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Theory of everything. Civil Code of the Russian Federation (Civil Code of the Russian Federation) Article 152 of the Civil Code of the Russian Federation punishment

Article 152. Protection of honor, dignity and business reputation

At the request of interested persons, it is allowed to protect honor, dignity and business reputation citizen after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the said information is disseminated in the mass media has the right to demand, along with a refutation, also the publication of his answer in the same mass media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in connection with this the refutation cannot be brought to public attention, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of the further dissemination of the specified information by withdrawing and destruction, without any compensation, of copies of material carriers made for the purpose of introducing into civil circulation containing the specified information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. If information that discredits the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the removal of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, is established by the court.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

8. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information has been disseminated has the right to apply to the court for recognition of the disseminated information as untrue.

9. A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his answer, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the indicated information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media.

11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, respectively, apply to the protection of the business reputation of a legal entity.

Civil Code, N 51-FZ | Art. 152 of the Civil Code of the Russian Federation

Article 152 of the Civil Code of the Russian Federation. Protection of honor, dignity and business reputation (current version)

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

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Commentary on Art. 152 of the Civil Code of the Russian Federation

1. Honor, in other words, a good name, is the perception of the subject by himself, as well as by others, from the point of view of the personal qualities of this subject.

Dignity is traditionally understood as self-esteem, perception by the subject (individual) of himself.

The business reputation of an individual, as well as a legal entity, is understood as the prevailing perception, not by this person, but by other persons professional qualities an individual or legal entity that has individual advantages over other entities engaged in similar activities.

The indicated intangible benefits are protected by the current legislation (in particular, criminal liability for slander, i.e. dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation, is provided for by Article 128.1 of the Criminal Code of the Russian Federation).

Dissemination of information that discredits the honor and dignity of citizens or the business reputation of citizens and legal entities can be a manifestation of a violation of honor, dignity, business reputation.

The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in performance characteristics, public speeches, statements addressed to officials, or a message in one form or another, including oral, to at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination, if the person who provided this information has taken sufficient confidentiality measures so that they do not become known to third parties.

Information that does not correspond to reality is statements about facts or events that did not take place in reality at the time to which the disputed information relates. Information contained in judicial decisions and sentences, decisions of bodies of preliminary investigation and other procedural or other official documents, for appeal and contestation of which is provided for by another established by laws, cannot be considered as untrue. court order(for example, the information contained in the dismissal order cannot be refuted in accordance with Article 152 of the Civil Code of the Russian Federation, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

Discrediting, in particular, are information containing allegations of a violation by a citizen or legal entity current legislation, committing a dishonest act, wrong, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activity, violation business ethics or business practices that detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

By general rule the obligation to prove this or that circumstance lies with the person who indicated this circumstance (part 1 of article 56 of the Code of Civil Procedure of the Russian Federation). However, in cases of protection of honor, dignity and business reputation, the obligation to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the discrediting nature of this information.

In the event of dissemination of untrue defamatory information regarding minors or incompetent citizens, claims for the protection of their honor and dignity may be filed by their legal representatives (for example, parents). After the death of a citizen, the protection of his honor, dignity and business reputation may be initiated by his relatives and (or) heirs.

2. When satisfying a claim for the protection of honor and (or) dignity and (or) business reputation, the court in the operative part of the decision is obliged to indicate the method of refuting discrediting information that does not correspond to reality and, if necessary, set out the text of such a refutation, which should indicate which information are untrue defamatory information, when and how they were distributed, as well as to determine the period during which a refutation should follow. A refutation distributed in the mass media can be dressed up in the form of a message about the accepted this case judgment, including the publication of the text of the judgment.

As a general rule, a court decision to refute information discrediting honor, dignity and business reputation must be executed voluntarily. Otherwise, after the entry into force of the court decision, the person has the right to apply to the court for the issuance of a writ of execution for applying to the bailiff service for the purpose of its subsequent enforcement. In cases of non-fulfillment by the debtor of the requirements contained in the executive document, within the period established for voluntary execution, within a day from the date of receipt of a copy of the decision of the bailiff on the initiation of enforcement proceedings, the bailiff shall issue an order to collect the enforcement fee and establish the debtor new term for execution. And if the debtor fails to fulfill the requirements contained in the executive document, without good reason, within the newly established period, the person may be, in accordance with Part 2 of Art. 105 FZ of 02.10.2007 N 229-FZ "On Enforcement Proceedings" brought to administrative responsibility under Art. 17.15 of the Code of Administrative Offenses of the Russian Federation, and in case of further non-execution of a court decision - up to a criminal one (under Art. 315 of the Criminal Code of the Russian Federation).

Having assessed, in accordance with the requirements of Chapter 7 of the Code, the evidence presented by the parties, in their totality and interconnection, based on the actual circumstances of the case, guided by Article 152 of the Civil Code Russian Federation, Review of the practice of consideration by the courts of cases on disputes on the protection of honor, dignity and business reputation, approved by the Presidium Supreme Court of the Russian Federation on March 16, 2016, the court of appeal, canceling the decision of the court of first instance, proceeded from the fact that the frame showed a product marked trademark"Blagoyar", the copyright holder of which is the company ...

