VALUE JUDGMENTS AND JUDICIAL PRACTICE OF PROTECTING THE BUSINESS REPUTATION OF A LEGAL ENTITY

The article analyzes the distinction between the concept of «value judgment» and «reliable information», since the solution of this issue is of fundamental importance for protecting the business reputation of a legal entity. Intending to apply to the court for the protection of your moral rights by recognizing the information as unreliable, among other things, it is necessary to determine whether the statements can be checked for their correspondence to reality and refutation, and whether subjective judgment is excessive interference. It is specified that any value judgment has its own object, that is, it is based on one or more facts, contains and communicates information about certain events to other persons. The subject of proof must include the fact that the specified information does not correspond to the reality. To address the issue of the relationship between the right to freedom of expression and belief, the right to business reputation, it is recommended to take into account a number of principles and conceptual guidelines. Attention is focused on certain difficulties that arise when considering cases related to the protection of the business reputation of a legal entity by courts of various jurisdictions to distinguish value judgments and facts that are important for the correct resolution of the case. A value judgment can be the subject of controversy, including in the social space, but in no case can it be used as the basis for a judgment. The thesis about the incorrectness of the identification of value judgments with estimated facts is substantiated, since facts are information that can be checked for compliance with reality. Truthful information may not be perceived by the person in respect of whom such information is disseminated. It is shown in specific situations that it is the court that can recognize the disseminated information as unreliable and oblige the defendant to refute it.