Fomina L.Y. —
Protection of right to respect of private and family life in the practice of the European Court of Human Rights (environmental aspects)
// Law and Politics. – 2019. – ¹ 6.
– P. 35 - 41.
DOI: 10.7256/2454-0706.2019.6.43247
URL: https://en.e-notabene.ru/lamag/article_43247.html
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Abstract: This article is dedicated to the problem of protection of environmental rights within the practice of the European Court of Human Rights in accordance with the Article 8 of the Convention on Human Rights and Fundamental Freedoms, ensuring the right to respect of private and family life. The author reviews the practice of protection of environmental rights not only with regards to pollution, but also other types of negative impact upon the environment, including potential risks. The research analyzes the criteria of protection of environmental rights and conditions for permissibility of government’s interference within the framework of implementation of the Article 8 of the Convention on Human Rights and Fundamental Freedoms. The author examines the practice of the European Court of Human Rights in the area of application of the Article 8 of the Convention on Human Rights and Fundamental Freedoms in relation to ensuring environmental rights. The author acknowledges the possibility of its application in terms of immediate impact upon private life, family of an individual who reached a certain minimal level. The conclusions are made on permissibility of restricting environmental rights with presence of relevant legislation, legitimate purpose, necessity in a democratic society, as well as government’s positive obligations with regards to taking appropriate measures towards their factual implementation.
Fomina L.Y. —
International standards of personal data protection in the conditions of information society
// International Law. – 2019. – ¹ 4.
– P. 50 - 59.
DOI: 10.25136/2644-5514.2019.4.31828
URL: https://en.e-notabene.ru/wl/article_31828.html
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Abstract: This article is dedicated to the international standards of personal data protection in the conditions of information society. The author examines the international regulation on the questions of personal data protection, as well as the separate aspects of its implementation in the Russian law; analyzes the concept of personal data in accordance with the existing international act and documents in this sphere. The study also considers the key requirements that must be complied with in processing of personal data based on the existing international acts and documents, as well as responsibilities of the state aimed at ensuring their compliance. The rights and responsibilities of the subjects of legal relations emerging due to personal data protection are revealed. The author underlines the possibility of applicability of international norm protecting the private sphere to the protection of personal data, as well as distribution of the norms and recommendations onto the states that are not their members, along with citizens and organizations of such countries. The conclusion is made on the broad understanding of personal data in accordance with the existing international norms, primarily the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, signed in 1981; need for demarcation of the pseudo-minimized and anonymous data; compliance with the minimum general requirements to the processing of personal data, and behavior of the subjects of such legal relations.
Fomina L.Y. —
Questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life: practice of the European Court of Human Rights
// International Law and International Organizations. – 2019. – ¹ 4.
– P. 69 - 77.
DOI: 10.7256/2454-0633.2019.4.31876
URL: https://en.e-notabene.ru/mpmag/article_31876.html
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Abstract: This article is dedicated to examination of the questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life in practice of the European Court of Human Rights. The author explores the international legal regulation of the questions of bioethics and biomedicine, practice of the European Court of Human Rights within the framework of the Article 8 of Convention on the Protection of Human Rights and Fundamental Freedoms with regards to the topic, potential implementation of the corresponding norms and legal provisions in the Russian juridical practice. The conclusion is made on applicability of the Article 8 8 of Convention on the Protection of Human Rights and Fundamental Freedoms to particular problems related to the sphere of bioethics and biomedicine, including the use of the assisted reproductive technologies and transplanting. The author analyzes the problem of demarcation between private and family life in the context of the protection of rights relating to bioethics and biomedicine, and the corresponding criteria formulated by the European Court on Human Rights. The conducted research claims the possibility of government’s interference into the right to respect of one’s private and family life within the framework of the sphere of bioethics and biomedicine in accordance with the general criteria of its admissibility; dedicating particular attention to determination of boundaries of the margin of state discretion; and finding the balance of interests among various entities.
Fomina L.Y. —
Protection of private and family life in the European Union law
// International Law and International Organizations. – 2018. – ¹ 4.
– P. 10 - 17.
DOI: 10.7256/2454-0633.2018.4.28392
URL: https://en.e-notabene.ru/mpmag/article_28392.html
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Abstract: This article is dedicated to the problem of protection of right to respect for private and family life in the European Union law. The author examines the legal regulation and content of right to respect for private and family life in the European Union in conjunction with rule of law with the Council of Europe. The author considers the interpretation of corresponding rules in practice of the European Court of Human Rights and Court of Justice of the European Union, correlation of the right to respect for private and family life with the right to protection of personal data. The article analyzes the provisions of the Charter of Fundamental Rights of the European Union and Convention for the Protection of Human Rights and Fundamental Freedoms dedicated to protection of private and family life, as well as their interaction within the European Union Law. The corresponding rules of European Convention for Protection of Human Rights and Fundamental Freedoms are recognized by the European Union Law in determining the content of the law under consideration, but without EU Court’s prioritization of it within the current EU law enforcement. In the European Union law, the right to protection of personal data is allocated as an independent right guaranteed alongside the right to respect for private and family life, which differs from the approaches established in the Council of Europe law.