Citizen's Right to Image: Current Security Issues

Abstract

Relevance. The right of a citizen to an image as a personal non-property right is subject to absolute protection in accordance with Art. 152.1 of the Civil Code of the Russian Federation. In doctrine and in legal practice, there is no unity of opinion on the civil protection of the right to its image, including the legality of its use and promulgation by other persons, as well as the interpretation of the provisions of the relevant rule and the terminology available in it. In this regard, the work considers gaps in current legislation based on the scientific views of civil law experts and established judicial practice. The purpose of the study is to supplement the theoretical provisions and legislative proposals aimed at deepening scientific knowledge about the protection of the right to the image of a citizen and the uniform application of Art. 152.1 of the Civil Code of the Russian Federation. Objectives: to analyze the scientific positions available in the theory of civil law and Russian judicial practice in cases on the protection of the right to portray a citizen; Identify and clarify existing legal gaps that impede its proper protection; update the previously formulated proposals of civilists to amend Art. 152.1 of the Civil Code of the Russian Federation. Methodology. The study was conducted using methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and logical methods. The results of the study are formulated proposals for solving theoretical problems related to the application of Art. 152.1 of the Civil Code of the Russian Federation, and improving the current norm on the protection of human rights to the image in order to uniformly enforce it. Conclusion. The study allows us to assert that the rule on the protection of the right to an image of a citizen requires refinement in terms of terminology, including the development of the definition of the image, the appearance of a person, the main object of use, places open for free visits, the form of expression of consent to the publication of one's image, and the elimination of other gaps requiring the attention of the legislator.