Imposing arrest on correspondence, its inspection and confiscation in criminal proceedings as a means of restricting a person’s right to privacy of communication

Abstract

The article highlights the results of a scientific study of the approach to understanding the imposition of an arrest on correspondence, its inspection and seizure in criminal proceedings as a means of restricting a person’s right to privacy of communication. The main international legal documents that declare the concept and content of the right to freedom of communication are analyzed. The author’s position is given on the existing approaches in science to the distinction between the right to privacy of personal and family life and the right to freedom of communication in modern legal doctrine. It is stated that the right to freedom of communication should be guaranteed in criminal proceedings, based on international standards for the functioning of the mechanism of its restriction, which implies the need to comply with the criteria for the admissibility of such a restriction formulated in international practice: legality of the restriction; achievement of one of the legitimate goals and necessity in a democratic society. It is noted that one of the means of restricting the right to secrecy of communication is the seizure of correspondence, its examination and seizure as a covert investigative (search) action.

As a generalization, it is noted that the right to freedom of communication should be guaranteed in criminal proceedings, based on international standards for the functioning of the mechanism for its restriction. One of such means of restricting this right is the seizure of correspondence, its inspection and seizure as a covert investigative (search) action, where the procedure for restricting the right to freedom of communication must comply with the provisions of the current criminal procedural legislation of Ukraine and be carried out in accordance with international standards for its restriction.