Administrative and procedural security of the intrusion on citizens’ rights on the secrecy of correspondence, telephone conversations, telegraphic and other correspondence
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2018, Vol 3, Issue
Abstract
The article establishes the limits of administrative law norms regulatory influence sphere during the interference of the state with the citizens’ right to the secrecy of correspondence, telephone conversations, telegraph and other correspondence. The place of the administrative procedure in the course of such an intrusion is determined. Different scientific approaches to the definition of the administrative procedure concept and classification of administrative procedures are considered. The place of «intrusion» administrative procedures in this classification is determined. The problems connected with the necessity of interference by the state in certain human rights or their restriction with the aim of guaranteeing the person’s other rights protection or other peoples’ rights are investigated. The issue of the procedure for the implementation of such an intrusion regulation is considered in order to ensure law and order and exclude the possibility of state bodies’ uncontrolled intrusion into the sphere of citizens’ private life. The article analyzes the norms of the National Legislation of Ukraine, which regulates the intrusion of the state in the citizens’ right to the secrecy of correspondence, telephone conversations, telegraph and other correspondence. The boundaries of administrative law norms on the normative regulation of intrusion with the citizens’ rights to the secrecy of correspondence, telephone conversations, telegraph and other correspondence legal influence is outlined. Within the study, it was found that an intrusion into the citizens’ rights on the secrecy of correspondence, telephone conversations, telegraph and other correspondence should be carried outa according to a clearly regulated procedure at the legislative level. Along with this, there are separate cases in which intrusion in the citizens’ rights can not be considered as a violation or restriction of the right to privacy of correspondence, telephone conversations, telegraphic and other correspondence, in particular, when such an intrusion is carried out with the consent of persons for whom relevant measures are being taken.
Authors and Affiliations
В. В. Говорун
Keywords
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