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Courier of Kutafin Moscow State Law University (MSAL))

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No 11 (2023)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

27-37 116
Abstract

The article shows a different approach (compared to the traditional one) to the paradigm of a public institution and to the development of a new epistemology, which replaces analysis (understood as a decomposition in the greek meaning of the word) and promotes synthesis and holism in the interpretation of law in language. It emphasizes that there are relationships between a public institution (law), language and cognition, where the role of language requires special study, especially in relation to mental activity. Modern scientific interdisciplinary approaches lead us to consider this phenomenon in the light of the paradigms of cognitivism (In connection with the interrelation and inseparability of language from thinking) and fractal semiotics (taking into account the “biosocial” function of language and the construction of an object of study from the position of an observer), representing these two public institutions as procedural, self-referential, self-organizing in their interaction with an observer.

VECTOR OF LINGUISTIC SCIENCE. Language and Translation Issues

38-46 132
Abstract

The article analyzes the specifics of legal translation and its ethnonational features based on the material of the Spanish language. Taking a text-centric approach to legal translation, a translator must convey a message not only from one language to another, but also from one legal system to another. The main difficulties in this case are related to terminology, and, in particular, to the lack of a corresponding equivalent term in the translating language, with the literal interpretation of the language sign, with terminological character of the language sign in translation. The difficulties of legal translation are not so much related to the language per se, as to the differences of concepts related to different legal systems. The method of conceptual translation, which consists in finding out how certain concepts are prescribed in Russian (Spanish) legal texts, allows us to find interlanguage correspondences and equivalent translation.

47-56 181
Abstract

The criminal plans disclosure and the illegal activities suppression, the implementation of forensic linguistic examinations is complicated by the presence of a special secret language in the criminal world. In this regard, it is necessary to study and systematize such jargon, create vocabularies. The extremist organization «Prisoner Criminal Unity» (AUE), the study of the jargon of which is undertaken in this article is especially dangerous and the most closed. The article is devoted to the consideration of some features of the language characteristic for AUE representatives concerning naming, abbreviation, word formation, obligatory cliched expressions at meetings and in the epistolary genre. It is established that the speech of the AUE representatives reflects their mental values, among which they themselves call the thieves’ brotherhood, the thieves’ family and strict adherence to its principles. The language of this extremist organization is difficult to learn largely due to the fact that it lacks a common governing body, a leader, and each place of detention has its own leader, its own language rules and features. These linguistic units are either not recorded in the criminal jargon dictionaries, or have territorial specifics. A short dictionary of basic language units used by representatives of AUE in places of detention of the Southern Federal District of the Russian Federation is proposed.

57-65 148
Abstract

The article analyzes and evaluates the English-Russian voice-over translation of video materials based on neural networks of one of the leading Russian IT companies. The authors consider this technical segment for possible use in the practice of teaching a foreign language at a university. Examples of voice-over translation of popular-science and colloquial style videos and typical mistakes in conveying meaning are given. Conclusions are drawn about the possible introduction of the option under consideration, mainly in the methodology of teaching translation to students of linguistic universities and faculties and its usefulness for people who do not speak English during the initial acquaintance with various kinds of video content.

66-76 127
Abstract

Being part of the culture of a particular state, law is also always national in its content. Consequently, the peculiarity of the language of law is due to its connection with the legal system of the state, the reflection of which it is. Thus, a certain conceptual and terminological apparatus is formed, taking into account the legal features inherent in a single state.
In this article, the author is limited to considering the use of translation techniques on the example of translating the names of the French judicial authorities and determining occasional correspondences in the absence of an equivalent or variant correspondence to the French term in Russian.
A short analysis allows the author to argue that the complexity of translating legal terms is primarily due to differences in the legal systems of countries, difficulties in finding the necessary terms, which implies the presence of not only a sufficient vocabulary in this area, knowledge of grammar, but also an understanding of the specifics of the system. The translation should not be reduced to a free interpretation of the legal term of the original language and not literal transmission, but transcoding into the translation language with the fullest possible preservation of its meaning by means of the translation language. In this case, it is necessary to take into account the nature of the recipient in order to clearly bring the semantic content to his consciousness.

77-84 138
Abstract

Due to the practical usage of neuro-technologies in all areas of our life, lawyers make attempts to provide a legal definition of such a philosophical category as mind, which expresses the highest type of thinking activity, and to develop legal norms and standards in this field. The area of law that deals with the impact of neuroscience discoveries on the regulation of social relations is referred to as neurolaw. This branch of law is considered to be interdisciplinary establishing close connections with a spectrum of sciences such as neuropsychology, neurogenetics, neurobiology, neurosociology and many other neurosciences and links a brain with law. As a result this area of law often employs categories and concepts of those sciences. This is a reason for legal terminology in this field of law to be constantly broadened. New legal terms are of great interest to translators who create and analyze conceptual fields in the area of “neuro-law”. For translators it is a real challenge to deal with specialized legal texts when they can apply not only their translation skills, techniques and methods but also their knowledge in a particular field of neuro-technology application in the real sector of economy. The author of the article makes an attempt to reveal the peculiarities and features of translation of the texts which deal with human body enhancement technologies and legal issues related to their application. New legal terms and concepts are of great interest to understand a developing area of law.

