Реалізація конституційного права людини на таємницю телефонних розмов в Україні

Abstract

The purpose of the article is to reveal the essence of the human right to the privacy of telephone conversations and its realization in Ukraine; identify ways to protect this right. Methodology. Methodological basis of the research is the methods and techniques of scientific knowledge. In particular, the formal-logical method was used to establish the essence of the concept of human right to the privacy of telephone conversations in Ukraine. The methods of analysis and synthesis allowed us to construct our own definitions and other theoretical constructs. The formal legal method was used to formulate the concept of «human right to privacy of telephone conversations in Ukraine». The scientific novelty is to formulate a number of new conceptual positions and opinions on the understanding of the human right to privacy of telephone conversations, its realization in Ukraine; identifying ways of its realization. Conclusions. The human right to privacy of telephone conversations is a fundamental, inalienable right of every individual (citizen, foreigner, stateless person, refugee, etc.), which belongs to civil (personal) rights in the system of human and citizen's rights and freedoms. Human right to privacy of telephone conversations in Ukraine – guaranteed by the Constitution of Ukraine and other international human rights instruments the ability of an individual to exchange information in real-time using telecommunication networks while maintaining the secrecy (confidentiality) of such conversations, without interference in this process of third parties – personnel of the operator, telecommunication provider and special units of the law enforcement agencies of the state, which are entrusted with the function of conducting secret investigation actions. However, this right is not absolute, as it may be restricted by the exceptions provided by the court in cases provided for by law in order to prevent a crime or to find out the truth in a criminal investigation if it is not possible to obtain information by other means. Given the realities of today, human right to the privacy of telephone conversations in Ukraine can be violated in various ways. In particular, making telephone calls to the Internet without the consent of the person; receiving information from mobile operators from law enforcement agencies and then transmitting them to third parties, etc. In our view, the best way to protect a violated constitutional human right to the privacy of telephone conversations is through judicial protection. In addition, everyone has the right to apply to the Ombudsman for the protection of his rights. Keywords: human rights; the right to privacy of telephone conversations; telephone conversations (negotiations); listening to telephone conversations (negotiations).