Affiliation:
1. Southwest State University
Abstract
Relevance. The article considers the peculiarities of civil protection of a person's private life after his death by other persons in accordance with Art. 152.2 of the Civil Code of the Russian Federation. The positions of legal scholars regarding the ambiguous phenomenon of «experience of law» with the inalienability of intangible benefits, when information about the private life of a deceased citizen is subject to posthumous protection, are analyzed. The established judicial practice was studied to resolve such claims for civil law remedies for the right to privacy of a deceased person, decisions of the Constitutional Court and clarifications of the Supreme Courts of the Russian Federation on issues related to the protection of the personal non-property law in question in civil proceedings.The purpose of the study is to supplement theoretical provisions deepening the civil law theory of posthumous protection of privacy, and to develop proposals to eliminate existing gaps in civil ¬ legal regulation in this area.Objectives: to analyze court decisions on claims for posthumous protection of private life, decisions of the Constitutional Court and decisions of the Supreme Courts of the Russian Federation, to identify shortcomings in the wording of Art. 152.2 of the Civil Code of the Russian Federation, as well as to update, taking into account scientific discussions, proposals regarding the sale of intangible benefits after death.Methodology. To achieve a theoretical and practical result, the author used scientific (analysis, synthesis, induction and deduction) and private scientific methods (formal-legal, system-analytical and formal-logical, method of analysis and generalization of judicial practice).The results of the study are determined by its theoretical and applied nature and contain the author's vision of improving the norms of the Civil Code of the Russian Federation in terms of posthumous protection of the right to privacy (changing the list of persons entitled to protect the interests of the deceased, legalizing the concept of «good memory of a deceased citizen»).Conclusion. Posthumous protection of privacy is delegated by the state to close relatives of the deceased person by virtue of public and personal interest. In connection with death, the legal personality of a person ceases, and those who protect the privacy of the deceased become the subjects of legal relations.
Publisher
Southwest State University
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