PROCEDURAL STATUS OF AN INTERPRETER AND THE ORGANIZATION OF JUDICIAL PROCEEDINGS: COMPETENCE, PROFESSIONAL QUALIFICATION AND ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS OF UKRAINE AND THE REPUBLIC OF POLAND

Abstract

The article is devoted to a comparative legal analysis of the regulation of the legal status of an interpreter in the criminal proceedings of Ukraine and the Republic of Poland. The goal of the research is to identify the key aspects of the interpreter’s status, including defi nition, competence requirements, rights, duties, mechanism of involvement, certifi cation system, and liability. Results. The study reveals deep structural and practical diff erences between the two regulatory systems, despite the mutual recognition of the interpreter’s fundamental role in ensuring a fair trial and implementing international standards. The interpreter’s status is regulated exclusively by the Criminal Procedure Code, which categorizes them as “other participants”. The legislation lacks clear competence criteria and a mandatory certifi cation system, confi ning itself to a general requirement of possessing the necessary languages. This leads to arbitrariness in selection, the absence of a unifi ed public register, and variability in translation quality in courts. In Poland, comprehensive two-part model has been adopted, based on the special Law on the Profession of Sworn Interpreter (2004) and the provisions of the Criminal Procedure Code. This system mandates obligatory certifi cation through a rigorous state exam (written and oral parts, including the translation of legal texts). Successful completion of the exam, a Master’s degree, and taking an oath ensure inclusion in the offi cial public register maintained by the Minister of Justice. The Polish system also guarantees fair remuneration and establishes criminal liability for knowingly incorrect translation. Conclusions. The Polish experience, compliant with EU Directive 2010/64/EU, demonstrates a professionalized and transparent approach that eff ectively guarantees high-quality translation and trust in the administration of justice. Based on the comparative analysis, a number of recommendations are proposed for the Ukrainian legislator aimed at establishing a similar comprehensive system, including the introduction of mandatory certifi cation and a public register, to harmonize Ukrainian legislation with international standards.