Компенсация морального вреда при нарушении права на личную и семейную тайну

Abstract

The permissibility of a wider application of compensation for moral damage in violation of family rights in the science of family law is assessed ambiguously. The law provides for such an opportunity only in paragraph 2 of paragraph 4 of Article 30 of the Family Code of the Russian Federation for a bona fide spouse when the marriage is declared invalid. It is necessary to take into account the specifics of family relations, as deeply personal, and the fact that Article 8 of the Family Code of the Russian Federation does not limit the protection of family rights in the ways specified in the norms of the Family Code, allowing the use of other methods. Expands the possibilities of using this method of protection Resolution of the Plenum of the Supreme Court of the Russian Federation No. 33 “On the practice of application by courts of norms on compensation for moral damage” dated 15.11.2022, according to which moral damage caused by violation of personal and family secrets must be compensated. Purpose. The purpose of the study is to identify the features of the legal regime of family secrecy and its possible content. Methodology. In the course of the research, methods of generalization, description, analysis, synthesis, formal legal method were used. Results. encroachment on absolute rights and causing harm by these illegal actions are grounds for the occurrence of tort obligations, it is advisable to apply to these relations the provisions of the Civil Code of the Russian Federation on the conditions of non-contractual liability, including the conditions of guilt. It is necessary to take into account the actions of the victim himself regarding information about his private and family life, including the disclosure of this information in available sources. Considering that the secret of adoption protects not only the adoptive parent, but also, above all, is established in the interests of the adopted person, it is necessary to take into account his attitude to the disclosure of information about adoption.