Information law. Constitutional right to communication (most important)

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Information law. Constitutional right to communication (most important)

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62. CONSTITUTIONAL RIGHT TO COMMUNICATION

Communication facilities, facilities, radio frequency spectrum and orbital positions of communication satellites are under state protection.

All communication users on the territory of the Russian Federation on equal terms have the right to transmit messages via electric and postal networks. No communication user on the territory of the Russian Federation may be denied access to public communication network services.

Users and telecom operators have the right to connect their communication networks and terminal equipment to the public communication network in compliance with the connection conditions established by the Government of the Russian Federation, which are issued by the relevant telecom operators or specified in the license.

Owners of networks and means of communication must give absolute priority to all messages relating to the safety of human life at sea, land, in the air, outer space, urgent measures in the field of defense, security and law enforcement in the Russian Federation, as well as reports of major accidents, disasters, epidemics, epizootics and natural disasters.

Secrecy of correspondence, telephone conversations, postal items; telegraph and other messages transmitted over electric and postal networks is protected by the Constitution of the Russian Federation.

All telecom operators are required to ensure that communication secrecy is respected.

Information about postal items and messages transmitted over telecommunication networks, as well as these items and messages themselves, can only be issued to senders and addressees or their legal representatives.

Interception of telephone conversations, familiarization with telecommunication messages, delay, inspection and seizure of postal items and documentary correspondence, obtaining information about them, as well as other restrictions on the secrecy of communications are allowed only on the basis of a court decision.

Officials and other persons, communications workers who violate these provisions are held liable in the manner prescribed by the legislation of the Russian Federation.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, as well as individuals and legal entities that have committed violations of the Federal Law "On Communications", other federal laws, as well as other legal acts adopted in the course of their activities in the field of communications in the Russian Federation, are liable in the manner prescribed by the legislation of the Russian Federation.

Telecom operators are liable for the loss, damage to valuable postal items, shortage of postal items in the amount of the declared value.

Individuals and legal entities that have allowed damage to means, communication facilities, unauthorized connection to networks and communication facilities, violation of the procedure for the manufacture, acquisition, import, use and registration of radio electronic equipment and high-frequency devices, the use of frequencies for the operation of radio-electronic equipment for all purposes and high-frequency devices, and also creating abnormal interference to television and radio reception, are liable in the manner prescribed by the legislation of the Russian Federation, including reimbursement of possible costs for the elimination of damage and compensation for lost profits to communications enterprises.

Author: Yakubenko N.O.

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