The Sanctity of Private Life as an Object of Criminal Legal Protection
( Pp. 180-184)
More about authors
Kashirgov Astemir Khasanbievich
Police Major, Lecturer, Department of Law Enforcement Organization, North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
At the international and national levels, everyone has the right to sanctity of private life, personal and family secrets, as well as a ban on the collection, processing and dissemination of information about their components. In order to guarantee the protection of this constitutional right in the Russian Federation, the sanctity of private life is an object of criminal law protection, the violation of which entails bringing the perpetrators to justice. Despite the small number of criminal cases related to violation of privacy, the need for criminal law protection of this constitutional right is beyond doubt. Despite the legal regulation of the sanctity of private life, in law enforcement practice there are certain difficulties in bringing perpetrators to justice, due to the lack of specificity in determining the scope of private life, the list of information that constitutes the private life of a person, his personal and family secrets. Using various methods of scientific knowledge, the author concludes that it is expedient to legally interpret the concepts of "private life", "personal secret", "family secret", and determine their constituent elements. Based on the analysis of judicial practice, such actions as the collection and dissemination of information relating to the private life of a person are investigated, which, in fact, are independent actions. Taking into account the greater public danger of disseminating this information, the author proposes to distinguish between sanctions for collecting and disseminating information about private life.
How to Cite:
Kashirgov A.K., (2022), THE SANCTITY OF PRIVATE LIFE AS AN OBJECT OF CRIMINAL LEGAL PROTECTION. Gaps in Russian Legislation, 5 => 180-184.
Reference list:
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Bushkov D.V., Markaryan S.A. Problems of protection of privacy in the conditions of development of information technologies: criminal-legal aspect // Gaps in Russian legislation. 2017. № 3.
Evdokimov K.N. Qualification of violation of privacy committed with the use of information and communication and computer technologies (Article 137 of the Criminal Code of the Russian Federation) // Bulletin of the University of the Prosecutor's Office of the Russian Federation. 2022. № 2 (88).
Zherebkin V.P. Criminal and legal protection of private life: abstract. dis. ... cand. jurid. M., 2003.
Izotova A.N. Transformation of the circle of subjects of the secret of communication: the impact of digitalization // Actual problems of Russian law. 2022. Vol. 17. № 3 (136).
Imankulova A.N. Criminal liability for violation of the human right to privacy under the legislation of foreign countries // Bulletin of the Kyrgyz-Russian Slavic University. 2021. Vol. 21. № 11.
Kvashis V.E. On the limits of permissible state interference in private life // Society and law. 2020. № 1 (71).
Huade A.H. Criminal and legal characteristics of violation of privacy: abstract. dis. ... cand. jurid. sciences'. Krasnodar, 2015.
Keywords:
inviolability, private life, personal secret, family secret, subject of crime, sanctions.
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