ЗАСТОСУВАННЯ ЕЛЕКТРОННИХ ДОКАЗІВ У СПРАВАХ ПРО ЗАХИСТ ЧЕСТІ, ГІДНОСТІ ТА ДІЛОВОЇ РЕПУТАЦІЇ ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ

Abstract

The article is devoted to the problems of the use of electronic evidence in cases on the protection of honor, dignity and business reputation under the legislation of Ukraine in the context of the conceptual framework of the functioning of the mechanism for the protection of rights in honor, dignity and business reputation, taking into account the established legal norms governing relations related to the protection of these personal nonproperty rights of individuals and legal entities. The subject of the research is the public relations regarding the use of electronic (digital) evidence in matters relating to the protection of honor, dignity and business reputation. In the context of applying the methodology of system analysis, the principles of protection of honor, dignity and business reputation regarding the distribution of inadequate information using information and telecommunication technologies and systems are considered; the concept of electronic evidence in the civil process; types of electronic evidence, including those obtained using “cloud technologies” from the point of view of civil, civil procedure and information law. The investigation of existing problems in the application of electronic (digital) evidence in the court proceedings concerning the protection of honor, dignity and business reputation has been carried out. In particular, the practice of applying the legislative provisions on the use of various types of electronic (digital) evidence in this area by the courts of Ukraine is analyzed, the deficiencies of the regulatory regulation on the order and features of the study of electronic (digital) evidence, their assessments by the court, which may arise in practice in the development of information and communication technologies. On the basis of the research, the necessity of making appropriate changes to the current legislation of Ukraine regarding the defi nition of the terms of the electronic document as evidence, electronic evidence, implementation of the principle of technological neutrality of legislation that regulates the use of various types of electronic evidence in the civil process, including protection of honor, dignity and business reputation.