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Art. 23 of the Constitution of the Russian Federation. Everyone has the right to privacy. Art. 137 of the Criminal Code. Privacy Violation

In Russia, everyone has the right to privacy. It is of particular importance in ensuring the individuality of specific individuals in their relations with the state. The inviolability of private life and home has an inextricable connection with such categories as freedom, equality. Its value lies in the fact that the level of its observance determines the social position of the individual. Consequently, the human right to privacy indicates the degree of development of society itself. In this regard, the problem of finding the optimal model of interaction between the individual and the state, as well as citizens with each other, does not lose its relevance for a long time. right to privacy

General information

It is known that the modern concept of freedom, one of the key elements of which is the right to privacy, is the result of the continued development of society. History indicates that the formed notions of inalienable, inborn individual legal opportunities underlie the current regulatory status of the individual. Modern researchers quite rightly point out that officially the right to privacy was secured only in the middle of the 20th century. Meanwhile, one should not forget that it is a multi-level and capacious concept, which includes many social relations.

History reference

Reflections on the existence of privacy are present in the works of Aristotle. He, like Plato, studied the state through the unity of its elements. Meanwhile, the excessive desire for complexity, expressed in the community of children and wives, according to Aristotle, leads to degradation and the subsequent destruction of statehood. The philosopher made the first attempts to justify the need for non-interference of power in such areas as marriage and family relations, upbringing, domestic life, etc. In his works Aristotle consistently sought to exclude from the sphere of action of the state the interaction of wives and husbands, children and fathers, slaves and masters.

Epicurus Theory

It is considered one of the first concepts of legal individualism and liberalism. The contractual interpretation presupposes the existence of such values ​​as pleasure, freedom, ataraxia (serenity of the spirit). All of them are individualistic. In the works of Epicurus, one can see reflections on privacy. He studied it through the prism of individual freedom. She, according to Epicurus, expresses the degree of responsibility of a person for his reasonable choice of lifestyle. Freedom, according to the author, is out of necessity, since the latter is not liable. Of course, the ideas about the sphere of private life that have developed in ancient times are very far from modern. But rich experience allows us to better understand the logic of the formation and subsequent development of ideas, to respect the foundations and problems of translating values ​​in the current conditions in different regulatory systems. Article 23 of the Constitution of the Russian Federation

Normative base

The content of this concept has undergone many changes. In Russia in 1936 the Constitution was adopted. The right to privacy in it was first officially secured. In 1948The UN Declaration was adopted. Article 12 of the document prohibits arbitrary interference with one’s privacy, encroachment on the inviolability of the home, confidentiality of the person’s correspondence, reputation and honor. In 1976, these bans were duplicated in the International Covenant. These international documents acted as the very first guarantees of the right to privacy. Their provisions were reflected in the fundamental regulatory act of 1977. In 1978, they were duplicated in the new Constitution. The modernization of the political system required the approval of the Declaration. November 22, 1991 this regulatory act was adopted. Article 9 of the Declaration established the right to privacy, confidentiality of correspondence, telegraphic and other communications, as well as telephone conversations. Restrictions are allowed only by virtue of normative acts or by a court decision. At the same time, the right to protection of personal data was separately stipulated. The norms established that the storage, collection and use of information about the subject is allowed only in exceptional cases.

Current regulations

In 1993, a new Constitution was adopted at an all-Russian referendum. In it, the citizen is proclaimed the supreme value. Of particular importance today is Art. 23 of the Constitution of the Russian Federation. On its basis, inalienable values ​​are protected. The norm establishes the right to privacy, family, personal secrets. It also enshrines the responsibility of the state for protecting the honor and good name of a citizen, ensuring the confidentiality of correspondence, mail and other messages, as well as telephone conversations. Art. 23 of the Constitution of the Russian Federation allows restrictions only by court order.

Art. 24 permits the collection, use, distribution and storage of information about the subject only with his consent. In this case, the territorial and state authorities are obliged to provide any person with the opportunity to get acquainted with materials and documents affecting his freedom, unless otherwise provided by law.

The inviolability of private life is also spoken of in other normative acts regulating various social relations. For a sufficiently long period, the provisions were declarative in nature. However, today, in connection with the proclamation of democracy in Russia, the role of the institution of the inviolability of personal life is becoming increasingly important. Currently, it is under state protection. Article 137 of the Criminal Code of the Russian Federation

Institute specifics

When it comes to personal privacy, you need to understand that the right to it is inalienable, inalienable, belonging to a person from his very birth. Regulatory acts should establish an exhaustive list of entities that may have access to information representing a particular secret, the grounds and procedure for submitting a request for its receipt. Protecting privacy is considered one of the most important responsibilities of the state.

Important points

The law in question, acting as a legal category, includes several powers. They provide the citizen with a certain independence from the state when he is outside the production environment, outside the service. In addition, this category also contains a number of legal guarantees of non-interference in the exercise of law. In view of the fact that the institute in question has not been studied enough to date, there is a lot of work to be done, during which it is necessary to establish the limits of secrets. In this regard, the state should protect not only the information that a citizen provides to any institution (legal advice, a notary's office, etc.), but also any information received during communication with him, and the fact of contacting certain organizations and structure.

