The right to privacy of correspondence, telephone conversations, postal, telegraph and other messages

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Article 23 (Part 2) The Constitution of the Russian Federation proclaims:

"2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision.”

Secret correspondence, telephone conversations, postal, telegraph and other messages are understood as certain relationships that develop between persons regarding the implementation of decisions and actions of the “secret giver”, related to ensuring the secrecy of specific information and expressed in limiting or excluding access to them and to their carriers against the will of the “secret giver”. It is argued that one of the expressions of the attitude towards maintaining the confidentiality of communications is its (secret) protection, by which we mean a system of organizational, legal, technical, economic and financial means to maintain the confidentiality of specific information.

The implementation of this right means, on the one hand, the obligation of the state to protect the privacy of correspondence, telephone conversations, postal, telegraph and other messages from an indefinite number of persons. Article 63 of the Federal Law “On Communications” stipulates that telecom operators are obliged to ensure compliance with the secrecy of communications. Inspection of postal items by persons who are not authorized employees of the telecommunications operator, opening of postal items, inspection of attachments, familiarization with information and documentary correspondence transmitted over telecommunication networks and postal networks is carried out only on the basis of a court decision, with the exception of cases established by federal laws. Information about messages transmitted over telecommunication networks and postal networks, about postal items and postal money transfers, as well as these messages themselves, postal items and transferred funds can only be issued to senders and recipients or their authorized representatives, unless otherwise provided by federal laws . According to the criminal procedure law, if there are sufficient grounds to believe that objects, documents or information relevant to a criminal case may be contained, respectively, in parcels, parcels or other postal and telegraphic items or in telegrams or radiograms, they may be seized.

On the other hand, the state establishes a mechanism for limiting this right, primarily in the activities of government bodies. The Federal Law “On Operational-Investigative Activities” establishes that the conduct of operational-investigative activities that limit the constitutional rights to the secrecy of correspondence of telephone conversations, postal, telegraph and other messages is allowed on the basis of a court decision and only if there is information about illegal acts, and exactly:

- about the signs of an unlawful act being prepared, committed or committed, for which a preliminary investigation is mandatory;

- about persons preparing, committing or having committed an unlawful act for which a preliminary investigation is mandatory;

— about events or actions that create a threat to the state, military, economic or environmental security of the Russian Federation.

The results of these operational-search activities can be used as evidence in cases only when they are obtained with court permission to conduct such activities and verified by investigative authorities in accordance with criminal procedural legislation.

Information obtained by anyone in violation of the confidentiality of correspondence is considered inadmissible evidence and cannot be used in criminal proceedings. It should be noted that the principle of ensuring the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages does not cease to apply from the moment this right is limited on the basis of a court decision in the above cases. The criminal procedure law ensures the confidentiality of information received throughout the entire criminal proceeding.

In an open court session, correspondence, recordings of telephone and other conversations, telegraphic, postal and other items may be disclosed only with the consent of the persons who are the addressees (senders or recipients) of this correspondence. Otherwise, the specified materials are disclosed only when the public is removed from the courtroom.

Wiretapping of telephone and other conversations is permitted only in relation to persons suspected or accused of committing crimes of average gravity, serious or especially serious crimes, as well as persons who may have information about these crimes. In addition, in the event of a threat to the life, health, or property of individuals, upon their application or with their consent in writing, wiretapping of conversations conducted from their phones is permitted.

The prohibition of violating the secrecy of correspondence, telephone conversations, postal, telegraph and other messages applies not only to operators of postal and other types of communications, persons investigating criminal cases and carrying out operational investigative activities, but also to all other citizens.
Date of publication: 03/21/2013 Date of modification: 14/12/2016

Civil rights and freedoms of citizens

Civil rights and freedoms of citizens are the opportunities that every citizen has in the sphere of personal life. They are designed to ensure the independence and autonomy of people in their private lives, protection from interference in their inner world. Personal rights and freedoms cover a wide range of universal human values, without the observance and protection of which the existence of a person as an independent and independent person is impossible.

Civil rights and freedoms are recognized by the state and are enshrined in the Constitutions of the Russian Federation and the Republic of Tajikistan and other laws that comply with the Universal Declaration of Human Rights, international covenants on human rights, as well as other international standards. Rights and freedoms belong to a person regardless of his citizenship.

Let us consider the civil rights and freedoms of citizens in detail. Every person has the right to life (Article 20 of the Constitution of the Russian Federation, Article 31 of the Constitution of the Republic of Tajikistan). This is the most important and inalienable human right, a guarantee of his worthy existence.

The state takes upon itself the protection of people from illegal attacks on their lives. No one can be arbitrarily deprived of life. The death penalty for especially serious crimes against the lives of other persons is established by federal law as an exceptional punishment.

Deprivation of life is not considered a violation of the right to life if it is the result of protection from unlawful violence, a consequence of necessary defense or extreme necessity, or occurs during war.

The right to freedom and personal integrity means that a person is provided with protection from unlawful attacks on life, health, and personal freedom (Article 22 of the Constitution of the Russian Federation, Article 33 of the Constitution of the Republic of Tajikistan). The desire for freedom is one of the most powerful human feelings. A person associates the implementation of his plans and desires with freedom. In a word, only a free person has the opportunity to make an informed choice.

A citizen is free and has the right to perform any actions that do not contradict the law. At the same time, he should not be subjected to any coercion or restriction of rights. He independently determines his actions, using himself and his time. Freedom and personal integrity can be limited only by competent government bodies and only in accordance with the procedure established by law. For example, no one can be arrested or detained except on the basis of a court decision or with the sanction of a prosecutor. In case of arrest or detention, a citizen has the right to appeal these actions in court.

Every person charged with an offense is presumed innocent until proven guilty according to the law through due process of law. Persons deprived of their liberty have the right to be treated humanely and with respect for their dignity. No one should be subjected to torture, cruel, inhuman or degrading treatment or punishment. Without the voluntary consent of a person, one cannot subject him to medical, scientific or other experiments.

The state guarantees the right to defense (Article 46 of the Constitution of the Russian Federation, Article 46 of the Constitution of the Republic of Tajikistan). If a person cannot pay for a lawyer, legal assistance is provided to him free of charge.

