Actual problems of legal terminology

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ACTUAL PROBLEMS OF LEGAL TERMINOLOGY

Timur BUGAYENKO,

Natalia DAVIDOVA

The current state of administrative law terminology is characterized by certain positive changes and trends. On one hand, there is an increasing focus on terminology in legal science and practice, which contributes to the improvement of the terminological apparatus. On the other hand, there are some issues related to the changing meanings of terms depending on their context of use, the use of foreign terms, and the ambiguity of certain concepts.

One manifestation of terminology improvement is the adoption of the Law of Ukraine «On the General Theory of Law and the State,» which defines the basic concepts and principles of the legal system of Ukraine. Additionally, in legal practice, there is simplification and clarification of terms, for example, replacing the term «state authority» with «executive authority» and «local self-government body» [4]. administrative law terminology term

On the other hand, there are issues related to the changing meanings of terms depending on their context of use. For example, the term «administrative law» can be used in both broad and narrow senses, which can lead to confusion and misunderstanding in legal practice [1].

There are also problems with the use of foreign terms in administrative law terminology. This can create difficulties in understanding terms and their improper use in legal practice.

Upon closer examination of this issue, the following main problems have been identified:

The problem of the ambiguity of terms: Terms that sound the same can have different interpretations depending on the context and the legal school from which they originate. For example, the term «administrative act» can be interpreted as «decision of an administrative authority,»«the activity of an administrative authority aimed at exercising state power,»«a form of state activity regulating relations in the administrative sphere,» and so on. Such ambiguity of terms can lead to misunderstandings and incorrect interpretations, which, in turn, can lead to violations of the rights and interests of citizens [2].

To address the problem of term ambiguity, it is necessary to harmonize the interpretations of terms in scientific sources and legislative acts, use terms in accordance with their commonly accepted interpretation and context of use, and provide additional explanations and definitions of terms in scientific sources and legislative acts to avoid ambiguity and misinterpretation.

The legal terminology of administrative law contains a significant number of terms that are exclusively Ukrainian, but there are also terms borrowed from other languages, including English, French, and German. This creates a problem of interpretation and use of terms in legal practice [3]. One of the main problems of administrative law terminology related to the use of foreign terms is that these terms can have different interpretations in different countries and legal systems.

This can lead to incorrect application of terms, violating the legal rights and interests of parties in the legal process [2].

Additionally, the use of foreign terms can create obstacles to understanding the terminology among citizens who do not have a strong command of the language from which the term was borrowed. It is also important to consider that the Ukrainian language has its own terminology reflecting the specificity of the national legal system. The use of foreign terms can lead to a departure from native terminology and disrupt national identity [4]. Therefore, the use of foreign terms in the legal terminology of administrative law requires caution and clarification of interpretation to avoid errors and distortions of legal concepts.

The problem of inconsistency of administrative law terminology with other branches of law. This problem arises when the same term can have different interpretations in different branches of law. For example, the term "attachment" may have different meanings in administrative law and civil law. In civil law, it may refer to additional conditions added to a contract, while in administrative law, it may refer to a decision to apply measures of influence to a legal entity. This problem can create difficulties in resolving legal cases, as different branches of law may use the same term in different meanings. Therefore, it is important to ensure mutual understanding between different branches of law and coordinate terminology with other branches of law [1].

Legal terminology in administrative law is constantly evolving as this legal field rapidly develops and adapts to the needs of society. This can create challenges for lawyers and other professionals who use administrative law terminology in their work.

One problem with changes in administrative law terminology is that new terms and concepts can replace old ones, leading to confusion and misunderstanding in the interpretation of legislation. Additionally, changes in terminology can arise from political and social shifts, resulting in differences in the interpretation of laws [3].

Another issue with changes in administrative law terminology is the need to adapt terms to international standards and norms, as well as the requirements of European integration. This can lead to alterations in the usage and definition of terms, causing confusion and ambiguity in the interpretation of legislation [4].

Therefore, the problem of changes in administrative law terminology stems from the fact that this terminology evolves over time and in response to societal needs, creating challenges for those who use it in their work.

To address this issue, several methods have been formulated:

Development of a unified administrative law terminology: One method to resolve the problems of administrative law terminology is to develop a unified terminology that considers historical, national, and international aspects of term usage in this legal field.

Coordination of terminology with other branches of law: Ensuring consistency in terminology with civil, criminal, constitutional, and international law can help maintain uniformity and prevent inconsistencies in the use of terms.

Detailed definitions and systematization of terms: Developing precise definitions and systematically organizing terms based on principles of scientific accuracy and clarity.Conducting systematic analysis and revision of terminology used in legislation and academic literature in response to changes in administrative law and legal practice [3].Use of specialized terminological dictionaries and glossaries: Utilizing specialized resources dedicated to administrative law terminology to ensure consistency and avoid inaccuracies and contradictions in usage.

Organization of specialized seminars and training for administrative law professionals: Providing opportunities for legal professionals to stay updated on evolving terminology and its proper use.

Additionally, when translating foreign terms, various translation strategies can be employed to ensure the accuracy and equivalence of terms in the target language. These strategies include transcription, literal translation, finding equivalent terms, using context, and introducing new terms when necessary.

Furthermore, legislation can regulate the use of terms by including definitions of terms in laws and other regulatory documents to prevent misinterpretation. Legislators can also establish recommended lists of terms to be used in legislation.

Based on this, we see that the issue of legal terminology in administrative legal norms requires reform for the further improvement of the functioning of state authorities and the enhancement of judicial processes in Ukraine.

References

1. Alcaraz, Enrique, and Brian Hughes. Legal translation explained. Routledge, 2014.

2. Biel, Lucja. Legal terminology in translation practice: dictionaries, googling or discussion forums. SKASE Journal of Translation and Interpretation 3.1 2008. 22-38 p.

3. Pym, Anthony, et al. The status of the translation profession in the European Union. Anthem Press, 2014.

4. Siems, Mathias. Comparative law. Cambridge University Press, 2022.

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