Реализация права судьи на защиту своего изображения

Abstract

The article discusses the issues of protecting the image of a judge (photo and video) by civil law and legislation on personal data. There is an unresolved issue of the judge's consent to the publication and further use of his image obtained in the performance of his professional duties. The problem of imbalance of the principle of publicity and openness of legal proceedings and the regime of confidentiality of personal data of judges as special subjects is being actualized. The purpose of the study is to identify ways to protect your image by a judge as a special subject to deepen theoretical knowledge. Objectives: on the basis of an analysis of legislation on personal data, civil law on the protection of intangible goods, decisions of qualification judicial boards and courts of general jurisdiction, to characterize how a judge protects his image; establish their features; formulate proposals aimed at improving the protection of photo and video images of judges in the performance of their official duties and in extrajudicial activities. The methodology includes a combination of methods of analysis and synthesis, induction and deduction, as well as a combination of private scientific and special-legal methods, including formal-logical, system-analytical, formal-legal, method of analysis and generalization of judicial practice. The results of the study are formulated in conclusions and proposals that contribute to improving the effectiveness of the implementation of the judge's right to protect his image. Conclusion. There are no norms in the legislation prohibiting the photo and video filming of judges in the exercise of justice, but the unresolved issue of the mandatory consent of the judge to it requires the attention of the creator. We believe that in the performance of professional duties, it is permissible to publish and further use the image of a judge, if these actions are due to state, public or other public interest.