VECTOR OF LINGUISTIC SCIENCE. Issues of Theory and Practice of Teaching a Foreign Language of Law

85-93 168
Abstract

The digital educational environment in teaching Russian as a foreign language allows you to activate the maximum number of representation systems, making the learning process more dynamic and increasing motivation to learn the Russian language. Stereoscopic and polysensory perception, which arises as a result of a combination of a visual image and a listening text, has a positive effect on both the consolidation of knowledge and the emotional intelligence of students. The article analyzes the psychological characteristics of the trained contingent. For example, the differentiation of perception based on the elements of a representative system of information presentation: visual (visual perception), kinesthetic (tactile sensations), auditory (auditory perception), polymodal (thinking processes). On this basis, we can see how the presentation of educational material changes and how types of memory are formed: motor, figurative and logical. Considering the interaction of the teaching and learning side in a virtual socio-cultural environment, we should focus on establishing a creative type of interaction, when the positions of both subjects of the educational process make the most of the didactic potential of the virtual environment. Only in this case the process of teaching the Russian language will be successful.

94-110 97
Abstract

The paper examines current trends in the labor market, stressing the special role of interdisciplinarity. In particular, the possible interaction of the linguistic and legal spheres is taken into account, which could help train a specialist who is indispensable both within Russia and at the international level (linguist-lawyer, international lawyer, etc.). The article provides examples of already existing interdisciplinary programs in different areas (linguistics, law, physics, IT, etc.) in various countries of the world. In addition, the interaction between linguists and lawyers is also given within the framework of a big international organization — WIPO (an organization of the UN system). Moreover, the paper emphasizes the importance of cooperation between universities of different profiles and points out the need to develop as many interdisciplinary skills as possible for future and current students.

111-118 206
Abstract

The author believes that under current complicated international environment there has been a great demand in specialists having updated knowledge in their profession, high morality and patriotism. In terms of legal education, the most important tasks it faces now are the formation of professional legal skills and devotion to Motherland. The author shares the results of her pedagogical experience according to which the enhancing of top-notch legal skills has been achieved through the development of critical and analytical thinking and focusing on modelling the interactive legal situations. Those ones have been produced by means of the application of the latest innovations in psycholinguistics such as audio- and videofiles and podcasts. The author proceeds with highlighting the importance of the choice of the criteria of estimation of the pedagogical results. According to the author those most relevant aspects are pursuing of innovative ways to solving acute legal and international problems, taking into account socio-personal component, knowledge of the fast-changing international legal situation as well as fluency in foreign languages. Having in arsenal such tools and applying the above-mentioned integral approach, the country is sure to meet any challenges it is facing nowadays.

119-129 100
Abstract

In many countries of the world, the legal industry is undergoing profound transformations. The changes concern the way lawyers design their products and deliver services to clients. The providers of legal services have to respond to the «more for less» challenge.
The article deals with the impact of technology on the legal profession. Analysing the present-day trends on the market, the forecasts made by legal scholars and law practitioners, the author describes the law firm of the future. Based on the study of the set of skills required of lawyers today, the author gives recommendations on how to prepare law-students to work in a constantly changing environment.

130-138 148
Abstract

The article highlights the necessity of interdisciplinary training for professionally-directed English-language interaction of students studying law and artificial intelligence technologies at the Kutafin Moscow State Law University (MSAL) and Bauman Moscow State Technical University (National Research University). The importance of digital technologies usage to optimize the process of learning English with the significant role of the teacher — peer educator and conveyor of knowledge, capable of considering the regulatory documents governing relationships in the digital environment, is indicated. The studied English-language discourse is actualised based on the necessity to widen students’ lexical and grammatical knowledge, to develop their socio-perceptual skills. The need for modeling situations of real international cooperation for practical consolidation of the studied material is revealed. The shortage of classroom academic hours for the students’ comprehensive preparation for the forthcoming professional activity in English is established, which is partially compensated by the outlined in the article extracurricular activities. The author concludes that the indicators of the quality of students’ training in an interdisciplinary context are their skills in linguistically meaningful construction of the English-language discourse, adaptation to the constantly changing international situation, socio-perceptual skills, cognitive use of digital technologies, knowledge of culture and psychology of the professionally-directed English-language interaction.

