Problematic issues of criminal liability for violation of the inviolability of housing, as well as the commission of these acts by an official: national and international legislation

Abstract

The inviolability of a person's home is a principle recognized by the interna-
tional community. In the exercise of his or her rights and freedoms, everyone may
be subjected only to such limitations as are prescribed by law solely for the purpose
of ensuring due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a
democratic society (Article 29(2) of the Universal Declaration of Human Rights of
1948, Article 18 of the Convention for the Protection of Human Rights and Funda-
mental Freedoms of 1950 (Supreme Court decision, case No. 757/41727/19-ц of
12.03.2020). In particular, Art. 12 of the Universal Declaration of Human Rights,
adopted and proclaimed by UN General Assembly resolution 217 A (III) of Decem-
ber 10, 1948, provides that: "No one shall be subjected to arbitrary interference
with his or her privacy, family, home or beliefs... Everyone shall have the right to the
protection of the law against such interference with his or her privacy or home." A
similar requirement is contained in Article 17 of the International Covenant on Civil
and Political Rights, adopted by the UN General Assembly on December 16, 1966,
which entered into force for Ukraine on March 23, 1976. The guarantee of inviola-
bility of the home is established by Article 30 of the Constitution of Ukraine, Article
311 of the Civil Code of Ukraine and Articles 7, 13, 233 of the Criminal Procedure
Code of Ukraine. The Constitution and other laws do not provide for the right of
anyone to enter a person's home or other property at any time only because some-
one is illegally staying there and possessing it, except in urgent cases specified in
part 2 of Article 30 of the Constitution. These constitutional norms protecting hu-
man rights and freedoms are enshrined in the Criminal Procedure Code as the prin-
ciples of criminal proceedings (Articles 7 and 13 of the CPC), which prohibit entry
into a person's home or other property, inspection or search thereof except on the
basis of a reasoned court decision, except in cases provided for by this Code.