The principles of criminal law in the aspect of protection of constitutional rights of citizens

Olena Oliinyk,Oksana Beryslavska,Andrii Vozniuk,Vasyl Farynyk,Olena Volobuieva

doi:10.34069/ai/2020.27.03.49

Abstract

Description. The purpose of the article is to identify the subject of crimes related to the violation of confidentiality of telephone conversations transmitted by means of communication or through a computer, to qualify the criminal activity properly and to distinguish them from other crimes and misdemeanors. The purpose of the article also covers the issues of the principles of criminal law, which can solve the problems of formulating certain rules of the law on criminal liability, designed to protect the constitutional rights and freedoms of an individual. Methodology. In the course of the study general and special methods of the legal science were used: comparative and legal method; formal and dogmatic method; dialectical method; statistical method. The results of the study made it possible to identify the areas for improving the principles of criminal law for breach of confidentiality of correspondence, telephone, telegraph or other kinds of correspondence transmitted by means of communication or through the computer, and the areas of international cooperation in this area. Practical implications. According to the results of the research, some proposals were made for a more precise formulation of the characteristics of the object as well as the elements of the objective element of the crime under consideration. Value / originality. Based on the authors’ approach to identifying the subject matter of a crime, which involves liability for violation of confidentiality of correspondence, telephone conversations, telegraph or other correspondence transmitted by means of communication or through a computer, it was determined what features of the subject matter of the crime in question should be recorded in laws and what principles of criminal law can solve the task set by the study.

Highlights

The right to confidentiality of correspondence has been accepted in international law since 1948
Based on the authors’ approach to identifying the subject matter of a crime, which involves liability for violation of confidentiality of correspondence, telephone conversations, telegraph or other correspondence transmitted by means of communication or through a computer, it was determined what features of the subject matter of the crime in question should be recorded in laws and what principles of criminal law can solve the task set by the study
The issues related to criminal protection of correspondence, including the qualification of breach of telephone conversations, telegraph or other correspondence transmitted by means of communication or through a computer, are the subject of study of many Ukrainian and foreign scientists

Summary

Introduction

The right to confidentiality of correspondence has been accepted in international law since 1948. The Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms directly indicate the confidentiality of personal correspondence. Article 12 of the Universal Declaration states that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Article 8 of the European Convention makes it clear that “everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”

Objectives

Methods

Results

Conclusion