КРИМІНАЛЬНО-ПРАВОВА ОХОРОНА ПРИВАТНОГО ЖИТТЯ ОСОБИ В КОРОЛІВСТВІ ІСПАНІЯ

The article analyzes the state of criminal law protection of respect for private life (inviolability of private life) in the Kingdom of Spain, its basis, scope and peculiarities of criminalizing infringements on this right, as well as problematic issues arising in the doctrine and law enforcement activity. It is established that criminal law protection of private life of an individual in Spain, as well as in Ukraine, is based primarily on the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the provisions of the Constitution of Spain, art. 18 of which guarantees: (1) the right to honor, personal and family privacy and to one's own image; (2) the inviolability of the home, which means that no entry or search may take place without the consent of the owner or a lawful warrant, except in cases of (flagrante delicto); (3) privacy of communications, especially postal, telegraphic and telephone communications, except in cases of a court order; (4) legal restriction of the personal data processing usage in order to guarantee the honor and personal and family privacy of citizens and the full exercise of their rights. It is this understanding of private life that both defines it as an object of criminal law protection and forms the basis of its model in criminal law. This model, unlike in Ukraine, involves a thoughtful consolidation of infringements on an individual's private life in a single section of the Criminal Code of Spain and is characterized by a distinctive approach, at least in comparison with Ukraine, to recognizing legal entities as subjects of commitment such offenses and, conversely, recognizing of a legal public or private entity as a victim of these offenses. The practice of applying the provisions on liability for violation of an individual's private life in Spain presents its own challenges, as evidenced by the examples of cassation court decisions provided in this article. The decisions of the Constitutional Courts regarding the interpretation of the content of the right to inviolability of private life significantly influence the criminal law doctrine in Spain, as well as in Ukraine. [ABSTRACT FROM AUTHOR]