AN INTERPRETER IN THE SYSTEM OF CRIMINAL PROCEDURAL LEGAL RELATIONS: LEGAL STATUS, FUNCTIONS, ISSUES

Abstract

The purpose of the article is to study the theoretical, legal and procedural aspects of an interpreter’s activitiesin modern criminal procedural legal relations, to identify the place of an interpreter in the structure of participantsof criminal proceedings and to develop proposals for optimizing the legal regulation of the relevant area.Methods. The methodological fundament of the research is based on general scientific and special legalmethods, in particular, dialectical, systemic analysis, and theoretical generalization. Results. On the basis of the analysis of the current criminal procedure legislation, the study of doctrinalsources and practical activities of judicial and law enforcement agencies:− the author provides a detailed description of the legal status of an interpreter as a participant in criminalprocedural legal relations;− different views of procedural theorists on the interpretation of the relevant conceptual and categoricalapparatus are illustrated;− the author illustrates the main qualification requirements and criteria of professionalism of an interpreterfor his/her involvement in criminal proceedings;− the author provides a list of functions, grounds for involvement, and peculiarities of the proceduralactivities of an interpreter in criminal proceedings.The author formulates a number of problematic issues and risks which threaten the proper exercise of the interpreter’sprocedural functions in criminal proceedings, and also suggests ways to solve such problems.Conclusions. An interpreter is an independent, legal personality participant in criminal procedural legalrelations who plays a significant role in ensuring strict adherence to the general principles of criminal proceedings,guaranteeing the rights, freedoms and legitimate interests of participants in the process who do notspeak or do not have sufficient knowledge of the language of the proceedings. The evolutionary improvementof the legal framework governing the activities of an interpreter will ensure the proper fulfilment of the tasksof criminal proceedings and optimize communication between its participants.