Protection of Citizens’ Right to Privacy of their Communications in Criminal Proceedings: National and Foreign Aspects

Abstract

The paper discusses the issues of understanding the terms that make up the right to privacy and protection of private communications between individuals in criminal proceedings. The author studies the current state of legal regulation and the problems related to the implementation of this right in obtaining evidence in criminal cases. The paper analyzes the algorithms of judicial control over the legality of the restriction of the constitutional right to the inviolability of private communications using foreign doctrines of «necessity (restrictions) in a democratic society», as well as «expectation of privacy test». The foreign experience of resolving these issues within the framework of various legal systems, including the practice of the ECtHR, is considered. The problem of judicial authorization of access to data in the electronic memory of subscriber devices in the course of various investigative actions is scrutinized. Based on the findings, the author proposes to improve the national legal regulation of procedures for monitoring the legality of restricting the right of citizens to the inviolability of their private communications in criminal proceedings, as well as to improve the guarantees for the application of these procedures in judicial practice.