On the Definition of the Subject of Evidence in Cases on the Protection of the Privacy of a Citizen

Abstract

Relevance. The article considers the problems of the subject of evidence in cases of protecting the privacy of a citizen in accordance with Art. 152.2 of the Civil Code of the Russian Federation. The jurisprudence shows the short-comings in the resolution of this category of cases related to the process of evidence, and in connection with this con-tradictory decisions and the formation of non-uniform judicial practice. In this regard, the study of the means of proce-dural protection of the right to protect human privacy becomes relevant. The purpose of the study is to supplement the theoretical provisions aimed at deepening scientific knowledge about the protection of the right to privacy of a citizen, the subject of evidence in this category of cases for uniform application of Art. 152.2 of the Civil Code of the Russian Federation. Objectives: analyze the judicial practice in cases on the protection of the right to privacy of a citizen with the identification of the actual subject of evidence, scientific positions on this problem; Clarify the existing legal gaps pre-venting the proper protection of this right; update the previously formulated proposals regarding the subject of evidence in cases of this category. Methodology. The study was conducted using methods of analysis and synthesis, induction and deduction, description, formal-legal, system-analytical and system-structural methods, as well as the method of analysis and generalization of judicial practice. The results of the study were formulated proposals for solving theoretical and practical problems related to the peculiarities of the subject of evidence in cases of protecting the privacy of a citizen to improve the quality and achieve uniformity of decisions when considering claims for his protection. Conclusion. The rule on the protection of the right to privacy of a citizen requires clarification in terms of termi-nology and the elimination of other gaps that require the attention of the legislator. To overcome the contradictory interpretation of the meaning of the article itself and the non-unity of judicial practice, it is necessary to explain the Supreme Court of the Russian Federation in the terminology of Art. 152.2 of the Civil Code of the Russian Federation and the mechanism for forming the subject of evidence.