The ratio of legal regimes of official and professional secrets
Автор: Kamalova G.G.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы теории государства и права, конституционного и административного права
Статья в выпуске: 4 т.16, 2016 года.
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The purpose of this research is the differentiation of legal regimes of professional and official secrets. The author formulates the author's definition of official secrets and supplemented objectives of its protection. The problems of ratio of special legal regimes are considered on the basis of a comparative analysis of the relevant elements of the regime. As a result, she identified the common and distinctive features of the analyzed species of special legal regimes of restricted information. The common features are: professional nature of the activity, comprehensive protection of "one’s own" and "other people’s" secret object overlap mode, the application of ethical standards. The author notes that in the part of the professional nature of the characteristics of the subjects - the holders of professional and official secrets are the same. She noted the presence in the professional secrecy of information, not only information provided by the client, but also collected and produced subject of professional secrecy. For these types of legal regimes restricted information differing elements are: to ensure the confidentiality of information, the nature and legal status of the subjects. The author notes that in the mode of professional secrecy protected, not only the rights of individuals - principals of information, but also the interests of the subjects of professional activity and the state. Significant differences exist in the nature of relations: private law for the special regime of professional secrecy and public law to professional secrecy. Based on this analysis, she concluded that the difference between the legal institutions of professional and official secrets on set of elements of the legal regime. The scope of application of the results of research supports problem solving systematization of law-protected kinds of restricted information.
Information law, information of limited access, privacy, professional secrecy, official secrecy, comparison, systematization
Короткий адрес: https://sciup.org/147150116
IDR: 147150116 | DOI: 10.14529/law160415