Decision of the Supreme Court: Ruling N 309-ES17-7878, Judicial Collegium for Economic Disputes, cassation

Believing that the specified information is untrue and discredits business reputation, the company applied to the arbitration court with these requirements. By virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the obligation to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the discrediting nature of this information ...

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Article 150

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom to choose a place of stay and residence, name of a citizen, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law are inalienable and non-transferable in any other way.

2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and within the limits in which the use of methods for protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property law and the nature of the consequences of this violation.

In cases where the interests of a citizen so require, intangible benefits belonging to him can be protected, in particular, by recognizing by the court the fact of violation of his personal non-property right, by publishing a court decision on the violation, as well as by suppressing or prohibiting actions that violate or create a threat of violation personal non-property rights or encroaching or creating a threat of encroachment on a non-material benefit.

In the cases and in the manner prescribed by law, intangible goods belonging to the deceased may be protected by other persons.

Article 151. Compensation for moral damage

If moral harm (physical or moral suffering) is caused to a citizen by actions that violate his personal non-property rights or encroach on non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm. (as amended by Federal Law No. 142-FZ of July 2, 2013)

When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with individual characteristics injured citizen. (as amended by Federal Law No. 142-FZ of July 2, 2013)

Article 152. Protection of honor, dignity and business reputation

(as amended by Federal Law No. 142-FZ of July 2, 2013)

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

Article 152.1. Protection of the image of a citizen

(article introduced federal law dated December 18, 2006 N 231-FZ)

Publication and further use of the image of a citizen (including his photograph, as well as video recordings or works visual arts in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence - with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in the state, public or other public interests;

2) the image of a citizen was obtained during shooting, which is carried out in places open to free access, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except when such an image is the main object use;

3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as copies of material carriers in circulation containing the image of a citizen obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. . (Clause 2 was introduced by Federal Law No. 142-FZ of July 2, 2013)

3. If an image of a citizen obtained or used in violation of paragraph 1 of this article is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution. (Clause 3 was introduced by Federal Law No. 142-FZ of July 2, 2013)

Article 152.2. Protection of the privacy of a citizen

(introduced by Federal Law No. 142-FZ of July 2, 2013)

1. Unless otherwise expressly provided by law, the collection, storage, dissemination and use of any information about his private life, in particular information about his origin, place of his stay or residence, personal and family life, is not allowed without the consent of a citizen.

It is not a violation of the rules established by paragraph one of this paragraph, the collection, storage, distribution and use of information about the private life of a citizen in state, public or other public interests, as well as in cases where information about the private life of a citizen has previously become publicly available or was disclosed by himself citizen or at his will.

2. The parties to an obligation are not entitled to disclose information about the private life of a citizen who is a party or a third party to this obligation, which became known to them upon the occurrence and (or) performance of the obligation, unless the agreement provides for the possibility of such disclosure of information about the parties.

3. Unlawful dissemination of information obtained in violation of the law about the private life of a citizen is considered, in particular, its use in the creation of works of science, literature and art, if such use violates the interests of a citizen.

4. In cases where information about the private life of a citizen, obtained in violation of the law, is contained in documents, video recordings or other material media, the citizen has the right to apply to the court with a request to delete the relevant information, as well as to suppress or prohibit its further dissemination by seizure and destruction, without any compensation, of copies of material carriers made for the purpose of putting into civil circulation containing relevant information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. The right to demand the protection of the private life of a citizen by the methods provided for in paragraph 2 of Article 150 of this Code and this Article, in the event of his death, have the children, parents and surviving spouse of such a citizen.

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. The refutation must be made in the same way that information about the citizen was disseminated, or in another similar way. At the request of interested persons, a citizen is admitted even after his death. 2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the said information is disseminated in the mass media has the right to demand, along with a refutation, also the publication of his answer in the same mass media. 3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in connection with this the refutation cannot be brought to public attention, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of the further dissemination of the specified information by withdrawing and destruction, without any compensation, of copies of material carriers made for the purpose of introducing into civil circulation containing the specified information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible. 5. If information that discredits the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the removal of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users. 6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, is established by the court. 7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision. 8. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information has been disseminated has the right to apply to the court for recognition of the disseminated information as untrue. 9. A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his answer, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information. 10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the indicated information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media. 11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, respectively, apply to the protection of the business reputation of a legal entity.

Legal advice under Art. 152 of the Civil Code of the Russian Federation

Denis Bulgarin

Is there a kind of claim for the protection of honor, dignity and business reputation, but is there just a statement about it, without a claim?

The application is submitted for bringing to administrative responsibility. AND statement of claim on material compensation in civil proceedings.

Leonid Kultykov

territorial jurisdiction for the protection of honor, dignity and business reputation. The head of the organization in A city A branch in B city A the employee himself worked in C city. But the labor office was in B city

Lawyer's response:
According to the rules of tribal jurisdiction, claims in cases of protection of honor and dignity are considered at first instance by district courts. File a lawsuit at the location of the branch. If it's too far, hold the person who posted the ad accountable. Perhaps you will be denied a claim against him, but you can file a claim at the place of residence of one of the defendants.

Maria Melnikova

protection of honor, dignity and business reputation by what legal acts is regulated?

