Humiliation of honor and dignity of the Civil Code of the Russian Federation. How is the protection of honor, dignity and business reputation

In the main international legal acts, the content of which concerns human rights, it is said that each person is the highest value. People in such documents are designated as beings endowed with reason, certain feelings, and will. As they say, the realization that a person has the highest value leads to the fact that society develops and evolves. In other words, the provision by the state of proper protection of dignity and honor guarantees the normal development of all social systems of the country.

Such concepts as dignity, business reputation and honor? enshrined in some international acts. One of the main among them is the Declaration of Human Rights, which was adopted in 1948 at one of the meetings of the UN General Assembly.

General concept of honor

What is honor? Such a concept is not given in the norms of laws in force on the territory of the Russian Federation. However, it is well known to everyone. In the simplest sense, honor is the assessment of a particular person from the point of view of society. In other words, it is customary to call honor all the worthy moral qualities of a person, as well as a set of his fundamental principles. In some sources, this concept is interpreted as an integral part of the personality, expressed in a person's feelings for himself.

Dignity

The concept of dignity is also not disclosed in the normative acts of the Russian Federation as such, however, it is often found in the norms of civil, criminal legislation and in other areas of application of law. Dignity is a person's assessment of his own moral or business qualities. The laws of different countries say that dignity, like honor, is an integral part of any person on the planet.

In the legal environment, such a concept is often used in relation to legal entities, which can be both enterprises and institutions or organizations of different forms of ownership.

Business reputation

In legal practice, this concept is applied to both individuals and enterprises, as well as organizations. It is a benefit of an intangible nature, expressed in the public's assessment of a person's activities. Instead of an individual, there may also be the use of the concept of a community of persons - in this case, this designation can only be used in relation to enterprises, organizations or institutions of various forms of ownership.

Under the concept of business reputation, society understands the reliability of all kinds of business qualities of an organization.

Reflection of concepts in international law

All three of the above concepts are widely used in regulations issued for use in the international arena. In particular, they are disclosed in such a document as the Convention for the Protection of Human Rights. It is on the basis of Article 41 of this legal act that articles have been created in the civil legislation of the Russian Federation regarding the payment of a payment to a party that has suffered moral damage. On the basis of this Convention, not only the dignity and honor of a citizen is protected, but also the normative acts that refer to such a concept are interpreted.

In addition to the Convention for the Protection of Human Rights, the concepts of protecting honor and dignity are perfectly revealed in the European Convention for the Protection of Human Rights and Fundamental Freedoms. The text of the International Covenant on Economic, Social and Cultural Rights also indirectly mentions these concepts.

Reflection of concepts in Russian legislation

Judicial protection of honor and dignity in Russia is carried out on the basis of the Civil Code of the Russian Federation. On the basis of Article 152 of this normative act, each natural or legal person may demand from other persons that all information about him be reproduced solely on the basis of reliable facts, which ensures that the external moral assessment corresponds to reality.

In addition to Article 152 of the Civil Code of the Russian Federation, the protection of the dignity and honor of a citizen and a person is also carried out on the basis of other sections and articles. An example of this is the possibility of restoring honor in the process of establishing in court the groundlessness of an accusation of plagiarism. In criminal law, a variant of this can also be the punishment of a person who is guilty of spreading false information about another person, dishonoring his honor and dignity.

Civil law protection of dignity and honor

Most often, this process is carried out through the conduct of civil proceedings. If it is necessary to protect such factors, a person whose honor and dignity have been infringed can visit the court with a statement of claim, in which the problem should be stated on the merits. After a duly drawn up application is accepted, proceedings are opened in court and proceedings begin with the summons of the plaintiff, defendant, witnesses and third parties. In the process of considering civil cases, the judge makes a certain decision, as a result of which the applicant's claims may be satisfied or a refusal may be submitted. In the event that the plaintiff or defendant remains dissatisfied with the results of the case, they have the right to apply for a review of the decision to a higher court of appeal.

