Criminal protection of secrecy: Kazakhstan and some European countries

Gulmira B. Yesimkhanova, Serik K. Zhetpisov, Yernar E. Erbolatov, Bulat Kh. Olzhabaev and Zhanna K. Azhibayeva

RIVISTA DI STUDI SULLA SOSTENIBILITA', 2024, vol. XIV, issue 2, 277-303

Abstract: At the present stage of the formation of society, the spread of confi-dential information and state secrets acquires extreme importance. The law protects all possible interactions with such information, that is col-lection, formation, use, and distribution. At the same time, actions vio-lating the law on the protection of secrecy is a priority for the policy of Kazakhstan. The relevance of the research stems from the need to study the aspects of criminal protection of restricted access infor-mation, taking into account international experience. The article aim is to analyse the specific features of criminal-legal protection of restricted access information on the basis of a comprehensive analysis of the current legislation of some foreign countries and analyse the European Court of Human Rights case law. The methodological basis of the study was the general scientific methods of legal phenomena as fol-lows: dialectical, structural-functional, formal, system analysis and synthesis, and special scientific methods inherent to theories of law such as comparison interpretation of legal norms. The complex appli-cation of different methods of scientific knowledge is aimed at ensur-ing the validity of the conclusions and reasoning of the proposals made as a result of the research. The study drew attention to the fact that in the international legal doctrine there are different views on the correla-tion of terms ?personal data?, ?protection of secrecy?, ?protection of privacy?. The practice of the European Court of Human Rights in pro-tecting the right to privacy, foreign experience in regulating the secret protection and international legal instruments in the field of restricted access information were examined. A number of changes were pro-posed as follows: the unification of the general legal definition of ?se-cret? in the legislation of Kazakhstan and replacement of ?secret? by ?privacy? with subsequent argumentation in some cases; changes in the terminology of legal concepts; and amending the legislative base of the Republic of Kazakhstan. The materials of the article can be useful for teachers and students of legal disciplines, practising lawyers, the repre-sentatives of the legislative branch of government and anyone who is interested in the area of criminal protection of secrecy.

Date: 2024
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