For citation:
Zarubina M. N. The principle of the state language as a determinant of preservation of cultural traditions of people in modern civil proceedings: Problems of judicial competence and preparatory procedure. Journal Izvestiya of Saratov University. Economics. Management. Law, 2026, vol. 26, iss. 3, pp. 329-338. DOI: 10.18500/1994-2540-2026-26-3-329-338, EDN: XOJDOO
The principle of the state language as a determinant of preservation of cultural traditions of people in modern civil proceedings: Problems of judicial competence and preparatory procedure
Introduction. The right to judicial protection in one's native language ensures the adversarial nature and transparency of civil proceedings and serves as a guarantee and embodiment of all procedural actions in the administration of justice. However, the system-forming influence of the principle of the state language on the course of legal proceedings is somewhat underestimated in modern judicial practice. Procedural legislation also contains uncertainties and limitations regarding the preservation of cultural identity in terms of ensuring access to justice. Theoretical analysis. In modern academic doctrine, the principle of the state (national) language is viewed as a guarantee of the effective administration of justice for the purpose of maintaining equality of parties in a multinational state. However, this study revealed that maintaining the legal guarantees for choosing one’s native language when applying to court and during civil proceedings depends largely on judicial discretion, with the criteria for applying this discretion not being defined in this case. Specifically, it was found that judges do not always have sufficient competence to determine the parties’ command of Russian or the interpreter’s qualifications. Furthermore, procedural law significantly limits the conduct of legal proceedings and office work in the language of a constituent entity of the Russian Federation. Empirical analysis. It has been revealed that the implementation of the state language principle remains unresolved in contemporary Russian procedural legislation and judicial practice. The complexity and unpredictability of the grounds for appointing an interpreter and transitioning to a civil case in another language reduce access to justice and guarantees of an adversarial judicial process. Results. The article demonstrates that the trinity of “publicity, adversarial proceedings, and the language of legal proceedings” cannot function in isolation. It is concluded that it is advisable to create a comprehensive state program to identify issues related to the use of native languages in interactions with government agencies and the judiciary. Judicial competence to establish rules for conducting legal proceedings, including those related to the choice of the language of legal proceedings, must be exercised at the stage of preparing a case for a trial.
- Aktual’nye problemy grazhdanskogo i administrativnogo sudoproizvodstva [Yarkov V. V. (ed.) Current issues of civil and administrative procedure]. Moscow, Statut, 2021. 460 p. (in Russian). EDN: KXHDME
- Grazhdanskoe protsessual’noe pravo [Krasheninnikov P. V. (ed.) Civil Procedural Law. 2nd ed. rev. and suppl. Vol. 1. General part]. Moscow, Statut, 2022. 550 p. (in Russian). EDN: GMZVLT
- Mochalov A. N. Ethnic and cultural diversity as a category of constitutional law. Courier of Kutafin Moscow State Law University (MSAL), 2025, no. 9, pp. 159–169 (in Russian). https://doi.org/10.17803/23115998.2025.133.9.159-169, EDN: BMZRMY
- Kropachev N. M., Kondurov V. E. Strategy of the state nationalities policy of the Russian Federation until 2036: Strategic document as an act of integration. Vestnik of Saint-Petersburg University. Law, 2026, vol. 17, no. 1, pp. 4–14 (in Russian). EDN: VZHVKM
- Kuznetsov O. Yu. The concept of “Language of Legal Proceedings” in the system of Russian procedural legislation. Modern Law, 2005, no. 4, pp. 46–52 (in Russian). EDN: WYNWHV
- Osokina G. L. Grazhdanskiy protsess. Obshchaya chast’ [Civil procedure. General part. 3rd ed., rev.]. Moscow, Norma, INFRA-M, 2013. 704 p. (in Russian). EDN: QWXKUD
- Nefedyev E. A. Uchebnik russkogo grazhdanskogo su doproizvodstva [Textbook of Russian civil procedure]. Moscow, Publishing House of Imperial Moscow University, 1909. 403 p. (in Russian).
