Introduction

The aim of the study, which is to indicate the status of a disclaimer in the Russian and foreign legal systems when conducting forensic linguistic examination, defined the following logic of narration:

1. Specify the concept of forensic linguistic examination;
2. Consider approaches to the definition of forensic linguistic examination through the lens of domestic and foreign understanding;
3. To define the concept of a disclaimer;
4. Allocate types of disclaimers based on their own position;
5. To identify the status of a disclaimer during forensic linguistic examination.

According to the logic of the narrative, it is necessary for the study to specify the concept of forensic linguistic examination. An analysis of the definitions of foreign and domestic researchers showed how multidimensional the interpretation of this concept can be. Among the definitions available, some of the researchers identified as most relevant to this work and will be listed below.

As Unita Suryani writes in his paper, forensic linguistics is a science that examines language in relation to legal science as a device for proving judicial cases [1]. That is, judicial linguistic expertise should be considered as a science, without delving into its essence and distinctive features, which would overshadow it from other expertise.

Sayal Arimi puts forward the following definition: forensic linguistics is a branch of linguistics that can be used to analyze and parse legal cases through linguistic features. Moreover, he notes that Forensic linguistics can be applied through sound identification, discourse analysis in legal regulations, interpretation of the meaning of spoken or written statements, and analysis of language in law, for example, the language used by judges, prosecutors, or suspects [2]. This definition already focuses on the species of expertise, as well as the descriptive part concerning the application of judicial linguistic expertise regarding various forms of language expression.

Forensic linguistics is a specialized subfield of applied linguistics that explores the interaction between language and law. The discipline involves scientific analysis of language as it occurs in legal and judicial contexts, including written legal documents, courtroom discourse, police interviews, and public statements. Originally developed as a tool to support criminal investigations, forensic linguistics has evolved into an interdisciplinary field that plays a significant role in examining whether certain utterances can be classified as legally offensive or criminal. Здесь затрагивается вопрос становления экспертизы от простого средства до полноценной дисциплины [3].

Forensic linguistics is a specialized subfield of applied linguistics that explores the interaction between language and law. The discipline involves scientific analysis of language as it occurs in legal and judicial contexts, including written legal documents, courtroom discourse, police interviews, and public statements. In this definition, the author explains when judicial linguistic expertise can be applied, as in the previous example, and also considers the concept as a specialized field of applied linguistics. However, he adds the following: Originally developed as a tool to support criminal investigations, forensic linguistics has evolved into an interdisciplinary field that plays a significant role in examining whether certain utterances can be classified as legally offensive or criminal. Here is the question of the evolution of expertise from a simple tool to full discipline [3].

Special attention, in my opinion, deserve the interpretation of the studied concept by domestic authors. Some definitions, taken from the studies of Russian authors, focus on judicial linguistic expertise through the lens of applied activity, rather than a separate science or special discipline. This is a significant difference between the foreign and domestic vision of the concept. So, O. Gorbatenko suggests to consider the latter as «An independent type of forensic examination related to the examination of products of speech activity for the purpose of establishing facts (circumstances) with evidentiary force in a particular (criminal, civil, arbitral or administrative) case» [4]. There are other definitions in this line of research.

Thus, the group of authors proposes the following: «Forensic linguistic examination (hereinafter: FLE) is an independent activity of a procedural nature, in the framework of which a comprehensive linguistic analysis of a speech recorded on any material medium and acting as evidence is carried out». It is worth paying attention to the indication that there must be a material fixation of speech, which contradicts the definition of Sayal Arimy, where oral statements are indicated and can be given to the expert for analysis. Cases of appointment of experts «FLE may be appointed on controversial media texts in connection with criminal cases for extremism, incitement to inter-ethnic and religious enmity» have also been specified, but this is also not considered as a complete list compared to the definitions already discussed [5].

After analyzing the definitions of forensic linguistic examination, the most relevant topic of the study is the definition proposed by a group of Russian authors in terms of discretion of expertise as a practical activity, as well as embedding in a material medium in connection with further referencing of examples with the availability of disclaimers from judicial practice and video materials.

An equally important field of research is the one in which the genesis of the concept «disclaimer» is considered. In the Russian translation, this word may denote a reservation, warning and waiver of liability.

