Protection of honor, dignity and business. How is the protection of honor, dignity and business reputation. Laws governing this matter

Personal non-property rights, intangible benefits and their protection.

Signs of personal non-property rights:

- arise about intangible benefits;

- deprived of economic content;

- are closely related to the personality of their carrier (the content of a personal non-property right largely depends on the individual characteristics of the person who owns this right).

Under personal non-property one should understand such subjective rights that provide a legally enforceable opportunity to require all obligated persons to refrain from any actions that prevent the manifestation and correct assessment of the individual characteristics of a person in the process of using intangible benefits.

– Associated with property rights (for example, the right of authorship of an invention or work).

– Not related to property rights (for example, the right to protect honor, dignity and business reputation).

There is only one such right in the legislation. Art. 152 of the Civil Code of the Russian Federation: The right to protect honor, dignity and business reputation. The legislator does not establish any other similar rights, since a personal non-property right exists only when a specific civil legal relationship takes place. The right to life, the right to personal integrity, etc. do not form special civil legal relations.

P. 2 Art. 2 of the Civil Code of the Russian Federation: Inalienable human rights and freedoms and other intangible benefits are protected by civil law, unless otherwise provided by law. Such intangible benefits include life and health, personal dignity, personal integrity, privacy, personal and family secrets, etc. intangible benefits. When the subjects of the GP cannot have a subjective right, but have an interest, then this legally protected interest is protected. Interest is protected by establishing appropriate prohibitions. In cases of encroachment on this interest, compensation for non-pecuniary damage can be demanded.

Art. 152 of the Civil Code of the Russian Federation: A citizen has the right to demand in court a refutation of information discrediting his honor, dignity and business reputation, if the person who disseminated such information does not prove that it is true.

Honor- public assessment of the individual. Dignity- self-esteem. Business reputation- assessment of the business qualities of a citizen or legal entity. Civil law does not directly regulate honor, dignity and business reputation. The GP must provide such conditions under which a correct assessment of the moral, ethical, political and other social characteristics of the individual will be given, on the basis of which honor, dignity and business reputation are formed. The right to honor, dignity and business reputation is the right to ensure normal conditions for the formation of a public assessment of such personal qualities as honor, dignity and business reputation. For this, it is necessary that such a public assessment be based on real facts, and not distorted information that does not correspond to reality.

In order to bring a claim under Art. 152 of the Civil Code of the Russian Federation, the following conditions are required:

- Information should be discrediting, that is, affect the moral and ethical spheres of human activity that deserve condemnation from society. Decree of the Plenum of the Supreme Court of the USSR of March 2, 1989: Discrediting is such information that detracts from the honor, dignity or business reputation of a citizen in public opinion or the opinion of individual citizens in terms of compliance with laws, rules of business ethics, moral principles, in particular, information about committing dishonest deed.

- Information should be about facts, and not be value judgments. Value judgments are a matter of internal conviction of citizens. But those value judgments that focus on facts of a discrediting nature go beyond the framework of internal conviction and acquire social significance and go beyond the framework of internal conviction.

- The information must be disseminated. It is enough to bring the information to at least one third party. Resolution of the Plenum of the Armed Forces of the Russian Federation of 1997 No. 11.

- Inconsistency of information with reality. Decree of the Plenum of the Armed Forces of the Russian Federation of August 18, 1992 “On the Protection of Honor, Dignity and Business Reputation”, paragraph 7: “The duty to prove the validity of the disseminated information lies with the defendant. The plaintiff does not have to prove that the information discredits his honor and dignity.

Who can file a claim for the protection of honor, dignity? Citizens and legal entities can act as a plaintiff. faces. You can bring claims to protect the honor and dignity of deceased citizens (Article 152). It is impossible to file claims for the protection of the honor and dignity of other citizens in relation to the plaintiff.

A special procedure for refuting information in the media. The respondent is the author and the editorial board. If the name of the author is unknown, then only the editors are responsible. If the media refers to any source, then this source itself must prove the authenticity of the facts.

Features of the refutation of the information set forth in the official characteristics. The defendant is the person who signed this characteristic, as well as the organization on behalf of which this characteristic was issued.

P. 6 Art. 152: Sometimes it is not possible to identify the person who disseminated the information. Then the plaintiff can apply to the court with an application for the recognition of such information as untrue. That. the applicant himself must prove the inconsistency of the information with reality.

Ways to protect honor, dignity and business reputation.

Clause 2, Article 152: If the information is contained in a document emanating from the organization, then it is subject to replacement or recall.

If information is disseminated in the media, then it must be refuted in the same media.

In all other cases, questions about the method and procedure for refutation are decided by the court. The method of refutation is determined by the nature of the dissemination of information. Clause 13 of the Resolution of the Plenum of the Supreme Court of August 18, 1992: when considering a claim, the court in the operative part of the decision is obliged to indicate the method of refuting discrediting information. The decision must indicate what information is not true, when and how it was disseminated. The court must determine the period within which the retraction must be published.

Sometimes lawsuits are brought against the obligation to publish the plaintiff's response to publication (clause 3, article 152). This is the so-called right of reply. This does not require that the information is untrue or defamatory. This requirement is presented to the media itself, within one month the editorial office must inform about the expected deadline for the response or about the refusal to distribute it.

As a result, a citizen can demand damages and compensation for non-pecuniary damage, and a legal entity - only damages.

Deadlines in GP.

Types of terms.

The terms for exercising civil rights are the terms during which the authorized person can exercise his right or demand certain actions from the obligated person.

1. Terms of existence of a subjective right. With the expiration of the term of a subjective right, such a right itself ceases (for example, a person can exchange a product, within 14 days not counting the day of purchase). The terms of existence are not directly related to the exercise of a subjective right (the right exists regardless of whether the subject uses it or not).