The state is obliged to protect the dignity of the individual (Article 21 of the Constitution of the Russian Federation, Article 32 of the Constitution of the Republic of Tajikistan), nothing can be a basis for its derogation. Let us pay attention to the categorical, unambiguous nature of this statement. Nothing, no considerations of benefit or goodness can justify the humiliation of an individual.

What do we mean by dignity? Dignity is the recognition of a person’s special spiritual, moral, volitional and intellectual qualities. Safeguarding dignity means the right to be respected by others. People differ in their physical, intellectual and other qualities, property and social status. But the law equally protects their dignity. The inner moral dignity of a person, the honor of a person. Many people are sensitive to protecting their honor and dignity. The German poet and playwright Johann Friedrich Schiller (1759-1805) wrote: “Honor is more valuable than money.” In the old days there was a proverb: “A nobleman will not betray his honor, even though his little head will perish.” For insulting honor and dignity, they were challenged to a duel, and often died.

Remember the story of the death of A.S. Pushkin. When they began to talk about his wife Natalie’s betrayal, linking it with the name of Dantes, he challenged him to a duel. Pushkin's enemies fueled this dirty rumor. The poet decided to defend his honor and the honor of his wife in a duel. He assumed that he might die, but he preferred a duel and death than a life of dishonor. Did Pushkin have another way out? If there had been a law on the protection of dignity and honor, he could have gone to court.

But then such a procedure did not exist.

Under Russian law, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation and compensation for losses and moral damage caused by their dissemination. In those cases where attacks on honor and dignity have elements of a crime, the person guilty of this is brought to criminal responsibility.

Every citizen is ensured the inviolability of their home (Article 25 of the Constitution of the Russian Federation, Article 55 of the Constitution of the Republic of Tajikistan). This is an essential element of human freedom. No one has the right to enter a home and conduct a search or inspection against the will of the persons living there, except in cases and in the manner prescribed by law. A search is carried out in connection with a criminal case initiated by a reasoned decision of the investigator and only with the sanction of the prosecutor.

The secrecy of correspondence, telephone conversations, telegraph messages and the use of other means of communication is guaranteed by law (Article 23 of the Constitution of the Russian Federation, Article 36 of the Constitution of the Republic of Tajikistan). No stranger can read other people's letters or eavesdrop on other people's telephone conversations. Violation of this right entails legal liability. Exceptions from this rule are established only for law enforcement agencies of the state, and then only in cases and in the manner prescribed by law. Seizure of correspondence and wiretapping of telephone conversations is possible only during criminal proceedings and not otherwise than with the sanction of the prosecutor or by determination or order of the court.

The Constitution enshrines the right of everyone to privacy, personal and family secrets, and protection of one’s honor and good name. Private life is the sphere of family, business, and friendly relations between people.

There is such an episode in the famous comedy by Leonid Gaidai “The Diamond Arm”. The hero of the film gets into a taxi at the entrance of the house, holding a string bag in his hands. A vigilant social activist, seeing this, says: “Soviet people don’t take a taxi to the grocery store.” Wanting to expose him, she organizes surveillance of him and mobilizes “public” opinion. Suspicion and desire to look into the personal life of the tenant of their house, i.e. seeing something that should not concern anyone leads to a violation of the right of this citizen. It turns out that he did not violate anything; on the contrary, he helped law enforcement agencies. Do you think the assessment of the behavior of the “social activist” would change if the tenant turned out to be a criminal thief?

A person has the right to live the way he likes. In private life, a person seeks to satisfy personal interests. The collection, storage, use and distribution of information about a person’s private life without his consent is not permitted. A citizen has the right to familiarize himself with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law. Every person has the right to free movement within the country, choice of place of residence and residence, free entry and exit from the country (Article 27 of the Constitution of the Russian Federation, Article 39 of the Constitution of the Republic of Tajikistan). Restrictions on this right can only be established by law. Citizens have the right to freely leave Russia, the Republic of Tatarstan and return at any time; they cannot be evicted from the country.

In the recent past, this right was grossly violated in our country. Residence was limited by the possibility of registering with the local internal affairs agency, and movement was limited to places where entry could only be carried out with a special permit. Only a few could travel abroad after a thorough security check. An objectionable person was expelled from the country, and then not allowed back in. This was the case with the writer A.I. Solzhenitsyn. Our famous musician M. Rostrapovich and his wife, the talented singer G. Vishnevskaya, were also deprived of citizenship and were also not allowed into the country.

Citizens are guaranteed freedom of conscience and religion (Article 28 of the Constitution of the Russian Federation, Article 37 of the Constitution of the Republic of Tajikistan). In accordance with their convictions, everyone has the right to freely choose and profess any religion or not to profess any, have, disseminate religious or atheistic views, act in accordance with them, engage in religious or atheistic upbringing and education of children. The state respects the freedom of parents to provide religious education to their children in accordance with their convictions and choices. Freedom of poisoning of religious cults and ritual ceremonies is allowed. The right to create religious and other associations and to receive religious education has been proclaimed and guaranteed.

Persecution of a believer for his religious beliefs is a dangerous phenomenon. Religious fanaticism and intolerance towards believers of other religions are no less dangerous. Remember from your history course the bloody religious wars in France, England, and Russia.

It is prohibited to incite hostility and hatred in connection with religious beliefs. In accordance with the law, the equality of citizens is guaranteed regardless of their attitude to religion. All religious associations are equal under the law. Religious and atheistic associations are separated from the state; state bodies and officials do not interfere in matters of their activities. At the same time, the state protects the legal activities of religious organizations. Persons guilty of violating legislation on freedom of religion and conscience bear legal responsibility.

Every citizen has the right to determine and indicate his nationality, he is free to choose the language of communication, education, training and creativity, including the right to use his native language (Article 26 of the Constitution of the Russian Federation, Article 34 of the Constitution of the Republic of Tajikistan). You cannot be forced to determine and indicate your nationality. Using their native language is still difficult for many. The implementation of this right requires an increase in schools and preschool institutions in which children are taught in their native language.

Every citizen is guaranteed freedom of thought and speech; no one can be forced to express their opinions and beliefs or renounce them (Article 29 of the Constitution of the Russian Federation, Article 42 of the Constitution of the Republic of Tajikistan). These rights contribute to the spiritual and moral independence of man, and consequently to political and ideological diversity. Without these rights there is no real development of society.