Institute characteristics

The right to inviolability of personal life includes many universal values. Their specificity and content are determined by certain areas of life, are fixed by relevant standards. What is a private (personal) life? In normative acts there is no clear definition of this concept or the criteria characterizing it. In practice, such uncertainty can lead to arbitrary interpretation of the category in question, unjustified expansion or limitation of meaning.

In legal publications, the concept of "private life" includes a wide range of relationships. Their structure includes not only information relating to the labor (official) activity of the individual, but also personal data. The decision on their disclosure is left to the discretion of the citizen himself.

There is an opinion in the literature that the institution of the inviolability of personal life is more a sociological concept than a normative construction. The opinion of A. N. Krasikov is interesting in this regard. The author points out that privacy is not only a regulated right category. It should be considered as something more substantial, indefinitely, capacious phenomenon, belonging only to the individual. privacy and home

Expression Forms

The right to privacy is a multifaceted concept. Today it has many manifestations. Verbal-sensual and spatial forms of expression are considered traditional. The latter includes a ban on invasion of the workplace, the house, freedom of communication in public places without any external supervision. The verbal-sensual form implies the inadmissibility of arbitrary intrusion into the family-moral, intimate spheres, etc. Recently, more and more experts single out the third - informational - model of the manifestation of law. It involves the confidentiality of the individual’s personal data, information that he does not want to make public.

State Secrets

The legislation regulates in sufficient detail the conditions for the exercise of the right to privacy. According to the norms, information of an intimate, medical nature, other information that relates exclusively to a citizen, which, if published, is capable of causing moral harm to him, is not subject to disclosure.

Employees of certain professions are prohibited from divulging the secrets of persons with whom they interact in the framework of their activities. Thus, the confidentiality of confession is guaranteed by Federal Law No. 125. A priest cannot be held accountable for refusing to provide information that became known to him during a private conversation with a citizen. Medical confidentiality is protected by the Fundamentals of Health Protection Law. The registries of the registry offices cannot be divulged. The information constituting the secret of private life includes information on adoption. Employees of notarial offices must maintain the confidentiality of the contents of wills, deeds of gift of property, etc. The provision of certificates of completed acts and the issuance of documents are allowed only at the request of the court, prosecutor, investigating authorities.

constitution privacy right

Privacy violation in the Criminal Code of the Russian Federation

For non-compliance with the established restrictions and prohibitions on the collection, storage, dissemination of information constituting a secret, without the consent of a citizen, criminal liability is provided. The corpus delicti and types of punishments are enshrined in article 137 of the Criminal Code of the Russian Federation. The objective part of the act is active behavioral acts. They are expressed in unlawful collection, dissemination, including in a public speech or in the media, of information relating to the private life of the victim. When qualifying, of particular importance is the fact that these actions were committed without the consent of the person.

Data collection

It involves any method of obtaining information.This can be eavesdropping, photographing, interviewing informed people, video or audio recordings, getting acquainted with materials, documents, their theft, copying, and so on. The method of data collection in qualifying an act does not matter. Article 137 of the Criminal Code of the Russian Federation calls the receipt of information without the consent of the victim as the main reason for prosecuting. Data collection, associated with penetration into the house, connecting to a telephone line, forms a combination of crimes. Accordingly, such an act is qualified according to several norms of the Code. The illegality of the collection of information means that actions are not performed as part of the established procedure, by an inappropriate person, not on the grounds fixed by the rules, etc.

Data dissemination

It should be understood as any unlawful communication of information to at least one extraneous subject without the consent of the victim. The dissemination of data in a public speech involves the publication of it before an indefinitely large audience. For example, it can be a speech to voters, employees, lecturers and so on. The dissemination of information in a publicly displayed work will take place when the relevant information is included in the composition of the work and shown to other persons. For example, information may be mentioned in a film, broadcast, story, etc. everyone has the right to privacy

Subjective part

The crime has a formal composition. The act is considered completed at the time of the unlawful actions aimed at collecting or disseminating information about the citizen. The subjective side is formed by direct intention. The purpose and motive of the action does not affect the qualification. The subject of a crime is an individual who has reached the age of 16 years (sane).

Qualifying composition

The tightening of liability is provided for the commission of a crime using a person's official status. Accordingly, the punishment is imputed to a special subject. It will be any citizen who illegally collects or disseminates confidential information about the victim using his official position.

The actions of employees can also be qualified in conjunction with special formulations (if there are grounds). When deciding on the availability of qualifications, one should take into account the need to ensure a balance of citizens' rights to protect dignity and honor, business reputation, on the one hand, and other freedoms and legal opportunities, on the other (freedom of speech, thought, the ability to seek, produce, transfer and disseminate information by any lawful means). For example, obtaining information through a preliminary investigation cannot be a crime if it is carried out in accordance with established rules.privacy law

Conclusion

The institute of privacy began to form in ancient Greece. Gradually, it developed and acquired the normative meaning that modern people are accustomed to invest in it. In domestic law, the right to privacy has come a long way. For a long time, the institute was not fixed normatively. In fact, until the right was proclaimed at the constitutional level, its protection was not adequately ensured. Today it occupies one of the key places in the regulatory system. In its content, it is a complex, multi-level formation, which includes several objects. Among them are freedom of behavior, conscience, thought, choice of language and religion, expression of opinion, privacy of correspondence, private life.


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