Филологические науки, 6.Актуальные проблемы перевода

К.филол.н, доцент Мартынова Н.А.

Орловский юридический институт МВД России имени В.В Лукьянова, Россия

LINGUISTIC FEATURES OF INTERNATIONAL LAW TERMS

International public law is a special legal system. Its principles form the foundation of a world order based on the rule of law. Its forms act as the basic and necessary instruments for regulating interstate relations.

International law, having the main features of law, is a special, specific system of law. Unlike domestic law, which regulates social relations that are formed within a given state, international law is a system of legal norms that regulates relations arising in the framework of the international community and is based on the coordination of the will of states, mainly relations between states.

In recent years, linguists are increasingly turning to the study of terminosystems of various branches of knowledge. A comparative study of terminology systems in different, sometimes non-parasitic languages, the study of the laws of their formation, development and functioning, the search for universal facts and specific characteristics are considered as one of the most important tasks of modern terminology. Each language reflects the features of the relevant legal system [1].

Linguists try to determine the status of the legal term in relation to the terms of other branches of knowledge, and also to reveal the specific characteristics of the legal terminology system as a whole. At the same time, the terminology of international law often remained unaffected and was excluded from the research material as a separate system of terms that was not related to the description of national (domestic) legal systems. The terms of international law were examined in the studies of a number of linguists devoted to diplomatic vocabulary and terminology. The unification of the terms of diplomacy and international law into a single object of study is not accidental. It would be a mistake to consider these terminology systems separately, without any interconnections. They are internally connected by the common object of reality and serve to describe a special sphere of human activity - international relations.

Terms associated with the description of the system of international relations are united in a macrosystem in which three terminological systems correlate: 1. the diplomatic system of diplomacy; 2. terminology of international law; 3. Terminology of the science of international law. Such a tri-unity reflects the specifics of really existing relations within the system of international law, as well as the objective and necessary relationship of science and practice.

The growing role of the legal regulation of the sphere of international relations at the present stage has caused the need to streamline the corresponding terminology, its standardization.

Special-legal terminology can not be limited to a set of particularly complex legal expressions and words. [2]

Regarding the preference for one way or another of creating international legal and diplomatic terms, there are different points of view. In some cases, the language of the authentic text of an international legal instrument is translated. As a result, an equivalent term appears that preserves to a greater or lesser degree a semantic identity with the original lexical unit. However, the transfer term transferred from the common language is not free from associations and at times inaccurate. An inaccurate translation of the term, functioning in the language of the authentic text of an international legal document, leads to a distortion of the general content of this text. The desire to identify the new concept more precisely, to shield the new term from unnecessary associations arising from the use of native language means, leads to the idea that an international or borrowed term is the best way to designate new international legal concepts. At the same time, a lexeme already exists in one or another language. In some cases, the term is created based on elements from classical languages.

The terminology used in international law can be divided into two types: 1) political, diplomatic and general legal terms that are given a specific interpretation; 2) the proper international legal terms.

There are situations when one term has ambiguous meaning in the domestic and international law (for example, the different qualitative characteristics are characteristic of the term "contract" on the one hand, in constitutional, labor or civil law, and on the other - in international law).

Terms relating to both groups are fixed in the Constitution of the Russian Federation (generally recognized principles and norms of international law, interstate associations, ratification, credentials, territorial sea, dual citizenship, extradition), they are widely used in legislation and law enforcement acts. This aspect is of great importance in the study of international law, when acquainted with international treaties, in the process of their interpretation and execution.

Литература:

1. Martynova N.A. Structure and features of the terminological vocabulary of international law (English and Russian as an example) // Science and practice. 2015. No. 1 (62). Pp. 157-161.

2. Martynova N.A. The terminology as a constituent element of the scientific text: a comparative analysis of English-speaking and Russian-language legal discourses // In the collection: Genres and types of text in the scientific and media discourse: Interuniversity Edition Of Scientific Works. - Ed. 12 / editor. A.G. Pastukhov. Orel: FGBOU VPO "OGIIK", LLC "Horizon", 2014. - 330 p. Pp. 158-167.