Freedom of obtaining information is equally ensured (Article 29 of the Constitution of the Russian Federation, Article 48 of the Constitution of the Republic of Tajikistan). This right is much broader; it means not just to receive, but also to freely search, transmit, produce and distribute information in any legal way. Freedom of establishment of mass media (printed periodicals, radio, television and video programs, newsreels) is guaranteed. Censorship is prohibited. The use of this right is subject to certain restrictions with only one purpose - the protection of state secrets, morality, rights and freedoms of other persons. Abuse of freedom of the media or use to commit crimes is not permitted.

As we can see, the law provides for a very wide range of personal rights and freedoms . But we must always remember, as indicated in Art. 17 Constitution of the Russian Federation, art. 27 of the Constitution of the Republic of Tajikistan, that the exercise by a citizen of his personal rights and freedoms should not contradict the personal rights and freedoms of other people. The exercise of these rights and freedoms is also incompatible with actions that harm state and public security, public order, health and morality of the population, and the protection of the rights and freedoms of others.

Law enforcement officers want to gain access to citizens' correspondence without a court decision

The Ministry of Telecom and Mass Communications, together with the Ministry of Internal Affairs, the FSB and the Ministry of Economic Development, have prepared a bill that stipulates that owners or other owners of technological communication networks that have an autonomous system number are required to ensure the storage on the territory of the Russian Federation of information about the facts of reception, transmission, delivery and (or) processing of voice information, text messages, images, sounds, videos or other communications from users for three years from the end of such actions. At the request of the authorities carrying out operational intelligence or ensuring the security of Russia, such information must be transferred to fulfill the tasks assigned to these authorities.

It is also provided that owners or other owners of communication networks will have to suspend the provision of services to users on the basis of a reasoned decision of one of the heads of the body carrying out operational investigation or ensuring the security of Russia, and resume on the basis of a court decision or a reasoned decision of the one who made the decision on the suspension.

In a commentary to “AG”, Elena Avakyan, a member of the Council of the FPA of the Russian Federation, indicated that the provisions of the bill grossly violate the norms of Part 2 of Art. 23 of the Constitution in terms of ensuring the right to privacy of correspondence. She noted that, based on the interpretation of this constitutional norm given by various courts, including the ECHR (Decision of the Constitutional Court of October 2, 2003 No. 345-O, ECHR Ruling in the case “Roman Zakharov v. Russia”, decision of the Supreme Court dated 25 September 2000 No. GKPI00-1064), the information covered by the concept of “secrecy of correspondence” includes not only information about the contents of the letter, but also official information about the senders of the letter and the addressees of its recipient.

According to Elena Avakyan, the regulatory model provided for by the bill not only contradicts the Constitution in terms of the possibility of providing access to information about all messages to “authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation” without a corresponding court decision, but also encroaches on the right itself a citizen to freedom in its broad interpretation, since it provides the possibility of uncontrolled and arbitrary shutdown of communication services for any person at the direction of certain “heads of an agency carrying out operational investigative activities or ensuring the security of the Russian Federation.”

“Thus, judicial control over interference in the private life of citizens is actually eliminated and the burden of going to court is shifted to the citizen, who is actually asked to run after “law enforcement officers” in attempts to appeal their actions to suspend communication services, which in modern conditions, when the lion’s share all vital needs of citizens are realized through mobile phones and online services, when most financial transactions are carried out through online banking applications, when legally significant correspondence with government bodies is carried out through the public services portal, this actually means a complete blocking of a person’s life, that is, a restriction of his freedom in the new digital reality. I believe that even if it is possible to cause more damage to the digital transformation of society and the popularization of digital technologies among the population than the adoption of this bill in the proposed wording, it is very difficult,” summarized Elena Avakyan.

Aleksey Bukanev, partner at ZKS AB, considered that the amendments to the law are a consistent state policy regarding the possibility of controlling the transfer of data by various types of communications. He noted that the changes will really help operational officers in solving crimes and bringing the perpetrators to justice. “With the development of data transmission technologies to detect crimes, new opportunities for recording crimes are also required. With legal and proper enforcement, this will truly help law enforcement officials in protecting the rights and interests of citizens and the state. However, in modern Russia, this norm will be used more often for total control over citizens, their negotiations and the exchange of information in any form,” the expert believes.

In his opinion, the adoption of the bill will also significantly slow down the development of telecommunication networks, in particular 5G, since the financial burden on network owners to purchase the necessary equipment for storing a huge amount of information will increase many times over. “The state makes the work of operatives easier, but significantly complicates, and maybe even “ruins” the development of networks. In addition, part of the financial burden will be placed on ordinary citizens due to an increase in the cost of tariffs,” said Alexey Bukanev.

He also drew attention to the illegal and contrary to the Constitution provision that the suspension of the provision of communication services to users can be based on a reasoned decision of one of the heads of the body carrying out operational investigative activities or ensuring the security of the Russian Federation.

Lawyer of the Moscow Region Administrative Office Olga Karlova emphasized that the proposed changes make the provisions of Part 2 of Art. 23 of the Constitution, according to which everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision. In addition, the amendments completely destroy the fundamental human right to privacy, personal and family secrets.

“This is precisely that fragile moment and that fine line, having crossed which, the state turns a person’s private life into the personal property of authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation (or rather, specific officials from these bodies). After all, as can be seen from the proposed changes, these bodies, the list of which is also open, do not even need a court decision. In my opinion, this is simply monstrous,” said Olga Karlova.

The lawyer noted that access to such information can be had secretly, and the information obtained can be used at your own discretion. Also, according to the provisions of the bill, justification before the court for the need to request information about a specific person in respect of whom there is reasonable suspicion of his involvement in criminal activity is not required.

Olga Karlova drew attention to the fact that the court is also excluded from situations of suspension of provision to users,” the lawyer indicated.

In her opinion, it is necessary to fight crime in all its manifestations, including through the ability of law enforcement agencies to access information transmitted in various ways, but first of all and, of course, it is important to ensure guarantees of complete safety of information from possible “leakage,” and also the possibility of access to this information by law enforcement agencies only in agreement with the supervisory authority - the prosecutor's office and only after receiving court permission for such access, which must be motivated and justified.

