On the Question of the Procedural Procedure for the Protection of Honor, Dignity and Business Reputation in Cases When it is Impossible to Identify the Person Who Disseminated Information

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Abstract

The purpose of the research. The article discusses a gap in the civil procedural legislation regarding the list of categories of cases considered in special proceedings, and also proposes to amend the current legislation. The purpose of this article is to study the procedural rules for the protection of honor, dignity and business reputation in cases where a person, widely disseminated information cannot be identified. Results. It is proposed to amend the current legislation and supplement the list of Art. 262 Code of Civil Procedure of the Russian Federation a new category of cases considered in a special proceeding on the recognition of information discrediting and untrue if it is impossible to identify the person who disseminated the information.

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About the authors

Aminat Magomedovna Nurbalaeva

North Caucasian Institute (branch) VSUYU (RPA of the Ministry of Justice of Russia)

Email: aminat.nurbalaeva@mail.ru
Cand.Sci.(Law), Associate Professor of the Department «of arbitration, civil and administrative process» Makhachkala, Russia

Aminat Maratovna Ukhumaalieva

North Caucasian Institute (branch) VSUYU (RPA of the Ministry of Justice of Russia)

Email: amyamy777@mail.ru
Makhachkala, Russia

References

  1. On the Supreme Court of the Russian Federation: Federal constitutional law of February 5, 2014 N 3-FKZ // SZ RF. - 10.02.2014. - No. 6. - Art. 550.
  2. Civil Code of the Russian Federation. Part 1 dated November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. 1994. - No. 32. - Art. 3301.
  3. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ // SZ RF. - 11/18/2002. - No. 46. - Art. 4532.
  4. On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities: resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3 // Bulletin of the Supreme Court of the Russian Federation. - No. 4. - 2005.
  5. Bonner A.T. Probative value of information obtained from the Internet // Law. - 2007. - No. 12.
  6. Chikurova E.V. Protection of honor, dignity and business reputation when using the Internet // New Science: Current state and ways of development. 2017. V. 3. No. 3. S. 164-168.

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