Alina Osipova

claim for the protection of honor, dignity and business reputation. a claim for the protection of honor, dignity and business reputation, HOW to write it correctly, in whose name? what documents to attach? The committee on land relations of the Administration of the Pionersky district of Pionersk, Kaliningrad region, the head of the department, Khalipov PV, filed an application with the arbitration court. Land lease agreement No. 048/2006 dated 08/14/2006, and my company is registered as a legal entity and tax registration with the tax authority of Kaliningrad, Kaliningrad region = dated 12/29/2006. It follows that the contract was signed on August 14, 2006 and worked, and I registered my company only on December 29, 2006. In short, I faxed my certificates of registration of my company to the Admin of the Pioneer District, they saw their mistake. They offer, so what, like a mistake .. and in the court decision, my details are like a red flag for all sites and Arbitration Court and the pack of the city of Kaliningrad, and the Site of the Administration of the Pionersky District, were filed and entered into the registers by all media, as a malicious Debtor, not a payer, the amount is 237,000 rubles, pls, according to the just adopted court decision, a penalty in the amount of 50,000 ru is calculated, total everyone sees the debt = 257,000 rubles, Khalipov says, so why write an application, I don’t know how you should be now? your type of problem. Please tell me how I should be in this situation. Can I sue them, and how? What should I do? _______ I don’t know what to do and write where the application is, in whose name ??? Can I show Khalipov or to whom? Moral damage, What to do with the media??? Please tell me how to proceed further??

Oksana Kazakova

Baturina, the wife of the capital's mayor, will file lawsuits for the protection of honor, dignity and business reputation. Your opinion: win?

The more they flounder, the deeper they get sucked in. If they confessed, repented, they would be honorably sent to retire. And if they resist, they will open criminal cases.

Raisa Yakovaleva

Tell me, who can act as subjects of proof in cases of protection of honor, dignity and business reputation?

1. the applicant himself .... 2. his legal representative-lawyer ... 3. the head of the organization / enterprise (if it concerns the protection of its honor and business reputation) or representative by proxy, in-house lawyer

Daria Kazakova

my boyfriend posted my half-naked photos on his Vkontakte page. question:...

why do girls never think about the consequences of their actions?? Yes, at least what kind of beloved he is, but at least we would have lived for 20 years, why rely on a person like that? Damn, so many stories are shown, written, and no, because everything is about nothing to us ...

Karina Baranova

Can collection services be sued?

If collectors disseminate information that you are a persistent defaulter, you can file a lawsuit for the protection of honor, dignity and business reputation. After all, while there is no court decision recognizing you as a debtor, all the information about what you have ...

Natalia Kudryavtseva

Lawyers, tell me, is there an article in the Criminal Code of the Russian Federation that it is impossible to insult any firms in public? Open .... For example, in the community on the VKONTAKTE website, which is signed by 10,000,000 people, they openly slander the Rostelecom provider! Hayut in general as they want how bad he is! And the public sees it! Isn't that illegal?

Igor Varvarin

Criminal Code of the Russian Federation or still the Code of Administrative Offenses of the Russian Federation. On the Internet, information is circulated that is deliberately false, discrediting honor and dignity. The culprits have been identified. What punishment should they receive? Libel - according to the criminal code and pay a large fine, or sit in a turma, or will the perpetrators suffer an administrative penalty under the article Insult? pay a small fine and be able to safely continue to post such information on the network? The difference between these packs, when and in what case do they apply? What payments in this situation can still be ripped off from these scum? Can I sue for damages? for reimbursement of legal costs (for example, payment of lawyer's services) ?

Lawyer's response:
Slander - discrediting information or dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation. Example: clumsy, liar, etc. Unlike slander, insult does not carry information that disgrace the victim. Insult consists in a NEGATIVE ASSESSMENT of a person's personality, his qualities, behavior, and in a form that contradicts the established rules of behavior and the requirements of universal morality. Example: fool, stupid, etc. Criminal Code of the Russian Federation Article 128.1. Libel (introduced by Federal Law No. 141-FZ of July 28, 2012) wages or other income of the convicted person for a period of up to six months, or by compulsory works for a period of up to one hundred and sixty hours. 2. Libel contained in a public speech, publicly demonstrated work or MEDIA - shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to two hundred and forty hours. Law "On mass media" Article 2. Mass media. Basic concepts For the purposes of this Law: mass information means printed, audio, audiovisual and other messages and materials intended for an unlimited circle of persons; mass media means a periodical printed publication, a NETWORK EDITION, a TV channel, a radio channel, a television program, a radio program, a video program, a newsreel program, another form of periodic distribution of mass information under a permanent name (name); a network edition is understood as a SITE in the information and telecommunication network "Internet", REGISTERED AS A MASS MEDIA in accordance with this Law. Civil Code of the Russian Federation Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. At the request of interested persons, the protection of the honor and dignity of a citizen is allowed even after his death. 2. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the mass media, THEY SHOULD BE REFUTED IN THE SAME MASS MEDIA. Article 151. Compensation for moral damage If a citizen has suffered moral harm (PHYSICAL OR MORAL SUFFERING) by actions that violate his personal non-property rights or encroach on other INTANGIBLE BENEFITS belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation said harm. When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person harmed. If the information is distributed on the Internet and is not offensive in nature (see above), then the Code of Administrative Offenses of the Russian Federation is resting. You can demand a refutation of the posted information, reimbursement of legal costs. To compensate for moral damage, you must prove the infliction of this harm. The imposed fine, if this happens, will not go in your favor, but in the state's income.