139-147 161
Abstract

The article is devoted to the problems that arise while teaching speaking and listening in a foreign language of students with insufficient language training at universities of law. This article reveals the problems faced by both students and teachers. The authors propose ways to solve these problems. The article provides examples from the personal experience of teachers on removing difficulties in classes; attention is paid to the need for independent study of students. The issue of motivation to learn a foreign language and the possibility of its improvement among students is touched upon. The role of the teacher’s personality is highlighted and the need for special methodological techniques that the teacher uses in classes creating favorable conditions for learning.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

148-155 164
Abstract

Gamification in German classes is an innovative approach that incorporates game elements and mechanics into the language learning process. Gamification, which includes game elements such as points, levels and rewards, aims to increase students’ engagement and motivation in learning a foreign language. Various methods of gamification can be applied, including digital platforms, interactive exercises and learning games. Gamification not only makes learning German more enjoyable, but also creates a competitive and engaging environment where students can practice their language skills in a fun and interactive way. In addition, gamification provides opportunities for personalised learning, allowing learners to move at their own pace and focus on the areas in which they need to improve. Integrating gamification into German language classes shows promising potential to increase engagement, motivation and ultimately improve language proficiency. In recent years, this approach has received more and more attention as it makes the learning process more enjoyable and effective. In this article we will examine the prospects and relevance of gamification in foreign language classes.

SCIENTIFIC RESEARCH

156-164 270
Abstract

The article considers one of the fundamental and central problems of the theory and practice of administrative law — this is the problem of the functions it implements. The prospects of the stimulating function of administrative law, whose main purpose is to create a certain model of behavior of participants in administrative legal relations, have been investigated and substantiated. Distinctions are made between it and other functions of administrative law, including regulatory, protective, educational, humanistic, coordinating, law enforcement, and some others. When the greatest similarity between the stimulating function and the educational function of administrative law is found, attention is simultaneously drawn to its significant difference from others. The role and significance of the implementation of the stimulating function in administrative law are explained, taking into account the modern needs of the organization and ensuring public managerial relations included in its subject. A significant addition to the dogmatic part of modern administrative law, its new life cycle and the resulting demand for the development of the institution of administrative and legal incentives are emphasized.

165-170 200
Abstract

Sovereignty is a dialectically developing phenomenon. In the classic sense, sovereignty belongs to the supreme power, for example, represented by the head of state, or if the center of publicity is the people, the sovereignty of the people (the popular sovereignty) is meant then. Nevertheless, in modern history, even just a person, a personality, a citizen has begun to be endowed with sovereignty. One way or another, with all the differences in the perception of sovereignty, the term itself has always been associated with power, and this neither provokes any disputes nor casts any doubts. But the points about the limits of this power and whether it has boundaries in the political and legal space are both debatable and rather painful, because they maximally confront us with reality, where life itself, our existence and vital values turn out to be dependent on the owner of sovereignty. This article attempts to reveal the construct of sovereign power. By the power holder — the sovereign, the author of the article understands the head of state as a single subject of political and legal relations. The nature of the sovereign’s power is elucidated through the state interest determined by the state of emergency.

TRIBUNE FOR YOUNG SCIENTIST

171-177 155
Abstract

This article is dedicated to the study of one of the categories of the sentence — modality. Many domestic linguists define this category as the attitude of the speaker to reality. Representing a complex phenomenon,it does not have a clear definition and according to many linguists requires clarification. The article presents the main provisions from the works of V. V. Vinogradov, who compiled a voluminous list of means denoting modal meanings, and G. A. Zolotova. The definition of the concepts of objective and subjective modality is given according to the «Russian grammar» (of 1980) and the «Linguistic encyclopedic dictionary». The means of expressing subjective modality are analyzed in journalistic style texts by means of an example of online newspaper «Culture». Cases of expression are identified and considered at the level of simple and complex sentences. It is noted that the subjective modality is associated with the use of lexical repetition, phrases, introductory words, separate, interjections, words that cause desire, possibility, intention or non-union complex sentences, complex sentences, unions and allied words. It was found in the article that the subjective modality is mostly expressed by using units of lexical and syntactic levels.

178-185 105
Abstract

The article considers the influence of traditional and innovative technologies on the process of learning a foreign language by law students, investigates their educational potential, identifies advantages and disadvantages. The author presents the prospects of integration of “Foreign Language in Law” and artistic means (literature, music, cinema) as a means of vocabulary expansion, introduction to the socio-cultural reality of the country of the studied language, development of students’ creative potential, removal of psychological barriers to communication in a foreign language. Examples of working out professional lexical units and grammatical structures with the help of song compositions are given. The positive influence of cinema on moral and ethical development of youth is also noted.

OFFICE BOOKSHELF

 
186-187 66

DIGEST OF THE FACULTY ACTIVITIES

LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals

LAW IN HISTORICAL REFRACTION. Legal Monuments

POSTSCRIPT. OUT OF CURIOSITY

НА ДОСУГЕ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)