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The Statutory Framework of the Soviet Law of Privacy

The Statutory Framework of the Soviet Law of Privacy 209 THE STATUTORY FRAMEWORK OF THE SOVIET LAW OF PRIVACY SERGE L. LEVITSKY Senior Research Fellow, Documentation Office for East European Law, University of Leyden Faculty of Law Professor of Law, New York Law School . I. ' In introducing the'right to protection of the citizens' "personal life" (lichnaia zhizn' grazhdan), the Soviet Constitution of 1977 does not, in its article 56, treat it as a "general right of privacy" within the meaning of the Warren- Brandeis doctrine, 1 nor consider it a part of the "general right of personali- ty", in Gierke's sense.2 (a) Unlike in the United States,3 the Constitution is not, in the Soviet Union, the ultimate source of all privacy rights and authority for their judicial pro- tection. The inclusion of subjective rights into the Soviet Constitution merely acknowledges their social, political or ideological value; it does not generate these rights or touch upon their legal contents. Definition of the precise scope of legal protection is assigned to subordinate legislation, either ex- pressly (e.g., art.58) or as an implied mandate to the legislator.4 Art.56 itself calls upon "ordinary" law to devise appropriate means for the protection of the citizens' personal life and to define http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

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Publisher
Brill
Copyright
© 1983 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529883X00216
Publisher site
See Article on Publisher Site

Abstract

209 THE STATUTORY FRAMEWORK OF THE SOVIET LAW OF PRIVACY SERGE L. LEVITSKY Senior Research Fellow, Documentation Office for East European Law, University of Leyden Faculty of Law Professor of Law, New York Law School . I. ' In introducing the'right to protection of the citizens' "personal life" (lichnaia zhizn' grazhdan), the Soviet Constitution of 1977 does not, in its article 56, treat it as a "general right of privacy" within the meaning of the Warren- Brandeis doctrine, 1 nor consider it a part of the "general right of personali- ty", in Gierke's sense.2 (a) Unlike in the United States,3 the Constitution is not, in the Soviet Union, the ultimate source of all privacy rights and authority for their judicial pro- tection. The inclusion of subjective rights into the Soviet Constitution merely acknowledges their social, political or ideological value; it does not generate these rights or touch upon their legal contents. Definition of the precise scope of legal protection is assigned to subordinate legislation, either ex- pressly (e.g., art.58) or as an implied mandate to the legislator.4 Art.56 itself calls upon "ordinary" law to devise appropriate means for the protection of the citizens' personal life and to define

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law)Brill

Published: Jan 1, 1983

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