Article 29

The commented article declares the principle of freedom of information.

It is based on the provisions of Art. 19 of the International Covenant on Civil and Political Rights of December 16, 1966 and Art. 10 European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950

Freedom of information is a concept that covers a whole group of rights and freedoms: freedom of speech (freedom of expression), freedom of the press and other media, the right to receive information of public importance, freedom to disseminate information in any legal way. Approximately such a list of rights and

freedoms contains Art. 29 of the Constitution of the Russian Federation. It contains a number of guarantees and at the same time restrictions on freedom of information. The most important guarantee of freedom of information is the prohibition of censorship, the prohibition of coercion to express one's opinions and beliefs, as well as to renounce them. The main limitation of freedom of information is the prohibition of any propaganda and agitation that incites social, national, racial, religious hatred and enmity, as well as propaganda of social, racial, national, religious or linguistic superiority. At the same time, the guarantee and restriction of freedom of information are enshrined in the provisions of paragraph 4 of Art. 29 of the Constitution, according to which the list of information constituting state secrets is determined by federal law. Freedom of information is not an absolute right

and may be limited in certain cases directly provided for by the Constitution of the Russian Federation and federal laws (for example, during a state of emergency or martial law). Part 3 art. 55 of the Constitution provides that the rights and freedoms of man and citizen may be limited. However, this is possible only by issuing a federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

It should be noted that the inclusion in the constitutions of most states of “developed democracies” of provisions on the inadmissibility of propaganda of social, racial, national, religious or linguistic superiority indicates the complete inability of democratic institutions to oppose this with any alternative ideology. Since the main values of a modern democratic society are material values, a significant part of thinking people, who do not want to worship the golden calf, strive

to other spiritual, national, religious values. In this regard, the popularity of nationalist and religious (including extremist) structures is constantly growing in the world. But democracy has nothing to oppose them ideologically, so we simply have to ban such ideology. True democracy would consist in the practical implementation of Voltaire’s saying: “I hate your beliefs, but I am ready to give my life for your right to express them.”

Freedom of thought is one of the basic personal freedoms of a person, which means, first of all, the freedom of the individual from any ideological control, the right of everyone to independently choose for themselves a system of spiritual values. Freedom of thought is an absolute human right and is not subject to restrictions under any circumstances. In the Constitution of the Russian Federation, freedom of thought is enshrined in Art. 29.

Freedom of speech is an integral part of a more general right called “freedom of information”. Freedom of speech is the opportunity to publicly (orally, in writing, using the media) express one’s opinion (thoughts). Legislation and judicial practice in democratic countries have developed a system of restrictions on freedom of speech in order to prevent abuse. In particular, in most countries of the world it is prohibited to use freedom of speech to call for the violent overthrow of legitimate state power, to disclose state and other secrets protected by law, to incite the commission of crimes, to incite national, racial, religious and other hatred, insults and slander against others persons, attacks on public morality and morality. The list of restrictions on freedom of speech may be expanded during a state of emergency or martial law.

Freedom of the media (freedom of the press) is one of the oldest constitutionally enshrined personal human rights and political rights of citizens, which is an integral part of a more general right - freedom of expression. First proclaimed in the French Declaration of the Rights of Man and Citizen of 1789. Freedom of the press implies the right to freely establish printed media (newspapers, magazines, etc.), freely publish and distribute any printed products, as well as the prohibition of censorship. In democracies, the law sets a number of restrictions on press freedom to prevent abuse. The list of these restrictions is the same as that of freedom of speech. In connection with the emergence of more and more new types of media in the world (television, radio broadcasting, etc.), in the newest constitutions the concept of freedom of the press is, as a rule, absorbed by the concept of “freedom of the media”. This is exactly how this question is formulated in Part 5 of the commented article.

Censorship (lat. censura) is the control of official authorities over content,

the publication and distribution of printed materials, the content and performance (display) of stage plays, radio and television broadcasts, and sometimes private correspondence (perlustration), in order to prevent or limit the dissemination of ideas and information recognized by these authorities as undesirable or harmful. According to the method of implementation, censorship is divided into preliminary and subsequent. Preliminary censorship involves the need to obtain permission to publish a book, stage a play, etc., subsequent censorship consists of evaluating already published, released publications and taking prohibitive or restrictive measures against persons who have violated censorship requirements.

Most modern constitutions (including the Constitution of the Russian Federation of 1993), while proclaiming freedom of information, directly prohibit censorship. However, in all countries of the world, the introduction of censorship is allowed when some of the states of emergency are declared (in the Russian Federation, censorship can be introduced when a state of emergency or martial law is declared - see Article 56 of the Constitution and the commentary thereto).

Part 5 of the commented article, as well as the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media,” declare a ban on censorship, although subsequent censorship actually takes place in the Russian Federation.

Thus, by decree of the President of the Russian Federation, the Federal Registration Service of the Russian Federation (Rosregistration) has been entrusted with the authority to maintain lists of extremist materials. Such lists are periodically published in the media.

According to Art. 8 of the Federal Law of July 25, 2002 No. 114-FZ “On Combating Extremist Activities”, in the event of dissemination of extremist materials through a mass media or identification of facts indicating the presence of signs of extremism in its activities, the founder and (or) editorial board (editor-in-chief ) of this mass media, the authorized state body that registered this mass media, or the federal executive body in the field of press, television and radio broadcasting and mass communications, or the Prosecutor General of the Russian Federation or the relevant prosecutor subordinate to him, issues a warning in writing about the inadmissibility of such actions or such activity, indicating the specific grounds for issuing a warning, including violations. If it is possible to take measures to eliminate the violations committed, the warning also sets a period for eliminating these violations, which is at least ten days from the date of the warning.

The warning may be appealed to the court in accordance with the established procedure.

If the warning was not appealed to the court in the prescribed manner or was not recognized by the court as illegal, and also if, within the period established in the warning, measures were not taken to eliminate the violations that served as the basis for issuing the warning, or if again within twelve months from the date After issuing a warning, new facts have been identified indicating the presence of signs of extremism in the activities of the media, the activities of the relevant media are subject to termination in the manner prescribed by the said law.

