In paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 46 of December 25, 2018, the attention of the courts is drawn to the fact that criminal liability arises for the collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, with the absence of the grounds for obtaining, using, and providing information about the private life of citizens without consent.
Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 46 dated December 25, 2018 states that the court must establish whether it was the intention of the accused that information about the private life of a citizen should be kept secret.
Carelessness or intent?
In other words, there is a difference between carelessly and intentionally obtaining information about a citizen’s private life. When deliberately, certain barriers are overcome, for example, a citizen’s obviously personal computer is used. If such information was received carelessly, the citizen himself left information about himself in such a way that all that was left was to stumble about it or go around the place where it was left.
The court should remember the presence of Art. 152.2. Civil Code of the Russian Federation “Protection of the private life of a citizen”, where the collection or dissemination of such information in state, public or other public interests cannot entail criminal liability, as well as in cases where information about the private life of a citizen previously became publicly available or was made public by the citizen himself or according to his will.
On practice
From practice, we can add that the information in question sometimes becomes publicly available through illegal means, including when the media incorrectly use information received from the Ministry of Internal Affairs of the Russian Federation. When, say, a court decision or sentence has not yet entered into legal force, the media cannot talk about the criminal liability of anyone as a public fait accompli. Until the court verdict enters into legal force, its content, from a procedural point of view, is internal nature, based on the peculiarities of legal technology, if the decision is subsequently overturned, with the courts adopting the opposite point of view, the media may be held accountable, sometimes quite tangible for them.
Federal Law of November 14, 2002 No. 137-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On the entry into force of the Civil Procedure Code of the Russian Federation
Adopted by the State Duma on October 23, 2002
Approved by the Federation Council on October 30, 2002
(As amended by federal laws dated December 1, 2007 No. 310-FZ, dated May 8, 2009 No. 93-FZ, dated July 30, 2010 No. 242-FZ, dated April 5, 2011 No. 56-FZ, dated June 7, 2013 No. 108-FZ, dated June 23, 2016 No. 220-FZ, dated May 1, 2019 No. 100-FZ)
Article 1. The Civil Procedure Code of the Russian Federation shall come into force on February 1, 2003.
Article 2. Recognize as invalid from February 1, 2003: the Civil Procedure Code of the RSFSR, with the exception of chapters 34, 35 and 36;
Decree of the Presidium of the Supreme Soviet of the RSFSR of December 18, 1965 “On supplementing Article 388 of the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1965, No. 51, Art. 1291);
Decree of the Presidium of the Supreme Council of the RSFSR of August 5, 1966 “On introducing additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1966, No. 32, Art. 773);
Law of the RSFSR of August 17, 1966 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1966, No. 34, Art. 921);
Decree of the Presidium of the Supreme Soviet of the RSFSR of February 12, 1968 “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1968, No. 7, Art. 252; 1970, No. 4, Art. 49);
Decree of the Presidium of the Supreme Council of the RSFSR of December 12, 1973 “On introducing amendments and additions to the Civil and Civil Procedure Codes of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1973, No. 51, Art. 1114);
Law of the RSFSR of December 19, 1973 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR, introducing some changes and additions to the current legislation of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1973, No. 51, Art. 1110) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated December 12, 1973 “On amendments and additions to the Civil and Civil Procedure Codes of the RSFSR”;
section II of the Decree of the Presidium of the Supreme Council of the RSFSR of December 18, 1974 “On amendments and invalidation of certain legislative acts of the RSFSR in connection with the entry into force of the RSFSR Law on State Notaries” (Vedomosti of the Supreme Council of the RSFSR, 1974, No. 51, Art. 1346) ;
Decree of the Presidium of the Supreme Council of the RSFSR of June 14, 1977 “On introducing amendments and additions to the Civil and Civil Procedure Codes of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1977, No. 24, Art. 586);
Law of the RSFSR of July 20, 1977 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR, introducing some changes and additions to the current legislation of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1977, No. 30, Art. 725) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated June 14, 1977 “On amendments and additions to the Civil and Civil Procedure Codes of the RSFSR”;
