The non-governmental organization "Public Movement "Social Unity" appealed to the Ministry of Justice of Ukraine with a letter dated 04.04.2023 No. 15/04-23myu (entry No. 50634-33-23 dated 04.04.2023) regarding the legal grounds for engaging a sign language interpreter and about known Organization of cases of discrimination of the deaf when performing notarial acts in connection with the refusal to engage a sign language interpreter.
In the response of the Ministry of Justice of Ukraine No. 46000/50634-33-23/37.1 dated 13.04.2023 to the appeal of the Non-governmental organization "Public Movement "Social Unity" it was stated that the Letter of the Ministry of Justice of Ukraine dated 05.01.2022 No. 1198.149073-33-21/ 37.1 territorial bodies are instructed to bring to the attention of state notary offices, state notary archives and private notaries information on the legal grounds for the involvement of sign language interpreters. Among other things, the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1 states that "Registries of sign language interpreters, which are implemented and maintained by non-governmental organizations, serve as additional means of checking the qualifications of a sign language interpreter."
We believe that this provision of the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1 is subject to official refutation by the Ministry of Justice of Ukraine in order to prevent further cases of discrimination against the deaf.
When considering the means of checking the qualifications of any specialist (in this case, a sign language interpreter), one should first of all be guided by the provisions of the current legislation of Ukraine, and not by the information posted on the web pages of individual public associations.
In accordance with the provisions of Part 5 of Art. 34 of the Law of Ukraine "On Education", an educational qualification is recognized by an educational institution or other authorized entity of educational activity and certified by a relevant document on education as a set of educational results (competencies) established by the education standard and acquired by a person.
According to Part 6 of Art. 34 of the Law of Ukraine "On Education", a professional qualification is recognized or assigned/confirmed by an entity authorized to do so by legislation, and certified by a relevant document, a standardized set of competences and/or learning results acquired by a person, which enables the performance of all labor functions defined relevant professional standard.
According to Part 9 of Art. 34 of the Law of Ukraine "On Education", educational qualifications are awarded, recognized and confirmed by educational institutions or other subjects of educational activity.
Professional qualifications are assigned/confirmed and recognized by subjects authorized to do so by legislation, in particular by subjects of educational activity.
Therefore, in view of the provisions of Art. 34 of the Law of Ukraine "On Education", professional qualifications are confirmed by subjects authorized to do so by legislation, in particular by subjects of educational activity.
According to the provisions of the current legislation of Ukraine, non-governmental organizations are NOT subjects defined by the current legislation of Ukraine, authorized to assign/confirm and recognize professional qualifications. And therefore, neither the main nor the additional means of checking the qualifications of a sign language interpreter are and cannot be the information contained on their web pages.
According to the provisions of clauses 1.6., 1.9., 1.10. The professional standard "Sign Language Interpreter (Sign Language Interpreter)", approved by the order of the Ministry of Social Policy of Ukraine dated February 19, 2019 No. 243, defines the professional qualifications of a sign language interpreter (sign language interpreter) and a senior sign language interpreter (sign language interpreter) in Ukraine.
The conditions for admission to work as a sign language interpreter are the professional qualification "Sign language interpreter (sign language interpreter)" and/or "Senior sign language interpreter (sign language interpreter)".
Clause 1.10 of the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)" establishes that the documents confirming the professional qualification of a sign language interpreter are:
- Diploma of a qualified worker in the profession of "sign language interpreter (sign language interpreter)" and supplement to the diploma of a qualified worker in the profession of "sign language interpreter (sign language interpreter)".
- Certificate of assignment (improvement) of labor qualification for the profession "sign language interpreter (sign language interpreter)" and appendix to the certificate of assignment (improvement) of labor qualification for the profession "sign language interpreter (sign language interpreter).
- Junior bachelor's degree in sign language translation (sign language translation), qualification "sign language translator (sign language interpreter)".
Any separate additional verification of the professional qualifications of a sign language interpreter, apart from his presentation of a corresponding document from the list specified in clause 10 of the Professional Standard, is not required by the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)" or any other provisions of the current legislation of Ukraine.
The wording in the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1 regarding the information contained in the Registers of sign language interpreters maintained by individual public associations, "...serves as additional means of checking the qualifications of a sign language interpreter", misleads notaries about the need, and even the possibility, of a separate additional verification of the professional qualifications of a sign language interpreter using this tool.
Indeed, some public associations of persons with disabilities create their own databases of sign language interpreters who work within their structures. Such a database, for example, is available at the All-Ukrainian non-governmental organization of people with hearing disabilities "Ukrainian Society of the Deaf" under the name "Register of Sign Language Interpreters". Also, a database called "Register of Sign Language Interpreters" is available in the Non-governmental organization "All-Ukrainian Association of Sign Language Interpreters and People with Disabilities" (https://uaslt.org/roster/). At the same time, these "Registers" contain information only about those sign language interpreters who are either members/participants of these non-governmental organizations, or who work in the structure of these non-governmental organizations and related business entities.
According to the information posted on the website of the Ukrainian Society of the Deaf in the section "Register of sign language interpreters" (https://utog.org/perekladachi/reestr-perekladachiv), "the register contains information exclusively about sign language interpreters who have passed certification in to the Ukrainian Association of the Deaf on the level of mastery of sign language".
At the same time, the current legislation of Ukraine, in particular, the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)", approved by the order of the Ministry of Social Policy of Ukraine dated February 19, 2019 No. 243, does not require certification of sign language interpreters.
In addition, the "Register of Sign Language Interpreters", which is administered by "UTOG", contains generally false information about the granting of "the right to translate in the legal field" to only some interpreters.
