Nadezhda Kirichenko Jan 20, 2015:

etc. в данном случае классификация по субъекту принятия соответствующего акта (судебного или иного)
и понятно, что judgment / ruling / decision / order - можно использовать для суда
Decree - это больше подходит для нормативно-правовых актов (постановление правительства, например)
для органов дознания и следствия подходят warrant (то, что связано с арестом, в основном), record of proceedings (протокол), а в остальных случаях, пожалуй "order" (e.g. investigative order)

Nadezhda Kirichenko Jan 20, 2015:

court order :) Понятно, что в данном случае речь об уголовном процессе. Но в качестве общего вопроса: А как судебный приказ переводить будем (как разновидность постановления)? :) На самом деле, идентичный вариант подобрать невозможно. Я всегда исхожу из того, что надо развести понятия и использовать выбранные термины единообразно по тексту (можно еще транслитерацию в скобках использовать).

Maria Furaeva (asker) Jan 18, 2015:

The Misha, I still didn't see your option, or did I miss it?

The Misha Jan 18, 2015:

Evgeny, I am well aware of the glorious Russian tradition here, if maybe not in so many details as yourself (but then, you are a Russian-trained lawyer, right? Me, I am a mere US-trained bean counter:-)). That, of course, leads us to the eternal question of reconciling Soviet law with common law, and whether we are translating for technical precision or comfort of the target audience - and what is the intended audience here anyway? We are not going to reopen that particular can of worms on a lovely Sunday such as this one, are we? Hopefully, yours is better than mine too - it is raining in NY, and I have tons of work to do. Ouch.

Evgeny Artemov (X) Jan 18, 2015:

The customers give a lot of damn. Are you trying to seriously tell me to translate official/legal cop stuff relying on flicks?
I never saw raised brows when it came to who gave orders to whom to do what. And that included defence counsel at UNHRC. Lawyers are quick minded enough to suss foreign procedure.

The Misha Jan 18, 2015:

They don't give a damn:) In the common law-based American tradition (and most likely, British too), police detectives that investigate crimes do not give any orders. They may arrest a suspect in an emergency, or when they suspect a crime may be in progress, but once delivered to the station the perp doesn't have to testify, at least not without his lawyer being present. An investigator may "invite" the person of interest to come in and give testimony, or visit the suspect and ask questions, but they can't as a matter of law make anyone answer. When they have enough evidence, they go see a judge who issues a warrant (order), and then the suspect has to talk or face possible obstruction of justice charges. Naturally, detectives can (and often do) give folks a choice: we ask you nicely, and you tell us nicely, and that's all there is to it - or we can go get a warrant and come back, and turn your place upside down and drag you away. Still, reading that "the investigator issued an order" sounds very, very strange to an American ear. Nikakikh usloviy dlya raboty, I know:)

Do yourself a favor and watch some Law and Order. It's a great resource for any into English legal translator. Fun too.

Evgeny Artemov (X) Jan 18, 2015:

The Misha, thanks. Don't forget the jurisdiction. In Russia -- and the context is Russia -- investigator is a dolzhnostnoe litso having discretionary powers to order things as listed above -- equal to judicial discretionary powers in this particular respect in the US.
Должностные лица are officers who are given such discretionary powers under law. These are, eg, tax inspectorate directors (and their deputies acting in their name), police station chiefs, ship captains, and all investigators (who are NOT field officers and do NOT take orders. Their order may be annulled by judges, but judges do not give them procedural directions or orders). Дознаватели are field officers and have no such powers.
That a postanovlenie may be in the name of operupolnomochenny is news to me.

Maria Furaeva (asker) Jan 18, 2015:

If investigators and field officers don't give orders then what do they give?

The Misha Jan 18, 2015:

Evgeny, I respectfully disagree Investigators and field officers don't give orders - they take them. Only judges and courts give orders, at least that's how it is in my neck of the woods. In my experience, there is no one universally, or even predominantly accepted convention on this postanovleniye/resheniye/opredeleniye/etc. business. It usually comes down to client - and in the absence of those, the translator's - preferences. I have my own to be sure, which different clients may or may not share. At the end of the day, it matters none one way or another, as long as a specific set of terms is used consistently.

Evgeny Artemov (X) Jan 18, 2015:

Поcтановление по вопросам процесса -- всегда "оrder".