The legislation of Russia states that in the course of civil proceedings it is possible to protect the honor, dignity and reputation of both individuals and legal entities. The main purpose of such a process is the fact of restoration of the non-property interest of the plaintiff

Criminal law protection of dignity and honor

In this form, the protection of human rights is carried out only in those situations that contain the elements of a crime provided for by the articles of criminal law. An example of such can be slander and insulting citizens (the composition of such crimes is provided for in articles 129 and 130 of the Criminal Code of the Russian Federation). The legislator provides for such acts precisely as criminal liability, since slander and insults are carried out solely through the person’s own fault, often such acts have an intentional form of guilt.

The criminal legal protection of dignity and honor in court begins with the fact of a private accusation, however, the legislator also provides that proceedings on such a circumstance can only be opened against a person who may be criminally liable. In contrast to the civil protection of the honor and dignity of a person, in the criminal procedure, such concepts are protected exclusively in relation to people.

With regard to the purpose of criminal law protection, it is to punish the person guilty of a crime. Moreover, if we compare such forms of causing moral damage as insult and slander, then the first of them entails a more serious responsibility than the second.

Who can be a plaintiff in such cases

Applications for the protection of dignity, honor and business reputation can be submitted by citizens who are endowed with legal capacity. Those who have reached the age of 18 are recognized as capable persons.

As for legal entities, they can also be plaintiffs in civil cases for the protection of honor and dignity. In this case, representatives of an enterprise, institution or organization that is authorized to deal with legal issues can submit an application to the court.

The right to protection of honor and dignity can also be used by minors. In the event that their rights and legitimate interests have been violated, their legal representatives can deal with their protection. The legislator provides for a complete list of persons who can be plaintiffs in court on behalf of a minor. These may be his parents or duly appointed guardians, custodians or the local prosecutor.

In the judicial practice of protecting dignity and honor, there are often situations when this action was carried out in relation to a deceased person or a legal entity that ceased to exist. If it is necessary to restore them, an application to the court can be submitted by the heir of the deceased person or the legal successor of the legal entity. It is in this way that the legislator implies that the continuation of the right to protect the honor and dignity of a person remains with him even after his death. The same applies to enterprises, institutions and organizations.

Who can be a defendant in a case

In cases relating to the protection of honor and dignity, as well as business reputation, both individuals and legal entities can be defendants. In this case, it is important to find out who is guilty of infringing on the honor and dignity of another person or organization. Depending on this, the defendant in the case may be both, for example, the press organization as a whole, which published the article with false information containing slander, and its author himself. In the case of a printed publication, a legal entity will be held liable only when the author remains under a pseudonym.

During the trial, both the plaintiff and the defendant face the same task: to convince the court that they are right, that is, that the information provided by them is true. Based on the arguments provided, the court decides whether the declared fact was really an infringement on the honor, dignity and business reputation of a person or legal entity.

Arbitrage practice

Currently, in the practice of courts, there are more and more cases in which the subject of the proceedings is infringed honor and dignity, as well as business reputation. As statistics show, the most frequent defendants in such cases are printed publications that publish articles about certain people. As a result of considering such cases, the court very often decides to satisfy the plaintiff's claims, as a result of which the publication is obliged to write a refutation of the information provided earlier, as well as pay monetary compensation in a certain amount.

Statistics show that religious organizations, as well as citizens whose non-material benefits have been infringed on religious grounds, very rarely go to court with questions regarding the protection of honor and dignity. Experts in the field of jurisprudence report that this is happening only because the population of Russia is poorly aware of the possibility of their protection in court, and not because there are no infringements. According to many of them, this is happening only because the doctrine of freedom of religion and conscience remains insufficiently developed at the present time.

