Comments to Article 191. Explanation to the translator of his duties of the Civil Procedure Code of the Republic of Kazakhstan
1. The presiding judge explains to the interpreter his duty to translate explanations, testimonies, statements of persons who do not speak the language in which the proceedings are conducted, and to these persons - the content of explanations, testimonies, statements of persons participating in the case and witnesses, documents announced and available in the case, sound recordings, expert opinions, consultations of specialists, as well as orders of the judge, judicial acts issued by the court.
2. The chairman warns the translator about the responsibility provided by the Criminal Code of the Republic of Kazakhstan for deliberately incorrect translation. The translator's subscription to this is attached to the minutes of the court session. If an interpreter refuses to appear in court or to perform his duties without valid reasons, an administrative penalty may be imposed on him in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.3. The rules of this article apply to a person who has sign language translation skills and is invited by the court to participate in the process.
1. When a person who does not speak the language in which the proceedings are conducted participates in the case, the very first actions after the opening of the court session must be translated into that person's native language. This is due to the fact that the requirement to clarify his duties should be made in the preparatory part of the court session, almost immediately after its opening.The establishment of the translator's duties will be determined, in addition to the norms of the commented article, also by the norms of Article 14 of the CPC. At the same time, the law does not require the court to list in detail the actions that the translator must perform.In addition to explaining his rights to the translator, he may be instructed to translate procedural documents in writing. In particular, court documents, the issuance of which has been requested in writing by a person participating in the case who does not speak the language of the proceedings, are handed to him in translation into his native language or another language he speaks (part five of Article 14 of the CPC).After the opening of the court session, the presiding judge must explain to the translator his duties listed in the first part of the commented article. According to the above rule, the translator is obliged to inform a person who does not speak the language of the proceedings about the contents of written documents and sound recordings (that is, according to voluminous documents, there should be no obligation to fully translate their contents orally, this would lead to a delay in the process). If necessary, a person who does not speak the language of legal proceedings must exercise his right provided for in part five of Article 14 of the CPC.In addition, the translator is obliged to translate explanations, testimonies, statements of persons who do not speak the language of the proceedings, and bring to him the contents of explanations, testimonies, statements of persons participating in the case, and witnesses, experts, specialists.It should be noted that the person involved in the case has the right to refuse an interpreter. In this case, the person involved in the case should receive a written refusal from the transfer.
2. The translator is warned of criminal liability in accordance with Article 420 of the Criminal Code for deliberately incorrect translation. He must have a subscription stating that he has been warned about responsibility for a deliberately incorrect translation, which is attached to the minutes of the court session.If an interpreter refuses to appear in court or to perform his duties without valid reasons, an administrative penalty may be imposed on him in accordance with Article 653 of the Administrative Code.3. The novelty of the civil procedure legislation is that the norms of the commented article also apply to cases when the court involves a person with sign language translation skills in civil proceedings.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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