Egor Durakov

78005555168 mba finance .. today this number calls me and says that there is 1 day left until the trial regarding my loan, etc. I didn't listen to it for a long time, I dropped it. decided it was a divorce. I find out on the Internet that this is a collection company MBA FINANCE. but I didn’t take any loan (what a poor student) and, in principle, I won’t contact the bank. The question is, can this really be considered a mistake in this case. divorce? Or if not, where do I go with it?

Lawyer's response:
it all depends on your desire 1) you can stupidly blacklist them or change your number and forget about them like a nightmare 2) you can sue them in court according to: Article 152. State Defense Committee of the Russian Federation Protection of honor, dignity and business reputation, I would did not miss such an opportunity to withdraw money from them)))

Julia Dmitrieva

What counterclaim? what counterclaim will be for a claim for compensation for moral damage caused by the provision of low-quality medical service?

on the protection of honor, dignity and business reputation

Larisa Molchanova

If the newspaper wrote the truth about me, but I was not going to disclose this information, can I sue the newspaper?

It depends on what information and how its distribution affected you, that is, what your rights are violated. In principle, a lawsuit is possible "On the protection of honor, dignity and business reputation."

Maxim Volosheninov

The claim for the protection of honor, dignity and business reputation. In this case, if only moral damage is recovered, the state duty is determined depending on the amount recovered?

No. The state duty is paid as for a requirement of a non-property nature, i.e. in the amount of 100 rubles.

Elena Bolshakova

People, such a problem with classmates. Sympathizers please help!!!

The application to the police will be quickly closed) The limitation period does not apply to claims for the protection of honor, dignity and business reputation (Article 208 of the Civil Code). This opens up the possibility of protecting the honor, dignity and business reputation of citizens...

Tatyana Anisimova

what to do if the guy is hysterical????

Hysterical man and women - Hysterical men are afraid of women. If they are married, then they are quiet, dumb creatures who are pushed around. Hysterical men are not very developed creatures, burdened with complexes, so they are trying to prove ...

Yana Konovalova

The neighbor on the floor is rude, rude and accuses me of what I didn’t do, how to influence her so that she falls behind.

Insulting a person falls under a criminal article. Intimidate that call the district police officer and she will explain to him why she insulted. If you don't understand, then do it. She won’t open her mouth again without hard evidence, and if she does open it, then for ...

Karina Komarova

where can I find court statistics on cases of protection of honor, dignity and business reputation?. needed for graduation

By agreement of the dean of the faculty with the chairman of the court, to the paradise (mountain) court (according to the statistical reports they have, statistics for 5-10 years can be deduced by yourself).

Timur Lavrikov

Poor relationship between management and employees. I work in one well-known chain of stores (let's leave it incognito), there are a lot of all sorts of bosses with us, but there is one who only occupies a small position as a senior storekeeper, and takes on so much as if she were a warehouse manager .. constantly rude, humiliates, affects friends and close relatives, including parents .. sticks his nose where he is there at all out of place. constantly raises her voice.. there was even a case of assault.. no one wants to mess with her. She has been working for a long time and has a working interest in front of her superiors .. are there any suggestions on this? in addition to quit .. tell me .. thanks in advance

Lawyer's response:
Well, she behaves in the way that both the higher management (due to the absence of complaints from lower-level workers) and the subordinates of this madam allow her to do. It is not at all difficult to record curses and insults on a voice recorder (it is in every mobile phone) and call a boorish woman into a serious conversation .... they say. if this is not the last time, then the record will end up on the table of the prosecutor and the labor inspectorate. The prosecutor will strain about the protection of honor, dignity and business reputation, and the GIT about comfortable working conditions. But you must not do everything alone, the more offended it will be the better ...

Yaroslav Belyankin

help solve the problem of civil law. need a good argument, in accordance with applicable law. Lunin, the leading engineer of the research institute, as a result of the attestation, was recognized as inappropriate for his position. He refused the proposed position of senior engineer and was fired. Lunin filed a lawsuit against the administration of the institute and the persons who signed his testimonial for submission to the attestation commission. The characteristic, according to the plaintiff, contained information discrediting his honor and dignity. The court denied Lunin's claim. Judicial Board regional court left this decision unchanged. The Deputy Prosecutor General, in protest, raised the issue of canceling the court decisions and terminating the proceedings, since Lunin actually challenged the conclusions attestation commission about the discrepancy between the position he occupied and the motives for dismissing him from work, in connection with which this dispute is not under the jurisdiction of the court by virtue of the Labor Code of the Russian Federation. Appealing the decision to terminate the proceedings, Lunin noted that he was asking to refute not the conclusions of the attestation commission, but the information given in the service record that discredited his honor and dignity, in particular, the information that he had omissions in production activities, has a petty and quarrelsome character. Lunin also pointed out that the information contained in the description was not true, that he did not have awards and incentives received during the certification period.

