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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
dissemination of information which was damaging to honour, dignity or
reputation (Article 1100 of the Civil Code).
105. In civil proceedings a party who makes an allegation must prove
that allegation, unless provided otherwise by federal law (Article 56 § 1 of
the CCP).
5. A complaint to the Constitutional Court
106. The Constitutional Court Act (Law no. 1-FKZ of 21 July 1994)
provides that the Constitutional Court’s opinion as to whether the
interpretation of a legislative provision adopted by judicial and other lawenforcement practice is compatible with the Constitution, when that opinion
is expressed in a judgment, must be followed by the courts and lawenforcement authorities from the date of that judgment’s delivery
(section 79(5)).
J. Obligations of communications service providers
1. Obligation to protect personal data and privacy of communications
107. The Communications Act provides that communications service
providers must ensure privacy of communications. Information about the
communications transmitted by means of telecommunications networks or
mail services, and the contents of those communications, may be disclosed
only to the sender and the addressee or their authorised representatives,
except in cases specified in federal laws (section 63(2) and (4) of the
Communications Act).
108. Information about subscribers and the services provided to them is
confidential. Information about subscribers includes their family names,
first names, patronymics and nicknames for natural persons; company
names and family names, first names and patronymics of company directors
and employees for legal persons; subscribers’ addresses, numbers and other
information permitting identification of the subscriber or his terminal
equipment; and data from payment databases, including information about
the subscribers’ communications, traffic and payments. Information about
subscribers may not be disclosed to third parties without the subscriber’s
consent, except in cases specified in federal laws (section 53 of the
Communications Act).
2. Obligation to cooperate with law-enforcement authorities
109. The Communications Act imposes an obligation on
communications service providers to provide the law-enforcement agencies,
in cases specified in federal laws, with information about subscribers and
services received by them and any other information the agencies require in