paragraph 1, with the exception of amendments made to Article 326 of the Code, paragraph 2, with the exception of the addition of the Code by Articles 284-1 and 294-1, paragraphs 3-40 and paragraphs 46-67 of the Decree of the Presidium of the Supreme Council of the RSFSR dated August 1, 1980 “On introducing amendments and additions to the Civil Procedure Code of the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1980, No. 32, Art. 987);
Decree of the Presidium of the Supreme Soviet of the RSFSR of June 8, 1981 “On Amendments to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1981, No. 23, Art. 800);
Law of the RSFSR of July 8, 1981 “On approval of decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1981, No. 28, Art. 983) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated June 8, 1981 “On amendments to the Civil Procedure Code of the RSFSR”;
Decree of the Presidium of the Supreme Soviet of the RSFSR of September 11, 1981 “On Amendments to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1981, No. 37, Art. 1264);
Decree of the Presidium of the Supreme Soviet of the RSFSR of November 16, 1981 “On introducing additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1981, No. 46, Art. 1555);
Law of the RSFSR of December 2, 1981 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to the Criminal, Criminal Procedure and Civil Procedure Codes of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1981, No. 49, Art. 1669) regarding approval Decree of the Presidium of the Supreme Soviet of the RSFSR dated September 11, 1981 “On introducing amendments to the Civil Procedural Code of the RSFSR” and Decree of the Presidium of the Supreme Council of the RSFSR dated November 16, 1981 “On introducing additions to the Civil Procedural Code of the RSFSR”;
Decree of the Presidium of the Supreme Council of the RSFSR of January 12, 1984 “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1984, No. 3, Art. 106);
Decree of the Presidium of the Supreme Council of the RSFSR of April 25, 1984 “On amendments to the Code of Marriage and Family of the RSFSR and the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1984, No. 18, Art. 592);
Law of the RSFSR of June 20, 1984 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1984, No. 26, Art. 877) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated January 12, 1984 “On amendments and additions to the Civil Procedural Code of the RSFSR” and the Decree of the Presidium of the Supreme Council of the RSFSR dated April 25, 1984 “On amendments to the Code of Marriage and Family of the RSFSR and the Civil Procedural Code of the RSFSR”;
Decree of the Presidium of the Supreme Council of the RSFSR of January 24, 1985 “On introducing amendments and additions to the Criminal Procedure and Civil Procedure Codes of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1985, No. 5, Art. 163);
Law of the RSFSR of March 26, 1985 “On approval of Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1985, No. 14, Art. 530) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated January 24, 1985 “On introducing amendments and additions to the Criminal Procedure and Civil Procedure Codes of the RSFSR” and the Decree of the Presidium of the Supreme Council of the RSFSR dated February 20, 1985 “On some changes in the procedure for collecting alimony for minor children”;
Decree of the Presidium of the Supreme Council of the RSFSR dated April 1, 1986 No. 2972-XI “On introducing additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1986, No. 14, Art. 413);
Law of the RSFSR of July 2, 1986 “On approval of Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1986, No. 28, Art. 804) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated April 1, 1986 “On introducing amendments to the Civil Procedure Code of the RSFSR”;
Decree of the Presidium of the Supreme Soviet of the RSFSR dated November 19, 1986 No. 4563-XI “On some changes in the procedure for collecting alimony for minor children” (Vedomosti of the Supreme Soviet of the RSFSR, 1986, No. 48, Art. 1397);
Law of the RSFSR of December 3, 1986 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1986, No. 50, Art. 1467) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated November 19, 1986 “On some changes in the procedure for collecting alimony for minor children”;
section II of the Decree of the Presidium of the Supreme Council of the RSFSR dated February 24, 1987 No. 5375-XI “On introducing amendments and additions to the Civil Code of the RSFSR and some other legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1987, No. 9, Art. 250);
article 2 of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 5, 1988 No. 8066-XI “On introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1988, No. 1, Art. 1);
Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 29, 1988 No. 8256-XI “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1988, No. 5, Art. 137), with the exception of Article 5;
