THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
122
LEGAL CREATIVITY AND STANDARDS FOR THE USE OF TERMS
Umarova Diyoraxon Fazliddin qizi
Andijan state foreign languages institute, student of the
Faculty of Andijan state foreign languages KF Korean 24-1 group
Pazilova Nasibaxon Muxammadkasimovna
Scientific supervisor, Andijan
state foreign languages institute
https://doi.org/10.5281/zenodo.15558902
Annotation.
The article studies peculiarities of legal terms that are part of
the terminological system. It also discusses legal creativity and standards for the
use of terms in linguistics.
Keywords:
terms, layer, legal concepts, national values, technical tool, etc.
The main layer of legal language lexicon consists of legal terms. The
linguistic units and terms used in legislation, which have been formed over the
years and improved thanks to independence, are distinguished by their official
nature. This rich linguistic layer is a testament to our great national values and
the existence of Uzbek statehood and law.
The quality of discoveries related to branches of law and the supremacy of
laws are directly related to the skillful use of linguistic tools, particularly terms,
which can be likened to a sea. In the current process of taking practical steps
towards further improving a legal democratic society, reforms related to
ensuring human rights and freedoms, achieving the supremacy of laws, and
establishing a consistent and comprehensive public administration system are
underway. In this context, creating a "new generation" of various terminological,
orthographic, explanatory, and encyclopedic dictionaries and manuals related to
the language and style of laws, legal terminology, and branches of jurisprudence
is one of the most pressing issues.
Due to the ongoing enhancement of our independence, the adoption of
various laws related to human rights is, in turn, causing the emergence of
thousands of new legal terms. This is because the birth of any concept or event
in social life leads to the enrichment of terminology as its reflection. However,
when emerging legal concepts find their expression in language as words or
terms, they must be formed and articulated based on the peculiarities of the
national language. For instance, are the legal terms being selected and entering
daily communication accurately expressing the specific names of events,
phenomena, and concepts? Do the equivalents of terms being assimilated from
other languages correspond to the standards of the literary language in Uzbek,
or not? It would be advisable if these issues could find their precise solutions
through collaboration between lawyers and philologists. Lawmakers are
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
123
required to study knowledge related to statehood, legislation, and the field of
jurisprudence in connection with the state language, taking into account the
unique peculiarities, stylistics, and terminology of that language, as it is a
necessity of life.
Since our republic gained independence, around 400 laws have been
adopted. This is undoubtedly a positive development. Each adopted law serves
the well-being of individuals and the progress of society. Although the majority
of these laws have been drafted in accordance with the norms of the literary
language, some of their provisions still require editing and are linguistically
incomplete.
The language of the law is a structural component of the literary language
and is a form of language that demands specific lexical, terminological,
grammatical, and stylistic standards. Even the incorrect use of a single word,
term, or punctuation mark in a legal text can lead to stylistic inaccuracies and
ambiguities. Therefore, every law that is submitted for parliamentary approval,
and each of its provisions, must be drafted in compliance with the norms of the
literary language. This is crucial because the essence of laws and each of their
provisions affects the fate and circumstances of individuals.
In various legal sources (laws, decrees, textbooks, various educational
manuals, treatises, legal journals, terminological dictionaries, etc.), it is often
unjustifiable to use several terms for the same concept. For example:
governance-authority, suspect-suspected, directive-indication, partnership
joint-stock company-joint-stock company, criminal case-judicial case, parties-
sides, upper house-senate, lower house-legislative chamber, etc. Many more
such examples can be given. Such situations arise due to our legal scholars not
fully grasping the requirements that should be placed on terms and the norms of
the literary language. In fact, terms should be like people with a passport,
formalized and approved by state authorities before they can be adopted into
social life. In the field of world linguistics, there are universally accepted
principles regarding the essence of terms. One of these is: The term performs a
nominative function. The meaning of a term must be equivalent to the concept it
represents. Since in a terminological system, a term is unambiguous, meaning it
is monosystemic, its meaning is equal to the concept. In other words, terms are
special formal words that express a single meaning.