Lawyer's response:
Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation ... If the specified information is contained in a document emanating from an organization, such a document is subject to replacement or recall. The order of refutation in other cases is established by the court. In a word, it should be the fact of dissemination of information. As for the information that is to be mentioned in the protocol of attestation of employees, this is an internal document that affects the determination of the pay rate and the position of the employee. The mention in it of the personal qualities of the employee is inappropriate, so in accordance with Qualification guide approved by the Ministry of Labor of the Russian Federation Qualification characteristics of each position has three sections. The section "Responsibilities" sets out the main labor functions, which can be entrusted in whole or in part to an employee holding this position taking into account the technological homogeneity and interconnectedness of work, allowing for the optimal specialization of employees. The "Must Know" section contains the basic requirements for the employee in relation to special knowledge, as well as knowledge of legislative and regulatory legal acts, regulations, instructions and other guidance materials, methods and means that the employee must apply when performing official duties. The "Qualification Requirements" section defines the level of professional training of the employee necessary to perform the prescribed job duties, and the requirements for work experience. The levels of required vocational training are given in accordance with the Law of the Russian Federation "On Education". Therefore, during certification, an employee should be evaluated precisely according to these criteria, and not according to whether someone likes him or not.

Dmitry Lukashin

A neighbor in a communal apartment said she wanted to accuse me of stealing, she said. A neighbor in a communal apartment said that she wanted to accuse me of theft, she said that she would file a complaint with the police that I stole money from her. invents all sorts of fables, knowing her, I can say that she will be able to bring her threats to life. How to protect yourself, which authority to contact? Thank you in advance!

Lawyer's response:
Unfortunately, Article 129 of the Russian Federation on libel has become invalid and can be brought to civil liability. Article 152. Protection of honor, dignity and business reputation 3. A citizen in respect of whom information infringing on his rights or legally protected interests has been published by the media has the right to publish his response in the same media. 4. If the court decision is not executed, the court has the right to impose a fine on the violator, collected in the amount and in the manner prescribed by the procedural legislation, to the income of the Russian Federation. Payment of the fine does not release the violator from the obligation to perform the action stipulated by the court decision. 5. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with the refutation of such information, has the right to demand compensation for losses and moral damage caused by their dissemination. 6. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information has been disseminated has the right to apply to the court for recognition of the disseminated information as untrue. 7. The rules of this article on the protection of the business reputation of a citizen shall apply accordingly to the protection of the business reputation of a legal entity. Article 14 of the Code of Criminal Procedure of the Russian Federation Article 14. Presumption of innocence [Code of Criminal Procedure of the Russian Federation] [Chapter 2] [Article 14] court verdict. 2. The suspect or the accused is not obliged to prove his innocence. The burden of proving the prosecution and refuting the arguments put forward in defense of the suspect or the accused lies with the prosecution. 3. All doubts about the guilt of the accused, which cannot be eliminated in accordance with the procedure established by this Code, shall be interpreted in favor of the accused. 4. A guilty verdict cannot be based on assumptions.

Valeria Lebedeva

Insult or slander? Criminal Code.. Tell me how to be a woman and where to go? I can't give you the details, but here's what she needs to know. The essence of the matter: Citizen A. was collecting signatures in favor of citizen V. (who was aiming for the place of citizen B.). Gr. A. told everyone from whom she took signatures that allegedly Gr. B. leads a wrong way of life and sleeps with everyone, which is not true. After that, the person from whom the signature was collected told about this fact gr. B and she intends to defend her rights. Question: 1. Where should she go first? 2. Under what article should Count A be accused? (insult or slander - because she personally didn’t know about all this, people handed her over - several people)

Lawyer's response:
The definition of the concept of "slander" is enshrined in Art. 129 of the Criminal Code of the Russian Federation. Responsibility for libel is provided not only by criminal, but also by civil legislation - Art. 152 of the Civil Code of the Russian Federation. That is, a citizen who has suffered from slander can simultaneously apply to the relevant authorities both in criminal and civil proceedings, i.e. simultaneously file an application for initiating a criminal case against the guilty person and at the same time file a claim for the protection of honor, dignity and business reputation. Although personally I would simply apply to the world court with a statement to initiate a criminal case (at the place of its commission), and then in court I would also file a claim for compensation for moral damage, going to two trials in one case - I think this is redundant . That's when a criminal case, or rather, its result, does not suit you, you can apply in a civil manner. According to part 2 of Art. 20 Code of Criminal Procedure of the Russian Federation criminal cases on crimes under Part 1 of Art. 129 of the Criminal Code are considered criminal cases of private prosecution and are initiated only at the request of the victim, his legal representative. Slander infringes on the honor and dignity of the individual. objective side consists of spreading deliberately false information that discredits the honor and dignity of another person or undermines his reputation. The crime is over since the spread of false information. Distribution means the communication of relevant information to at least one person. Distribution can be carried out both in the presence of the victim, and in absentia, in oral, written and other forms (for example, via the Internet). Information must be: 1) deliberately false, 2) discrediting the honor and dignity of a person or undermining his reputation. A mandatory sign of slander is knowledge, which is understood as the exact knowledge of a person about the falsity of information. In case of a conscientious delusion of a person regarding the truthful nature of the information, one cannot speak of knowingness. The subject of the crime is a person who has reached the age of 16 years.

