THE POSITION OF THE PERSON ACTING AS THE EXECUTIVE BODY OF THE COMMUNE IN THE LIGHT OF THE PROTECTION OF ITS PERSONAL RIGHTS

Abstract

This paper presents the issues related to the protection of personal rights of a person performing a public function – the executive body of a local government unit In the first part of the work, the essence and classification of personal rights in both doctrine and jurisprudence were analyzed. Then, the elements of the definition were presented, including legal regulations, and the classification of personal rights was made. In the further part of the study, individual personal rights are discussed, i.e.: human life and health, bodily inviolability, bodily integrity, defamation, insult, freedom and freedom of conscience, surname and pseudonym, marital status - a sense of gender, image and voice of a person, secret of correspondence, inviolability of housing, scientific, artistic, inventive and rationalizing work, the cult of a deceased person, family tradition, bonds between parents and children, the possibility of using the natural environment, including password protection, and the title of profession. The next part of the article is devoted to the analysis of jurisprudence and literature in the aspect of limiting the personal rights of public officials, which led to the conclusion that the fundamental personal right subject to limitation is the right to privacy. Consideration of the subject matter, especially in the context of legal regulations, led to the conclusion that, despite many legal acts regulating this matter, the indication of the demographic line regarding the public involvement in the private sphere of people who perform public functions is a source of many dilemmas and serious controversies.