Open AccessThe subject of proof in civil cases on the protection of privacy
Author(s) -
N.Sh. Gadzhialieva
Publication year - 2022
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2022-41-1-104-108
Subject(s) - law , political science , subject (documents) , norm (philosophy) , supreme court , convention , computer science , library science
The problematic of the subject of proof in cases of protection of privacy has been little developed in the doctrine of civil procedural law and therefore needs research. The article deals with the formation of the subject of proof in cases of protection of privacy in civil proceedings. Based on the analysis of the current Russian legislation, the legal positions of the higher courts, the author outlined the range of facts that constitute the subject of proof in the studied category of cases. The author notes that the European Court of Human Rights plays an important role in the formation of the correct factual composition in cases of protection of privacy, which forms the boundaries of a person's private life in accordance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In conclusion, the author comes to the conclusion that the norm of civil law that determines the subject of proof in cases of protection of privacy is a discretionary norm, which complicates the determination of the range of facts that have legal significance in the case. In this regard, the author proposes to adopt a Resolution of the Plenum of the Supreme Court of the Russian Federation, in which clarifications will be given regarding the mechanism for forming the subject of evidence in cases of protection of privacy.