THE RIGHT TO TRANSLATION DURING CRIMINAL PROCEEDINGS IN LIGHT OF EUROPEAN UNION DIRECTIVES AND THEIR INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN UNION

Abstract

The purpose of this article is to identify gaps in the current criminal procedure legislation regarding the right to oral and written interpretation in criminal proceedings, in the context of Ukraine’s commitments to European integration, and to propose measures to bring these provisions of national law into line with EU standards. The research employed methods for analyzing European Union legal acts, primarily Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings and Directive 2012/13/EU on the right to information in criminal proceedings. Particular attention was paid to analyzing and summarizing the case law of the Court of Justice of the European Union, which clarifies the meaning of the right to interpretation, defines standards for ensuring it, and establishes approaches to protecting the procedural rights of individuals who do not speak the language of the criminal proceedings. The study concluded that the right to interpretation is an integral part of the right to a fair trial and effective access to justice. It has been demonstrated that the case law of the Court of Justice of the European Union can be used by national courts to argue and substantiate the legal position that the state has a duty to provide translations of key procedural documents, that individuals have the right to challenge a refusal to provide a translation or the inadequate quality of a translation, and that individuals must be informed in a language they understand. EU standards provide for mechanisms to assess the need for translation, create registries of qualified translators, and ensure the proper quality of translation services. Based on an analysis of Ukraine’s national legislation, conclusions were drawn regarding existing problems in legal regulation, specifically the absence of a procedure for determining the need for translation, a legally defined list of documents subject to mandatory translation, a registry of court translators, and effective mechanisms for appealing the quality of a translation. A proposal was made regarding the need to improve Ukraine’s criminal procedure legislation in accordance with European Union standards, specifically to establish a court interpreter service, standardize the procedure for maintaining the Register of Court Interpreters, and amend the Criminal Procedure Code of Ukraine to guarantee the right to translation and define the list of documents subject to mandatory written translation.