2. Precautionary terms. These are the periods during which non-execution of subjective rights leads to the termination of these rights. With the expiration of the preclusive period, the subjective right is terminated ahead of schedule. This period has meaning and meaning if it is less than the period of existence of a subjective right. Early termination of a subjective right is a sanction for non-execution. or improper imp. subjective right belonging to the person (for example, if a person does not use a registered trademark within 5 years, the right to use may be terminated by a court decision).

3. Warranty periods. This is the period during which the manufacturer or seller guarantees the failure-free service of the product, and the buyer may demand free elimination of defects, replacement of the goods. It matters only in combination with other legal facts (the fact of detection of defects in the product). But there is also a period for detecting defects in the product (2 years), it may not coincide with the warranty period. Clause 5 of Article 477: if defects are discovered after the expiration of the warranty period, then the burden of proof lies with the buyer.

There are terms that are guaranteed:

expiration dates are established for goods whose consumer properties may deteriorate over time.

service periods. This is the period during which the manufacturer undertakes to ensure the possibility of using this product for its intended purpose. Sometimes setting such a deadline is an obligation.

See Art. Art. 1095-1098

4. Claim period. The deadline for filing claims is set by law. The claim must be filed before going to court. A claim is a claim made against an obligated person in order to resolve disagreements between them (for example, Art. 797: before filing a claim with the carrier, claims must be made against him).

Today, missing the claim period does not entail the loss of the subjective right itself (in Soviet law, if the claim period was missed, the claim was denied). Decree of the Plenum of the Supreme Arbitration Court dated November 12, 1998 No. 18 p. 28: if the plaintiff missed the claim period, the court may attribute court costs to the plaintiff, regardless of the outcome of the dispute.

Limitation of actions.

Resolution "On certain issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period." Joint resolution of November 12, 2001 of the Plenum of the Supreme Court and of November 15, 2001 of the Plenum of the Supreme Arbitration Court. Consists of 26 positions.

Concept and functions of limitation period.

Art. 195 of the Civil Code: the limitation period is the period for protecting the right on the claim of a person whose right has been violated. This definition is subject to broad interpretation (not only rights, but also interests).

- gives stability to civil circulation

- allows participants in civil circulation to systematically and effectively carry out their duties

– contributes to the comprehensive and objective resolution of civil disputes

Types of statute of limitations:

1. General. Art. 196 of the Civil Code: the general limitation period is set at 3 years.

2. Special. Previously, special deadlines could only be reduced. Today st. 197 of the Civil Code allows you to set both longer and shorter periods. For example, contracts. The same legal regime is established for special time limits as for general ones (this applies to the following issues: suspension, interruption and consequences of the expiration of time limits).

The statute of limitations.

Norms zak-wa on the limitation period are imperative. Art. 198 of the Civil Code: the limitation periods and the procedure for their calculation cannot be changed by agreement of the parties. The statute of limitations applies only at the request of the party to the dispute, made before the court decision. A statement on the application of the limitation period made by a third party does not entail legal consequences.

The application for the omission of the limitation period, made by one of the co-defendants, does not apply to other co-defendants, incl. and joint duty. It is important to note that a statement on the omission of a limitation period can be made both in writing and orally.

Claims for the protection of a violated right are accepted for consideration regardless of the expiration of the limitation period. If the defendant declares in the process, a decision will be made to dismiss the claim.

Certain claims are not covered by the statute of limitations. Art. 208 CC: non-exhaustive list. Reasons for the introduction of exceptions: the need to provide enhanced protection for certain goods (eg, life and health). A number of claims are not related to civil circulation (for example, claims for the protection of personal non-property rights and other material benefits; claims of the owner or other owner, when the violation is not related to the deprivation of the opportunity to own the thing). The statute of limitations does not apply in the event of contesting a normative legal act. In case of challenging a non-normative legal act, the limitation period is also not applied, unless the issue of protecting the rights and interests violated by this act is raised.

The moment from which the statute of limitations begins to run. P. 1, Art. 200 of the Civil Code: the limitation period begins from the day when the person knew or should have known about the violation of his right. This rule has a number of exceptions. For example, voidable transactions: the limitation period starts from the moment the violence or threat ceases. Important clarifications are contained in the Decree of the Plenums. Requirements for the protection of a violated right are often made not only by the bearer of the right (prosecutor, state agency). In this case, the limitation period begins from the day when the holder of the right himself learned or should have known about the violation of his right. The time limit for an action arising from a violation shall begin for each individual part.

Suspension, interruption and restoration of limitation periods.

Suspension.

The limitation period is suspended due to the circumstances listed in paragraph 1 of Art. 202 GK. We are talking about the impossibility or particular difficulty for the injured party to exercise their right to go to court. These grounds are grounds for suspension if they arose and continued to exist in the last 6 months of the limitation period.

Circumstances:

1. Force majeure (extraordinary circumstances, force majeure). It is impossible to avoid or prevent this circumstance by all economically available means.

2. If the plaintiff or the defendant are part of the Armed Forces, transferred to martial law.

3. Moratorium (postponement of the performance of an obligation). Must be established on the basis of the law of the Government of the Russian Federation.

4. By virtue of the suspension of the operation of a law or other legal act regulating the relevant relations.

From the date of termination of the grounds for suspension of the term, the running of the term is resumed. The rest of the term is extended to 6 months.

5. Art. 204 of the Civil Code: in the event of a civil claim in a criminal case. The statute of limitations is suspended until the termination of the criminal case.

Break.

The running of the limitation period is interrupted due to the occurrence of the circumstances specified in the law, after which it begins anew. The time elapsed before the break does not count towards the new time limit. Art. 203 of the Civil Code: interrupts the limitation period for filing a claim in the prescribed manner; debt recognition. The rules on adjournment are applied by the court on its own initiative, but the proposal to adjourn the term itself must be made by the defendant. A break is possible only within the limitation period.