Official website of the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation explained the specifics of considering criminal cases of violation of privacy and the secrecy of correspondence or negotiations: the draft plenum proposes to classify information communicated to a lawyer as a personal secret, to include in the disclosure of “secrets” not only the content of correspondence and conversations, but also the very fact of their existence, and also not to punish for disclosing a secret if one of the participants in the conversation or correspondence agreed to its disclosure.

Information for a lawyer or doctor

Personal or family secrets are information about the life activities of a person or members of his family, which is not subject to control by society and the state, is not illegal in nature and information about which is not publicly available and is not made public by the citizen himself, explains the RF Armed Forces.

“In particular, personal or family secrets should include information about private life that was entrusted by a person in confidence to representatives of certain professions or that became known to them through their service or work - information communicated to the lawyer necessary for the provision of professional legal assistance; information about the presence and nature of the patient’s disease that became known to the doctor based on the results of the medical examination; etc.,” says the draft plenum.

At the same time, the Supreme Court explains that in order to be held criminally liable for disclosing personal or family secrets, it is necessary that the accused have intent.

“If information about a certain area of the life activity of a citizen or members of his family is not publicly available and is not made public by the citizen himself, for there to be a crime under Article 137 of the Criminal Code of the Russian Federation, the classification of such information as constituting a personal or family secret of the citizen must be covered by the intent of the guilty person,” - indicated in the document.

Not just content

Courts should keep in mind that the secrecy of correspondence, telephone conversations, postal, telegraph or other messages is considered violated when access is made to both their content and information about the very facts of correspondence, negotiations, messages without the consent of the person whose secret they constitute , is explained in the draft resolution.

“In particular, a violation of the secrecy of telephone conversations is illegal access to information about incoming and outgoing connection signals between subscribers or subscriber devices of communication users: date, time, duration of connections, subscriber numbers, other data that allows identifying subscribers,” the RF Armed Forces clarifies.

Illegal access to the content of correspondence, negotiations, messages can consist of familiarization with the text and materials of correspondence, messages, listening to telephone conversations, sound, sign messages, copying them, recording them using various technical devices, he points out.

The term “other messages” for the purposes of Article 138 of the Criminal Code of the Russian Federation should be understood as any confidential messages transmitted over electrical communication networks - SMS and MMS messages, fax messages, instant messages transmitted via the Internet, emails, video calls - and sent by postal or courier communications, including in the form of electronic documents on electronic media, the document says.

When one agrees

The Supreme Court proposes that the disclosure of information from correspondence or negotiations should not be considered a crime if one of its participants agrees to the publication of information.

“Acquaintance with the fact or content of correspondence, negotiations, messages with the voluntary consent of at least one of the persons whose secret messages they constitute does not constitute the specified crime. If, after such familiarization, information about the private life of a citizen, constituting his personal or family secret, was disseminated without his consent, then the actions of the guilty person may be qualified under Article 137 of the Criminal Code of the Russian Federation,” the draft resolution says.

Reconciliation with the victim

The Supreme Court reminds that criminal cases of violation of privacy, secrecy of correspondence or negotiations fall into the category of private-public accusations and are not subject to mandatory termination in connection with the reconciliation of the victim with the accused.

“At the same time, in cases where a person has committed such a crime for the first time, which is a crime of minor gravity, has reconciled with the victim and made amends for the harm caused to him, then the court has the right, based on the victim’s statement, to terminate the criminal case against this person,” he points out.

The Supreme Court emphasizes that when considering criminal cases of crimes provided for in Chapter 19 of the Criminal Code of the Russian Federation, courts should respond to violations of the rights and freedoms of citizens guaranteed by the Constitution, as well as other violations of the law by issuing private rulings or resolutions to relevant organizations and officials for adoption them the necessary measures.

Alice Fox

The Supreme Court of Russia clarified what constitutes interference in the privacy of personal life

MOSCOW, December 25. /TASS/. Interference with personal life becomes a crime if we are talking about information that the citizen himself did not want to make public. This was explained by the plenum of the Supreme Court of the Russian Federation in the resolution adopted on Tuesday “On some issues of judicial practice in cases of crimes against the constitutional rights and freedoms of man and citizen (Articles 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code of the Russian Federation).”

“When deciding whether a person’s actions contain the elements of a crime provided for in Part 1 or 2 of Article 137 of the Criminal Code of the Russian Federation (“Violation of privacy”), the court must establish whether it was his intent that information about the private life of a citizen is kept secret,” - explained the plenum.

At the same time, 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 at his will.”

The collection of information about the private life of a person, the Supreme Court explained, “understands deliberate actions consisting of obtaining this information in any way, for example, through personal observation, listening, interviewing other persons, including recording information by audio, video, photographic means, copying documented information, as well as by stealing or otherwise acquiring it.”

Dissemination of information about a person’s private life consists of communicating (disclosing) it to one or more persons orally, in writing or in another form and in any way, including via the Internet.

In addition, criminal liability for violating the secrecy of correspondence or telephone conversations (Article 138 of the Criminal Code of the Russian Federation) arises regardless of the presence of information constituting personal or family secrets.

“Under Article 138 of the Criminal Code of the Russian Federation, illegal actions that violate the secrecy of correspondence, telephone conversations, postal, telegraph or other messages of specific persons or an indefinite number of persons are subject to qualification if they are committed with direct intent. At the same time, liability under this article occurs regardless of whether the information transmitted in correspondence, negotiations, messages constitutes a citizen’s personal or family secret or not,” the plenum explained.

The “other messages” provided for in Article 138 of the Criminal Code of the Russian Federation include SMS and mms messages, fax messages, instant messages transmitted via the Internet, emails, video calls, as well as messages sent by other means. “When considering criminal cases of a crime under this article, courts should keep in mind that the secrecy of correspondence, telephone conversations, postal, telegraph or other messages is considered violated when access to correspondence, negotiations, messages is made without the consent of the person whose secret they are constitute, in the absence of legal grounds for limiting the constitutional right of citizens to the privacy of correspondence, telephone conversations, postal, telegraph and other messages,” the resolution says.

