THE CONCEPT OF PRIVACY OF TELEPHONE CONVERSATIONS CONVEYED BY MEANS OF COMMUNICATION (ARTICLE 163 OF THE CRIMINAL CODE OF UKRAINE)

Abstract

The article investigates the problem of criminal law nature of the concepts of telephone conversations, the secrets of such conversations, as well as deals with certain issues of the concept of telephone conversations conveyed by means of communication, analyzes the relationship between the concept of “conversations” (conversations made by telephone) and “objects” for working with which telecommunications (electroc ommunications) and telecommunication networks are intended. You can distinguish between legal and factual features.Legal features are due to the fact that such conversations are covered by the law of personal non-property rights and are given the status of secrecy.The factual features of telephone conversations are due to the fact that such conversations are the activities of at least two persons involved in the conversation, on the exchange of information between them, have a specific form with a certain meaning, carried out by appropriate means of communication.Under such conditions, telephone conversations, in order to indicate the content of the subject of the crime under Article 163 of the Criminal Code, must meet the following mandatory requirements: 1) reproduce certain activities of a person that lasts for some time and exchanged participate in such a conversation (exchange of information); 2) have a specific objective form (verbal, the form of sounds, signals, messages, the so-called "silent consent", etc., but which are somehow exchanged with a certain meaning, perceiving such a meaning, several participants in the conversation); 3) have a certain meaning (ie, regardless of the chosen form, the conversation must contain specific information that is exchanged by persons involved in it, and who perceive (realize) the meaning of such information); 4) be transmitted by certain means of communication (by telecommunications, telecommunications networks). If the conversation does not meet at least one of these requirements — the subject of the crime (telephone conversation), provided for in Article 163 of the Criminal Code — will obviously be absent.