scholarly journals Observance of right to private life (personal privacy) inviolability by pre-trial investigation agencies

2020 ◽  
pp. 118-122
Author(s):  
Oleksandr Kalynovskyi ◽  
Serhii Tkachenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Crime Scene ◽  
Legal Regulation ◽  
Private Life ◽  
Negative Consequences ◽  
Personal Privacy ◽  
Criminal Proceedings ◽  
Sensitive Data ◽  
The Right

Article outlines the legal guarantees of personal privacy inviolability, reveals the content of the right to privacy and provides recommendationsfor pre-trial investigation agencies to conduct certain investigative (search) actions in penal institutions.The European Court of Human Rights refers all issues related to collection, storage, use and provision of access to informationabout person’s life to the sphere of private life. In its practice, the ECHR did not formulate a proper interpretation of the “private life”concept, but only noted the comprehensive nature of this term which does not have an exhaustive definition.Such principle of criminal process as non-interference in private life is reflected in Article 15 of the Criminal Procedure Code ofUkraine, which states that in the course of criminal proceedings non-interference in private (personal and family) life is guaranteed toeveryone.Information about a person’s private life obtained in accordance with the procedure provided for in the Criminal Procedure Codeof Ukraine may be used exclusively for the goals of criminal proceedings. Everyone with access to information about private life isobliged to prevent its disclosure.Authors emphasize that the pre-trial investigation agencies process information with restricted access while performing the tasksassigned in accordance with job descriptions. This may include official or confidential information along with sensitive data – in thesecases unjustified disclosure can lead to serious consequences.Sexuality is defined as one of the most important components of “private life” conceptual framework, which, as the EuropeanCourt of Human Rights has repeatedly emphasized, is the most intimate sphere of life. This domain includes issues related to homosexualrelationships, gender identity and sex life in general. In such cases, it is the protection of the human right to the development ofone’s personality that is crucial. Due to the natural intimacy of these issues it acquires a degree of protection against interference.Based on the analysis of the legal regulation of the crime scene examination in places of detention, authors concluded that thisprocedure is not clearly regulated, and it requires the investigator to properly prepare and comprehend the algorithm of one’s actions,use audio / video recorders and for the investigative action parties and established security in penal institutions for search and involvementof attesting witnesses, involvement of other investigative (search) actions parties, including the stage of crime scene examination.Information about person’s private life, obtained in the course of pre-trial investigation, even if this person is staying at the place ofdetention, must be duly protected from possible disclosure and access of third parties.The fact of interference with a person’s private life (personal privacy) is a violation of human dignity, personal independence andintegrity. Therefore, pre-trial investigation agencies should be able to clearly observe the balance between the interests of the individual,society and the state during criminal proceedings, and each procedural decision and action must be properly executed, as violation ofcriminal procedure entails the loss of not only evidence, but can also lead to negative consequences in connection with the disclosureof information about the private life of a person.In addition, the pre-trial investigation agencies do not have the right to seize the client-lawyer correspondence, personal medicaldocumentation, including sensitive data, during investigative (search) actions in places of temporary isolation (places of detention)without clearly defined judicial procedures, while investigators must inform the person in details about the aim and procedure of itsperformance.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals BRIEF CONSIDERATOINS REGARDING THE JURIDICAL PROTECTION OF PRIVATE LIFE IN THE REGULATION OF THE NEW ROMANIAN CIVIL CODE

2014 ◽  
Vol 8 (2) ◽  
pp. 66-71
Author(s):  
Georgeta Valeria Georgeta Valeria
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Civil Code ◽  
Private Life ◽  
European Convention ◽  
Personal Privacy ◽  
Legal Regime ◽  
Private Lives ◽  
The Right

This article, entitled Brief Considerations Regarding the Juridical Protection of PrivateLife in the Regulation of the New Romanian civil Code, examines the new legal regime of howthe private life of the person is respected, in connection to the inseparable link between the rightto a private life, lato sensu, and its four intrinsic rights – the right to freedom of speech, the rightof the person to dignity, the right to a private life and image rights.The regulation was imperatively necessary, both to complete the framework of the valuesguaranteed by art. 8 of the European Convention of Human Rights, but also to establish aninterference between the concept of private life and personal privacy, in the context of theexcessive broadcasting of peoples’ private lives.

scholarly journals To the question of the implementation of the right to protection of minors, victims of crime

2020 ◽  
Vol - (1) ◽  
pp. 41-44
Author(s):  
A.I. Glushkov ◽  
◽  
E.E. Smekina ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Victims Of Crime ◽  
The Right

The article is devoted to the analysis of issues of legal regulation and the realization in modern conditions of the rights to protection of adolescents who have suffered as a result of the crimes committed against them. Legal literature, legislative acts, as well as judicial and investigative practice on this issue have been analysed. On the basis of the study, problems of ensuring the right to protection of juvenile victims in criminal proceedings were identified, as well as proposals for improving the norms of criminal procedure legislation regulating this sphere of activity and their application were justified.