A violation of the secrecy of telephone conversations is also illegal access to information about incoming and outgoing connection signals between subscribers or subscriber devices of communication users (date, time, duration of connections, subscriber numbers, other data allowing to identify subscribers), the plenum emphasized.

Illegal access to the content of correspondence, negotiations, messages may consist of familiarization with the text and (or) materials of correspondence, messages, listening to telephone conversations, audio messages, copying them, recording them using various technical devices, etc.

According to judicial statistics, last year 63 people were convicted under this article in Russia, in 2021 - 50 people.

Commentary to Art. 138 of the Criminal Code of the Russian Federation

The object of this criminal attack is social relations arising in connection with the exercise of the right to privacy of correspondence, telephone conversations, postal, telegraph or other messages. The specified rights in accordance with Part 2 of Art. 23 of the Constitution of the Russian Federation can be limited only on the basis of a court decision.

The subject of the crime in question is postal or telegraph correspondence, telephone conversations, postal, telegraph and other messages. To qualify a crime, the medium of information and its content do not matter.

The direct object of the crime provided for in Part 3 of Art. 138 of the Criminal Code of the Russian Federation, is the procedure established by law and other regulatory legal acts for the production, acquisition, and sale of special technical means intended for secretly obtaining information.

The objective side of the crime is expressed in an active form of behavior and consists of performing any illegal actions that violate the secrecy of correspondence, telephone conversations, postal, telegraph or other messages of citizens (parts 1, 2 of Article 138 of the Criminal Code of the Russian Federation), as well as alternative actions in the form of illegal production, sale or acquisition for the purpose of sale of special technical means intended for secretly obtaining information (Part 3 of Article 138 of the Criminal Code of the Russian Federation).

Illegality of actions means their commission, gaining access to the contents of correspondence, telephone conversations, etc. under conditions not specified by law. Therefore, it cannot be considered a violation of the secrecy of telephone conversations if they were intercepted with the permission of a judge on the basis and conditions established by Federal Law of August 12, 1995 N 144-FZ “On Operational-Investigative Activities”.

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NW RF. 1995. N 33. Art. 3349.

The Constitution of the Russian Federation, guaranteeing everyone the right to privacy, secrecy of correspondence, telephone conversations, postal, telegraph and other messages, allows for the possibility of limiting this right only on the basis of a court decision (Article 23), which is specified, in particular, in Part 2 Art. 8 of the Federal Law “On Operational-Investigative Activities”, according to which the conduct of operational-investigative activities that limit the constitutional rights of a person and a citizen to the secrecy of correspondence, telephone conversations, postal, telegraph and other messages transmitted over electrical and postal communication networks is allowed on on the basis of a court decision and if there is information: about the signs of an unlawful act being prepared, committed or committed, for which a preliminary investigation is mandatory; about persons preparing, committing or having committed an unlawful act for which a preliminary investigation is mandatory; about events or actions (inaction) that create a threat to the state, military, economic or environmental security of the Russian Federation.

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See: Determination of the Constitutional Court of the Russian Federation of March 20, 2007 N 178-О-О // Constitutional justice in the CIS and Baltic countries. 2007. N 13.

Special technical means intended for secretly obtaining information act as the subject of a criminal attack (Part 3 of Article 138 of the Criminal Code of the Russian Federation), as well as a means of committing the crime in question (Part 2 of Article 138 of the Criminal Code of the Russian Federation).

Special technical means intended for secretly obtaining information are understood as equipment, technical equipment and (or) tools designed, adapted or programmed for secretly receiving and recording acoustic information; listening to telephone conversations; interception and recording of information from technical communication channels; control of mail messages and items; research of objects and documents; receiving (changing, destroying) information from technical means of its storage, processing and transmission.

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See: Decree of the Government of the Russian Federation of July 1, 1996 N 770 // SZ RF. 1996. N 28. Art. 3382.

Such means include, for example, special technical means for covertly receiving and recording acoustic information, for covert visual observation and documentation, for covert wiretapping of telephone conversations, for covert interception and registration of information from technical communication channels, for covert control of postal messages and shipments, for covert examination of objects and documents, for covert entry and inspection of premises, vehicles and other objects, and others.

The illegality of performing the actions specified in the disposition of Part 3 of Art. 138 of the Criminal Code of the Russian Federation means their commission in violation of the established procedure.

So, for example, Art. 17 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities” establishes a requirement for licensing activities for the development, production, sale and acquisition for the purpose of selling special technical means intended for secretly obtaining information by individual entrepreneurs and legal entities carrying out business activities. In development of the provisions of the Law, Resolution of the Government of the Russian Federation of July 15, 2002 N 526 was adopted “On approval of the Regulations on licensing activities for the development, production, sale and acquisition for the purpose of selling special technical means intended for secretly obtaining information by individual entrepreneurs and legal entities, carrying out entrepreneurial activities."

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NW RF. 2001. N 33 (part I). Art. 3430.

NW RF. 2002. N 29. Art. 2965.

Resolution of the Government of the Russian Federation dated March 10, 2000 N 214 approved the Regulations on the import of these funds and their export from the Russian Federation.

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NW RF. 2000. N 12. Art. 1292.

The objective side of the crime under Part 3 of Art. 138 of the Criminal Code of the Russian Federation, constitutes the commission of actions specified in the law in violation of the above and other regulatory legal acts. If there are appropriate signs, the act in question can be classified as a set of crimes provided for in Part 2 of Art. 138 of the Criminal Code of the Russian Federation - committing an act with technical means intended for secretly obtaining information.

The production of these technical means should be understood as their industrial or handicraft production, adaptation of household equipment for special purposes, its modernization for secretly obtaining information, etc. Sales involve the transfer of an item to another person (at least one), exchange, donation, etc. Any form of taking possession of them can be considered an acquisition. If the method of taking possession of an object contains signs of an independent crime (for example, theft), the act should be classified according to the totality of the crimes.

Familiarization with the contents of correspondence or telephone conversations with the consent of one of the subscribers, although it violates the indicated constitutional rights of the other, does not constitute the crime under consideration.

The elements of the crime in question are formal. The crime is completed from the moment of committing an act that violates the specified secret, or performing actions for the production, sale or acquisition for the purpose of sale of special technical means intended for secretly obtaining information.

