137 Article of the Criminal Code. Violation of privacy

Relatively recently, the right of inviolability of private life was established in the world. This happened at the end of the 19th century. During the bourgeois revolutions, the right of immunity became widespread in Europe. The normative consolidation was carried out in the legislation of France. In the Bill of Rights and the US Constitution, this right is not recorded positively. However, it is derived from some amendments to the Constitution of the country.

Historical background

The first scientific development of the right to privacy was reflected in the article by Brendais and Warren - legal scholars. The work was published in 1890 in the USA. Subsequently, this right was supported by a number of precedents of the Armed Forces of America. The Supreme Court justified its existence and derived from some amendments to the Constitution. In the 40's and 50's. The right to privacy was fixed by a number of international treaties. Their norms were implemented (implemented in practice) in the laws of many states, including the USSR, and later the Russian Federation. Subsequent development of the right has received in some precedents in Strasbourg in the European Court.

Normative base in Russia

In the Russian Federation, the inviolability of the private life of citizens is established by Articles 23 and 24 of the Constitution. Among the regulatory acts that regulate this right are the Federal Law "On Personal Data", the Civil Code, as well as international treaties. Of the latter, the most important is the Declaration on Human Rights, the Convention on their Protection, the International Covenant. Inviolability of private life in the Russian Federation is protected by Article 137 of the Criminal Code of the Russian Federation.

Main Categories

What specifically protects Article 137 of the Criminal Code? The commentary can be given the following.

Human and civil rights include:

• The prohibition on the collection, use and storage of information about other people without their permission to do so;
• Protection of honor and good name;
• Self-monitoring of information about yourself;
• Protection of individual data;
• Secret communication.

In Article 137 of the Criminal Code, the legislator also included the mystery of adoption, medical diagnosis, confession.

The concept of privacy

In jurisprudence, this term is designated as a subjective human right to conduct the lifestyle that is provided for by his personal convictions, moral values and worldview. It does not exist separately from public concepts. For example, rest, which is considered an element of private life, can also be viewed as a kind of social relations.

Features

Private life is based on:

• Preservation of the secrets of those aspects of human existence that do not relate to social relations;
• Principle of preservation of personal status.

The main parties to private life include:

1. The house, including the right to inviolability of housing.
2. The family. In a legal context, a person has the right to secrecy, relatives and relatives may not testify against each other in court.
3. Gen. A person has the right to organize relationships in his home and family as he sees fit.
4. Correspondence. The state guarantees the secrecy of correspondence.
5. Health. A person may not disclose his state of health, the doctor must keep the secret of the diagnosis.
6. Religion. Citizens have the opportunity to be unhindered in any religious organization or be atheists.

The above aspects are protected by articles 137, 138 of the Criminal Code of the Russian Federation. The legislator provides for various types of liability for violation of these rights.

Article 137 of the Criminal Code: composition

The norm of the Criminal Code establishes responsibility for the unlawful collection, dissemination and storage of information relating to the private life of a citizen related to his family or personal secret, without his consent or the dissemination of this information in public appearances, demonstrated to the public work or the media. Article 137 of the Criminal Code defines as punishment:

1. The fine is up to 200 000 rubles. Or in the amount of wages or other income of the guilty person for 18 months.
2. Compulsory work up to 360 hours.
3. Deprivation of liberty for 2 years with the prohibition to occupy certain positions and positions or carry out certain activities for up to 3 years.
4. Corrective labor for 1 year.
5. Arrest up to 4 months.
6. Forced labor up to 2 years with subsequent deprivation of the right to engage in certain types of activities or stay in some positions and positions or without it.

Responsibility in the use of official position

Article 137 of the Criminal Code of the Russian Federation for the above acts in this case establishes:

1. Deprivation of the right to stay in certain positions and positions or carry out certain activities for a period of 2 to 5 years.
2. Arrest up to 6 months.
3. Forced labor up to 4 years with the prohibition to perform a number of duties and carry out some activities for five years or without it.
4. A fine of 100 to 300 thousand rubles. Or in the amount of salary or other income of the perpetrator for a period of one to two years.
5. Deprivation of liberty for up to 4 years with the prohibition to occupy a number of posts and positions and carry out certain activities for five years.

Article 137 of the Criminal Code of the Russian Federation for minors

The law protects the right to privacy of persons who have not attained the age of 18. In particular, Article 137 of the Criminal Code includes the following.

Dissemination in the publicized work or presentation, the media or through the channels of information and telecommunications networks of data indicating the identity of the injured citizen under the age of 18 in a criminal case or information describing the moral or physical suffering he received as a result of a crime that caused a mental disorder Or other serious consequences, is considered illegal.

Article 137 of the Criminal Code establishes the following liability for the above offenses:

1. Forced labor up to 5 years with the deprivation of the opportunity to occupy certain positions and positions or carry out certain activities for 6 years or without it.
2. Fine from 150 to 350 thousand rubles. Or in the amount of salary or other income of the guilty person for a period of 18 months. Up to 3 years.
3. Prohibition of staying in certain positions or positions for 3-5 years.
4. Arrest to six months.
5. Deprivation of liberty for up to 5 years with the prohibition to stay in certain positions and perform certain actions for 6 years.

Finally

Thus, the state ensures the protection of the private life of any citizen, including those who have not reached adulthood. This allows people to feel free and understand that they live in a democratic country. In case of violation or infringement of rights, citizens can apply to the court in the general order. It should be remembered that no one has the right to encroach on the good name, honor and personal life of other people who belong to them since birth.