Limits of Acceptable State Interference in Privacy

DOI

10.2991/assehr.k.200321.124How to use a DOI?

Keywords

domestic violence, state interference, private life, interference in privacy, legislation

Abstract

The problem of the limits of permissible state interference in private life is directly related to the protection of family life. Hence the relevance of the widespread discussion in Russia regarding the problem of domestic violence and the adoption of a federal law to combating this negative phenomenon. Russian statistics on domestic violence are fragmented, which makes it difficult to objectively assess the extent of the problem. Such uncertainty and incompleteness of information allows supporters and opponents of a special draft law on combating domestic violence to operate on the results of selective research that are convenient for them and the preferred sources of information. It is necessary to develop a legal definition of domestic violence, which includes a description of objectively recorded signs. The proposed formulations of the definition of domestic violence do not meet this requirement. The danger of interference in privacy has become not a threat but a fact. Sometimes the state intervenes in private life, performing protective functions. State intervention is permissible only if there is a real threat to life and health. It is also the state’s task to develop mechanisms to protect and receive assistance on a voluntary basis to participants of conflicts that do not threaten life and health. The Russian criminal law has already criminalized various forms of manifestation of domestic violence. Therefore, the current Russian legislation as a whole cannot be recognized as an effective remedy against domestic violence. The complexity of the situation is associated not so much with gaps in legal regulation as with law enforcement practice, where the de facto problem of domestic violence by officials is underestimated or openly ignored.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - V.Y. Kvashis
AU  - Y. Sluchevskaya
PY  - 2020
DA  - 2020/03/24
TI  - Limits of Acceptable State Interference in Privacy
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 255
EP  - 258
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.124
DO  - 10.2991/assehr.k.200321.124
ID  - Kvashis2020
ER  -