№2-2020-17
Isaeva V. V., Sakharova Ju.V.
INTERNATIONAL AND NATIONAL ASPECTS OF LEGAL REGULATION OF PRIVATE LIFE AND THE RIGHT TO PRIVACY
The relevance of the topic of this article is mediated by the fact that the concept of «private life» is not currently enshrined in Russian legislation. Such an intangible good as «private life» in Russian law is considered only in the context of protecting its inviolability or fixing the secrecy regime, which leads to the problem of uniform understanding of the essence of the considered good. Main research methods: analysis, synthesis, comparative law. The article considers the concept of «private life», the ratio of the intangible good «private life» with the non-property right to private life, and their non-synonymy is noted. The problem of the lack of legal consolidation of the studied definitions in the Russian legislation is named, although at the international legal level the concept of private life has acquired a clear normative interpretation in the statement of the European court of human rights. In domestic law enforcement practice, Russian courts in most cases use the definition «private life» only in the context of protecting its inviolability. The norms of the Constitution of the Russian Federation legally enshrine the human right to privacy and the inadmissibility of collecting, storing, using and distributing data about a person’s personal life without their consent. However, these norms of the Constitution of the Russian Federation (articles 23 and 24) have not been further detailed in special legislation. The author notes the unsatisfactory state of Russian legislation in terms of legal protection of personal life and personal information in comparison with similar foreign and international standards in the field under study.
Keywords: private life; inviolability of private life; non-material good; right to private life; non-property right
Saint Petersburg state University (Russia)
Academician I.G. Petrovskii Bryansk State University (Russia)
