Civil law regime of attorney-client privilege

Автор: Sannikov D.V.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 4, 2022 года.

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The article is devoted to a rather rare research focus of attorney-client privilege - its civil law regime. The author focuses on the extremely low degree of scientific elaboration of the relevant issues in comparison with the criminal-legal aspects of attorney-client privilege in general and the inviolability of private life in particular. The article attempts to clarify the regulatory framework of the civil law regime of attorney-client privilege. To this end, the author consistently examines the constitutional prerequisites of the legal regime of legally protected secrecy, as well as the civil law regulation of privacy. The conclusion is made about the primacy of civil legislation in matters of legal regulation of the civil-legal regime of attorney-client privilege in terms of the regulation of intangible benefits in general and private life in particular. Attention is paid to regulatory legal acts regulating confidential information, personal data, as well as attorney-client privilege directly. It has been found out that one of the determinants determining the existence of a lawyer's secret of a civil law regime is the emergence of a binding relationship between the lawyer and the principal, which determines the dissemination of the requirements of paragraph 2 of Article 152.2 of the Civil Code of the Russian Federation to the information that has become known in connection with the fulfillment of the obligation.

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Attorney's secret, personal secret, professional secret, private life, personal data, confidential information, intangible benefits, civil law regime

Короткий адрес: https://sciup.org/147239712

IDR: 147239712   |   DOI: 10.17072/2619-0648-2022-4-90-100

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