Namely, on the web page of VGOI "UTOG" in the section "Register of Sign Language Interpreters" (https://utog.org/perekladachi/reestr-perekladachiv) the following appeal is posted: "Pay attention! Not all, but only CERTAIN sign language interpreters are granted the right to translate in the legal field. These are sign language interpreters who are officials of the Ukrainian Society of the Deaf and bear responsibility for their actions."
At the same time, VGOI "UTOG" even issues a corresponding "insert" to the "certificate of a sign language interpreter" (also issued by VGOI "UTOG"), which "gives a sign language interpreter the right to translate in the legal field." At the same time, neither "sign language interpreter certificate insert" nor "sign language interpreter certificate", according to clause 1.10 of the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)" are documents confirming the professional qualification of a sign language interpreter.
The information posted on the website of VGOI "UTOG" in the section "Register of sign language interpreters" is completely contrary to the requirements of the current legislation for the qualification of a sign language interpreter and is aimed at deliberately creating a false impression both among sign language interpreters and the deaf community, and among other people (including notaries), about the need for sign language interpreters to obtain a special level of qualification in order to obtain the right to translate in the legal field. At the same time, VGOI "UTOG" "endows" the right to translate in the legal field exclusively to its own employees. The use by notaries of such an "additional means of verifying the qualifications of a sign language interpreter" that is not provided for by any normative legal act of Ukraine (but only by the requirements of a separate public association) limits the deaf in the choice of a sign language interpreter, prevents sign language interpreters from being admitted to the profession, creates unjustified advantages for translators - employees of specific organizations.
For many years, before the approval of the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)" by the order of the Ministry of Social Policy of Ukraine dated February 19, 2019 No. 243 and the standardization of requirements for the qualification of a sign language interpreter and the documents confirming it, notaries of Ukraine used the information "Register of Sign Language Interpreters languages" VGOI "UTOG" for the purpose of checking the qualifications of a sign language interpreter. VGOI "UTOG", stating on its web page knowingly false information, artificially creates conditions under which the participation of sign language interpreters during the performance of notarial acts is limited exclusively to their employees, thereby limiting the right of the deaf to free use of sign language and involvement in notarial services actions of a sign language interpreter, who has a corresponding document certifying his professional qualification as a sign language interpreter (which is contained in the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)"), but is not part of the structure of VGOI "UTOG".
Illegal requirements of notaries to sign language interpreters, which are put forward by them based exclusively on unreliable information that comes from a separate non-governmental organization, directly violate the rights of the deaf, not destroying existing barriers, but creating new ones.
Such destructive activity of a separate institution of civil society should not cast a shadow on the activities of state authorities, whose main tasks are to protect the rights and legitimate interests of all citizens of Ukraine and prevent cases of discrimination. And therefore, the information posted in the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1, according to which "Registers of sign language interpreters, which are introduced and maintained by non-governmental organizations, serve as additional means of checking the qualifications of a sign language interpreter" is subject to official refutation by the Ministry of Justice of Ukraine in order to prevent further cases of discrimination against the deaf.
According to paragraphs 69, paragraph 4 of the Regulation on the Ministry of Justice of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated July 2, 2014 No. 228, the Ministry of Justice, in accordance with the tasks assigned to it, generalizes and regulates notarial practice, prepares clarifications for notaries and authorized persons on issues , belonging to the competence of the Ministry.
The main goals of the activity of any non-governmental organization in Ukraine are the implementation and protection of rights and freedoms by citizens of Ukraine in relations with state authorities and local self-government bodies, other public associations, physical and legal entities, international organizations, etc.
The right to join non-governmental organizations is a right guaranteed by the Constitution of Ukraine, in Art. 36 of which it is stated that citizens of Ukraine can freely join political parties and non-governmental organizations to exercise and protect their rights and freedoms, as well as to satisfy political, economic, social, cultural and other interests.
The Constitution of Ukraine gives everyone the right to appeal, and given the absence of a regulatory act in the current legislation that would regulate the consideration of appeals by non-governmental organizations, as well as considering the fact that a non-governmental organization is an institution that acts on behalf and in the interests of its members (in particular, citizens of Ukraine), realizes their rights, contributes to the protection of the rights of citizens of Ukraine and the restoration of such rights in the event of their violation, the provisions of the Law of Ukraine "On Citizens' Appeals" apply to appeals by public associations.
According to Part 1 of Art. 15 of the Law of Ukraine "On Appeals of Citizens", state authorities and their officials, whose powers include consideration of applications (petitions), are obliged to objectively and timely consider them, verify the facts stated in them, make decisions in accordance with current legislation and ensure their implementation, inform citizens about the consequences of consideration of applications (requests).
In accordance with Part 3 of Art. 15 of the Law of Ukraine "On Appeals of Citizens", the response to the results of consideration of applications (petitions) is mandatory by the body that received these applications and whose competence includes the resolution of the issues raised in the applications (petitions), signed by the manager or person, which fulfills his duties.
On the basis of the above, guided by the provisions of paragraphs 69, item 4 of the Regulation on the Ministry of Justice of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine dated July 2, 2014 (No. 228), Art. 15 of the Law of Ukraine "On Appeals of Citizens", we ask you, within the limits of your competence:
- refutation of the information specified in the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1, according to which "Registers of sign language interpreters, which are implemented and maintained by non-governmental organizations, serve as additional means of checking the qualifications of a sign language interpreter"; to prepare for notaries and authorized persons additional clarification on the legal grounds for involving sign language interpreters in notarial acts and a comprehensive list of documents confirming the professional qualifications of a sign language interpreter (sign language interpreter);
- to inform the Organization about the measures taken to inform notaries about the comprehensive list of documents that confirm the professional qualifications of a sign language interpreter (sign language interpreter) involving sign language interpreters in the performance of notarial acts;
- inform the Organization about the results of consideration of this appeal.
