THE RATIO OF LEGAL REGIMES OF OFFICIAL AND PROFESSIONAL SECRETS

Abstract

The purpose of this research is the differentiation of legal regimes of professional
and official secrets. The author formulates the author's definition of official secrets and
supplemented objectives of its protection. The problems of ratio of special legal regimes
are considered on the basis of a comparative analysis of the relevant elements of the regime.
As a result, she identified the common and distinctive features of the analyzed species
of special legal regimes of restricted information. The common features are: professional
nature of the activity, comprehensive protection of "one’s own" and "other
people’s" secret object overlap mode, the application of ethical standards. The author
notes that in the part of the professional nature of the characteristics of the subjects – the
holders of professional and official secrets are the same. She noted the presence in the
professional secrecy of information, not only information provided by the client, but also
collected and produced subject of professional secrecy. For these types of legal regimes
restricted information differing elements are: to ensure the confidentiality of information,
the nature and legal status of the subjects. The author notes that in the mode of professional
secrecy protected, not only the rights of individuals - principals of information, but
also the interests of the subjects of professional activity and the state. Significant differences
exist in the nature of relations: private law for the special regime of professional
secrecy and public law to professional secrecy. Based on this analysis, she concluded that
the difference between the legal institutions of professional and official secrets on set of
elements of the legal regime. The scope of application of the results of research supports
problem solving systematization of law-protected kinds of restricted information.