Orazbayeva A. S.
Candidate of Philological Sciences, Senior Lecturer of
Theory of Languages and Literature Department at Kostanay State University
THE ROLE OF THE STATE LANGUAGE IN JURISPRUDENCE
The
linguistic support of legal bodies is currently an important problem. In order
to understand and master a document, it is necessary to have good knowledge of
the language in which it was written. It is known that laws, judgments and
statutes of the Republic of Kazakhstan are translated from an official language
that is original into the state language. If the law is the mirror of our
statehood, and the state language is Kazakh, then the laws must be correctly
designed in our native language. “Works on the systematization of the laws, research in different directions
are often held during legislation systematization and analysis of the use of
the rights, revealing contradictions of
legal norms and in these works the superiority of Russian language can be
noticed. The reason is the small number of staff, knowing the state language in
perfection, who would analyze the laws. Mistakes concerning the Kazakh language
occur for the reason that the laws are originally published in Russian and only
then translated into Kazakh” (1). Due to the lack of competent Kazakh language
experts, trials, accusations, interrogations, defence, documentation and other
processes are carried in an official language. Numerous grammatical and
stylistic mistakes occur in the documents designed in the official language.
All of the above points to the inadequacy of linguistic support of legal
authorities. To solve this problem we need to instill linguistic skills to
future employees of law-enforcement bodies, i.e., to provide all the legal
industry with experts, who mastered the legal knowledge along with grammar and
stylistics of the state language.
The main
goal of modern universities is the preparation of educated, cultured, highly
erudite and creative specialists. Both curricula and content of the curriculum
are aimed to this. Mastering of linguistics along with specializing disciplines
is an important task for students of legal professions. Learning lexicology,
grammar and stylistics, which are branches of linguistics, is particularly
important for future lawyers. In any legal industry oral and written form of
the language is the main professional instrument.
Lectures
on legal topics, judgments of legal proceedings, announcing of judgments and
verdicts require competent speech of public prosecutors and defenders.
Therefore, any lawyer along with the competent knowledge of their specialty,
must be familiar with grammar and stylistics of the modern Kazakh language.
A
language develops with the society. Developing, updating and changing of
linguistics along with society is also natural. And the vocabulary of the
language is updated. The fact the language is updated due to temporary and
public updates is mentioned in a number of works: “A language is a living
phenomenon, and with time new words and concepts are developed” (2). The
knowledge given to the students in linguistics should be consistent with its
development and updating.
The
formation of the skills of excellent use of lexicology, grammar and stylistics
of the Kazakh language in the professional activity of future lawyers should be
implemented within university. It is needed for competent, excellent use of
linguistic knowledge in professional activity of legal industry. Despite the
fact that the Kazakh language began to develop after gaining of the
independence by the Republic of Kazakhstan, it has not yet become the language
of the law. Certainly, the Kazakh language as the state language had a broad
scope of use. However, it is impossible not to notice the superiority of the
official language. In article 30 of the code of criminal procedure of the
Republic of Kazakhstan, it says: “In the Republic of Kazakhstan a criminal
legal case is conducted in the state language, if necessary an official and
other languages are used along with the state language, but despite this, the
official language is commonly used one.”
In the
language of law, Russian and other languages are used along with other
languages. Making Kazakh language dominant, the necessity in daily professional
activity is, firstly, the duty of our lawyers. If lawyers have mastered the
lexicology, grammar and stylistics of Kazakh language in the university, and we
able to use in their future activity, it would the indication of the high level
of their professional skill.
The
language of criminal acts, as the language of law, requires precision and
rejects indirect explanations. The speech of employees of law-enforcement
bodies, i.e, judges, lawyers, investigators and the patterns of their oral
speech and written documents require precision and clarity. “In order to avoid
the misunderstandings and disputes during the execution of the decision, the
part, considered by the judge, should be stated clearly and precisely” (4). On
this account, the language of some Kazakh-speaking specialists and documents
does not tolerate criticism. It is known that the knowledge of Kazakh language
at a certain level of employees of law-enforcement bodies does not meet our
needs.
In
universities, according to the standards of general education in the Republic
of Kazakhstan as a component of cycle selection of general educational
subjects, the following subjects are taught: “Business Kazakh language”,
“Record keeping in the state language”. Curricula and educational programs of
these disciplines, their goals and objectives are included in the turnover of
the educational process. But the teaching these disciplines does not meet our
abovementioned requirements.
As
earlier mentioned, the teaching of lexicology, grammar and stylistics of Kazakh
language to our future lawyers is an important point. For the literate
paperwork, trials, accusations, interrogations, defence, etc. in the state
language the future lawyers should have a corresponding special linguistic
training. The essence of linguistic support of future lawyers is in the
teaching the feature of Kazakh language in a special legal meaning. For
publication of laws and their application, i.e., trials, accusations,
interrogations, defence, the formalization of legal documents and other works
of law-enforcement branches in the state language will be conducted correctly,
if a lawyer will have knowledge of lexicology, grammar and stylistics of Kazakh
language along with professional knowledge.
References:
1 Galyashina, Y.I. Capabilities of judicial linguistic examinations
on the protection of intellectual property rights // Intellectual property.
Copyright and neighboring rights. 2005.
2 Brinev, K. I. On presumptions of linguistic examination: conflicting statements on the scale of the reduction / opinion // Forensic linguistics –7:
language as a phenomenon of legal communication. – Barnaul, 2006.
3 Belchikov, Y. A. Invective vocabulary in the context of
some of the trends in modern Russian language communication // Philological Sciences. 2002.