An approximate list of actions indicating the recognition of a debt is given in paragraph 20 of the Resolution of the Plenums:

- acknowledgment of the claim

– partial payment or partial recognition of the claim

- payment of interest on principal

- changing the contract

- the debtor's request to change the contract

Actions indicating the recognition of a debt must be carried out before the creditor. The prescription cannot be interrupted by the inaction of the debtor.

The claim must be accepted in the prescribed manner. Otherwise, the statement of claim may be left without movement (for example, non-payment of the state fee). If a person meets the deadline set by the judge to eliminate the violation, the claim is considered filed on time. The claim can also be returned to the plaintiff, this is due to some serious violation (for example, rules on jurisdiction were violated).

Restoration of the statute of limitations.

Art. 205 GK. It can take place only in exceptional cases, when the court recognizes a good reason for his absence. Recovery is not allowed in relation to the legal entity.

Art. 152 of the Code of Civil Procedure: in a preliminary court session, the issue of dismissing a claim due to missing the limitation period without examining other factual circumstances may be resolved. Suspensive circumstances have an automatic nature of actions, and restoring circumstances are taken into account by the court, if it considers it necessary.

Consequences of the expiration of the statute of limitations.

The expiration of the statute of limitations does not terminate the right to bring an action. Does the expiration of the limitation period entail the termination of the subjective right itself? Art. 206 of the Civil Code: a debtor or other obligated person who has performed his duties after the expiration of the limitation period is not entitled to demand back what was performed, even if at the time of performance he did not know about the expiration of the period. Novitsky: the subjective right after the expiration of the limitation period enjoys weakened protection. Genkin: the expiration of the limitation period extinguishes the right to claim in the material, but not in the procedural sense. Tolstoy: there is a possibility of enforcement of any subjective right, so if the right cannot be enforced, then it disappears. The right on the side of the person who missed the limitation period arises due to a complex legal composition: the expiration of the limitation period; the commission by another person of actions to fulfill previously terminated duties - these elements lead to the resuscitation of the right. Gribanov: the statute of limitations has legal significance only when considering a claim.

Real rights.

The property right provides the authorized person with the opportunity to satisfy needs through direct interaction with the thing (for example: the right of ownership).

Any right, including the right in rem, is of a public nature and the satisfaction of material needs always occurs in society è the right and is necessary to ensure the corresponding of other persons. Real right and provides the authorized person with the opportunity to satisfy their needs. The law legally ensures the refraining of other persons from interfering in the actions of the authorized person.

Signs of property rights.

There are many of them, but the legislator fixes only 2.

1. The absolute nature of protection. It means that the property right is protected from violation by any third parties.

2. The right to follow. The transfer of ownership of a thing to another person does not entail the termination of other real rights to this property.

Art. 216 of the Civil Code - an approximate list of property rights:

ownership

right of economic management

right of operational management

lifelong inheritance right

permanent use right

easements

other rights in rem

Property rights govern property relations.

Property is a social relationship between people.

First look. Property is the totality of all production relations (Professor Shkreder). But here the concepts of property and the economic basis of society are identified. Property relations are an element of the economic basis.

second glance(Professor Yu.K. Tolstoy). He reveals the property relation with the help of three categories:

possession

disposition property relation

enjoyment

This economic content of the property corresponds to jur. content of the concept of property.

But there are objections to this view. Any phenomenon becomes independent only when it in itself has individual characteristics, and does not consist of simpler categories.

Third look. Most lawyers disclose the content of ownership through the concept of appropriation.

Any social relationship involves interaction between the people themselves. And appropriation characterizes the interaction between a thing and a person è property must be considered from two sides: from the material side and from the public side.

It is important for us to understand how the owner interacts with other people in the process of appropriating material goods. S-t rests on the difference between mine and someone else's. A thing can only be considered one's own when for everyone else it is a stranger, i.e. the appropriation of a thing by a person inevitably implies the alienation of other persons from it è property with a common. hand is characterized as such a total. a relationship in which the alienation of a thing from other persons takes place.

Property is a social relationship that arises as a result of the alienation of all other persons from the thing appropriated by the subject.

Property relations.

PS - this is common. property relations regulated by the norms of the GP.

PS subjects:

1. Owner (authorized person). Any GP entities can act as the owner.

2. All persons surrounding the owner (obligated to the owner).

Citizens, entrepreneurs and legal entities have the right to defend their honor or business reputation only in court. The injured party does not have to present exculpatory arguments. However, she is obliged to show that the information discredits her good name and is distributed by a specific person / company. The detailed procedure is described in the article.

The legislation of the Russian Federation does not provide specific definitions of any of these concepts. However, in practice it is generally accepted that:

1. Honor- this is a public assessment of a particular person, a characteristic of his traits as a personality, behavior, qualities of character, worldview attitudes.
2. Dignity- This is a person's self-esteem of these same qualities. At the same time, dignity is recognized both by society and the state.
3. Business reputation- this is an assessment by society of the professional qualities of a person, his knowledge and skills as an employee.

The concept of goodwill applies equally to individual citizens, as well as to companies and individual entrepreneurs. It is assumed that a legal entity can only have a business reputation, while individuals have both a business reputation and a personal one. As for honor and dignity, they can only characterize a specific person, not an organization.

Thus, the above concepts describe the spiritual and moral characteristics of people and indicators of the company's professionalism. Together they form spiritual rights, which are not directly related to material ones, but have many connections with them.

Expert opinion

Sobolev Dmitry

For example, a person has the right to a good name. If this norm is violated, he risks facing problems in the field of professional development, relationships with creditors. In the long term, this aggravates his financial situation, i.e. violates substantive rights.

The legislative framework

Every citizen of the Russian Federation has the right to protect his own honor, dignity and good name, which is guaranteed by the Constitution.

Other legislative acts specify the ways and procedure for the protection of honor.

