INTERFERENCE IN PRIVATE COMMUNICATIONS: PROBLEM ISSUES AND WAYS TO SOLUTION THEM
Abstract
Abstract. The article is devoted to a comprehensive analysis of the problematic aspects of the legal regulation of interference in private communications in the context of ensuring the right of an individual to privacy in Ukraine. Taking into account international legal standards, in particular the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms, the author considers the issue of legality, limits and guarantees of interference in the sphere of communication of an individual. Emphasis is placed on the practice of the European Court of Human Rights, which defines clear criteria for the admissibility of state interference in personal communication, including requirements for legality, foreseeability, reasonableness and proportionality of the interference. Attention is paid to the regulatory regulation of covert investigative (search) actions related to interference in private communication in the Criminal Procedure Code of Ukraine, in particular to the norms of Articles 14, 258 and other provisions of Chapter 21. Contradictions between the provisions of the Constitution of Ukraine and the Criminal Procedure Law, which may cause legal uncertainty and abuse, are clarified. The need to modernize Article 31 of the Constitution of Ukraine in accordance with modern legal challenges is substantiated. Particular attention is paid to the issues of ensuring the confidentiality of communication between a lawyer and a clergyman with a client, the practice of the ECHR in the cases of "Kastravet v. Moldova", "Michaud v. France", "Altay v. Turkey", etc. is analyzed. The author suggests specific ways to improve the legislation, in particular by clarifying Part 5 Art. 258 of the Criminal Procedure Code and its addition with provisions that would make it impossible to use information obtained in violation of legal confidentiality. The feasibility of introducing the possibility of interference in private communication with the voluntary consent of a person in the presence of a threat to his life or safety is also substantiated. As a result, a number of proposals have been formulated to harmonize national legislation with international standards in the field of protection of the right to privacy, as well as to improve procedural guarantees that should become an effective barrier against unjustified interference in the sphere of personal communication.
Keywords: right to privacy; private communication; secret investigative actions; lawyer-client privilege; European Court of Human Rights; criminal proceedings; procedural guarantees; interference; confidentiality; international standards.
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References
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