Decree of the Presidium of the Supreme Council of the RSFSR dated April 12, 1989 No. 11522-XI “On introducing additions to Articles 338 and 339 of the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1989, No. 16, Art. 398);
Law of the RSFSR of July 28, 1989 “On approval of Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1989, No. 31, Art. 851) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated April 12, 1989 “On introducing amendments to Articles 338 and 339 of the Civil Procedure Code of the RSFSR”;
Law of the RSFSR of March 21, 1991 No. 945-I “On amendments and additions to the Criminal, Civil, Criminal Procedure, Civil Procedure Codes of the RSFSR and the RSFSR Code of Administrative Offenses” (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 15, Art. 494);
Law of the Russian Federation of March 4, 1992 No. 2438-I “On Amendments to the Civil Code of the RSFSR and the Civil Procedure Code of the RSFSR” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 15, Art. 768);
Article 3 of the Law of the Russian Federation of May 29, 1992 No. 2869-I “On amendments and additions to the Law of the RSFSR “On the Judicial System of the RSFSR”, Criminal Procedure and Civil Procedure Codes of the RSFSR” (Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation , 1992, No. 27, Art. 1560);
Article 2 of the Law of the Russian Federation of June 24, 1992 No. 3119-I “On amendments and additions to the Civil Code of the RSFSR, the Civil Procedure Code of the RSFSR, the Rules of the Supreme Council of the RSFSR, the laws of the RSFSR “On the Jewish Autonomous Region”, “On the elections of people's deputies of the RSFSR "", "On additional powers of local Councils of People's Deputies in the context of the transition to market relations", "On peasant (farming) farming", "On land reform", "On banks and banking activities in the RSFSR", "On the Central Bank of the RSFSR (Bank Russia)”, “On property in the RSFSR”, “On enterprises and entrepreneurial activities”, “On the state tax service of the RSFSR”, “On competition and restriction of monopolistic activities in commodity markets”, “On priority provision of the agro-industrial complex with material and technical resources” , “On local self-government in the RSFSR”, “On the privatization of state and municipal enterprises in the RSFSR”, “On the fundamentals of the budget structure and budget process in the RSFSR”, “On the state duty”; laws of the Russian Federation “On the regional, regional Council of People's Deputies and the regional, regional administration”, “On commodity exchanges and exchange trading” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 34, Art. 1966);
Law of the Russian Federation of March 31, 1993 No. 4717-I “On introducing amendments and additions to the Criminal Procedure Code of the RSFSR and the Civil Procedure Code of the RSFSR on the procedure for considering cases related to state secrets” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation Federation, 1993, No. 17, Art. 593);
Law of the Russian Federation of April 28, 1993 No. 4882-I “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 22, Art. 787);
Federal Law of April 28, 1995 No. 68-FZ “On Amendments to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1995, No. 18, Art. 1596);
Federal Law of November 30, 1995 No. 189-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1995, No. 49, Art. 4696), with the exception of paragraphs 22 - 31 of Article 1;
Article 2 of the Federal Law of December 31, 1995 No. 226-FZ “On Amendments and Additions to the Law of the Russian Federation “On State Duty” (Collected Legislation of the Russian Federation, 1996, No. 1, Art. 19);
Federal Law of August 21, 1996 No. 124-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1996, No. 35, Art. 4134);
Federal Law of November 26, 1996 No. 140-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1996, No. 49, Art. 5499), with the exception of paragraph 3 of Article 1;
paragraph 1 of Article 1 of the Federal Law of November 16, 1997 No. 144-FZ “On amendments and additions to laws and other legal acts of the Russian Federation in connection with the adoption of the Federal Constitutional Law “On Arbitration Courts in the Russian Federation” and the Arbitration Procedural Code of the Russian Federation "(Collected Legislation of the Russian Federation, 1997, No. 47, Art. 5341);
Federal Law of June 25, 1998 No. 90-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1998, No. 26, Art. 3010);
paragraph 1 of Article 2 of the Federal Law of January 4, 1999 No. 3-FZ “On Amendments and Additions to the Law of the RSFSR “On the Judicial System of the RSFSR”, the Civil Procedure Code of the RSFSR and the Criminal Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1999, No. 1, art. 5);
Federal Law of January 2, 2000 No. 37-FZ “On lay judges of federal courts of general jurisdiction in the Russian Federation” (Collected Legislation of the Russian Federation, 2000, No. 2, Art. 158) as it relates to civil proceedings;
Federal Law of August 7, 2000 No. 120-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 2000, No. 33, Art. 3346), with the exception of paragraphs 33 - 35 of Article 1.
