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Уголовно-правовая защита частной жизни в России и за рубежом
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.