The right on privacy of correspondence and telephone conversations as independent human right: grounding of the scientific concept
Journal Title: Адміністративне право і процес - Year 2016, Vol 1, Issue
Abstract
The author of the article has grounded the scientific concept of understanding the right on privacy of correspondence and telephone conversations as anindependen- tright. To achieve the objective the author has provided a brief characteristic of the essence of the concept of understanding the mentioned right as a component of the right to inviolability of private and family (private) life, which the author has called “personal” concept. The reasons for its existence have been provided; among them the author has outlined in particular, features of international and legal regulation of the right on privacy of correspondence and telephone conversations and historical conditioning. The main provisions that scholars put forward and form the content of the concept of “independent right” have been studied. The author has brought to a focus a number of arguments in favor of the mentioned concept and thus, has proved the inexpediency to limit the essence and purpose of the right on privacy of corre- spondence and telephone conversations exclusively by the framework of private life. For grounding the concept of “independent right” the author has considered certain scientific points of view of scholars, the position of the European Court of Human Rights; has analyzed the relevance of using and the other side of understanding the causes of “personal” concept’s existence; has taken into account the semantic signif- icance of the terms “private” and “personal”. In this context, the author has formu- lated the criterion of “formality”, which is to be considered while determining, which correspondence and what kind of telephone conversations are the object of legal pro- tection of the institution of privacy of correspondence and telephone conversations.
Authors and Affiliations
N. V. Tokar
Keywords
Related Articles
- EP ID EP440155
- DOI -
- Views 98
- Downloads 0
The right on privacy of correspondence and telephone conversations as independent human right: grounding of the scientific concept
The author of the article has grounded the scientific concept of understanding the right on privacy of correspondence and telephone conversations as anindependen- tright. To achieve the objective the author has provided...
РЕЦЕНЗІЯ НА НАВЧАЛЬНИЙ ПОСІБНИК ДОКТОРА ЮРИДИЧНИХ НАУК РОМАНА СЕРГІЙОВИЧА МЕЛЬНИКА «ЗАГАЛЬНЕ АДМІНІСТРА- ТИВНЕ ПРАВО В ПИТАННЯХ І ВІДПОВІДЯХ»
Динамічний розвиток адміністративного права як галузі, стрімке зростання обсягів адміністративного за- конодавства та кількості вчених-адміністративістів при- вело до гострих наукових дискусій стосовно основних, базових...
SEPARATION OF POWERS IN UKRAINE: CHALLENGES AND SOLUTIONS FROM THE ADMINISTRATIVE LAW PERSPECTIVE
Separation of powers has been considered as one of the main pillars of any democratic state. There are different schools of thought regarding the content and the role of the separation of powers for the democratic govern...
The place and importance of precedent in the administrative process
This article analyzes the definition, place and importance of precedent in the administrative process. Analyzed some transformation of national legal system that determine their changing, formal and substantive nature. D...
Learning and teaching encouragement of training and advance training of legal personnel for the independent regulatory authorities
The article explores issues of learning and teaching encouragement of training and ad- vance training of legal personnel for the independent regulatory authorities. At the present moment there is a group of independent...