Open AccessThe principles of criminal law in the aspect of protection of constitutional rights of citizens
Author(s) -
Оlena Oliinyk,
Vasyl Farynyk,
Andrii Vozniuk,
Olena Volobuieva,
Oksana Beryslavska
Publication year - 2020
Publication title -
revista amazonía investiga
Language(s) - English
Resource type - Journals
ISSN - 2322-6307
DOI - 10.34069/ai/2020.27.03.49
Subject(s) - confidentiality , criminal law , originality , law , element (criminal law) , dialectic , object (grammar) , subject (documents) , value (mathematics) , political science , criminal procedure , sociology , computer science , epistemology , artificial intelligence , philosophy , machine learning , creativity , library science
Description. The purpose of the article is to identify the subject of crimes related to the violation of confidentiality of telephone conversations transmitted by means of communication or through a computer, to qualify the criminal activity properly and to distinguish them from other crimes and misdemeanors. The purpose of the article also covers the issues of the principles of criminal law, which can solve the problems of formulating certain rules of the law on criminal liability, designed to protect the constitutional rights and freedoms of an individual. Methodology. In the course of the study general and special methods of the legal science were used: comparative and legal method; formal and dogmatic method; dialectical method; statistical method. The results of the study made it possible to identify the areas for improving the principles of criminal law for breach of confidentiality of correspondence, telephone, telegraph or other kinds of correspondence transmitted by means of communication or through the computer, and the areas of international cooperation in this area. Practical implications. According to the results of the research, some proposals were made for a more precise formulation of the characteristics of the object as well as the elements of the objective element of the crime under consideration. Value / originality. Based on the authors’ approach to identifying the subject matter of a crime, which involves liability for violation of confidentiality of correspondence, telephone conversations, telegraph or other correspondence transmitted by means of communication or through a computer, it was determined what features of the subject matter of the crime in question should be recorded in laws and what principles of criminal law can solve the task set by the study.