On the use of foreign language legal terminology by origin of civil legislation

Abstract

The issues of using foreign language legal terminology by origin in civil law determine the subject of this study. The purpose of the study is to consider issues related to the use of foreign language legal terminology by origin of the civil legislation of the Republic of Kazakhstan, as well as to develop recommendations aimed at improving the quality of the use of legal terminology from a borrowed word. The research used the general scientific dialectical method of cognition, as well as general, special and particular research methods: formal legal, comparative legal, historical comparative, systemic, normative, logical and legal, and the method of expert assessments. The authors of the article formulated the concepts of «foreign language term» and «foreign language terminology» in civil legislation. The paper analyzes the positive and negative aspects of the use of foreign language legal terminology in civil legislation. The analysis showed that the rules for borrowing foreign language legal terminology by origin from a borrowed word are not regulated at the legislative level. The authors propose to consolidate in the Law of the Republic of Kazakhstan «On Legal Acts» the norm governing the use of foreign language legal terminology. The next suggestion, which is formulated in the article, is to publish a dictionary in a book version in the state and Russian languages. This dictionary should be posted on the national site «Termincom.kz», that would be accessible to everyone. In addition, it would be appropriate to assign to such a dictionary the state status. It should contain the entire conceptual apparatus of the domestic normative array, including the terminology of civil law and explanation of the procedure for its formation in a special normative act.