The Civil Code defines the described concepts as the intangible benefits of a person, which he acquires by birthright. That is, "by default" every person and company has a good name, are considered "good" unless proven otherwise. The described intangible benefits cannot be alienated and are not inherited or realized in any other way. However, they can be violated in various ways by individuals, entrepreneurs or companies.

What can be the harm to honor, dignity and business reputation

Non-material (spiritual) rights can only be inflicted with non-material harm, which, however, does not exclude material and financial consequences. The damage to the honor of a person or the reputation of a company or individual entrepreneur is that the person concerned disseminates defamatory information about him, i.e. deliberately false information of a negative nature.

Such information is transmitted to a large circle of people, which creates a negative perception of a person or company in society, a certain group, in front of relatives, clients, in the region or the state as a whole. At the same time, such data is distributed precisely in the media (TV, newspapers, the Internet, etc.).

As a result, the injured party receives or risks receiving both moral and material damage:

• job loss;
• detention;
• loss of reputation
• breaking ties with business partners;
• damage to a trademark, brand;
• decline in sales and much more.

When determining harm caused by defamatory information, generally accepted legal principles apply:

1. presumption of good faith.
2. Presumption of innocence.

These principles mean that each person and each company is not obliged to prove their good name and reputation, which originally belongs to them. When certain negative information is received, only the party that disseminated such information is obliged to prove its veracity. The subject himself is not obliged to justify himself and prove the falsity of the received data, although he has the right to do this at his own discretion.

Expert opinion

Sobolev Dmitry

Lawyer for administrative offenses, site expert

The buyer insists that the store sells expired products. He disseminated the data through a publication in a local newspaper. In this case, the store is not required to prove that the information is false. However, the company has the right to apply to the court and demand a refutation of this information.

Methods and procedure for protecting honor, dignity and business reputation: a sample statement of claim

The Civil Code provides for the judicial restoration of violated rights by:

• refutation of false information in the same way that it was originally spread;
• (for individuals only).

Both measures can be applied both jointly and separately - the final decision remains with the court. Thus, the only way to restore one's honor or reputation is to go to court with a demand to refute the widespread negative information. The parties can also come to the same agreement in a pre-trial order by concluding a settlement agreement, which has full legal force.

Protection is implemented in courts of general jurisdiction (for citizens) and in arbitration courts (for individual entrepreneurs and legal entities). as a plaintiff both a private citizen and a representative of a company, organization, community or entrepreneur can speak. It is important to understand that a person has the right to protect a good name both during life and after death. Therefore, the heirs of deceased citizens whose good name has been damaged (including after death) can also apply to the court.

As a defendant are:

• the authors themselves, who compiled false materials, denunciations, photos, videos, etc.;
• persons disseminating this information (for example, citizens or newspapers, owners of websites and other media).

The statement of claim has a standard structure and contains the following sections:

1. "Hat" with the name of the court, full name, address, contact details of the plaintiff and defendant.
2. Detailed description of the situation.
3. Claims - refutation of false information and compensation for non-pecuniary damage.
4. Applications.
5. Date, signature, transcript of the signature.

When drawing up an application, you can focus on such a sample.

It is important to understand that the plaintiff can also demand the restoration of his good name in cases where it is impossible to establish the author of false rumors due to objective reasons (or this author has died, gone missing, etc.). In this case, the party is also not obliged to prove its good faith, i.e. there is no need to provide documents that confirm its positive business reputation.

The statute of limitations for such cases is 3 years. If the plaintiff claims damages in connection with the publication of false information in the media, the limitation period is 1 year. This period begins from the moment when the victim found out about the dissemination of defamatory information or should have known about it. If there are good reasons (illness, other emergency circumstances), the terms can be restored: only the court has the right to make the appropriate decision.

Review of jurisprudence: 10 conclusions

Judicial practice in such cases is quite diverse. Statistics show that claims are heard annually on 5,000 lawsuits from citizens and 800 lawsuits from individual entrepreneurs and legal entities. At the same time, judges tend to be guided by the explanations of the highest authority.

1. When resolving disputes, it is necessary to pay attention not only to Russian legislation, but also to the rulings of the European Court and other international documents.
2. Claims should also be considered in cases where the author cannot be identified (anonymous notes, negative information on the Internet, etc.).
3. If an entrepreneur or a company is a participant in the process, but the case is not related to economic activity, it is considered in the courts of general jurisdiction.
4. A preliminary requirement for the author to refute false data is not necessary - each person has the right to immediately go to court.
5. If discrediting information is disseminated by an employee of the company (in connection with the performance of his professional duties), then this company as a legal entity will be the defendant. At the same time, the employee himself can act as a third party, provided that he does not have a personal interest in the case.
6. If there are signs of a crime in the actions of the author of the false information, the victim may demand the initiation of a criminal case. Refusal to initiate does not deprive him of the right to appeal to a civil court.
7. The court must be convinced of the fact of dissemination of information by a specific person. The injured party must prove this fact. She must also prove the fact that this information is defamatory.
8. False information is information that has not been proven to exist. They cannot include information that is contained in court documents (determinations, decisions, sentences).
9. Discrediting is information not only about a violation of the law by a person, but about the commission of an unethical, immoral act by him, which is not formally prohibited by law.
10. In some cases, the media are released from liability for the dissemination of such data. All these cases are prescribed in the relevant law, and their list is exhaustive.

A person, regardless of property status, nationality, official position, his convictions, is worthy of public respect. With the birth, they acquire inviolable rights to their own dignity and honor. In our world, it is also important to know what the protection of honor, dignity and business reputation is.

Dignity, honor, business reputation: definition of concepts

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

To date, no normative act gives an interpretation of these concepts. Honor, dignity and business reputation are moral categories.

The concepts of "honor" and "dignity" have a similar meaning. The rights to them are natural, i.e. received from birth. The owner of dignity and honor is always an individual or a group of individuals. These rights are inviolable, and encroachments on them by other people entail negative legal consequences.

