Keyword: «defamation»

The article deals with the question of the need and sufficiency of linguistic expertise as evidence in cases of defamation of honor, dignity and business reputation for the objective consideration of a case according to the rules of Civil and Arbitration procedure codes. The author gives an assessment of the established court practice, when the courts, without taking into account the structure of controversial phrases and the recognition of the circumstances by the party on which the other party justifies its demands, appoint an examination.

The article is devoted to the analysis of Part 4 of Art. 128.1 of the Criminal Code of the Russian Federation, which provides for the qualifying composition of defamation as defamation that a person suffers from a disease that poses a danger to others. The author correlates Part 4 of Article 128.1 of the Criminal Code of the Russian Federation with Part 1 of Article 128.1 of the Criminal Code of the Russian Federation, which reveals the concept of libel and the criterion of «defamatory information», which is inherent in any defamatory dispute and concludes that part 4 of Art. 128.1 the criterion of legal certainty and the presence of a legal and technical flaw.