The following shall be declared invalid as of July 1, 2003:
Civil Procedure Code of the RSFSR;
Law of the RSFSR of June 11, 1964 “On approval of the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1964, No. 24, Art. 407);
Articles 17 - 19 of the Decree of the Presidium of the Supreme Soviet of the RSFSR of June 12, 1964 “On the procedure for enacting the Civil and Civil Procedure Codes of the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1964, No. 24, Art. 416);
Decree of the Presidium of the Supreme Council of the RSFSR of August 1, 1980 “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1980, No. 32, Art. 987);
Law of the RSFSR of November 20, 1980 “On approval of the Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to the Criminal, Criminal Procedure and Civil Procedure Codes of the RSFSR, to the Labor Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1980, No. 48, Art. 1597) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR of August 1, 1980 “On introducing amendments and additions to the Civil Procedure Code of the RSFSR”;
Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 29, 1988 No. 8256-XI “On introducing amendments and additions to the Civil Procedure Code of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1988, No. 5, Art. 137);
Law of the RSFSR of April 20, 1988 “On approval of Decrees of the Presidium of the Supreme Council of the RSFSR on introducing amendments and additions to some legislative acts of the RSFSR” (Vedomosti of the Supreme Council of the RSFSR, 1988, No. 17, Art. 541) regarding the approval of the Decree of the Presidium of the Supreme Council of the RSFSR dated January 29, 1988 “On amendments and additions to the Civil Procedure Code of the RSFSR”;
paragraph 2 of the Law of the Russian Federation of July 3, 1992 No. 3200-I “On introducing amendments and additions to the Criminal Procedure and Civil Procedure Codes of the RSFSR and the Law of the RSFSR “On the Judicial System of the RSFSR” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1794);
Resolution of the Supreme Council of the Russian Federation dated July 3, 1992 No. 3201-I “On the procedure for enacting the Law of the Russian Federation “On introducing amendments and additions to the Criminal Procedure and Civil Procedure Codes of the RSFSR and the Law of the RSFSR “On the Judicial System of the RSFSR” (Vedomosti Sezda Narodnykh Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Article 1795) regarding the implementation of amendments and additions to the Civil Procedure Code of the RSFSR;
Federal Law of November 30, 1995 No. 189-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1995, No. 49, Art. 4696);
Federal Law of November 26, 1996 No. 140-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1996, No. 49, Art. 5499);
Federal Law of March 17, 1997 No. 50-FZ “On introducing amendments to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1373);
Article 2 of the Federal Law of January 4, 1999 No. 3-FZ “On Amendments and Additions to the Law of the RSFSR “On the Judicial System of the RSFSR”, the Civil Procedure Code of the RSFSR and the Criminal Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 1999, No. 1, Art. 5);
Federal Law of August 7, 2000 No. 120-FZ “On Amendments and Additions to the Civil Procedure Code of the RSFSR” (Collected Legislation of the Russian Federation, 2000, No. 33, Art. 3346).
Article 3. To recognize as no longer valid on the territory of the Russian Federation from February 1, 2003:
Fundamentals of civil proceedings of the USSR and union republics (Vedomosti of the Supreme Soviet of the USSR, 1961, No. 50, Art. 526);
USSR Law of December 8, 1961 “On approval of the Fundamentals of Civil Proceedings of the USSR and Union Republics” (Vedomosti of the Supreme Soviet of the USSR, 1961, No. 50, Art. 526);
paragraph “b” of Article 1 of the Decree of the Presidium of the Supreme Soviet of the USSR of August 7, 1972 No. 3208-VIII “On the procedure for resolving disagreements that arise when collective farms and inter-collective farm organizations conclude agreements with state, cooperative and other public enterprises, organizations and institutions, as well as between yourself" (Vedomosti of the Supreme Soviet of the USSR, 1972, No. 33, Art. 289);
Section II of the Decree of the Presidium of the Supreme Soviet of the USSR of May 16, 1977 No. 5709-IX “On introducing amendments and additions to the Fundamentals of Civil Legislation of the USSR and Union Republics and the Fundamentals of Civil Proceedings of the USSR and Union Republics” (Vedomosti of the Supreme Soviet of the USSR, 1977, No. 21, Art. 313);
section I of the Decree of the Presidium of the Supreme Soviet of the USSR of October 9, 1979 No. 886-X “On introducing amendments and additions to the legislation of the USSR on civil proceedings” (Vedomosti of the Supreme Soviet of the USSR, 1979, No. 42, Art. 697);
Article 1 of Decree of the Presidium of the Supreme Soviet of the USSR of January 7, 1988 No. 8298-
