The Concept of «Broad» Interpretation of the Right to Privacy in the Decisions of the Constitutional Court of the Russian Federation

Abstract

The relevance of the article is connected with the formation and development of the concept of "broad" interpretation of the right to private life, which finds expression both in foreign and domestic law, the influence of this concept on peculiarities of modern legal regulation of private life. Analyzing the processes of formation and development of the right to privacy in Russia and foreign countries, based on the decisions of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the author comes to the conclusion that there are processes that tend to constitutionalization of the domestic right to privacy (as a negative right), the evolution of the said right into a comprehensive right (a system of rights and powers) which includes both negative and positive elements. That ultimately leads to a significant expansion of the impact on the area of the right to privacy. Meanwhile, a special role of the Constitutional Court of the Russian Federation in these processes is highlighted. In this case it plays the role of a generator of new, positive beginnings in the field of legal regulation of private life, expanding the scope of the impact of the right to privacy.