In the judicial practice of protecting honor and dignity, there are a considerable number of cases, the subject of which is the infringement of such intangible benefits in social networks and other Internet spaces. It is often in this way that unscrupulous competitors damage the business reputation of legal entities of various kinds. However, as statistics show, in this case, violators remain practically unpunished. This is due to some features of the legislation, which provides for punishment for such violations in the media. Normative legal acts also offer an interpretation of the concept of mass media, which states that this medium must have a permanent name and periodicity of publication. In addition to the fact that this factor is not characteristic of many sources on the Web, it is far from always possible to establish the name of the offender who could carry out slander or slander under a fictitious pseudonym. In practice, it can be seen that only a highly qualified lawyer can adequately defend the honor of his client in a lawsuit, but even in this case, violators cannot be punished in full.

What you need to present to the court to protect your intangible benefits

Despite the fact that in the current legislation of the state there is no clear concept of honor, dignity and business reputation, this does not at all prevent their judicial protection in practice.

So, for the production of judicial protection of honor, dignity and business reputation, the presence of a single factor is necessary - an encroachment on such personal non-property benefits from the outside. In other words, the injured person is obliged to present to the court all materials that testify to this fact. If possible, they should be supported by substantial witness statements, as well as documentary sources or, for example, extracts from the publications in which the slander was published.

The whole essence of the trial in cases of protection of honor, dignity and business reputation consists in proving by both parties that they are right. In these cases, there is such a principle as the presumption of integrity, which means the truthfulness of all the information provided until the court proves otherwise in the course of the proceedings on the merits.

Forensic psychological examination

Often in judicial practice in cases of protecting the honor and dignity of a person, such a type of examination as forensic psychological is used. It is designed to establish the level of moral damage caused due to the fact of belittling the honor and dignity of a person. This procedure is carried out exclusively by professional forensic psychologists.

As part of such activities, it is necessary to find out whether the victim has psychological changes as a result of an encroachment on his honor, dignity and business reputation and whether they are a consequence of this particular event. In addition, it also turns out whether these events caused a psychotraumatic effect and to what extent it is measured. At this stage, specialists may consider the issue of the need to assign material compensation for harm received as a result of a moral shock. In the process of such a study, it is also established whether there was such a consequence as a decrease in self-esteem in a person against whom an encroachment on honor and freedom was committed.

In the process of such an examination, the question is also raised as to whether the created circumstance (for example, the fact of the dissemination of false information about a person) can create an unfavorable background for his reputation, including business.

The results provided by the expert commission are sent to the court for consideration of the case on the merits. As practice shows, on the basis of the data provided and the testimony of witnesses, the court very often makes the main decision. The testimonies given in court by the offender and the victims are also of great importance.

In addition to the submissions of forensic psychological examination, the provided medical reports, certificates, as well as other reporting and settlement documents can also be of significant importance in determining decisions on cases of protection of honor and dignity. All of them must confirm the amount of damage caused, both moral and material - on their basis, the amount due to be paid by the culprit to the injured person can also be formed.

Article 152. Protection of honor, dignity and business reputation

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

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.

The constitutional rights of every citizen are guaranteed the protection of honor, dignity and business reputation, they are protected by the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation. In the Constitution of the Russian Federation, the protection of honor, dignity and business reputation is reflected in Article 23, in the Civil Code in Article 152, the Criminal Code of the Russian Federation in Article 128.1 slander. In case of violation of the human right to the protection of honor, dignity and business reputation, everyone has the right to apply to the court and law enforcement agencies to restore the violated right.
The legislation itself does not give a clear definition of what the protection of honor, dignity and business reputation is. But from practice, one can draw conclusions from what it is, honor, dignity and business reputation, and accordingly draw a conclusion how to protect and what to protect.

Dignity is, first of all, a person's self-esteem

Honor is an assessment on the part of the society of the person himself

Business reputation is the business qualities of a person or legal entity

Violation of human rights to protect honor, dignity and business reputation can be expressed for various reasons:

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. 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, the protection of the honor, dignity and business reputation of a citizen is allowed 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.
The main concept for the protection of honor, dignity and business reputation is the dissemination of information about a person or company that does not correspond to reality.

To restore honor, dignity and business reputation, a person and a company have several ways to restore their right:

Civil law relations (court, claim, etc.)

