The Protection of Constitutional Right to Private Life: Questions of Theory and Practice

Abstract

The dissertation is a comprehensive study of the protection of the constitutional right to privacy, in which the theoretical and practical aspects of this issue are revealed at a new scientific level from the standpoint of natural law, the general principles of modern constitutionalism, taking into account the practice of the European Court of Human Rights, the Constitutional Court of Ukraine, national courts.
Chapter 1”General theoretical aspects of protecting the constitutional right to privacy” defines the content of the constitutional right to privacy and characterizes its constituent elements and the degree of their mutual influence and interconnection; the place of the right to privacy in the system of constitutional personal human rights, its delimitation from related constitutional rights has been established; analyzed the constitutional principles of protection of the right to privacy.
Chapter 2 “Characteristics of the protection of the constitutional right to privacy (based on the practice of the European Court of Human Rights, the Constitutional Court of Ukraine, national courts)” analyzes and systematizes international standards for the protection of the right to privacy and their implementation in the legislation of Ukraine, determines the content and scope of positive State obligations to protect the constitutional right to privacy; based on the analysis of the practice of the ECHR, the Constitutional Court, national courts, the criteria for the legality / illegality of restrictions and interference with the right to privacy are formulated.