Maxim Lepin

After the audit, 90 thousand were not enough, they blame me. But I didn’t take them .. how to prove that I’m not a thief. The first revision showed 67 thousand, a week later there was another revision and it turned out 90 thousand. they say that I took them because I have only been working with them for 7 months, but I did not take this money. we have small city how to prove that it’s not me :-(otherwise they won’t hire me for any other job !!! I work for a private entrepreneur, I’m not officially employed. I’m afraid :-(

apply to the court with a statement of libel, with a demand for the protection of honor, dignity and business reputation, shake off the dough in moderation from them. And let the owners turn to the police with a statement about the theft if they want to find the criminal, or they will hide and keep quiet.

Kristina?kovaleva

Good afternoon! How to deal with a slanderer?

Fedor Marynchuk

The biased attitude of the boss .. My girlfriend complained to me that at work her boss regularly insults, humiliates (and in the presence of witnesses), and recently demoted her. She also makes unreasonable threats of dismissal. According to mine, she does not want to listen to anything, and allegedly covers up all her antics with her husband, a police officer. Advise on what laws to follow in order to besiege her boss? Is there a violation of the Constitution on her part? What to do if this policeman husband of hers threatens someone (so that he, as a police officer, is also punished)? Thank you in advance.

Lawyer's response:
as the saying goes: you can't sew words to deeds. Everything needs to be backed up with evidence. First of all, these are documents (demotion on the basis of what?). Next, give your girlfriend a voice recorder, all insults, humiliations and threats can be recorded (Article 77 of the Civil Code of the Russian Federation audio-video recordings, as evidence are accepted by the court). The claim for the protection of honor, dignity and business reputation. Of course, you can invite colleagues as witnesses, but I doubt that anyone will go against the authorities, even if your girlfriend is treated very well. And I think you should not pay attention to your husband-policeman! If the real threat or blackmail is video, we take audio recordings and go straight first to his leadership, and preferably to the prosecutor's office - exceeding official powers or the use of the latter for personal purposes. Or maybe just think about moving to another job?

Georgy Oshmarov

what to do with an employee who constantly writes unreasonable "slander" at me. The boss has already called more than once .. The boss called, said that he was tired, he would fine the same. But there is no fault on my part.

Lawyer's response:
about an employee. next time, let her argue and prove her reports, or as she calls them. otherwise, you have every right to file a lawsuit in court for the protection of honor, dignity and business reputation. about the boss. before imposing a disciplinary sanction on an employee, provided for by the Labor Code of the Russian Federation, it is necessary, at a minimum, to take an explanation from the employee. and no penalty can be imposed without a minimum internal misconduct proceeding. bring to the attention of your boss that the Labor Code of the Russian Federation does not provide for this type of disciplinary action like a penalty.

Petr Orfeev

What prevents Yanukovych and his associates from the Russian Community of Ukraine?

On April 12, the Chairman of the Russian Community of Ukraine Shurov K.V. received a summons to summon in civil case 2/756/1536/13, 756/1751/13 to the Obolonsky District People's Court of Kyiv on the suit of Vadim Vasilyevich Kolesnichenko against Shurov...

Pavel Makogognenko

Extortion? IP, without proving the guilt of the employee and not determining the amount of damage, fired him for a shortage and demands money from him. Extortion? The individual entrepreneur, without proving the guilt of the employee and not determining the amount of damage, dismissed him for a shortage and demands money from him. the damage has not been documented;

Lawyer's response:
Extortion is the Criminal Code of the Russian Federation. Do you have a labor dispute? And dismissal for absenteeism (according to documents), and not for shortage. In other words, "this cannot be sewn to your Cause." Accordingly, if it’s so important to you, you file other lawsuits: An extortion lawsuit (Criminal Code of the Russian Federation). In writing, he does not threaten you, which means with the involvement of witnesses. And a claim for the protection of honor, dignity and business reputation (art. On libel - the Code of Administrative Offenses of the Russian Federation). Term - 2 months. Whom will you involve as witnesses: the appellate judges, the secretary and the prosecutor? :-) Or are the accusations recorded in the protocol?

Evgeny Pyatiletkin

Is it possible to just come to a restaurant and ask to see the CCTV footage? And if you come and bribe? It's just that my dad is going to. I tell him that they won't show him. He wants to bribe

Lawyer's response:
Since the question is incomplete and not precise (sorry, not correct), it seems possible to answer it as follows (in an arbitrary form) . 1) Recordings of CCTV cameras are the private property of the owners of these cameras. 2) Exceptions are cases provided for in Art. 152.1 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation, postscript: I act only in this legal field). In particular, Article 152.1 of the Civil Code of the Russian Federation provides that the publication and further use of the image of a citizen (including his photograph, as well as video recordings or works of fine art in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where: 1) the use of the image is carried out in the state, public or other public interests; 2) the image of a citizen was obtained during shooting, which is carried out in places open to free access, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except when such an image is the main subject use; 3) the citizen posed for a fee. Thus, if you do not carry out your actions in the field of Art. 152.1 of the Civil Code of the Russian Federation and are not a law enforcement officer acting within the limits of the granted official authority, according to you, you must be guided by Art. 152.1 of the Civil Code of the Russian Federation. Otherwise, if you received someone else's image and used it not in the interests of the copyright holder, then the latter may file a lawsuit against you for the protection of honor, dignity and business reputation, depending on the severity of the consequences that have occurred or regardless of such dependence. 3) The method and amount of compensation for non-pecuniary damage is determined according to the rules established by Art. 1101 of the Civil Code of the Russian Federation and the Decree of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 No. 10 "Some questions of the application of legislation on compensation for moral damage."

