Елена Самтынова
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В ходе обсуждения международного опыта по судебному переводу в рамках круглого стола с участием представителей судебных и правоохранительных органов России, были озвучены предложения о совершенствовании российского законодательства о деятельности переводчиков, участвующих в работе судебных и правоохранительных органов. Одним из организаторов мероприятия стал Союз переводчиков России. В частности, сообщается о разработке проекта положения1 о присяжном (судебном) переводчике, а также законопроекта2 об изменениях Уголовно-процессуального кодекса и КоАП, направленных на устранение правового пробела, касающегося порядка подбора переводчика судами и органами следствия и способов оценки уровня профессиональной компетенции переводчика. Соответствующие предложения планируется направить в органы госвласти на рассмотрение.
Так, проект положения о судебном переводчике предусматривает требования к кандидату, права и обязанности судебного переводчика. Предполагается создание квалификационных комиссий при территориальных органах Минюста России для приема квалификационного экзамена в целях получения статуса судебного переводчика. Успешно сдавшие такой экзамен переводчики будут приносить присягу и получать удостоверение судебного переводчика. Также их планируется включать в Единый государственный реестр присяжных (судебных) переводчиков. Такая профессиональная база, по мнению разработчиков, позволит правоприменителям оперативно находить переводчиков нужной квалификации, что актуально для нашей страны с интенсивными миграционными процессами.
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В ст. 59 УПК РФ предлагается прописать формулировку, согласно которой переводчик – это лицо, привлекаемое к участию в уголовном судопроизводстве в определенных законом случаях, свободно владеющее языком, на котором осуществляется уголовное судопроизводство, и другим языком, знание которого необходимо для перевода с одного языка на другой, либо лицо, свободно владеющее техникой общения с глухими, немыми, глухонемыми. Напомним, на сегодня в ст. 59 УПК РФ не учитывается обстоятельство свободного владения переводчиком языком, на котором осуществляется уголовное судопроизводство, а также не закреплена возможность участия сурдопереводчиков.
Кроме того, в УПК РФ и КоАП могут появиться нормы, согласно которым включение переводчика в Единый государственный реестр судебных переводчиков будет считаться достаточным подтверждением его компетентности для участия в расследовании дела и при рассмотрении дела в суде.
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1 С текстом проекта Положения о судебном переводчике можно ознакомиться на сайте Союза переводчиков России (https://rutrans.org/). 2 С текстом законопроекта «О внесении изменений в отдельные законодательные акты Российской Федерации в связи с созданием Единого государственного реестра судебных переводчиков» можно ознакомиться на сайте Союза переводчиков России (https://rutrans.org/)
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