Public refutation of information that discredits honor, dignity and business reputation

Moral injury

Criminal liability

Compensation or payment of non-pecuniary damage is made in court under Articles 151, 1099, 1101 of the Civil Code of the Russian Federation. To compensate for damage to protect the honor, dignity and business reputation, both a citizen and a legal entity can go to court at any time, since on the basis of Article 208 of the Civil Code of the Russian Federation, there are no deadlines for these actions.

Civil Code Article 208. Claims to which the limitation period does not apply

The limitation period does not apply to:
requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law;
requirements of depositors to the bank for the issuance of deposits;
claims for compensation for harm caused to the life or health of a citizen. However, claims filed after the expiration of three years from the moment the right to compensation for such damage arises are satisfied for the past time for no more than three years preceding the filing of a claim, except for the cases provided for by Federal Law No. 35-FZ of March 6, 2006 "On combating terrorism";
the demands of the owner or other owner to eliminate any violations of his right, even if these violations were not connected with deprivation of possession (Article 304);
other requirements in cases established by law.
The victim may also claim lost profits in connection with information that discredits honor, dignity and business reputation, under Article 15 of the Civil Code of the Russian Federation.
Civil Code of the Russian Federation Article 15. Compensation for damages
1. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.
2. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right had not been violated (lost profit).
If the person who violated the right received income as a result of this, the person whose right was violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income.
In order to restore his violated right in honor, dignity and business reputation, a citizen has the right to apply to law enforcement agencies to initiate a criminal case under Article 128.1 of the Criminal Code of the Russian Federation and bring the perpetrators to criminal liability due to slander.

Criminal Code of the Russian Federation article 128.1. Slander

1. Libel, that is, the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation, - up to one hundred and sixty hours.
2. Libel contained in a public speech, publicly demonstrated work or mass 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 works for a term of up to two hundred and forty hours.
3. Libel committed with the use of one's official position, - shall be punishable by a fine in the amount of up to two 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 two years, or by compulsory labor for a term of up to three hundred and twenty hours.

4. Slander that a person suffers from a disease that poses a danger to others, as well as slander combined with accusing a person of committing a crime of a sexual nature, is punishable by a fine in the amount of up to three million rubles or in the amount of the wage or other income of the up to three years or compulsory works for up to four hundred hours.
5. Libel combined with accusing a person of committing a grave or especially grave crime, Shall be punishable by a fine in the amount of up to five 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 three years, or by compulsory labor for a term of up to 480 hours.
From the above norms it can be seen that the legislator clearly regulates the responsibility and rights to protect honor, dignity and business reputation.

The right to honor, 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 citizen or legal entity (organization), on which their position in society depends. There is an objective and subjective assessment of these qualities, and each of them has the right to exist if it is based on facts that correspond to reality.

Dignity is understood as the self-esteem of the individual, her awareness of her personal qualities, abilities, worldview, duty performed and her social significance. Self-assessment should be based on socially significant criteria for assessing the moral and other qualities of a person. Dignity determines the subjective assessment of the individual.

Honor is an objective assessment of the individual, which determines the attitude of society towards a citizen or legal entity, it is a social assessment of the moral and other qualities of an individual.

Reputation is the prevailing opinion about a person, based on an assessment of his socially significant qualities. Business reputation - assessment of professional qualities.

The current Civil Code establishes a special civil law method for protecting honor, dignity and business reputation, while distinguishing between the grounds and methods for protecting the violated rights of a citizen, on the one hand, and a legal entity, on the other.

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 they are true (paragraph 1 of article 152 of the Civil Code). From the content of Art. 152 of the Civil Code, it follows that this refers to the refutation by the court of such information that:

1) discredit the honor and dignity of a citizen;
2) distributed by the respondent;
3) are not true.

In the resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues that arose during the consideration by the courts of cases on the protection of the honor and dignity of citizens and organizations" dated August 18, 1992 No. 11, it is explained what is meant by each of the listed conditions.