To be more precise, the number of legal concepts in a language should
correspondingly reflect the number of terms. A terminological system cannot
accommodate synonyms or duplicates. Therefore, the systematization and
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
124
standardization of legal terms is one of the pressing issues of our time. To
achieve this, compiling orthographic and explanatory dictionaries of legal terms
or publishing explanatory, bilingual, and encyclopedic dictionaries for every
branch of jurisprudence would yield the desired results.
In some legal articles, there are also errors and complexities in the use and
explanation of simple terms. For example, Article 40 of the Administrative
Responsibility Code explains, "Defamation, that is, spreading false information
known to be untrue that brings shame upon another person..." The term
"shame" in this context is used incorrectly from a stylistic perspective. It seems
that the legislative drafters did not consider referring to the existing
"Explanatory Dictionary of the Uzbek Language" while drafting this text. We
referred to the "Explanatory Dictionary of the Uzbek Language" and found a
beautifully articulated definition for the word "defamation": "An unfounded
accusation or slander made with the intent to blame or disgrace someone"
(Explanatory Dictionary of the Uzbek Language, Volume II, page 241).
Despite the existence of approximately 3,000 languages on Earth, there is
no language composed solely of pure words. In every language, due to
communication and relationships, words are borrowed from one language or
another. As a result, a layer of borrowed vocabulary emerges within the
language. Similarly, the lexicon of the Uzbek language includes a layer of words
borrowed from other languages (certainly from languages that are not related).
However, some words and terms have been adopted through a blind calque
from Russian and other European languages, which do not conform to the norms
and standards of the Uzbek literary language. Consequently, unnatural legal
terms arise. For instance, the term "Criminal Code" is incorrectly translated from
Russian (Уголовный кодекс). This term should ideally be used in accordance
with the norms of the Uzbek literary language as "A Collection of Laws on
Crimes and Punishments" or "Criminal and Punishment Code". The term
"Criminal Code" calqued from Russian refers to a collection of codes (laws
relating to crimes). Similarly, the term "Criminal Law" is stylistically awkward.
Upon closer examination, it becomes apparent that this refers to the law
governing crimes. From the viewpoint of the Uzbek language, it would be more
appropriate to call this "Criminal and Punishment Law" or "Principles of
Criminal Law". Additionally, the term "депутатское расследование" (deputy
investigation) translated from Russian does not align with the norms of literary
language. It is known that the Russian equivalent for "taftish" is "ревизия".
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
125
Translating this term as "deputy verification" aligns with the norms of the
Uzbek literary language and conveys a complete meaning. It is easy to
understand that the naming of the subject "Criminal Executory Law" has led to a
ridiculous situation due to its incorrect translation into Uzbek. In other words, if
we focus on the meaning of this term, it refers to the rights concerning the
execution and implementation of crimes. In fact, according to the norms of the
Uzbek literary language, it would be more appropriate to use this term in the
form of "Rights of Punishment Execution" or "Punishment Execution." At one
time, such terms were incorrectly translated from Russian without a semantic
translation and were introduced into the field. Over time, such terms have
become commonplace. This is an indication that specialists in the field of law
have not adequately mastered the laws of language. Such a situation is a result of
illiteracy. According to scholars, "not knowing the rules of language is the
highest punishment of fate."
Therefore, according to the laws of language, when adopting a word into
Uzbek from any other language, it is essential first to look for the equivalent of
that word within the Uzbek language itself. If an equivalent cannot be found in
Uzbek for words being adopted from other languages, it is preferable to carry
out a semantic translation rather than a word-for-word translation.
Used literature:
1. Керимов. Д.А. Законатетельная техника: науч.-метод. и учеб.
Пособие.М.:НОРМА ИНФРА-М 1998.
2. Керимов. Д.А. Култура и техника заканодельства. М.:юрид.лит.,1991
3. Карташев.В.Н. Юридическая техника, тактика, Н.Новгород ,2000.
4. Pazilova NEFFECTIVE WAYS OF TEACHING AND EXPANDING VOCABULARY.
ResearchJet Journal of Analysis and Inventions. ISSN: 2776-0960. Impact Factor:
7.655.
VOLUME
2,
ISSUE
5
,
MAY-2021.
Website:
http://reserchjet.academiascience.org
