CRIMINAL PROTECTION OF THE SECRECY OF CORRESPONDENCE OF FOREIGN STATES: A COMPARATIVE ANALYSIS

Abstract

In the article the authors investigated the peculiarities of criminal law protection of secrecy ofcorrespondence in foreign countries and the structure of their criminal law. The study examines criminal law andconstitutional norms that protect and guarantee the secrecy of correspondence of countries such as Poland, France,Germany, Georgia, Switzerland, Sweden, Spain and Turkey. The authors conducted a comparative analysis of thelegislation of these states with Ukrainian criminal law. The article analyzed in detail the experience of Poland inthis area, conducted a thorough analysis of Polish criminal law, its structure, the composition of offenses involvingviolations of the secrecy of correspondence, and more. In the article, the authors also analyzed the views of Polishscholars on this issue. The criminal legislation of France and Germany was also studied in detail. Examining the criminal law of France, the authors paid considerable attention to the structural features of the French CriminalCode, as well as problems that arise during the qualification of such acts. The differences between the criminal lawprotection of the right to secrecy of correspondence of the Federal Republic of Germany were analyzed in detail. Theauthors conducted a thorough study of the offenses that violate the secrecy of correspondence under the CriminalCode of this country. Such an analysis revealed the advantages and disadvantages of the criminal norms of thesestates. Considerable attention in this study was paid to the comparison of Ukrainian criminal law with the norms ofcountries such as Georgia, Switzerland, Sweden, Spain and Turkey. These countries have shown the highest levelof protection of the human right to secrecy of telephone conversations, correspondence and communication. This isdue to the fact that Swiss criminal law is one of the most advanced in Europe. The criminal law of Sweden and Spainmost fully protect the human right to secrecy of correspondence. In these countries, they cover the most importantareas of a person's life, and Swedish law also protects him from encroachment by public authorities. The uniquenessof Turkish law is that the Criminal Code of this country allows legal entities to choose their own security measuresand independently regulate such activities. At the end of the study, the authors conclude that the experience of thesecountries is the best for implementation in Ukraine, so it needs more detailed study.