Slipeniuk V. Constitutional right of a person to use a mother tongue or the language that the person comprehends in the legal proceedings

Ph.D. thesis is devoted to exploring constitutional right of a person to use a mother tongue or the language that the person comprehends in the legal proceedings. It was found that in legal science there are fragmentary studies of this constitutional right, which have been carried out during three periods: pre-Soviet, Soviet and period of Independence, in the context of the legal status of translators, the principle of the language of justice and the realization of language relations in Ukrainian society. It was proved that the genesis of this right was also carried out during three periods: pre-Soviet, Soviet and Independence. The constitutional nature of a person's right to use a mother tongue or the language that the person comprehends in the legal proceedings was argued, taking into consideration the presence in its structure of formal-legal, substantive and procedural components. The concept of «the constitutional right of a person to use a mother tongue or the language that the person comprehends in the legal proceedings» was formulated and the features of this right were defined. It was justified that the explored right belongs to a group of civil rights and freedoms. Particular attention is drawn to the co-relation with the right to a fair trial and the right to free legal aid. The notion, features and system of international standards of ensuring the studied right, which are described in international agreements in human rights' field, were defined. Mentioned above agreements were classified according to their degree of mandatory, territorial and spatial validity, the range of addressees and subjects of establishment. It was argued that the ECHR's position on the problematic issues of enforcement of this right is stable nowadays, and the totality of the judgments in which it has been formed was classified into separate groups: concerning the grounds and specifics of the involvement of an interpreter, concerning the definition of language proficiency, the scope of translation, the quality of translation and the compensation of interpreter's services. The notion, features and system of guarantees of the researched right were defined. The latter’s been divided on the basis of content and type into general (political, social, economic and cultural) and special (legal) guarantees. The specifics of the explored right's normative-legal regulation at the national level were analysed. A number of shortcomings were identified, and systemic changes were proposed, which are represented in two draft laws. The mechanism of realization of the researched right was characterized. Particular attention was paid to the disclosure of its elements: methods, means and conditions. It was found that the interpreter must meet some linguistic and normative requirements. It was suggested to create Court Interpreting Units within the State Judicial Administration of Ukraine and its territorial departments. Recommendations for providing conditions for linguistic assistance to a person who does not speak the state language were proposed.