Authors : Nail I. Gazetdinov, Nadezhda G. Muratova and Maxim S. Sergeev
Abstract: The study deals with the rights of correspondence and telephone conversations privacy during the seizure of electronic mobile devices. The right to privacy of correspondence, telephone conversations, postal, telegraph and other communications, stated in Part 2 of the Article 23 of RF Constitution, belongs to the category of basic constitutional rights and freedoms of a man and a citizen. The relevance and practical significance of the study is based on the uncertainty of legislation interpretation, an ambiguous position of courts at the determination of mobile device seizure legality. The development of society and information technologies requires new approaches to the assessment of protected values, aimed at criminal defense increase concerning the protection of correspondence, telephone conversations and other postal and telegraph message privacy. The researchers analyzed the norms of domestic and Foreign legislation (Belgium, USA, Canada), studied court practice in order to develop a common approach to solve the identified problem. The study is aimed at: the identification of problems concerning any constitutional rights to privacy of correspondence and telephone conversations during the seizure of electronic mobile devices through the analysis of legislation standards and court practice, the development of solutions based on our research.
Nail I. Gazetdinov, Nadezhda G. Muratova and Maxim S. Sergeev, 2015. Comparative Legal Analysis of the Legal Regulation Concerning Correspondence and Telephone Conversation Privacy Problem at the Seizure of Mobile Communication Devices According to the Legislation of Foreign Countries (Belgium, USA, Canada). The Social Sciences, 10: 1988-1993.