Honor is an assessment of the qualities of an individual given by society. Each person is subject to evaluation, as he is in constant interaction with society. Various qualities of an individual are evaluated: his morality, attitude to social categories, outlook on life, actions.

Dignity is an assessment of one's qualities by the individual himself. Dignity includes the inner experiences of a person, awareness of one's place and role in the social system. To some extent, the concepts of "dignity" and "honor" correlate with each other as an internal and external understanding of the evaluation of human properties.

Close in meaning, but having more significant differences, is the concept of "goodwill". Business reputation is an assessment of professional actions given by society. Compared with dignity and honor, business reputation has the following distinctive features:

• reputation can be not only positive, but also negative, while dignity and honor are initially understood in a positive aspect.
• reputation depends on the subject's performance. The higher the quantity and quality of the goods created, the more significant the business reputation will be.
• reputation can be assessed not only for a person, but also for a company, organization, bank, enterprise and other institutions.

Business reputation, dignity and honor are moral concepts that are reflected in the legal system.

Laws governing this matter

Dignity, honor and reputation, endowing them with subjects and their protection are regulated by various branches of law. The Constitution proclaims the inviolability and natural acquisition of these rights. Its rules are descriptive. The procedure for protecting interests is detailed in the norms of the Civil Code.

The Code of Civil Procedure prescribes the rules for the implementation of the procedure for the protection of honor, dignity and reputation. Law No. 2124-1 defines the procedure for refuting discrediting false information as one of the means of restoring a violated right. Resolution of the Supreme Court of 2005 No. 3 provides courts with clarifications when considering cases on the protection of reputation, honor and dignity.

The tax code determines the amount of fees for filing a claim with a judicial authority. For convenience, in the search for the legal norm of interest, you can use the table below.

Question	Normative act	Article
Proclamation of the human right to the defense of honor and own good name	Constitution	Art. 23
Protection Order	GC	Art. 152
Compensation for moral damage	GC	Art. 151
The amount of compensated moral damage	GC	Art. 1101
Claim form	GIC	Art. 131
List of documents submitted to the court along with the claim	GIC	Art. 132
Claim processing time in the judiciary	GIC	Art. 154
Refutation procedure	Law of 1991	Art. 44

Methods and features of protection

There are two ways to restore violated honor and dignity. The first method includes making demands to the subject that has disseminated defamatory information to refute this information. The second way is to file a lawsuit with the court. At the same time, the law does not oblige a person to pre-trial resolve the issue.

The reason for protection is the dissemination of negative information discrediting the social qualities of an individual or organization. Dissemination should be understood as the transfer of information to a circle of persons, including one person. Information can be transmitted using the means of printing, video broadcasting on television, radio, newsreel, the Internet, in public speeches and performance characteristics.

Distribution is not considered to be a presentation of defamatory information to the person whose rights are infringed, in this case we are talking about an insult. It is also necessary to distinguish the dissemination of defamatory information from slander, which implies the disclosure of deliberately false negative information, while the dissemination may not be intentional. Defamation, unlike proliferation, is punishable by criminal sanctions.

In order to protect violated social rights in court, it is necessary that the very fact of the offense has the following features:

1. The transmitted information should discredit the reputation of the subject.
2. Information should not be reflected in reality.
3. There is a dissemination of information.

In the absence of any of the above circumstances, the judge has the right to refuse to satisfy the claim.

A feature of the protection of non-property rights is that proving the reliability of discrediting information lies with the distributor. A citizen, whose honor and dignity have been discredited, does not have to prove his innocence, the law firm YUESCOM insists on this when working with clients. If the distributor cannot provide evidence to the court of the veracity of the information, he is found guilty, then the claim is satisfied.

Protection Order

Before applying to the court, a person may send a request for a refutation or his response to what was said to the editorial office that disseminated negative information. The person must be informed about refutation measures no later than one month from the date of receipt of the request. If the newspaper is published once a week, then the refutation must be published no later than ten days, for other information broadcasters - in the next issue.

The refutation in the newspaper is placed exactly in the column where the defamatory information is, it is typed in the same font. A refutation on television or radio is announced at the same hour as the program in which negative information was disseminated.

Judicial protection of a violated right involves filing a claim for the restoration of the former reputation and for compensation for moral harm. Claims with such requirements are sent to the courts of general jurisdiction. If the subject of the dispute is related to economic activity, then the arbitration court resolves such a dispute.

The statute of limitations on this issue is one year from the date of dissemination of negative information. If the deadline is missed, the court refuses to satisfy the claim.

Individuals whose rights have been violated, as well as their legal representatives, can defend their interests. The law also allows the protection of the honor of a deceased citizen. Documents confirming the fact of dissemination of discrediting information are attached to the claim. The plaintiff pays the fee. Its amount for the restoration of non-property rights is 6,000 rubles for everyone. When filing a claim for compensation for moral harm for people, the amount is 300 rubles, for organizations - 6,000 rubles.

The amount of moral damage to be compensated is determined by the victim independently, taking into account the severity of the experiences and is expressed in monetary terms. The judge, as a general rule, considers the case within two months and issues a verdict.

Typical defense cases from judicial practice

According to the Decree of the Plenum, the courts do not make mistakes in law enforcement when resolving cases on the protection of honor. The greatest complexity is acquired by cases in which the person who disseminated information of a discrediting nature is unknown. For these purposes, it is recommended to resolve the issue in the order of special consideration, by sending a claim to the justice of the peace to declare the information invalid. The modern capabilities of the special unit "K" of the Ministry of Internal Affairs allow you to establish the e-mail address of the person who committed the violation on the Internet.

There are mistakes of persons in determining the violation itself when filing a claim. Citizens often cannot distinguish between slander, insult and dissemination of vicious information. The rights violated by slander and insult are defended in the order of private public prosecution in the world's courts.

