Problems of constitutional protection of the secret of correspondence, telephone and other negotiations, postal, telegraph and other messages in the field of criminal proceedings

The article examines modern problems caused by the contradictions between the current criminal procedural legislation, the proclaimed constitutional guarantees of protecting the secrecy of correspondence, telephone and other conversations, and the practical needs of investigative bodies to seize and inspect smartphones used for criminal purposes. To eliminate contradictions, it was concluded that it is necessary to change the criminal procedural legislation, supplementing it with rules that would allow the seizure and inspection of telephones and other computer equipment without a court decision. modern smartphones and other computer equipment, at the same time a protected constitutional value, will be given a special status of «special technological means of committing crimes», and the bodies of inquiry and preliminary investigation will receive legal powers to obtain their evidentiary information.