ПРАВО НА ПОВАГУ ДО КОРЕСПОНДЕНЦІЇ У РОЗУМІННІ ПРАКТИКИ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ

Abstract

Article 8 of the Convention for the Protection of Human Rights is called "the right to respect for private and family life", thus establishing at the international level the legal basis for the exercise of the right to privacy. From the content of this article it follows that this right has four components: private and family life, correspondence and housing. The scientific article is devoted to the study of the right to respect for correspondence under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. From the literal interpretation of the convention provisions and as evidenced by the case law of the European Court of Human Rights, the implementation of the studied law goes beyond the private life of the individual and acquires special features of its implementation in other spheres of life, such as professional activities. The author analyzes the case law of the European Court in order to identify, generalize and structure the components (content) of the concept of "correspondence", given the possibility of practical use of such information due to the fact that when considering a particular application, the Court assesses whether and types of applied means of communication. This scientific article examines the implementation of the right to correspondence in civil and criminal law, which indicates the gradual expansion of the relevant regulations to different types of legal relations. In examining this issue on the basis of convention provisions and analysis of the case law of the Court, the author has studied and presented in a generalized form the grounds for lawful interference with the right to respect for correspondence.