevodchika-v-proizvodstve-rassledovaniya-i-ego-rol-v-ustanovlenii-obstoyatelstv-imeyuschih-znachenie-dlya-ugolovnogo.
O’Nyangeri, Akungah, Habwe, John, and Omboga, Zaja. 2022. Witness or interpreter? Converting a litigant into a court interpreter in a self-interpreted testimony presentation. International Journal of Translation, Interpretation, and Applied Linguistics, 4(1): 1–20.
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 13 “On Certain Issues of Application of the Principle of the Language of Legal Proceedings”. 2016. https://adilet.zan.kz/rus/docs/P160000013S. Accessed November 14, 2023.
Runcieman, Alan. 2022. Translanguaging in court proceedings: How interpreter pedagogy needs to address monolingual ideologies in court interpreting that delegitimize litigants’ voices. International Journal of Interpreter Education, 14(1): 1–3.
Smailov, Omirbay, and Abdeldinov, Serik. 2020. Implementation of the principles of the criminal process in the accelerated pre-trial investigation in the Republic of Kazakhstan. International Relations and International Law Journal, 94(2): 107–112.
Tiselius, Elisabet. 2022. Swedish interpreter professions – How legislation and public institutions contribute to creation and disruption of work, remuneration and education. The Translator, 28(2): 178–195.
U.S. Code §1827 – Interpreters in courts of the United States. 1978. https://www.law.cornell.edu/uscode/text/28/1827. Accessed November 11, 2023.
Universal Declaration of Human Rights. 1948. https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf. Accessed November 19, 2023.
Vandzhurak, Roman. 2024. The worldview influence on the internal beliefs of law enforcement agents in the context of exercising their discretionary powers. Law Journal of the National Academy of Internal Affairs, 14(1): 60–68.
Yi, Ran. 2022. Does style matter in remote interpreting: A survey study of professional court interpreters in Australia. International Journal of Translation and Interpretation Studies, 2(1): 48–59.
Zhamankaraeva, Galiya, and Sabirov, Auelkhan. 2023. The problem of national and supranational criteria for the protection of constitutional rights and freedoms of citizens of the Republic of Kazakhstan. International Relations and International Law Journal, 2(106): 56–62.
Zhao, Junfeng, and Dong, Yan. 2023. The court interpreters’ power through creating topical actions: An empirical study on interpreter-mediated encounters at bilingual courtrooms in China’s mainland. In: New advances in legal translation and interpreting. Eds. Junfeng Zhao, Defeng Li, Victoria Lai Cheng Lei, 163–181. Singapore: Springer.
License
Copyright (c) 2024 Rita Adilmuratova, Kairat Alembayev, Dinara Kozhuganova, Yuliya Gavrilova, Galina Menzyuk
This work is licensed under a Creative Commons Attribution 4.0 International License.
When submitting a paper the author agrees to the following publishing agreement and processing personal data.
PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT
This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform
(“Article”) to be published in Comparative Legilinguistics International Journal for Legal Communication (“Journal”).
The parties to this Agreement are:
the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and Comparative Legilinguistics International Journal for Legal Communication (“Publisher”), address al. Niepodległości 4, 61-874 Poznań, represented by its editor in chief Aleksandra Matulewska.
§1. LICENSE OF COPYRIGHT
a) The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at Creative Commons — Attribution 4.0 International — CC BY 4.0 copyright license in the Article to the general public.
b) The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.
c) The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.
d) Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.
§2. EDITING OF THE ARTICLE
a) The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.
§3. WARRANTIES
a) The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.
b) The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
c) The Author represents and warrants that the Article furnished to the Publisher has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
§4. TERM
a) The agreement was concluded for an unspecified time.
§5. PAYMENT
a) The Author agrees and acknowledges that the Author will receive no payment from the Publisher for use of the Article or the licenses granted in this Agreement.
b) The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.
§6. ENTIRE AGREEMENT
a) This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.
b) In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall apply.
c) Any disputes arising from the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.
d) Any amendments or additions to the Agreement must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.
e) This Agreement is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.
f) Clause for consent to the processing of personal data - general
g) The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
The Author The Publisher