Захист ділової репутації компанії та індивідуальної професійної діяльності у практиці Європейського суду з прав людини

The article explores the complex issue of legal protection of the business reputation of legal entities and the professional activity of individuals within the framework of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), which guarantees the right to property. The authors focus on the analysis of the case law of the European Court of Human Rights (ECtHR), where business reputation and professional activity are increasingly considered as assets falling under the protection of this provision in cases of damage caused primarily by state interference or by third parties. The article examines key decisions of the Court concerning harm to business reputation, which is viewed as an intangible asset, while encroachments upon it – including interference with professional practice – are seen as having material consequences. The study is based on the expanded interpretation of the notion of “possessions” in ECtHR jurisprudence, where the Court explicitly or implicitly recognizes that loss of clientele, inability to carry out professional activities, or damage to business reputation may be qualified as interference with the right to peaceful enjoyment of possessions. The court rulings analyzed in the article have essentially become precedents and significantly influence national legal practice and legal systems. The recognition by the ECtHR of business reputation and professional clientele as a specific form of property rights is of great importance for the development of legal regulation in the field of business reputation protection – both internationally and nationally. The research findings contribute to understanding the specific interpretation of Article 1 of Protocol No. 1 to the Convention. They highlight possible directions for formulating claims to the ECtHR concerning alleged violations of Convention rights. The article offers a comprehensive insight into the problems and prospects of business reputation protection in the modern world. In particular, it addresses the problem of excessive regulation or interference by state authorities, which may lead to violations of Article 1 of Protocol No. 1 when such actions result in disproportionate interference with economic activity or unjustified destruction of business reputation. The authors emphasize that the ECtHR considers harm to business reputation not only under Article 1 of Protocol No. 1, but also in the context of violations of other Convention articles. The article also analyzes the interrelation between the right to reputation (as interpreted within Article 10 of the Convention) and the economic dimensions of such protection, particularly when business reputation acquires material value.