Problems of Adaptation of Borrowings and Excessive Use of Borrowed Words in the Civil Codes of Post-Soviet Countries (on the Example of Kazakhstan)

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21 (forthcoming)
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Abstract

The purpose of the study was to identify problematic aspects of the use of borrowed terms in the regulation of civil law relations. The study included an analysis of the use of borrowings in the Civil Code of Kazakhstan, conducting a survey to determine the attitude of Kazakh lawyers toward the use of borrowings, the results of which were subjected to statistical processing and comparative analysis, and an analysis of the use of borrowings in the civil law of other countries and EU law, and comparing the specifics of such borrowing with the use of borrowings in the law of Kazakhstan. The analysis of the Kazakh-language version of the Civil Code of the Republic of Kazakhstan has shown that the specificity of borrowings in the civil legislation of Kazakhstan is that the Kazakh language was strongly influenced by the Russian language at the time when it was part of the Soviet Union and since then Russian terms have been firmly entrenched in it. A lot of borrowed words and inconsistencies in the terminology of the Kazakh version of the Civil Code are identified, which leads to the conclusion that there is a problem of preserving the linguistic purity and identity of the Kazakh legal language. An examination of the attitude of the selected respondent group to borrowings contained in the Civil Code of Kazakhstan showed that respondents demonstrated a higher level of confidence and acceptance in terms with an established translation while showing less enthusiasm for borrowed legal terms. The study of borrowings in world legislation, including EU law, confirmed that borrowing should be considered as a natural phenomenon for the formation of the legal vocabulary of any language, but the consequences of such borrowing are largely determined by its context. In the present stage of the development of society and the globalisation of international legal cooperation, the main purpose of borrowing should be to simplify legal communication. The terminology of the Kazakh-language version of the Civil Code needs to be revised, and the Kazakh legal language is subject to reform to preserve the linguistic integrity of the Kazakh language.

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