THEORETICAL AND LEGAL ANALYSIS OF THE CONCEPT OF “INTERFERENCE IN PRIVATE COMMUNICATION”
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
This article is devoted to the theoretical and legal analysis defined in part 4 (Article 258) of the Criminal Procedure Code of Ukraine, the concept of “interference in private communication”, that takes place during the private investigative actions. The conduct of this research is stipulated by the fact, that the formation and development of any science is ensured by existence of the stable conceptual apparatus, which in turn is a reliable tool in development of a corresponding theory and generalization of practice of the investigated of the phenomena or process. Its scientific and theoretical definition is important for law enforcement activities, because of the precise formulation of this concept and the content of its constituent elements – the nature of the corresponding phenomena, objects and actions is revealed. To ensure a comprehensive theoretical and legal analysis of the concept of “interference in private communication” – the article clarifies the meaning of the word – combinations of which it is comprised, and the text clarification is used for interpreting the law enforcement rules. The essence of such interpretation lies in the clarification of the meaning of the law through the grammatical analysis of its verbal formulation, establishing the meaning of each concept and expression taken in the normative order. This suggests an author’s definition of the term “privacy”, the emergence of which is associated with the development of a doctrinal approach to the humanization of law, which at one time became particularly widespread in the United States, and clarification of the term “private communication” used in the domestic criminal procedural law. According to the results of the theoretical and legal analysis, the concept of “interference in private communication”, its constituent elements and essential features, suggests its refinement and presentation in the following wording: interference in private communication is an activity regulated by law, aimed at obtaining access to the content of information transmitted in any form from one person to another directly or by any means of communication of any kind under such physical and legal conditions in which the participants have sufficient reason to believe that it is protected against willful interference by other persons.
Authors and Affiliations
Роман Вікторович Писарчук
Keywords
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