Vera Alekseeva

Evidence in the case of protection of honor, dignity and business reputation .. In your opinion, written materials confirming the fact of the dissemination of untrue, discrediting information (for example, the defendant's personal correspondence, official characteristics, etc.) are written or material evidence.

Probably, it will be material evidence in writing.

Pavel Udobin

The former employer unsubstantiated everywhere and tells everyone that I stole money from him. Will the court accept a libel suit?

Well, then it’s not “slander”, but “protection of honor, dignity and business reputation”. Chezh will not accept? accept. only need to prove the fact of distribution.

Alexandra Nikolaeva

I know that there is an article where a fine or correctional labor is provided for rudeness, and who really faced the fact that. Was there a trial for this?

These are dead articles. They never get to court. Yesterday Medvedev signed a decree under which this article has lost its legal force. Now the insult falls under the jurisdiction of civil proceedings. On the protection of honor, dignity and business reputation.

Evgenia Alexandrova

how to stop gossip?. A friend works in a large mall and suddenly she finds out that one of the employees tells publicly (in the dining room) that she was walking around the store drunk after work (“well, just no”), how to stop the gossip, where and to whom to turn?

Lawyer's response:
Slander and insult are crimes committed with direct intent: the distributor deliberately acts, wishing to discredit or insult a person, realizing the social danger of his actions. In case of slander, the person who disseminates defamatory information knows in advance (knowingly) that it is false, but despite this, consciously wishes and takes all possible measures to disseminate it, while understanding what damage this information can cause to the victim; desires the onset of a criminal result - the restoration of public opinion against the person involved in the disseminated message. For slander, the form of expression of fabrications does not matter. Slander can be both acceptable and indecent. Insults are characterized by indecent form. It can be inflicted both in verbal form (verbally) and by committing obscene acts. Insult, as a rule, causes personal offense to the victim and may not be accompanied by a change in public opinion regarding him. If the dissemination of information contains only a negative assessment of a person or some of its individual qualities, but does not contain indications of a specific fact or circumstance, then the dissemination of such information is considered an insult. If the disseminated message contains indications of the specific circumstances of the unseemly act allegedly committed by the defendant (and in your case, being drunk at the workplace), if this information is not proven, they are considered as slander. Norm Art. 151 of the Civil Code of the Russian Federation establishes the right of a citizen to compensation for moral damage. However, paragraph 7 of the next article 152 of the Civil Code of the Russian Federation states that the rules on protecting the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity. Given that the right to compensation for non-pecuniary damage is one of these rules, it turns out that such a right to claim and entity. FEATURES OF CIVIL_LEGAL PROTECTION OF HONOR, Dignity AND BUSINESS REPUTATION: - the limitation period will not apply to the requirement to protect personal non-property benefits (i.e., they can be presented at any time after publication); - the law places the burden of proving the fact that the disseminated information is true, on the defendant (i.e., on the distributor); - compensation for moral damage is carried out regardless of the fault of the tortfeasor, in cases where the damage was caused by the dissemination of information discrediting honor, dignity and business reputation (Article 1100 of the Civil Code of the Russian Federation). SIGNS OF THE OFFENSE ESTABLISHED BY ART. 152 of the Civil Code of the Russian Federation: - the fact of distribution; - information is disseminated; - information that does not correspond to reality; - the information relates to the plaintiff; - information is discrediting. The absence of at least one of these signs indicates that the actions of the distributor do not constitute an offense under Art. 152 of the Civil Code of the Russian Federation (i.e., there are grounds for refusing to satisfy the plaintiff's claim).

Larisa Tarasova

The company refused to hire a person: allegedly a "leftist" diploma. How did it happen - we studied with her at the university

Lawyer's response:
Most likely the company is "leftist". If you want to work there, try to get a certificate (absurd, of course!) from a university specifically for the company. If there are excuses again, then most likely they just "muddle", In this case better company forget this one. But if you want to "annoy" them all the same, sue them under Art. 152 of the Civil Code of the Russian Federation (Protection of honor, dignity and business reputation). First take care of the evidence of defamatory information from the company. The fact that the company claims unfoundedly about your diploma in the presence of someone is nothing more than information discrediting your reputation. If you have any evidence of these statements (a written answer, witnesses, and finally an audio or video recording of the conversation will do), then the company will have to prove their inconsistency, and if your diploma is real (which I have no doubt!), then you, most likely you will win. But still, it's not worth working there ...

Anna Sorokina

Alimony ... help .... It happened ... dispersed .. there is a son. The court awarded alimony... 25% of the income. I am an individual entrepreneur... income is not always stable, I work under a simplified taxation system. I pay UTII. . the bailiff counts alimony as a non-working 5700r. HOW SHOULD IT BE? Help me figure it out ... I don’t leave my son ... I help in addition to alimony. But the ex-wife wants, she just wants my blood .. help me, gentlemen, with advice.