Thus, the legislator guarantees legal entities and individuals the protection of the rights proclaimed by the Constitution to honor, dignity and business reputation.

Lawyer of the Board of Legal Protection. He specializes in administrative and civil cases, indemnification by insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

They are inseparable benefits of the individual. Citizens also have a business reputation. It is formed in the process of their economic activity. Legal entities also have a business reputation. All these benefits are protected by law.

The concept of honor and dignity

An assessment is established for an individual in terms of social and ethical norms. Honor refers to a certain measure of the socio-spiritual qualities of a person. At the same time, each subject has its own idea of ​​its value. It is called dignity. It is recognized by the state for all members of society equally. The concepts of dignity and honor determine the attitude towards the subject as the highest value. These categories are closely related. Dignity acts as a certain reflection of honor as an assessment of society in the mind of the subject. Together, these categories form an organic whole, an integral feature of personality.

Business reputation

For people, it is determined by the level of professional qualifications, and for a legal entity - by indicators of production and other economic activities in accordance with its legal status within the framework of market relations. The content of the term "reputation" largely coincides with the definition of honor. However, the first reflects mainly professional, entrepreneurial qualities, and the second - more ethical.

Regulatory support

The above categories are closely related to legal provisions. Each subject has the right to protection of honor, dignity, business reputation. The limitation or loss of these benefits leads to a decrease in the established status in relations with other subjects. In this regard, the civil law protection of honor, dignity, business reputation is the most important direction of state social policy. Within the framework of the legal system, these categories are considered as intangible benefits and as special subjective possibilities.

Legal personality

It determines to some extent the position of individuals in society, reflects their relationship with the state. Each subject is endowed with a certain set of non-property and property, political rights. They reflect its legal status. These rights act as elements of legal personality. It, in turn, is a specific property of each individual. The right to dignity, honor and others is recognized as absolute. This is due to the fact that its implementation is ensured by the obligation of an indefinite number of persons. It consists in refraining from any encroachment on the honor, reputation, dignity of the subject. This obligation is enshrined in constitutional provisions, as well as other legislative norms. In case of violation of the regulations, judicial protection of honor, dignity and business reputation is provided.

Important point

The right to honor, reputation, dignity, as well as other non-property benefits enshrined in the Constitution, are of practical importance for subjects not only in case of their violation, but also regardless of it. When empowering an individual or legal entity, the state provides an appropriate system of guarantees. It forms the conditions in which the implementation and protection of rights is carried out.

Classification

The provision is fixed that inalienable freedoms and rights, intangible benefits are protected by legal norms, unless otherwise follows from their essence. At the same time, Art. 150 of the Civil Code defines a list of such categories and divides them into 2 groups. The standard establishes intangible benefits that are acquired by virtue of:

• birth (for individuals) or creation (for legal entities);
• law.

The first legislation refers to health, dignity, personal integrity, life, good name, honor, family and personal secrets, business reputation. These categories exist regardless of their legal regulation. Protection of the dignity, honor and business reputation of the subject, as well as other benefits listed above, is carried out only in case of encroachment on them. The second group includes the possibility of choosing a place of residence and stay, freedom of movement, etc. They act as subjective rights in a specific respect. Accordingly, they are regulated by statutory provisions.

The specifics of the protection of non-property goods

There is a specific rule, the provisions of which regulate the protection of honor, dignity and business reputation. The article in which they are contained determines the general procedure for the implementation of state guarantees that ensure the protection of these benefits. For example, this concerns the dissemination of information that denigrates a person. According to Art. 152 of the Civil Code of the Russian Federation, the subject may demand its refutation. At the same time, the person who made the information public may avoid liability if he proves that the information is true. In essence, Art. 152 of the Civil Code of the Russian Federation, the opportunity to demand a refutation exists only in relation to slanderous data. Here it is worth saying that it occurs regardless of the method of disclosure of information. At the request of the interested parties, refutation is also possible after the person's death. Discrediting information should not cause damage not only to the person himself, but also to his relatives, as well as other participants in the relationship. The legislator provides for an indefinite circle of admissible plaintiffs, using the expression "at the request of interested parties" in the norm.

Specificity of refutation

Information that does not correspond to reality may be published in the media. Accordingly, they must be refuted in them. If such information is contained in any document, it must be withdrawn or replaced. Determining the procedure for refuting information in other cases refers to the decisions of the courts. According to Art. 152 of the Civil Code of the Russian Federation, the subject, in respect of which the media disseminated data that does not correspond to reality, has the opportunity to publish a response. Here it is necessary to note an important point. This rule refers to information that denigrates the honor, dignity, reputation, and data that infringe on the rights and interests of the subject. In the first case, it was established that the refutation is published in the same media, and in the second case, the person has the opportunity to publish his answer.

General rules

According to Art. 208 of the Civil Code does not apply to claims for the protection of intangible rights, with the exception of cases stipulated by law. If it is impossible to identify the person who disseminated the slanderous information, the victim may file an application for recognition of it as untrue. If the obligated subject fails to comply with the decision taken in favor of the victim, the court may impose a monetary penalty. The amount and procedure for recovery is established in accordance with the Code of Civil Procedure. The legislation also stipulates the possibility of compensation for material and moral damage to the victim, which arose as a result of the dissemination of data denigrating him.

conclusions

Thus, the protection of honor, dignity and citizenship can be carried out in several ways. First of all, it is he who can present a demand for the refutation of slanderous information. It involves bringing to the attention of the persons among whom it was distributed, data on the recognition of it as not corresponding to reality. In addition, the protection of dignity, honor and business reputation is carried out by recovering moral and material damage from the perpetrator. The first is the recognition of emotional or physical suffering.