scholarly journals Directions of improvement of normative regulation of judicial status of investigating judge

Legal Ukraine ◽  
2019 ◽  
pp. 38-47
Author(s):  
Svetlana Sharenko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Control Function ◽  
Legal Regulation ◽  
Private Life ◽  
International Standards ◽  
Judicial Control ◽  
The Right

The article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties’ competition, transparency of the judicial system etc.), as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

scholarly journals Directions of improvement of normative regulation of judicial status of investigating judge

2020 ◽  
pp. 30-45
Author(s):  
Svitlana Sharenko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Control Function ◽  
Legal Regulation ◽  
Private Life ◽  
International Standards ◽  
Judicial Control ◽  
The Right

he article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties' competition, transparency of the judicial system etc.),as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.

scholarly journals Human Rights Waiver in Criminal Proceedings in Terms of the European Court of Human Rights: ‘Russian Cases’

2020 ◽  
Vol 3 (4) ◽  
pp. 50-58
Author(s):  
Irina Chebotareva ◽  
Olesia Pashutina ◽  
Irina Revina
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Widespread Occurrence ◽  
European Court ◽  
The Government ◽  
Grand Chamber ◽  
The Right

The article investigates the general position of the European Court of Human Rights on the admissibility and validity of the waiver of rights, the features of the European mechanism for protecting human rights in case of the waiver of the right; studies the case-law practices in criminal cases of the Court in relation to Russia where the Court considered the presence/absence of the waiver of the right. The practice of the ECHR reveals the widespread occurrence of human rights violations in the Russian criminal proceedings with the alleged waiver of the right in the framework of criminal procedure. These includes the situations when the Government claimed that the Applicant had waived his/her right and the Applicant did not agree with this fact and insisted that he had been deprived of the opportunity to exercise his/her right. According to the ECHR, violations of human rights established in the Convention are related not only to shortcomings in the legal system but also to improper law enforcement that does not comply with the Convention requirements. Based on the analysis of the ECHR’s general approaches to the waiver of the right, the authors revealed the compliance of the Russian criminal procedure with the requirements of the Court to the waiver of the right and the guarantees established for it. To achieve the objectives in the HUDOC database of the European Court, using search requests we identified cases against Russia considered by the Chamber and the Grand Chamber, in which the ECHR examined the issue of the presence/absence of the waiver of the right in the criminal procedure. As a result, 40 judgments in which the Court directly considered the issue of the presence/absence of the waiver of the right in the criminal procedure in Russia were selected. We studied and analysed the selected judgments.

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

scholarly journals Analysis of international legislation on non-interference in personal and family life

2020 ◽  
pp. 383-386
Author(s):  
Zhanna Udovenko
Keyword(s):  
Family Life ◽  
Legal Regulation ◽  
Private Life ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Basic Principles ◽  
Legal Documents ◽  
Domestic Legislation ◽  
The Usa ◽  
The Right

Abstract. This article analyzes the basic principles of international legal acts, the Constitution of the USA and the countries ofthe European Union, regulating relations in the sphere of protection personal and family life. Due to the fact that the concept of “noninterferenceinto privacy” is relatively new to the criminal procedural legislation of Ukraine, the basics for normative legal regulationof a justified interference with privacy by state authorities while conducting criminal investigations are emphasized; their importancefor criminal investigation is paid special attention in judicial consideration along with taking into account the specifics of national le -gislation. The purpose of the article is to investigate the concept of the right to non-interference within the privacy.The study determined the peculiarities of national regulatory approaches to non-interference with private life that have developedlegislation and years of experience in protecting human rights and freedoms. This paper summarizes the international experience ofleading countries in the field of protection of personal and family life is generalized. Since the concept of “non-interference with privatelife” is relatively new to the domestic legislation of Ukraine, it is of great interest to study foreign experience of legal regulation of thisbasis of criminal proceedings. The specificity of the purpose and objectives of the study necessitated the use of dialectical, comparative-legal, historical-legal, formal-logical, system-structural, sociological, and statistical and other methods of scientific search.As a result of the research, on the basis of the analysis of international legal documents, the Constitution of Ukraine, the CriminalProcedure Code of Ukraine and the positions covered in scientific publications, special attention is paid to the urgency on observing theguarantees of non-interference with privacy in criminal proceedings, when there is a high risk of violation of rights and legitimate interestsof its participants. It is argued that restrictions on these rights are possible only in the manner guaranteed by the law and solely toachieve the objectives of criminal proceedings in order to protect the state, society and individual citizens from criminal encroachments.

scholarly journals ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

Sign in / Sign up

Export Citation Format

Share Document