When deciding whether there is a violation of the secrecy of correspondence, telephone conversations and other communications of citizens, it is necessary to base it on all the circumstances of the case: relations with the victim, motivation for behavior, frequency of violations, method of committing the act, etc. This is necessary in order to distinguish between a criminal act and a minor act. So, for example, an act in which a neighbor, out of curiosity, pulled a letter out of the mailbox and, after reading it, returned it to its place, can hardly be recognized as a crime. The act was committed only once. Formally, in this situation the corpus delicti exists. However, the absence of socially dangerous consequences, the only fact of such an action give grounds for the conclusion that there is no corpus delicti due to the insignificance of the act.

The subjective side of the crime is characterized by guilt in the form of direct intent. The person is aware that he is taking actions aimed at violating the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages, and wishes to carry them out. In a qualified composition (Part 2 of Article 138 of the Criminal Code of the Russian Federation), the person, in addition, is aware that he uses special technical means intended for secretly obtaining information to familiarize himself with the contents of correspondence, telephone conversations or postal, telegraph or other messages act with their use. The motive for the crime does not affect the qualification of the act. They may be curiosity, self-interest, envy, etc.

When performing an act prohibited by Part 3 of the article in question, a person is aware that he is illegally producing, selling or acquiring for the purpose of selling special technical means intended for secretly obtaining information, and wants to perform these actions.

The acquisition of these technical means constitutes a crime only if there is a purpose for their sale, which must be pursued by the buyer already at the time of purchase of the goods.

In the main compositions (parts 1, 3 of Article 138 of the Criminal Code of the Russian Federation) the subject of the crime is a common one. He is a sane person who has reached the age of sixteen. In a qualified composition (Part 2 of Article 138 of the Criminal Code of the Russian Federation) a special subject. He is a person using his official position (see commentary to Article 136 of the Criminal Code of the Russian Federation).

These can be both “ordinary” employees (postman, radio operator, telegraph operator), and officials who, due to the performance of their official duties, provide communication services, have access to communication hardware, their maintenance or repair, transportation or delivery of correspondence, etc. .

The actions of officials can be qualified in combination with official crimes if there are elements of these crimes.

In cases where there is a violation of the confidentiality of correspondence, etc. is a way of violating privacy, as noted above, the act should be qualified under Art. 137 of the Criminal Code of the Russian Federation.

Chapter 2. Rights and freedoms of man and citizen

Article 17

1. In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution.

2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.

3. The exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons.

Article 18

The rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.

Article 19

1. Everyone is equal before the law and the court.

2. The state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

3. Men and women have equal rights and freedoms and equal opportunities for their implementation.

Article 20

1. Everyone has the right to life.

2. Until its abolition, the death penalty may be established by federal law as an exceptional measure of punishment for especially serious crimes against life, providing the accused with the right to have his case heard by a court with the participation of a jury.

Article 21

1. Personal dignity is protected by the state. Nothing can be a reason to belittle him.

2. No one should be subjected to torture, violence, or other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.

Article 22

1. Everyone has the right to freedom and personal security.

2. Arrest, detention and detention are permitted only by court decision. Pending a court decision, a person cannot be detained for more than 48 hours.

Article 23

1. Everyone has the right to privacy, personal and family secrets, protection of their honor and good name.

2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision.

Article 24

1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not permitted.

2. State authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.

Article 25

Home is inviolable. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision.

Article 26

1. Everyone has the right to determine and indicate their nationality. No one can be forced to determine and indicate their nationality.

2. Everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity.

Article 27

1. Everyone who is legally present on the territory of the Russian Federation has the right to move freely, choose their place of stay and residence.

2. Everyone can freely travel outside the Russian Federation. A citizen of the Russian Federation has the right to freely return to the Russian Federation.

Article 28

Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess, individually or together with others, any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and to act in accordance with them.

Article 29

1. Everyone is guaranteed freedom of thought and speech.

2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity are not permitted. Promotion of social, racial, national, religious or linguistic superiority is prohibited.

3. No one can be forced to express or renounce their opinions and beliefs.

4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information by any legal means. The list of information constituting a state secret is determined by federal law.

5. Freedom of the media is guaranteed. Censorship is prohibited.

Article 30

1. Everyone has the right to association, including the right to create trade unions to protect their interests. Freedom of activity of public associations is guaranteed.

2. No one can be forced to join or remain in any association.

Article 31

Citizens of the Russian Federation have the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing.

Article 32

1. Citizens of the Russian Federation have the right to participate in the management of state affairs, both directly and through their representatives.

2. Citizens of the Russian Federation have the right to elect and be elected to government bodies and local self-government bodies, as well as to participate in a referendum.

3. Citizens declared incompetent by a court, as well as those held in prison by a court sentence, do not have the right to elect or be elected.

4. Citizens of the Russian Federation have equal access to public service.

5. Citizens of the Russian Federation have the right to participate in the administration of justice.

Article 33

Citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments.

Article 34

1. Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.

2. Economic activities aimed at monopolization and unfair competition are not allowed.

Article 35

1. The right of private property is protected by law.

2. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.

3. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.

4. The right of inheritance is guaranteed.

Article 36

1. Citizens and their associations have the right to own land in private ownership.

2. Possession, use and disposal of land and other natural resources are carried out by their owners freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.

3. The conditions and procedure for using land are determined on the basis of federal law.

Article 37

1. Labor is free. Everyone has the right to freely use their ability to work, choose their type of activity and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment.

4. The right to individual and collective labor disputes is recognized using the methods for resolving them established by federal law, including the right to strike.

5. Everyone has the right to rest. A person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave.

Article 38

1. Motherhood and childhood, the family are under the protection of the state.

2. Caring for children and raising them is an equal right and responsibility of parents.

3. Able-bodied children who have reached the age of 18 must take care of disabled parents.

Article 39

1. Everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.

2. State pensions and social benefits are established by law.

3. Voluntary social insurance, the creation of additional forms of social security and charity are encouraged.

Limitation of a person's right to privacy

This article discusses possible restrictions on the human right to privacy. Undoubtedly, it is important that they must be proportionate, provided for by law, based on a court decision and necessary in order to achieve the security of a particular state and protect the rights and freedoms of man and citizen.

