Реформулировки в тексте комментария к российскому законодательству в сфере интеллектуальной собственности
The changes taking place today in Russian legislation, with all its new subtleties, raise the issue of making legal language comprehensible to the ordinary citizen. Dealing with this question largely depends on improvements in juridical procedures and making use of the best possible linguistic resources. At the same time, there are some areas of legislation where typically, on the one hand, there are profound changes in the laws themselves while on the other hand, they are governed by their relationship to this law. These areas include that of intellectual property rights, which are codified in the Russian Federation’s Civil Code, Chapter IV. The wording used in the chapter in question was used as material for discussion regarding the clarity and comprehensibility of legal texts. It was found that, in its legal formulations, this document uses an excessive amount of new and borrowed terms, approximate and ethical concepts, nominalizations and complex syntactic structures, thus making it more difficult to make sense of the legislation. In overcoming comprehension difficulties regarding new legislation a key role is played by the practical commentary which accompanies the law. Acting as a kind of text-broker, this commentary interprets and clarifies the law, thereby fostering the successful understanding of legal rights throughout the whole population. The commentary examined in the current study offers guidelines regarding recommendations for the application of provisions pursuant to Part IV of the Russian Federation Civil Code, issued by the Russian Federation Chamber of Commerce and Industry. This text is of linguistic interest in terms of its structure, core content and discourse techniques which aim to ensure that anything that cannot be understood by the layman is “filtered out”. The methods adopted in the comparative analysis of the legal–normative text and the commentary were those employed in other works analysing the reformulation of acts in different forms and types of communication. The unit of analysis adopted was the minimum commentary unit – the main component of any commentary text. In the Guidelines the size of the unit may vary, extending over one or more sentences or even paragraphs. It is made up of various combinations of the following components: a reference to a commented-on text, a direct quote from a legal text, a reformulated norm (with or without indication) and the actual commentary itself, as well as metacommunicative devices accompanying other components of the unit which is being commented on. This article offers an analysis of some of the most productive types of reformulating techniques found in the Guidelines. These are principally: exemplification, renaming, syntactic simplification and rearrangement, enumeration and precision.
EUT Edizioni Università di Trieste
Liana Goletiani, "Реформулировки в тексте комментария к российскому законодательству в сфере интеллектуальной собственности", in: Slavica Tergestina, 13 (2011), pp. 184-2011