Characteristics of moral damage

Harm in civil law is understood as adverse changes in the good protected by law. Damage can be non-property and property. At the same time, the occurrence of the latter does not mean that the suffering and feelings of the victim do not appear. In this aspect, these categories are interdependent in a certain sense. As a result of diminishing the dignity and honor, as well as the reputation of persons, moral damage takes place, and it is subject to compensation. This rule is established by Art. 151 GK. Moral damage involves, first of all, various emotional, moral experiences caused by the violation. This harm often makes one suffer more acutely than property damage. Without causing material damage, it entails severe mental anguish. Moral harm is accompanied by a violation of mental well-being, emotional balance of the individual. It follows from this that it is accompanied by the undergoing of psychological or physical suffering, as well as the narrowing of the freedom of the individual and, therefore, cannot remain outside the legal sphere. Moral damage is mentioned in various norms of the legislation. For example, it is listed in Art. 1099-1101, 152, 12, 151 GK. The legal assessment of the essence of this harm is enshrined in Art. 151. Explanations on this issue are also provided in the decision of the Plenum of the Supreme Court No. 10. In paragraph 2 of this document, in particular, it is said that physical or moral suffering should be considered as moral harm resulting from inaction / actions that encroach on the intangible benefits available to persons by virtue of law or from birth or violating his property or non-property (personal) rights. This condition may be due to various reasons. For example, suffering can be caused by the loss of relatives, the inability to continue active participation in social life, the loss of a job, temporary restriction / imprisonment, disclosure of family), the dissemination of information that does not correspond to reality.

Compensation specifics

The duty of the violator to compensate for the moral harm caused to him by his behavior acts as a measure of responsibility. It has a preventive (warning) value in the field of personal protection. Protection of dignity, honor and business reputation through the recovery of moral damages can be carried out in different ways. In particular, the legislation provides for compensation for:

1. For the dissemination of data that does not correspond to reality, denigrating a legal entity. This method is provided for in paragraph 7 of Art. 152.
2. For the dissemination of information that denigrates the subject, regardless of the fault of the tortfeasor.
3. In case of violation of the non-property rights of a citizen or infringement on the intangible benefits that he has, as well as in other cases established by law.

Recovery of moral damages is made exclusively in money. The amount is established in accordance with the nature of the physical and psychological suffering that was caused to the person, as well as the degree of guilt of the offender in cases where it acts as a basis for applying this method of protection.

Nuances

Considering the features of protecting honor, dignity and business reputation, it should be noted that when determining the amount of compensation, the principles of justice and reasonableness, the level of emotional and physical suffering, which are associated with the individual qualities of the subject who is the victim, should be taken into account. The inability to accurately determine the amount of monetary or other equivalent cannot act as an obstacle to making decisions on compensation for moral damage. In accordance with the norms, the victim independently assesses the severity of the harm caused to him, and indicates a specific amount in his claim.

Excitation of production

The legislation proceeds from the inadmissibility of arbitrary intrusion into someone's private life, the need for the subjects to freely and unimpededly exercise their legal capabilities, and ensure their restoration in case of violation. Protection of the rights of citizens acts as a fundamental principle and is guaranteed by the state. The legislation provides for certain measures of state coercion. They are aimed at protecting the freedoms and interests of subjects, eliminating the negative consequences arising from their violation. These measures are implemented in the order of civil judicial proceedings. The norms establish the procedure in accordance with which the consideration of applications and complaints is carried out. To initiate proceedings, the injured person must file a claim. Protection of honor, dignity and business reputation acts as a constitutional subjective legal possibility. It is implemented through a certain set of powers. In particular, it provides for an appeal to the court as a whole and to a specific instance, the opportunity to count on an objective consideration of the stated requirements, on the issuance of a reasoned and lawful decision. In addition, the protection of the rights of citizens is carried out in the order of appeal and cassation proceedings. Of no small importance is the obligatory execution of the decision.

The specifics of presenting claims

According to the norms of the law, the protection of dignity, honor and business reputation can be carried out by any entity whose intangible benefits have been encroached upon. At the same time, it should be taken into account that the communication of defamatory information to the person to whom it concerns will not act as the dissemination of this data. In such cases, the protection of dignity, honor and business reputation can be carried out in accordance with the norms of criminal law. In particular, the subject may be guided by the provisions of Art. 130 of the Criminal Code. In this situation, there is an insult inflicted in the absence of dissemination of information about the victim to third parties. For example, the perpetrator showed an obscene gesture, sent a letter to the victim with obscene language, and so on. These actions detract from human dignity and give rise to the right not only to initiate proceedings, but also to compensation for moral damage.

Protection of intangible goods on the Internet

In the information space, it is very easy to spoil the reputation, harm the dignity and honor of the subject. For this, a variety of means are used. This and a variety of forums, news feeds, bulletin boards. Quite often on the sites there are references to the dishonesty of certain organizations, low-quality services. As a result of discrediting the reputation, potential customers are lost, and financial losses occur. Currently, the problems of protecting honor, dignity and business reputation on the Internet are quite acute. First of all, this is due to the lack of a clear normative regulation of relations in the information sphere. The dissemination of information on the Internet is considered a relatively new way of publishing certain data. Therefore, there is no sufficient practice to resolve disputes arising from the publication of false, slanderous information. In addition, specialists providing legal assistance to subjects are often incompetent. For example, a civil lawyer is experienced in defending the interests of a person violated in traditional ways, but at the same time, he may not have sufficient experience in participating in proceedings related to the dissemination of defamatory data on the network. As a result, illegal actions remain virtually unpunished.

