Relatively recently the world established the rightprivacy. This happened at the end of the 19th century. During the bourgeois revolutions, the right to immunity became widespread in Europe. Normative consolidation was carried out in French law. In the Bill of Rights and the US Constitution, this right is not recorded positively. However, it is derived from some amendments of the Basic Law of the country.
Historical background
The first scientific development of lawprivacy was reflected in an article by Brendays and Warren - legal scholars. The work was published in 1890 in the United States. Subsequently, this right was supported by a number of precedents of the Armed Forces of America. The Supreme Court justified its existence and deduced from some amendments to the Constitution. In the 40-50s. privacy law was recorded by a number of international treaties. Their norms were implemented (implemented in practice) in the legislations of many states, including the USSR and, subsequently, the Russian Federation. The subsequent development of the law received in some precedents in Strasbourg in the European Court of Justice.
Regulatory framework in Russia
In the Russian Federation, the privacy of citizensestablished by Articles 23 and 24 of the Constitution. Among the regulations governing this right are the Federal Law "On Personal Data", the Civil Code, as well as international treaties. Of the latter, the Declaration on Human Rights, the Convention on their Protection, the International Covenant is of the greatest significance. Privacy in the Russian Federation is guarded by article 137 of the Criminal Code of the Russian Federation.
Main categories
What specifically protects article 137 of the Criminal Code? A comment can be given next.
Human and civil rights include:
- a ban on the collection, use and storage of information about other people without their permission to do so;
- protection of honor and good name;
- providing self-control information about yourself;
- protection of individual data;
- the secret of communication.
In article 137 of the Criminal Code, the legislator also included the secret of adoption, medical diagnosis, confession.
Privacy concept
In jurisprudence, this term is denoted inas a subjective human right to maintain that way of life, which is provided for by his personal convictions, moral values and worldview. It does not exist separately from social concepts. For example, rest, which is considered an element of private life, can be considered as a type of social relations.
Features
Privacy is based on:
- maintaining the secrecy of those aspects of human existence that are not related to public relations;
- the principle of preservation of personal status.
The main aspects of private life include:
- The house, including the right to privacy.
- Family. In a legal context, a person has the right to non-disclosure of secrets, relatives and friends may not testify against each other in court.
- Gen. A person has the right to organize relationships in his home and family as he sees fit.
- Correspondence. The state guarantees confidentiality of correspondence.
- Health. A person may not disclose his state of health, the doctor is obliged to keep the secret of diagnosis.
- Religion. Citizens have the opportunity to freely belong to any religious organization or to be atheists.
The above aspects are protected by Article 137, 138 of the Criminal Code of the Russian Federation. The legislator provides for various types of liability for violation of these rights.
Article 137 of the Criminal Code: composition
The norm of the Criminal Code setsresponsibility for the unlawful collection, dissemination and storage of information relating to the private life of a citizen, relating to his family or personal secrets, without his consent or distributing this information during public speeches, to the public or to the media. Article 137 of the Criminal Code defines as a punishment:
- A fine of up to 200,000 rubles. or in the amount of the salary or other income of the perpetrator for 18 months.
- Mandatory work up to 360 hours.
- Imprisonment for 2 years with the prohibition to hold certain positions and positions or to carry out certain activities for up to 3 years.
- Correctional labor for 1 year.
- Arrest up to 4 months
- Forced labor for up to 2 years, with the subsequent deprivation of the right to engage in certain types of activities, or to remain in certain posts and posts, or without it.
Responsibility when using official position
Article 137 of the Criminal Code for the above actions in this case establishes:
- Deprivation of the right to remain in certain positions and posts or to carry out certain types of activities for a period of 2 to 5 years.
- Arrest up to 6 months
- Forced labor up to 4 years with the prohibition to perform a number of duties and to carry out certain activities for five years or without it.
- Fine from 100 to 300 thousand rubles. or in the amount of salary or other income of the perpetrator from a year to 2 years.
- Imprisonment up to 4 years with the prohibition to hold a number of posts and positions and carry out certain activities for five years.
137 article of the Criminal Code for minors
The law protects the privacy rights of individuals who are under 18 years of age. In particular, the following is included in Article 137 of the Criminal Code of the Russian Federation.
Spread in publicly on displaya work or performance, the media or through information and telecommunication networks of data indicating the identity of the injured citizen under 18 years of age in a criminal case or information describing moral or physical suffering he or she received as a result of a crime, resulting in a mental disorder or other serious consequences considered illegal.
Article 137 of the Criminal Code establishes the following liability for the above offenses:
- Forced labor up to 5 years with the deprivation of the opportunity to occupy certain posts and positions or to carry out certain activities for 6 years or without it.
- Fine from 150 to 350 thousand rubles. or in the amount of salary or other income of the perpetrator for a period of 18 months. up to 3 years.
- The ban on staying at certain posts or positions for 3-5 years.
- Arrest till six months.
- Imprisonment up to 5 years with the prohibition to remain in certain positions and perform certain actions for 6 years.
Finally
Thus, the state provides securitythe private life of any citizen, including those who have not reached the age of majority. This allows people to feel free and realize that they live in a democratic country. In case of violation or infringement of rights, citizens may apply to the court in a general manner. It should be remembered that no one has the right to encroach on the good name, honor and personal life of other people who belong to them from birth.