Lawyer's response:
To begin with - simplified or UTII? These are different things. The fact that you are an IP is SIMPLY EXCELLENT. If the bailiff portrays zeal, first we introduce him to the law "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control "- in accordance with it, the bailiff WITHOUT A WRITTEN COMPLAINT FROM THE MOTHER OF THE CHILD does not have the right to check you more often than 1 time in two years. To begin with, we have a nightmare about this - that would be without WRITTEN complaints after which it is quite simple - for each unfounded complaint we file a claim for the protection of honor, dignity and business reputation in relation to the BZ - it heals very quickly.
Civil Code of the Russian Federation "Protection of honor, dignity and business reputation of a citizen". And let your Shapoklyak talk with brave people in uniform about this. I think she will get tired of acting like this very quickly.

Alina Smirnova

insult on the phone (terrible mate). Calls at night. Can a person be held accountable? question for lawyers. how to legally stop this mess. Thanks.

Lawyer's response:
You have the right to protect your honor, dignity and business reputation and nothing more... you can contact the police, the application will be accepted, but they will refuse to initiate a criminal case due to the lack of corpus delicti. It is possible with a lawsuit in court - but even here there is no chance due to lack of evidence. Even a recording of telephone rudeness will not be accepted by the court as legally obtained evidence, because the court did not authorize such a recording. However, it is unlikely that moral damage will be proved ...
- Lawyer's response:
  for breaking his nose] [Chapter 16] [Article 116] 1. Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, - shall be punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months. 2. The same acts committed: a) with hooligan motives; b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group, - shall be punishable by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to two years. 2In the constitution of the Russian Federation it is written All are equal, regardless of race, sex, religion, and so on. Nothing will be said just for what you broke into him and also about the insult Article 20.1. Petty hooliganism [Code of the Russian Federation on Administrative Offenses] [Chapter 20] [Article 20.1] 1. Petty hooliganism, that is, a violation public order expressing clear disrespect for society, accompanied by obscene language in in public places, insulting harassment of citizens, as well as the destruction or damage to someone else's property - shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for a term of up to fifteen days. 2. The same actions, involving disobedience to the lawful demand of a representative of the authorities or another person performing the duties of protecting public order or suppressing a violation of public order - fifteen days. 3 Article 152. Protection of honor, dignity and business reputation [Civil Code of the Russian Federation] [Chapter 8] [Article 152] they are true. At the request of interested persons, the protection of the honor and dignity of a citizen is allowed even after his death. 2. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the mass media, they must be refuted in the same mass media. If the specified information is contained in a document emanating from the organization, such a document is subject to replacement or revocation. The order of refutation in other cases is established by the court. 3. A citizen in respect of whom information infringing on his rights or legally protected interests has been published by the media has the right to publish his response in the same media. 4. If the court decision is not executed, the court has the right to impose a fine on the violator, collected in the amount and in the manner prescribed by the procedural legislation, to the income of the Russian Federation. Payment of the fine does not release the violator from the obligation to perform the action stipulated by the court decision. 5. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with the refutation of such information, has the right to demand compensation for losses and moral damage caused by their dissemination. 6. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with an application
  Nikita Berdyshov
  Who has experience with media lawsuits? Is the collection only from the program, or from the authors too? Plenum of the Supreme Court clarified that. the authors in such cases are also defendants, but I have never seen in the press the information that they also exacted from the authors. They write about the recovery from the publication, the company.
  - Lawyer's response:
    It seems to me that the Supreme Court fully and definitely resolved this issue: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3 of February 24, 2005 "On judicial practice on cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" information was disseminated in the media, then the proper defendants are the author and the editors of the relevant media If this information was disseminated in the media with an indication of the person who is its source, then this person is also the proper defendant. untrue defamatory information without indicating the name of the author (for example, in an editorial) the appropriate defendant in the case is the editorial office of the relevant mass media, that is, an organization, individual or group individuals those engaged in the production and release of this mass media (Part 9 of Article 2 of the Law of the Russian Federation "On Mass Media"). If the editorial office of a mass media outlet is not a legal entity, the founder of this mass media outlet may be involved as a defendant in the case. If the plaintiff makes demands against one of the proper defendants, who jointly disseminated defamatory information that does not correspond to reality, the court has the right to involve the co-defendant in the case only if it is impossible to consider the case without his participation (Article 40 of the Civil Procedure Code of the Russian Federation).
    - there are articles: protection of honor, dignity and business reputation, Art. 152 of the Civil Code of the Russian Federation compensation for non-pecuniary damage, art. 151, 1099-1101 of the Civil Code of the Russian Federation

They are inseparable benefits of the individual. Citizens also have a business reputation. It is formed in the course of their implementation 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 it 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 should be noted 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.

findings

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 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 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. Legal assessment 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 may be caused by the loss of relatives, the inability to continue to actively participate in social life, loss of a job, temporary restriction / deprivation of liberty, disclosure of family), 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:

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.
For the dissemination of information that denigrates the subject, regardless of the fault of the tortfeasor.
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 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 various 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. This is primarily due to the lack of a clear regulation relations in 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 lawyer for civil affairs has experience in defending the interests of a person violated by traditional means, 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, it is not enough to declare 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 those that do not have paper forms resources. 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.

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