The restriction of constitutional rights of missing citizens

The article focuses on the admissibility of limiting constitutional rights of citizens when checking the information about their disappearance. In accordance with clause 12 of the Instruction on the procedure of consideration of applications, crime reports and other information on incidents involving disappearance of citizens approved by Order No. 38/14/5 of 16.01.2015, upon receiving an application about disappearance of a person, all circumstances related to the event of his/her disappearance (time, place, method etc.), information characterizing his/her personality and psycho-emotional state, the circle of his/her relationships and contacts are investigated in detail. Due to the necessity to identify a circle of the missing person’s relations and contacts, the problem arises about the investigator’s access to the protected by the Constitution of the Russian Federation secrecy of telephone conversations, in particular the information in the memory of the mobile phone of the missing person. In accordance with article 23 of the Constitution of the RF, everyone has the right for secrecy of correspondence, telephone conversations, postal, Telegraph and other messages. The limitation of this right is allowed only based on a judicial decision. It appears that the inspection of information contained in the mobile phone of the missing person may be made only on the basis of a judicial decision, due to the impossibility to have the owner’s voluntary consent.