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Title of Article

THE CONCEPT AND CHARACTERISTICS OF THE PROFESSIONAL SECRET


Issue
3
Date
2021

Article type
scientific article
UDC
34:004.056
Pages
64-73
Keywords
 


Authors
Vasilev V.A.
Donetskiy natsionalnyy universitet


Abstract
The article considers the issues, that related to the professional secret, its definition and characteristics. The essence of the professional secrecy is regarded based on analysis of the legal doctrines, existing approaches and studying the legislation. It is assumed the discrepancy in approaches to the definition of its concept. The author uses the method of dialectics (within of it applied general scientific research methods such as: empirical, logical, historical, comparative, systemic-structural), and also uses specially-legal methods of cognition: comparatively-legal and formally-dogmatic method. As a result of research, a definition of the professional secret is formulated, which is the most appropriate, from author's point of view, its characteristics are described. The necessity of legislative consolidation of the concept and characteristics of the professional secret are substantiated. On the basis of the study and analysis of scientific, educational literature, and current legislation on the topic of the research, the author makes suggestions and proposals for improvement of legislation.

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