Discrediting are such untrue information containing allegations of a violation by a citizen of the current legislation or moral principles (about committing a dishonest act, misbehavior in the workforce, everyday life and other information that discredits production and social activities, reputation, etc.) that detract from his honor and dignity.

The dissemination of information discrediting the honor and dignity of citizens should be understood as the publication of such information in the press, broadcast on radio and television and video programs, demonstration in newsreel programs and other media, presentation in court references, public speeches, statements addressed to officials, or a message in another, including oral, form to several persons or at least one person. Communication of such information only to the person whom it concerns cannot be recognized as dissemination thereof.

Article 152 of the Civil Code establishes a special procedure for refuting discrediting information that has been circulated in the media: a refutation must follow in the same media. In accordance with Art. 152 of the Civil Code does not consider the requirements for the refutation of information contained in court decisions and sentences, decisions of the preliminary investigation bodies and other official documents, for which the law establishes a different procedure for appealing.

When considering in court a case on the protection of honor and dignity, the plaintiff proves only the very fact of dissemination of discrediting information by the person against whom the claim is brought. The duty to prove the validity of the disseminated information rests with the defendant. With facts that correspond to reality, a citizen denigrates himself and in this case he has no one to defend himself from.

A special procedure has also been established to refute the information contained in a document emanating from an organization: such a document is subject to replacement. For example, an entry in the Labor Book about dismissal for a systematic violation of labor discipline was recognized by the court as not corresponding to reality; in this case, the employee has the right to demand the replacement of the work book without making a discrediting entry in it.

The procedure for refutation in other cases is established by the court, taking into account the manner in which the discrediting information was disseminated.

According to paragraph 3 of Art. 152 of the Civil Code, a citizen in respect of whom the media published information that infringes on his rights or interests protected by law, has the right to publish his answer in the same media. It seems that a citizen has the right to retort both in those cases where the published information does not in itself discredit him, and in those cases where they contain information discrediting the citizen.

Defendants in claims to refute information discrediting honor and dignity are the persons who disseminated this information. If the claim contains a requirement to refute the information disseminated in the mass media, the author and the editorial office of the relevant mass media are involved as defendants. When publishing or otherwise distributing such information without indicating the name of the author (for example, in an editorial), the defendant in the case is the editorial office of the corresponding mass media. Thus, the Viturid Plus Limited Liability Company filed a lawsuit with the Moscow City Arbitration Court against the Medicinskaya Gazeta Closed Joint-Stock Company to refute the information discrediting its business reputation contained in the information Viturid is not good. 02/12/97 N 12). By a decision of 04/15/97, the court ordered the editorial office of the Medical Newspaper to publish on the front page of the newspaper a refutation of the information before 05/15/97: "Viturid is not good. The point is set," as well as the phrase: "... Pharmacopoeial and Pharmacological committees refuse to recommend it for registration."

If the editorial office of a mass medium is not a legal entity, the founder of this mass medium must be involved as a defendant in the case.

In claims for the refutation of discrediting information set forth in service characteristics, the defendants are the persons who signed them, and the enterprise, institution, organization on behalf of which the characteristic was issued.

If the actions of a person who has disseminated information discrediting another person contain signs of a crime, the victim has the right to apply to the court to bring the perpetrator to criminal liability, as well as file a claim for the protection of honor and dignity in civil proceedings.

If it is impossible to identify the person who disseminated information that discredits 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 for recognition of the disseminated information as untrue (clause 6 of article 152 of the Civil Code).

When filing a claim for the protection of honor and dignity, the law does not provide for the obligatory preliminary filing of such a claim against the defendant, including in the case when the claim is brought against the mass media that disseminated information that, in the opinion of the claimant, unreasonably discredits his honor, dignity or business reputation.

If a claim is filed in connection with the refusal of the mass media to publish a refutation or a response of a discredited person, then this requirement may be considered by the court, provided that the editorial office of the mass media refused to publish such publication or did not produce it in the manner prescribed by law.

