The article is devoted to the study of the problem of differentiation of criminal liability for encroachments on personal and family secrets in modern Russian criminal law. The author focuses on the need for an integrated approach to ensuring proper legal protection of this area of legal relations, emphasizing the importance of the difference between the collection and dissemination of confidential information. The object of the study is social relations arising in the field of personal and family secrets, as well as criminal law mechanisms that ensure the protection of these relations. The subject of the study is legal structures and legal institutions regulating the differentiation of criminal liability for these offenses. The purpose of the study is to develop scientifically based proposals to improve the mechanism for differentiating criminal liability for attacks on personal and family secrets, taking into account current trends and the increasing threat of intrusion into the private sphere of citizens. Special attention is paid to the study of foreign experience and judicial practice of the highest judicial instances of Russia. The author identifies the shortcomings of the current legislation regarding the insufficient differentiation of responsibility for the collection and dissemination of personal and family secrets. Recommendations are proposed to improve the effectiveness of legal protection of confidentiality, including the introduction of additional liability for violating personal information related to various types of secrets, as well as tougher sanctions for individual cases of disclosure. The methodological basis of the research includes the use of formal logical methods of analysis and synthesis, classification and limitation of concepts, comparative jurisprudence, historical and legal and comparative legal methods. The scientific novelty of the work consists in a detailed analysis of currently existing approaches to the differentiation of criminal liability, as well as the systematization of foreign practices and the development of specific recommendations for the reform of domestic legislation, focusing on increasing the level of protection of personal and family secrets in the context of modern technology and social change. In contrast to existing approaches that consider personal and family secrets as a single or related object, the study substantiates their differentiation. Personal secrecy is positioned as the core of the constitutional right to privacy of an individual, while family secrecy is interpreted as confidential information that arises within a special social community – the family, and is protected in the interests of all its members.
Andrei Vladimirovich SHokur (Mon,) studied this question.