- Nuriev A. G. Implementation of the principle of the national language of legal proceedings in civil proceedings. In: Printsipy grazhdanskogo, arbitrazhnogo i administrativnogo sudoproizvodstva: problemy teorii i praktiki [Principles of Civil, Arbitration and Adminis trative Proceedings: Problems of Theory and Practice. Collection of scientific articles / comp. and ed. by L. V. Voytovich]. St. Petersburg, Asterion, 2021, pp. 189–192 (in Russian). EDN: NGNSGQ
- Ilyukhina V. A. An inter-branch principle of the language of judicial proceedings in Russian and Armenian law (the comparative analysis). Administrator suda [Court's Administrator], 2022, no. 3, pp. 44–49 (in Russian). https://doi.org/10.18572/2072-3636-20223-44-49, EDN: VTCSDJ
- Blazheev V. V. Grazhdanskiy protsess [Civil Procedure. 2nd ed.]. Moscow, Prospect, 2023. 688 p. (in Russian). EDN: NQQFIH
- Zhuikov V. M., Zavriev S. S. (eds.) Problems of Implementing the Principles of Civil Procedure in Law Enforcement Activities. Moscow, Norma, INFRA-M, 2024. 416 p. (in Russian). https://doi.org/10.12737/2090017, EDN: BREFFH
- Valeev D. Kh., Nuriev A. G., Shakiryanov R. V. Practical and doctrinal issues of the use of state languages of the constituent entities of the Russian Federation in procedural branches of law on the example of civil proceedings. Arbitrazhnyj i grazhdanskiy protsess [Arbitration and Civil Procedure], 2020, no. 3, pp. 16–23 (in Russian). https://doi.org/10.18572/1812383X-2020-3-16-23, EDN: KCDKJC
- Mochalov A. N., Kuznetsova S. S. Regulatory framework for the rights and interests of indigenous peoples in the Northern, Siberian, and Far Eastern regions in the language field (federal perspective). In: Sovremennye problemy konstitutsionnogo, trudovogo i predprinimatel’skogo prava [Modern Problems of Constitutional, Labor and Business Law. Collection of scientific articles]. Ekaterinburg, Ural State Law University Publ., 2026. pp. 56–70 (in Russian). EDN: SJZEJM
- Baturina N. A. Violation of the rules on the language of court proceedings as grounds for overturning a judicial act. Rossiyskiysud’ya [Russian Judge], 2026, no. 1, pp. 2–6 (in Russian). EDN: YXGDQM
- Administrativnoe sudoproizvodstvo [Voronov A. F., Molchanov V. V. (eds.) Administrative procedure]. Moscow, Statut, 2024. 674 p. (in Russian).
- Torbin Yu. G. The unified register of court interpreters as an organizational and legal form of ensuring their participation in criminal proceedings. Economic Problems and Legal Practice, 2024, vol. 20, no. 4, pp. 108–113 (in Russian). EDN: XTPSBG
- Shakitko T. V. Translator in civil proceedings: Discussion issues of procedural legal status. Modern Law, 2026, no. 2, pp. 75–77 (in Russian). https://doi.org/10.25799/NI.2026.28.38.015, EDN: TQSNOD
- Treskov A. P. Definition of the constitutional law principle of the language of judicial proceedings in Russia based on the analysis of its properties. Russian Justice, 2023, no. 2, pp. 76–80 (in Russian). https://doi.org/10.52433/01316761_2023_02_76, EDN: ASBJJN
- Chaplinsky A. V., Knutov A. V., Alimpeev D. R. The comprehensibility of judicial language: An empirical study of the content and syntax of judicial decisions. Statute, 2024, no. 2, pp. 159–177 (in Russian). https://doi.org/10.37239/0869-4400-2024-21-2-159-177, EDN: PQVKQN