If the court decision is not carried out, the court has the right to impose a fine on the violator in the amount and in the manner prescribed by the procedural legislation.

Paragraph 2 of Art. 150 of the Civil Code provides for the possibility of using any method named in Art. 12 of the Civil Code, as well as other methods established by the Code and other laws, if only the nature of the violated intangible benefit and the nature of the consequences of this violation allow such protection.

In accordance with paragraph 5 of Art. 152 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 refutation of such information, to demand compensation for losses and moral damage caused by their dissemination.

Paragraph 7 of Art. 152 of the Civil Code provides that the rules on the protection of the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity. This means that a legal entity has the right to demand a refutation of information discrediting its business reputation that does not correspond to reality, has the right to publish a response in the media and to establish in court the fact that widespread discrediting information does not correspond to reality, as well as to compensate for what has been caused in connection with encroachments on business reputation for property damage.

With regard to compensation for moral damage, Art. 151 of the Civil Code, this issue is settled only in relation to violations of the rights of citizens. Since legal entities cannot experience physical and moral suffering, most scientists are inclined to a reasonable conclusion that moral harm has been caused to legal entities, cannot be, and therefore cannot be compensated, it simply does not exist. At the same time, the above does not mean at all that the employees of a legal entity are not entitled to demand compensation for the moral damage caused to them, for example, if information about the legal entity that does not correspond to reality is personified with specific individuals.

In accordance with Art. 23 of the Constitution of the Russian Federation, everyone has the right to protect their honor and good name. The Plenum of the Supreme Court of the Russian Federation, in its resolution of February 24, 2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”, draws the attention of the courts to the fact that the right of citizens to protect honor, dignity and business reputation is their constitutional right, and the business reputation of legal entities is one of the conditions for their successful activities.

Article 1274 of the Civil Code of the Russian Federation establishes the possibility of creating a parody or caricature without the consent of the author or other owner of the exclusive right to the original work and without paying him remuneration. If a parody or caricature defames the honor, dignity or business reputation of the author of the original work, he has the right to defend them in the manner prescribed by Art. 152 of the Civil Code of the Russian Federation.

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. telecommunications, presentation in official 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. The information contained in judicial decisions and sentences, decisions of the preliminary investigation bodies and other procedural or other official documents, for appeal and contestation of which is provided for by another judicial procedure established by laws, cannot be considered as untrue (for example, they cannot be refuted in accordance with Art. 152 of the Civil Code of the Russian Federation, the information set out in the dismissal order, 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 of the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, bad faith or the implementation of production, economic and entrepreneurial activities, violation of business ethics or customs which detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

The legal basis when considering issues of protecting honor, dignity and business reputation, in addition to Art. 152 of the Civil Code of the Russian Federation is Art. 1 of the Federal Law of March 30, 1998 No. 54-FZ “On the Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols”, the legal position of the EMSP, expressed in resolutions and relating to the interpretation and application of the Convention (primarily sec. 10), bearing in mind that the concept of defamation used by the ESG1Ch in its judgments is identical to the concept of the dissemination of defamatory information that does not correspond to reality, contained in Art. 152 of the Civil Code of the Russian Federation.

The legislation provides for cases of exemption from liability for the dissemination of inaccurate defamatory information. The list of such cases is enshrined in Art. 57 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media”, is exhaustive and is not subject to broad interpretation. For example, the reference of media representatives to the fact that the publication is an advertising material cannot serve as a basis for exemption from liability. By virtue of Art. 36 of the Law, the distribution of advertising in the media is carried out in the manner prescribed by the legislation of the Russian Federation on advertising. According to Art. 1 of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising”, the objectives of this Law are the development of markets for goods, works and services based on the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, exercising the right of consumers to receive fair and reliable advertising , creating favorable conditions for the production and distribution of social advertising, preventing violations of the legislation of the Russian Federation on advertising, as well as suppressing the facts of inappropriate advertising.