According to the information from the Big Russian Encyclopedia, a disclaimer expression that denotes an official explanatory or warning title at the beginning of an artistic or documentary work, mainly film or series [6]. The Cambridge dictionary considers a definition in two meanings. In the first, formal meaning of the diswriter is a formal statement saying that you are not legally responsible for something, such as the information given in a book or on the internet, or that you have no direct involvement in it [7]. Second meaning, specialized, related to the right: disclaimer a formal statement giving up your legal claim to something or ending your connection with it [7]. Another source says that the disclaimer is a statement  that is meant to prevent an incorrect understanding of something (such as a book, a movie, or an advertisement) [8]. The most suitable definition is the previous specialized definition of the Cambridge Dictionary.

In order to clarify the status of the disclaimer, it is necessary to consider it depending on the classification and at the specific stage of the forensic linguistic examination. Classification developed on the basis of court decisions.

Types of disclaimer:

1) Disclaimer of liability for the content of information that may violate the law in the area of public interest. (public interest  propaganda of war, incitement to national, racial or religious hatred and enmity, propaganda of drugs, extremism, Nazi symbols, etc.) [9].

2) Disclaimer of liability for the content of additional information which is by its very nature a reservation. («No liability for losses», additional loan terms, deposits etc.) [10, 11, 12, 13].

3)  Disclaimer of liability for the content of information that may violate the rights and interests of individuals (honour, dignity, good name, business reputation, insult to the senses of believers) [14].

It is important to note the universal application of the classification with respect to countries’ legal systems. This is the practical relevance and novelty of the classification.

The assumption of the possibility of using disclaimer in the Anglo-Saxon legal system has been confirmed during a detailed examination in the field of private law and in the subfield of constitutional law  electoral law [15, 16].

In the United States of America, a disclaimer is a fairly common legal institution. The application of a disclaimer, as well as certain legal consequences resulting from its use, are attributed in many laws of each state. An example is the Mississippi Code, the Indiana State Code [15, 16]. The use of a disclaimer is found in copyright, inheritance law, voting rights and so on. In the Russian Federation, only the Basic Standard for the Performance of Financial Market Transactions by an Investment Advisor is referred to as a disclaimer  [12]. It is also possible to consider disclaimers of reservations that are allowed by the legislation on advertising in the Russian Federation. In these examples, the disclaimer in Russia will be the second type of the classification given above, namely to contain additional information, for example in advertising as a detailed loan terms or warning that the advertisement is not a public offer.

Comparing US legislation regarding Russia, in the field of legal consequences when placing a disclaimer in areas of copyright, inheritance law, voting rights can be seen similarity only in copyright. Disclaimer in the copyright of Russia is expressed as a second type of classification (contains a mandatory reservation). For example, paragraph 2 of article 1275 of the Civil Code of the Russian Federation establishes a mandatory indication of the name of the author of the work and the source of the borrowing [17]. Failure to do so is a violation of the law. The same rule applies in the US. With regard to the electoral law, in the US there are mandatory conditions for the display of fabricated media in the pre-election campaign. It is detailed, in what form disclaimer should be depending on the format of electoral materials, what is its mandatory content. In Russia, this is not provided for by law.

In the course of forensic linguistic examination, based on the fact that our legislation does not apply to the institution of a disclaimer, its narrow application solely on individual issues and in a certain form, disclaimer is not of fundamental importance in Russia. The main purpose of forensic linguistic examination is to identify the meaning of a text, speech or word. The orientation of the text, notwithstanding the direct indication on the disc, shall be established and verified [18]. Adopting the Anglo-Saxon tradition of disclaimers is applicable only as a content of additional information, which does not contain in itself warnings about possible violation of public and private interests, as well as the adoption is applicable with simultaneous mention of a disclaimer as mandatory in law.

Research results:

1. The concept of forensic linguistic expertise has been concretized;
2. The approaches to the definition of forensic linguistic expertise through the prism of domestic and foreign understanding have been considered;
3. The concept of disclaimer has been defined;
4. The types of disclaimers based on their own position have been highlighted;
5. The status of the disclaimer during the forensic linguistic examination has been revealed.

Conclusion

The aim of the study, which was to indicate the status of a disclaimer in the Russian and foreign legal system when conducting forensic linguistic examination, was achieved.

The novelty and practical significance of the study carried out is that it has developed its own classification by type, applicable to different legal systems.

Finally, it can be stated that in order to account for a disclaimer containing only additional information, it is necessary to enshrine it in law as mandatory when performing forensic linguistic examination. If you do not specify this, the disclaimer comes in second place to the definition of text direction directly.