Civil Protection of Secret of Private Life: Main Issues
- Authors: Ovchinnikova Y.S.1
-
Affiliations:
- Institute of the state and right of the Russian Academy of Sciences
- Issue: Vol 15, No 3 (2022)
- Pages: 198-203
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531669
- DOI: https://doi.org/10.33693/2072-3164-2021-15-3-198-203
- ID: 531669
Cite item
Open Access
Access granted
Abstract
The article notes the relevance of issues of civil law protection of the privacy of a citizen. The legal nature of the concepts "private life", "privacy", "inviolability of private life" is revealed. At the same time, private life is considered as the sphere of realization of the private interest of a citizen. The main types of violations of privacy and the problems of civil protection have been identified. In particular, it substantiates the inconsistency of using such criteria as "state interest" and "public interest" when disclosing information about the secret of a citizen's private life. The judicial practice is analyzed, recommendations on amendments to the legislation are given. The issues arising in the implementation of the rules on the secrecy of private life in contractual legal relationships are considered. Possible negative consequences of the conclusion of an agreement on the disclosure of information related to the secret of private life in contracts with the participation of a weak party are noted.
Full Text
About the authors
Yulia Sergeyevna Ovchinnikova
Institute of the state and right of the Russian Academy of Sciences
Email: domosedka@mail.ru
Cand.Sci.(Law), research associate Moscow, Russia
References
- Boltanova E.S. Genetic information in the system of objects of civil rights //Tomsk State University, № 6(151); 2019, Pp 110-121.
- Yakovlev V.F. Civil law method of regulation of public relations. Moscow: Statute, 2006,279 p.
- Mikhailov S.V. Category of interest in Russian civil law. M: Statute, 2002,205 p.
- Izmaylova I.S. Privacy in civil law: on the example of the law of Great Britain, the USA and Russia. Abstract of the dissertation for the degree of Candidate of Legal Sciences. Moscow, 2009,30 p.
- Slavetsky D.V. The principle of protecting the weak side of a civil contract. Abstract of the dissertation for the degree of Candidate of Legal Sciences. Samara, 2004,32 p.
- Maleina M.N. The concept and types of intangible benefits as objects of personal non-property rights //State and Law, 2014, No. 7, Pp 40-47.
- Trofimenko A.V. Problems of the theory of intangible benefits (civil law aspect). Abstract of the dissertation for the degree of Doctor of Law. Saratov, 2004,33 p.
- A.I. Markeev. Intangible objects of the entrepreneur and their protection //Materials of the International scientific and practical Conference "Laptev Readings-2020" "Problems of development and prospects of business law in modern economic conditions" edited by Doctor of Law, Professor S. S. Zankovsky M.:Prospect, 2021, Pp151-157.
- Zaitsev. V. V., Rybakov V.A. Some theoretical issues of the development of civil legislation //Law and Economics, 2015, No. 9, Pp 11-14.
- Pokrovsky I.A. The main problems of civil law. Moscow: Statute, 2001, 353 p.
Supplementary files
