Criminal Record as Personal Data and the Basis of General Legal Restrictions

Abstract

Relevance. The issues related to the phenomenon of criminal record as special personal data of a citizen, the availability of information about the conviction of a person and ensuring their safety are considered. The article analyzes the positions of the Constitutional and Supreme Courts of the Russian Federation, courts of general jurisdiction regarding the reflection of a criminal record in certificates of absence of a criminal record and (or) the fact of criminal prosecution or on the termination of criminal prosecution by the Ministry of Internal Affairs of the Russian Federation upon its repayment or withdrawal.The purpose of the study is to supplement theoretical provisions aimed at deepening scientific knowledge about criminal record as a negative consequence, expressed in the creation of general legal restrictions not based on law for a convicted person by the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services for the issuance of criminal record certificates dated 09/27/2019 № 660.Objectives: to analyze the decisions of the Constitutional and Supreme Court of the Russian Federation, reviews of judicial practice, court decisions on cases challenging the provisions of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation, to identify and comprehend the restrictions created by it for persons whose criminal record has been removed or extinguished.Methodology. The article actively uses the methods of theoretical research (analysis, synthesis, induction and deduction), as well as formal legal, system-analytical methods, documentary, as well as the method of generalization of judicial practice.The results of the study are theoretical and applied in nature and contain proposals for solving problems related to a citizen's criminal record, when it is repaid or withdrawn, when general legal restrictions, among other things, are the result of gaps in the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation. The necessity of changing its wording is argued.Conclusion. The state and the law enforcement officer have not comprehended the socially dangerous consequences of decisions on the compliance of departmental acts that create artificial obstacles to the exercise of labor, electoral, social and other rights by ex-convicts to the Constitution of the Russian Federation and federal legislation.