Issues of judicial evidence in civil cases on the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities
Автор: Popova Yu.A.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 9, 2023 года.
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Development of scientific problems of judicial evidence in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities has been and continues to be relevant, since judicial protection of these intangible goods is the main form of their protection. The aim of the study is determined by the objectively urgent need to find constructive approaches to judicial proof in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities. Conclusions dwells upon the fact that, given the principle of adversarial nature of civilized process, judicial proof is one of its key elements, which is an inter-branch procedural-legal institute. The evidence in civil cases for the protection of honor, dignity and business reputation has different features from other categories of cases, including the determination of the necessary scope of evidence and its sufficiency. It is precisely this circumstance that prompted the preparation of this article. The article analyzes features of the subject of proof, duties of proof, means of proof, gathering verification and evaluation of evidence, as well as the standard for defamation disputes. Applied to the research topic, both norms of procedural law and substantive civil law are analyzed. The following methods are used: dialectical, formal-logical and other general scientific methods of research; special-legal methods: comparative-legal and formal-legal.
Judicial proof, protection of honor, dignity and business reputation, subject of proof, duty of proof, sufficiency of evidence, civil process
Короткий адрес: https://sciup.org/149143336
IDR: 149143336 | DOI: 10.24158/tipor.2023.9.14