CONFIDENTIALITY AS A PRINCIPLE OF CRIMINAL AND EXECUTIVE LAW

Abstract

The article is devoted to defining the principle of confidentiality in the criminal and executive law of Ukraine. This principle belongs to the category of general legal principles, which is equally relevant for both the sphere of public and private law. The article emphasizes the need to perceive this principle as an integral component of the system of criminal and executive institutions. It is indicated that in modern legal conditions this principle is directly related to such a phenomenon as personal information in the context of its perception as a subject of modern legal relations. It is noted that this principle should be perceived through the prism of its general aspects: privacy, non-interference, accessibility, protection, which are grouped into two groups. The first group reflects the identification of information in the context of its subject belonging to a separate natural person. The second group forms the legal regime of definition and regulation of confidential information within the limits of modern legal relations. It is noted that the given author's aspects actually form a complex model of perception of the principle of confidentiality within any field of law. It is indicated that within the framework of criminal executive law, the principle of confidentiality is first of all reflected in the legal regulation of legal relations between a lawyer and a person serving a sentence. In this context, this principle is reflected in the confidential meetings of these persons and correspondence between them. The principle of confidentiality is also reflected in the conditions of legal regulation of pastoral care in institutions of the execution of punishments. It is emphasized that the secret of confession is a phenomenon that is approved and regulated in criminal law and ensures the confidentiality of relations between the priest and the person serving the sentence. The principle of confidentiality is also reflected in the direct activities of employees of penal institutions. This is related to the formation, filling and management of personal files of convicts. It is noted that this type of professional activity of officials of the criminal enforcement system reflects all aspects of the principle of confidentiality without exception.