NATIONAL AND EUROPEAN STANDARDS FOR LEGAL SECURITY OF THE RIGHT TO TRANSLATION DURING BORDER CONTROL

Abstract

The purpose of the article is to analyze the legal support for the implementation of the right to translation during border control. The methodological basis of the research is the methods of analysis and synthesis, formallegal, systemic-structural, and comparative-legal methods, with the help of which normative-legal approaches to ensuring the right to translation during border control are summarized, as well as national regulation is correlated with international standards in the field of human rights protection. Results. The article examines the legal principles of ensuring the right to translation during border control as one of the key guarantees of human rights compliance in interaction with state authorities. The influence of the language barrier on the ability of a person to exercise his procedural rights was analyzed, in particular in the context of obtaining information about the grounds for the application of control measures, access to legal aid and understanding the content of official documents. It has been established that the insufficient level of language accessibility leads to the formalization of relevant procedures and creates prerequisites for limiting the fundamental rights of foreigners and stateless persons. A generalization of the national normative regulation in the field of translation provision has been carried out, which covers various fields of law and determines the procedure for engaging translators within border control and related procedures. It was determined that the existing system of legal regulation is characterized by fragmentation and the lack of a unified approach to determining the procedural status of a translator, which complicates the effective implementation of the relevant guarantees. Particular attention is paid to the organizational aspects of providing translation, in particular the functioning of a specialized register of translators and the possibility of using modern means of communication to overcome language barriers during border control. The practical problems of the implementation of the right to translation during border control are analyzed, among which cases of formal engagement of translators, use of language intermediaries, insufficient level of professional training of involved specialists, as well as lack of proper control of translation quality are identified. It has been established that such shortcomings negatively affect the effectiveness of communication between a person and representatives of state bodies and may lead to a violation of the person’s right to protection. A generalization of European approaches to ensuring language human rights in the field of border control has been carried out, according to which overcoming the language barrier is considered a necessary condition for compliance with the principles of fair treatment, non-discrimination and access to justice. It was determined that European standards provide for the obligation to timely inform a person about legal procedures with his participation in an understandable language, as well as to ensure the possibility of effective participation in the relevant procedures with the help of qualified translation. In general, ensuring the right to translation within border control is complex and requires improvement of both the regulatory and organizational components, aimed at increasing the effectiveness of the implementation of the language rights of foreigners and stateless persons.