РЕШЕНИЯ ЕВРОПЕЙСКОГО СУДА ПО ПРАВАМ ЧЕЛОВЕКА И УГОЛОВНАЯ ОТВЕТСТВЕННОСТЬ ЗА НАРУШЕНИЕ ТАЙНЫ ПЕРЕПИСКИ, СООБЩЕНИЙ, ПЕРЕГОВОРОВ, ЛИЧНОЙ И СЕМЕЙНОЙ ТАЙНЫ С ИСПОЛЬЗОВАНИЕМ СЕТИ «ИНТЕРНЕТ»
THE EUROPEAN COURT'S OF HUMAN RIGHTS DECISIONS AND CRIMINAL RESPONSIBILITY FOR BREAKING OF SECRET OF CORRESPONDENCE, MESSAGES, CONVERSATIONS, PERSONAL AND FAMILY SECRET WITH USE INTERNET

Summary/Abstract: Criminal-legal questions of illegal listening recording by technical devices of phone conversations of breaking of secret of correspondence, mail and another messages with use internet are analysed in the article.Inviolability of private life of personal and family secret, secret of correspondence, phone conversations, mail, telegraph and another messages are guaranteed by 23 article of the Constitution of Russian Federation. However working email, voice conversations with use of corporative computer devices and working phones often by the employer are browsed, listen and recorded. The labor contract could have point in accordance with it the employee agrees on prohibition of use corporative mail and phones for personal purposes. In addition the employee is notified on browsing, listening and recording messages, phone conversations by the employer. The employee agrees on writing form with it. The aspect on employee's consent about browsing of email listening and recording of voice conversations as ground for excepting of criminal responsibility in accordance with article 138 of CC RF is researched in the article.

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