Criminal protection of secrecy: Kazakhstan and some European countries
Yesimkhanova G.B. Zhetpisov S.K. Erbolatov Y.E. Olzhabaev B.Kh. Azhibayeva Z.K.
2024FrancoAngeli
Rivista di Studi sulla Sostenibilita
2024Issue 2277 - 303 pp.
At the present stage of the formation of society, the spread of confidential information and state secrets acquires extreme importance. The law protects all possible interactions with such information, that is collection, formation, use, and distribution. At the same time, actions violating the law on the protection of secrecy is a priority for the policy of Kazakhstan. The relevance of the research stems from the need to study the aspects of criminal protection of restricted access information, taking into account international experience. The article aim is to analyse the specific features of criminal-legal protection of restricted access information on the basis of a comprehensive analysis of the current legislation of some foreign countries and analyse the European Court of Human Rights case law. The methodological basis of the study was the general scientific methods of legal phenomena as follows: dialectical, structural-functional, formal, system analysis and synthesis, and special scientific methods inherent to theories of law such as comparison interpretation of legal norms. The complex application of different methods of scientific knowledge is aimed at ensuring the validity of the conclusions and reasoning of the proposals made as a result of the research. The study drew attention to the fact that in the international legal doctrine there are different views on the correlation of terms “personal data”, “protection of secrecy”, “protection of privacy”. The practice of the European Court of Human Rights in protecting the right to privacy, foreign experience in regulating the secret protection and international legal instruments in the field of restricted access information were examined. A number of changes were proposed as follows: the unification of the general legal definition of “secret” in the legislation of Kazakhstan and replacement of “secret” by “privacy” with subsequent argumentation in some cases; changes in the terminology of legal concepts; and amending the legislative base of the Republic of Kazakhstan. The materials of the article can be useful for teachers and students of legal disciplines, practising lawyers, the representatives of the legislative branch of government and anyone who is interested in the area of criminal protection of secrecy. Copyright
criminal law standards , ECtHR , protection of rights , restricted access information , secret
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Training Center of The Committee of The Penitentiary System, Cycle of Special Disciplines, Ministry of Internal Affairs of The Republic of Kazakhstan, 40 Kataeva Str., Pavlodar, 140000, Kazakhstan
Department of Constitutional, International and Customs Law, Eurasian Law Academy Named After D.A. Kunayev, 050000, 107 Kurmangazy Str., Almaty, Kazakhstan
Department of Law, Innovative University of Eurasia, 45 Lomov Str., Pavlodar, 140000, Kazakhstan
Department of Jurisprudence, Toraighyrov University, 140008, 64 Lomov Str., Pavlodar, Kazakhstan
Training Center of The Committee of The Penitentiary System
Department of Constitutional
Department of Law
Department of Jurisprudence
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