Personal inviolability as an intersectoral category of law

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Abstract

The concept of inviolability of the person is considered as a complex intersectoral category in modern legal regulation. The research studies the provisions of normative legal acts and scientific works devoted to the concept of inviolability and its relationship with other concepts of similar meaning and suggests a comprehensive definition to the inviolability of the individual concept, which, in addition to the personal life of an individual, includes intangible objects directly related to the development of this individual. Also, a detailed distinction is made between inviolability and the concept of immunity. The purpose of the author is to substantiate the need to study the concept of inviolability from the point of view of all branches of law and pay attention to the peculiarities of regulating the inviolability of the person in each of the areas of law, as well as to analyze the guarantees and mechanisms for its ensuring, its non-absolute nature and the limits of its implementation. The study was carried out with the help of the general scientific and private scientific methods, including analysis and generalization of legislation and scientific works of domestic and foreign authors, comparative law and formal legal methods. Based on the studied material, a comprehensive definition of personal inviolability is suggested and its regulation in constitutional, international, civil, administrative, criminal and procedural law, as well as in the recently formed information and digital law, is analyzed.

About the authors

Valentina S. Nikitina

Peoples’ Friendship University of Russia (RUDN University)

Author for correspondence.
Email: nikitina-vs@rudn.ru
ORCID iD: 0000-0002-1782-2305

assistant of the Department of Theory of Law and State, Law Institute

6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation

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Copyright (c) 2023 Nikitina V.S.

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