The Judicial Protection of Business Reputation

Graduation work is devoted to the study of public relations that are connected with the judicial protection of business reputation. A business reputation today is a guarantee of successful entrepreneurial and professional activity. This causes the existence of extensive judicial practice. Market participants are interested in forming a positive business reputation. However, this is possible only with condition of effective protection. In the research the problems of concept of business reputation as object of judicial protection are examined. The author suggests the definition of business reputation. The work contains the conclusion that business reputation has a dual nature. On the one hand, it is an intangible good, on the other hand, it has property characteristics. The work is concentrated around the procedural problems of protecting business reputation, in particular, the problems of jurisdiction of disputes on the protection of business reputation, the problems of proof and the study of the subject of the claim for the protection of business reputation. Author proposes to establish special jurisdiction over cases on protection of business reputation of legal entities. It is suggested to solve the problem of distinguishing between value judgments and facts. The necessity of reputational harm in the legislation as a way of protection of reputation is investigated. The study analyzes judicial practice, identifies the common mistakes. Particular attention is paid to the legal arguments of the courts in these cases and to the specifics of the resolute part of the judgments. The aim of the work is to find possible solutions to these problems. The basis of the research is scientific monographs and articles, legislation, judicial practice. The decisions of the national courts and the positions of the European Court of Human Rights, in particular, the Resolutions on the cases of "Linges v. Austria", "Novaya Gazeta" and Borodyansky v. Russia ", are studied.