Judicial remedies for the protection of the right to privacy in Ukrainian civil law

Abstract

The article provides a comprehensive and systematic analysis of judicial remedies for the protection of the right to personal life (right to privacy) in Ukrainian civil law. It is emphasized that the right to privacy belongs to the fundamental non-property rights of the individual, which form the basis of the legal status of the individual and are guaranteed by the Constitution of Ukraine, the Civil Code of Ukraine, as well as international legal acts, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. It is emphasized that the effectiveness of the implementation of this right largely depends on the ability of the judicial system to provide real and effective protection against interference in private life.

The paper analyzes the key substantive and procedural mechanisms for protecting privacy, including: refuting inaccurate or intrusive information; protecting the right to one’s image and restricting its use without consent; applying measures to prevent the dissemination of confidential information; compensation for moral damage as a guarantee of the compensatory function of private law protection. The specifics of the use of these methods in the current conditions of digitalization of society are considered in detail, in particular in terms of removing information from web resources, counteracting the uncontrolled dissemination of personal data, protecting privacy on social networks, and implementing the international principle of the «right to be forgotten».

Particular attention is paid to the problems of evidence in cases of privacy violations, the complexity of establishing the fact of interference in the digital environment, and determining the limits of an acceptable balance between the right to privacy and freedom of expression. The role of the Supreme Court’s legal positions in forming a stable system of judicial protection that ensures the uniformity of law enforcement is revealed. The significance of the practice of the European Court of Human Rights, which establishes standards of proportionality, necessity, and adequacy of interference with privacy in a democratic society, is highlighted.

It is concluded that judicial protection of the right to privacy in Ukraine is comprehensive and multi-level, combining preventive, restorative, compensatory, and procedural instruments. This approach ensures the effective restoration of violated non-property rights of individuals, contributes to the strengthening of the national system of privacy guarantees, and complies with international standards in the field of human rights protection.