HUMAN ASPECTS OF INFORMATION SECURITY IN CRIMINAL PROCEEDINGS: GENERAL CHARACTERISTICS

Abstract

The research provides an examination of general profile of human aspects of information security in criminal proceedings. The novelty of the article is performed by the requirements to evolve effective mechanisms of operational risks associated with information operations, security and integrity violations, confidentiality breaches, unauthorized access to the information.

The content of human aspects of information security in criminal procedure, in order to overcome the matters that arise in ensuring the rights and freedoms of an individual involved in criminal justice is discussed. The basic features of a private life, essential criteria that distinguish an individual among the others and affect a person’s behavior are highlighted in the article.

The peculiarity of any criminal procedure is that pre-trial investigation or court proceedings are almost always accompanied by restrictions on the rights and freedoms of individuals. Without their application, under certain conditions, crime prevention activities may become ineffective. At the same time, Article 3 of the Constitution of Ukraine declares that an individual, his or her life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Therefore, an investigator, prosecutor, judge or even the Constitutional Court of Ukraine must act according to the state interests and individual’s rights that strive against each other. Taking into account the abovementioned fact, the matter of protecting an individual from illegal or arbitrary actions in criminal procedure, mostly those related to violations of privacy and security, interference into private and family life, is viewed as extremely relevant.

Scientific and empirical methods for acquiring knowledge are used in the study. Thus, among the scientific methods, in particular, the system-structural method, the method of functional analysis should be focused on. Among the main approaches of comparative law research are legislative method, descriptive method, conceptual method, functional method and factual method. Legislative regulations related to the subject matter of the study have been acquired.

Based on the results of the research, the protective function of criminal law has been highlighted in the provisions of the Criminal Code of Ukraine. It is proved that a private life of a person is a way of functioning in a special sphere of family, home, intimate relations, which are not the subject to be controlled by the state, public organizations or individuals. At the same time, the idea of the information security of a person in criminal proceedings is achieved by effective ensuring the constitutional right that defines in Art. 32 of the Constitution of Ukraine that no one shall be subjected to interference in his private life and family matters, except when such interference is stipulated by the Constitution of Ukraine. Among the further perspectives of the scientific research there are matters of ensuring information security and ways to tackle them.

Key words: guarantees, law, information security, criminal proceedings, an individual, restrictions of individual rights and freedoms, court, private and family life, temporary access to objects and data.