Ukrainian language in jurisprudence: status, problems, prospects

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Ukrainian language in jurisprudence: status, problems, prospects

Дарина Кохановська, здобувач вищої освіти Дніпропетровського державного університету внутрішніх справ

Науковий керівник:

Юлія Галенко, старший викладач кафедри українознавства та іноземних мов Дніпропетровського державного університету внутрішніх справ

Ukrainian language in the field of jurisprudence is used as a tool for legal activities, legislative process and law enforcement in Ukraine. It is an object of legal regulation and a channel for modern legal communication. Studies of the Ukrainian language in jurisprudence are conducted in both forms of its use - oral and written [1, p. 64-69].

Scientists and practicing lawyers are actively studying lexical and semantic core of the language of jurisprudence, namely legal terminology. This terminology is an open, codified and hierarchized system of interdependent verbal signs that reflect the legal reality. Legal terminology operates in two interrelated areas: the area of its use and the area of its documentation represented by terminological dictionaries, professional legal directories, glossaries and encyclopedias.

Ukrainian legal terms, their characteristics and definitions are studied by both scientific researchers and linguists [3].

Today, the population is guided by the Law of Ukraine “On Ensuring Ukrainian Language as the State Language”, which was adopted in 2019 to promote the development of the Ukrainian language and support its national value. This law is the result of many years of efforts taken by various state representatives, including lawyers, philologists and civic activists who collaborated to create it, as well as MPs who supported it [2, p. 134-138].

The new law significantly strengthened the status of Ukrainian language and had a positive impact on the situation in the country. Ukrainian language is now considered one of the symbols of national statehood, and any violations of the law are now subject to legal liability, including fines. Officials and representatives of educational, healthcare and service sectors are also subject to verification of compliance with the language requirements of the above mentioned law [4, 5].

For many people, language is not only a tool of communication, but also the foundation of national identity, and this law is an important element of development. However, for those who does not benefit from Ukrainian language, this reform may cause conflicts and disputes. It is important to note that the purpose of the law is not to ban other languages, but to promote the development of Ukrainian.

This draft law is important to counteract Russia's influence on Ukraine during the hybrid war and to promote the process of Ukrainianization, which is an important part of the nation-building process.

Generally speaking, language in Ukrainian jurisprudence is a complex and multifaceted phenomenon, as it plays a variety of roles:

-- It is the subject of legal regulation, covering such aspects as the state language, the language of legal proceedings and the use of texts as copyrighted works.

-- Language is used as a tool for legislative activity.

-- It is a means or object of law enforcement activities, including the interpretation of the texts of regulatory acts.

-- Language plays an important role in legal science.

Language has a significant impact on the development of the legal system as a tool for managing social processes and can only be effective when it is reflected in the language. Legal concepts and norms exist due to the respective language forms. According to the legal sources, language serves as the source material, on which the formation of legal opinion and the transmission of legal information are based.

The accuracy and clarity of language in legal formulations, the precise use of legal terminology and the correctness of speech contribute to a better understanding of regulations and acts.

In the process of building a democratic state governed by the rule of law and reforming the legal system, language training of lawyers is of great importance. The use of linguistic achievements in jurisprudence is particularly important, especially when developing a concept for advancing legal education and reforming judicial system along with law enforcement agencies.

Proficiency in a professional language requires knowledge of literary norms, functional styles, and the specifics of language in legal texts, as well as clarity, accuracy, consistency, and comprehensibility in expressing opinions both in writing and orally. This is an important part of the training of legal professionals, which contributes to their professional development.

The language of jurisprudence (legal language) is a specialized type of literary language having its own special stylistic, structural and genre features, determined by the specifics of the legal sphere and the professional needs of lawyers. This language is a key aspect of legal activity and is expressed through various types of communication, including the legislative process, law enforcement practice and other aspects of legal process.

The main features of the language of law include the following:

-- Specific professional vocabulary and terminology used in legal texts.

-- Adherence to the language norms of the modern literary language.

-- Use of language subordinate to specific legal activities, including dialogic and monologic modes of communication.

-- Logical and structured way of presenting information in texts.

-- Accuracy and clarity of legal wording to avoid ambiguous interpretation.

-- Objectivity of language expressed in statements representing the positions of legislative bodies or the state.

-- Tendency to internationalization, especially through the use of international terms and concepts.

-- Documentary nature of language expression, where the will of the legislator is expressed through official documents and forms.

-- Standardization and stereotyping of language expression.

-- Concise way of presenting information while maintaining the completeness of its content [6, p. 84-89].

Language of jurisprudence performs various functions, including nominative, cognitive, axiological, cultural, aesthetic, communicative and others. It is a necessary tool for the implementation of legal activities and requires from lawyers to master it at a high professional level [7, p. 214].

Ukrainian language in jurisprudence is an important tool for ensuring legal activity and mutual understanding in the legal sphere. It serves as a means of communication between lawyers, legislators and other participants in the legal process, as well as a means of recording legal norms and concepts.

The language of jurisprudence has its own special features that separate it from the general literary language. Among these features, it is important to note the presence of specialized vocabulary and terminology, accuracy and clarity of wording, logical way of presenting information and objectivity.

Thus, proficiency in the language of law is an important part of lawyers' training and contributes to effective legal practice. Its application helps to avoid misunderstandings, clarifies legal norms and strengthens the rule of law in society.

Preserving and developing Ukrainian language in jurisprudence is an important task that contributes to the development of national identity and protection of national values. In this context, it is important to maintain the standards of correct speech in legal texts and to give importance to the quality language training of future lawyers.

References

ukrainian language jurisprudence

1. Artykutsa N.V. Fundamentals of the doctrine of legal term and legal terminology. Ukrainian terminology and modernity. Kyiv, 2005. p. 84-89.

2. The Law of Ukraine “On the Principles of State Language Policy” (Document 5029- VI, current version - Declaration of unconstitutionality as of 28.02.2018). Available at: http: //www.zakon.rada.gov.ua/laws/show/5029-17.

3. “The Law on Language: What regulates it and how it will work. A complete list of innovations”. Online: http://texty.org.ua/pg/article/editorial/read/93769/Zakon_pro_movu_shho_vin_reguluj e/

4. Tokarska A. S. Culture of professional speech of a lawyer: a textbook. Lviv: Svit, 2003.312 p.

5. Tolstaya S.A. Research of logical and conceptual relations in legal terminology // Ukrainian language in jurisprudence: state, problems, prospects: Collection of scientific works. - К .: Kyiv National University of Internal Affairs, 2006. - P. 133 - 140.

6. Tolstaya S.A. Topical issues of unification and standardization of legal terms // Humanitarian education in technical higher education institutions: Collection of scientific works of the Faculty of Linguistics of the Humanitarian Institute of the National Aviation University. - K.: IVC of the State Statistics Committee of Ukraine. - 2003. - Issue 7. - P. 64 - 69.

7. Tolstaya S.A. To the question of formation of the culture of professional language of a lawyer // Formation of the culture of professional language of a specialist: theory and practice: Collection of scientific works. - Donetsk Institute of Internal Affairs. - Donetsk, 2003. - P. 134 - 138.

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