Key words: human right to privacy, privacy, restrictions on the human right to privacy.

The right to privacy, according to the definition of the Constitutional Court of the Russian Federation (hereinafter referred to as the Constitutional Court of the Russian Federation) dated June 9, 2005 No. 248-O, “means the opportunity granted to a person and guaranteed by the state to control information about himself, to prevent the disclosure of information of a personal, intimate nature "

Restrictions on the right to privacy, as well as other constitutional rights and freedoms of man and citizen, must be proportionate, provided for by the Constitution of the Russian Federation or federal law and established in order to protect the constitutional system, morality, health, rights and freedoms of man and citizen, ensure the defense of the country and state security [3].

As for foreign experience, the right to privacy may be limited if it is directly enshrined in the law. In Art. Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states that interference by the state in a person’s private life is lawful if it is necessary “in a democratic society in the interests of national security and public order, the economic well-being of the country, for the prevention of disorder or crime, for protection of health or morals or protection of the rights and freedoms of others” [1].

You should also pay attention to the decisions of the European Court of Human Rights, which are an integral part of the above-mentioned convention. Summarizing them, we can formulate some conditions for legal interference in a person’s private life, namely:

– it must be justified and necessary in a democratic society to achieve the goals provided for in paragraph 2 of Art. 8 of the Convention;

– it should be interpreted in a limited manner, since it is an exception to the right guaranteed by paragraph 1 of Art. 8 of the Convention;

– restrictions on the right to privacy must be provided for by domestic legislation, and it must define clear grounds for such restrictions with sufficient clarity [2].

Having looked at the experience of foreign countries in resolving this issue, it is necessary to find out the legal conditions for limiting the right to privacy in Russia.

According to Art. 56 of the Constitution of the Russian Federation, when a state of emergency is introduced on the territory of the Russian Federation in order to ensure the safety of citizens and protect the constitutional order, the constitutional rights and freedoms of man and citizen, provided for in Part 1 of Art. 23 of the Constitution of the Russian Federation. They include the right to privacy, personal and family secrets, protection of the honor and dignity of a person and citizen.

Restrictions on the right to privacy may be provided in connection with the introduction of a legal regime for a counter-terrorist operation in order to protect the vital interests of the individual and the state, to suppress and disclose a terrorist act. In accordance with Federal Law No. 35-FZ dated March 6, 2006 “On Countering Terrorism,” the legal regime of a counter-terrorism operation involves monitoring telephone conversations and other information and other activities.

Also based on the Federal Law of 04/03/1995 No. 40-FZ “On the Federal Security Service”, the possibility of carrying out measures related to the fight against terrorism, limiting human rights provided for in Part 2 of Art. 23 of the Constitution of the Russian Federation, is possible only on the basis of a judge’s ruling and a reasoned petition from the head or deputy of the anti-terrorism body [8].

According to the Federal Law of August 12, 1995 No. 144-FZ “On Operational Investigative Activities”, when conducting operational investigative activities, the bodies implementing them must ensure the rights and freedoms of man and citizen, including their right to privacy. But the constitutional rights provided for in Part 2 of Art. 23, allow interference in a person’s private life, their restriction on the basis of a certain court decision and in the presence of information “about the signs of an unlawful act being prepared, committed or committed, for which a preliminary investigation is mandatory, about persons preparing, committing or having committed an unlawful act, according to for which a preliminary investigation is mandatory, about events or actions (inaction) that create a threat to the state, military, economic, information or environmental security of the Russian Federation” [5].

Also, the Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ stipulates that the constitutional rights prescribed in Part 2 of Art. 23 of the Constitution of the Russian Federation, are subject to restrictions only on the basis of a court decision [6].

In the same way, control and recording of telephone conversations, seizure of postal and telegraphic items can be carried out solely on the basis of a court decision in the event that this information, objects and documents are important for the criminal case. In this regard, the investigator submits a petition to the court and waits for the appropriate decision. And only on the basis of a court decision does he have the right to impose arrest. Also, by decision of the court, he can inspect and seize information contained in electronic messages if they are relevant to the criminal case.

It is also necessary to consider the inviolability of information that constitutes a person’s personal secret, which subsequently becomes a professional secret.

As for medical confidentiality, its constituent information is not subject to disclosure to persons to whom it became known in the performance of their professional duties. Or their disclosure is permitted with the written consent of the data carrier or his legal representative. But in certain cases their disclosure is allowed. Firstly, if a citizen, due to his state of health, is not able to express his will, and this information is necessary for his medical examination and further treatment. Secondly, this becomes possible due to the threat of the spread of various infectious diseases. Thirdly, in the case of providing medical assistance to a minor to inform parents or legal representatives about his health status. And other exceptions [7].

If we consider attorney-client privilege, then its disclosure is possible only if the information and objects obtained during operational search activities or investigative actions can be used as evidence for the prosecution [4].

Thus, the restrictions on the rights provided for in Part 1 and Part 2 of Art. 23 of the Constitution of the Russian Federation must be provided for by law, be based on court decisions, and be carried out when necessary to ensure the security of the state, protect the rights and fundamental freedoms of man and citizen, their health and morality. It is also important that they should not be interpreted absolutely, since they imply their implementation within a strictly defined period of time.

Literature:

Convention for the Protection of Human Rights and Fundamental Freedoms (concluded in Rome on November 4, 1950) (as amended on May 13, 2004) (together with “Protocol [No. 1]” (signed in Paris on March 20, 1952), “Protocol No. 4 on ensuring certain rights and freedoms in addition to those already included in the Convention and the first Protocol thereto" (signed in Strasbourg on September 16, 1963), "Protocol No. 7" (signed in Strasbourg on November 22, 1984)).
Resolution of the ECtHR dated January 12, 2016 “Case of Szabo and Vissy v. Hungary” (complaint No. 37138/14).
Determination of the Constitutional Court of the Russian Federation dated 06/09/2005 No. 248-O.
Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” (latest edition).
Federal Law “On Operational Investigative Activities” dated August 12, 1995 No. 144-FZ (latest edition).
Federal Law of December 18, 2001 No. 174-FZ “Criminal Procedure Code of the Russian Federation” (as amended on August 2, 2019).
Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” (latest edition).
Federal Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (latest edition).