Человек в мире чувств. Очерки по истории частной жизни в Европе и некоторых странах Азии до начала нового времени
The possibility and conditions of legal protection of private life depend on the content of this notion, which has not been well elaborated in Russia and abroad. Private, personal life includes personal freedom, freedom of choice of human behaviour (restricted by law), abiding place, places of work and leisure, etc. The way of spending time is also personal choice. Invasion of privacy such as gathering information, stalking and cyberstalking, mental pressure on the victim, infliction of emotional suffering, psychological “terror”, harassment or other actions (controlling or coercive behaviour) are socially dangerous and require regulation under criminal law. The paper analyses foreign laws (UK, Germany, Poland) stipulating criminal liability for stalking, controlling or coercive behaviour in an intimate or family relationship, and determines the corpus delicti of these crimes. The author examines the definition of private life in legal science, jurisprudence and legislation, and concludes that the reviewed concept needs a broader interpretation in law. Specific features are identified in foreign laws that criminalise emotional distress.
The case law of the European Court of human rights on article 10 in its significant part may be referred as well-established. However, in addition to the well-established criteria new types of cases appear and new approaches emerge. The present article analyses the Court’s practice on protection of dignity and honor in the light of Article 8 in conjunction with Article 10, on arising positive obligations of the state under Article 10, on interpretation of “reputation of others” as a legitimate aim under part 2 of Article 10, and on legal regulation of political advertising.
The article is devoted to a criminal characteristic of social phenomenon of cyber-stalking (harassment using various means of communication, the Internet, mobile devices, etc.)