Gaps in the regulatory framework

Protection of dignity, honor and business reputation on the Internet must be effective and based on the norms of the law. However, for this it is not enough to announce that the rules regarding the dissemination of information in traditional media also apply to electronic platforms. When resolving disputes, it should be borne in mind that if defamatory information was published on a resource registered as a media outlet, one must be guided by the relevant rules. Namely, those provisions that regulate the activities of television and radio companies, print media. The list of "traditional" mass media is specified in Art. 2 FZ "On Mass Media". Thus, in case of a one-time dissemination of data that does not have a sign of periodicity, the provisions of this Law are not subject to application. The Federal Law "On the Mass Media" binds the permanent name of the publication to the mass media. Changing it involves a rather complicated procedure. For a website, everything is much simpler - "traditional" rules do not apply here. If we talk about the form of providing information, then there are no strict requirements regarding this. In the definition of mass media, the law specifies "other publications" besides traditional ones. This term can be called not only the electronic version of the paper edition, but also resources that do not have paper forms. The fact that they exist only in digital form does not exclude their classification as mass media. From all that has been said, it follows that the aforementioned Law does not fully solve the problems that arise with the dissemination of information in virtual publications.

Legal practice

It should be noted that instances of general jurisdiction, as well as arbitration, often experience difficulties in resolving disputes arising from the dissemination of information on the Internet. Moreover, not every civil lawyer will undertake to assist the injured subject. Among the main difficulties, one should single out the difficulty of determining persons who can be held liable and will be required to compensate for the damage caused. In addition, there is the problem of fixing evidence, recognizing their reliability and admissibility. On the Internet, people have the opportunity to be anonymous. This significantly complicates the identification of authors, sources of discrediting information. To prove the fact of dissemination of slanderous information, it is necessary to carry out a number of difficult procedures. As a result, very often it is not possible to identify the culprit. All these problems need to be addressed. This requires appropriate additions to the existing legislative framework.

Article 153 of the Civil Code establishes a special civil law method for protecting the honor, dignity and business reputation of a citizen and the business reputation of a legal entity. The right to part, dignity and business reputation is the right to self-esteem and a socially significant assessment of the moral, business and other features and properties of a subject of civil law, on which their position in society depends.

The concept of honor, dignity is not disclosed in the legislation. The literature has developed the following definitions:

Honor - a reflection of the qualities of a person in the public consciousness, accompanied by a positive assessment of society; social assessment of moral and other qualities of a person.

Dignity - a reflection of his qualities in one's own mind, accompanied by a positive assessment of a person; self-assessment of the personality of his personal qualities, abilities, worldview, duty performed and his social significance.

The business reputation of a citizen who is not an individual entrepreneur is understood as a public assessment of his business and professional qualities acquired by a citizen in the performance of his labor, official and public duties.

The business reputation of a legal entity and an individual entrepreneur is understood as an assessment of their economic (economic) activities, as participants in economic (economic) legal relations with other participants in property turnover and non-citizens (paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 23, 1999 15 "On the practice of consideration by courts of civil cases on the protection of honor, dignity and business reputation").

According to paragraph 1 of article 153 of the Civil Code, a citizen has the right to demand in court a refutation of information that discredits his honor, dignity or business reputation, if the person who disseminated such information does not prove that they are true.

Therefore, for the right to protection to arise, three conditions must be present:

a) information must be disseminated;

b) the information must be discrediting;

c) information must be false.

What is meant by each of these conditions is explained in the relevant Decisions of the Plenums of the Supreme Court

and the Supreme Economic Court of the Republic of Belarus.

Responsibility for the dissemination of such information arises regardless of the fault of the person who disseminated it.

The main way to protect honor, dignity and business reputation is the refutation of discrediting information.

An authorized subject (plaintiff) under the requirements for the protection of honor, dignity and business reputation is a person about whom defamatory information is disseminated. Judicial practice proceeds from the fact that relatives of this person can also make such demands if the specified information directly or indirectly discredits their honor and dignity (paragraph 10 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

The obligated subject (respondent) under the requirements for the protection of honor, dignity and business reputation is the person who disseminated defamatory information. According to the requirements for the refutation of information disseminated through the media (published in the press, reported on radio, television), both the author himself and the mass media body (for example, the editorial office of a newspaper, magazine, news agency, publishing house) are involved as defendants . When such information is published (or distributed in any other way) without indicating the name of the author (for example, in an editorial), the corresponding mass media body is recognized as the defendant. If the information was reproduced by him from official communications, broadcast speeches, or received from news agencies, then in relation to Article 63 of the Code of Civil Procedure and, accordingly, Article 41 of the Code of Civil Procedure, the body or person that served as the source of such information should also be involved as defendants. It is they who are responsible for proving the validity of the disseminated information.

The Civil Code does not contain a general list of ways to refute information discrediting a person. It refers only to two situations: a) if the information is disseminated in the media, they must be refuted in the same media; b) if the information is contained in a document emanating from the organization, such a document is subject to replacement or withdrawal. The order of refutation in other cases is established by the court. Since the essence of the civil law protection of honor, dignity and business reputation is the rehabilitation, restoration of the good name of a person, the method of refutation must be chosen so that it becomes known to all persons among whom the defamatory information was disseminated.

When determining the method of refutation, the court, in accordance with Article 37 of the Law of the Republic of Belarus “On the Press and Other Mass Media”, may oblige the editorial office (publisher) to publish a refutation in a special section or in the same place on the page as the refuted message or material, in the same volume and in the same font.

On radio and television, a refutation must be broadcast at the same time of day and in the same program as the refuted reports or material.

1) in the media that are published

(broadcast) at least once a week - no later than ten days from the date of receipt of the request for refutation or its text;

2) in other mass media - in the next issue.

Editing by a mass media body of the text of the decision or commentary to it, which dispute the decision by content, is not allowed (paragraph 16 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

By virtue of clause 5 of article 153 of the Civil Code, a citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, has the right, along with the requirement to refute such information, to demand compensation for moral damage.

In accordance with paragraph 3 of Article 969 of the Civil Code, compensation for moral damage caused by the dissemination of information discrediting the honor, dignity or business reputation of a citizen is carried out regardless of the fault of the harm-doer in monetary form (paragraph 1 of Article 970 of the Civil Code).