Protection of business reputation, honor and dignity. Protection of honor, dignity and business reputation of dignity and business reputation

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

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

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

Dignity - the reflection of his qualities in his own consciousness accompanied by a positive assessment of the face; Self-assessment of the personality of their personal qualities, abilities, worldview, accomplished debt and their social importance.

Under the business reputation of a citizen who is not an individual entrepreneur is understood as a citizen acquired public assessment of his business and professional qualities in the fulfillment of labor, service and public duties.

Under the business reputation of a legal entity and an individual entrepreneur, an assessment of their economic (economic) activities, as participants in economic (economic) legal relations with other participants in the property turnover and citizens, such not been (paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 23, 1999 №15 "On the practice of consideration by civil cases about the protection of honor, dignity and business reputation").

According to paragraph 1 of Article 153, a citizen is entitled to demand the refutation of information that flashes his honor, dignity or business reputation, if the disseminating such information does not prove that they correspond to reality.

Consequently, for the occurrence of the right to protection requires three conditions:

a) information must be necessarily distributed;

b) information must be broken;

c) information must be not appropriate.

What is understood under each of these conditions, clarified in the relevant resolutions of the Plenums of the Supreme Court

and the Higher Economic Court of the Republic of Belarus.

Responsibility for the dissemination of such information comes regardless of the guilt of the person who spreads them.

The main way to protect the honor, dignity and business reputation is to refute the discrepancies.

A controlled subject (plaintiff) according to the requirements for the protection of honor, dignity and business reputation is the person about which disseminated information is common. Judicial practice comes from the fact that such requirements can also declare the relatives of this person if the specified information directly or indirectly deteriorates to their honor and dignity (clause 10 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

The obligatory subject (defendant) for the requirements of the protection of honor, dignity and business reputation is a person spreading dischargeable information. According to the requirements for refuting the information common through the media (published in the press, reported on radio, television), as the responders are attracted both by the author and the body of the media (eg, the editorial office of the newspaper, magazine, information agency, publishing house) . When such information is published (or distributed in other ways) without the designation name of the author (for example, in the editorial article), the respondent recognizes the relevant body of the mass media. If the information was reproduced by them from official messages, speeches going to ether, or obtained from information agencies, then in relation to Article 63 of the Code of Civil Procedure and, accordingly, Article 41 of the CPC, a body or person who served as the source of such information should be involved. It is on them that they assume the obligation to prove the correspondence of the reality of common information.

The Civil Code does not contain a general list of ways to refute information that is disrupted. It indicates only two situations: a) if the information is distributed in the media, they must be refuted in the same media; b) If the information is set forth in the document coming from the organization, such a document is subject to replacement or review. The procedure for refutation in other cases is established by the court. Since the essence of civil law protection, the dignity and business reputation is to rehabilitate, restoring the good name of the person, the refutation method must be elected such that it becomes known to all persons, among whom disclose information has been distributed.

Defining the method of refutation, the court under Article 37 of the Law of the Republic of Belarus "On the Printing and other Mass Media" can oblige a editors (publisher) Publish the refutation in a special category or in the same place of the band as the refuted message or material, in the same volume and the same font.

On radio and television, the refutation must be transmitted at the same time day and in the same transmission as the refuted messages or the material.

1) in the media overlooking

(on the air) at least once a week, - no later than ten days from the date of receipt of the requirement of refutation or its text;

2) in other media - in the next issue.

Editing the text of the text of the text of the decision or comment on it, which in content dispute the decision, is not allowed (paragraph 16 of the Resolution of the Plenum of the Supreme Court of December 23, 1999 No. 15).

By virtue of paragraph 5 of Article 153 of the Citizen, a citizen, in respect of whom the information disseminated to his honor, dignity or business reputation is entitled, along with the requirement of refuting such information, to demand compensation for moral damage.

In accordance with paragraph 3 of Article.969 of the Civil Code, compensation for moral damage caused by the dissemination of information that is disrupted, the dignity or business reputation of a citizen is carried out independently of the guilt of the damage of harm in monetary form (clause 1 of Article 970 of the Civil Code).

Exam on the lawyer

Question 84. Protection of honor, dignity, business reputation. Distribution of the burden of proof. Protection of honor, dignity and business reputation (Art. 152 GK)

Question 84. Protection of honor, dignity, business reputation. Distribution of the burden of proof. Protection of honor, dignity and business reputation (Art. 152 GK)

A citizen has the right to demand a refutation of his honor, dignity or a business reputation of information, if the information that disseminated such information does not prove that they correspond to reality.

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

If the responsibility of the honor, dignity or business reputation of a citizen is distributed in the media, they must be refuted in the same media.

If the specified information is contained in a document emanating from the organization, such a document is replaced or revoked.

The procedure for refutation in other cases is established by the court.

A citizen in respect of whom the media published information inflict on his rights or protected interests is entitled to publish his response in the same media.

If the court's decision is not fulfilled, the court has the right to impose a fine on the violator, which is charged in the amount and in the manner prescribed by procedural legislation into the income of the Russian Federation. Payment of the fine does not exempt the violators from the obligation to fulfill the action provided for by the decision by decision.

A citizen in respect of whom the information disseminated to his honor, dignity or business reputation is entitled along with the refutation of such information to demand compensation for damages and moral damage caused by their distribution.

If you establish a person who disseminated the information that is disrupted, the dignity or business reputation of a citizen is impossible, a person in respect of which such information is common, has the right to apply to the court with a statement on the recognition of common information that does not correspond to reality.

Rules of Art. 152 GK on the protection of a business reputation of a citizen accordingly apply to the protection of the business reputation of a legal entity.

Burden of proof.

By virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the obligation to prove the compliance of the reality of common information lies on the defendant. The plaintiff is obliged to prove the fact of the dissemination of information to the person to which the claim is presented, as well as the definable nature of these information.

At the same time, based on paragraph 3 of the title article in the case when a citizen, in respect of which the Mass Media, the corresponding reality is published information that inflict on his rights and laws protected by law, challenges the refusal of the media to publish his response to this publication, the claimant must prove that the common information is infringed by his rights and protected interests.

In accordance with Article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms and Article 29 of the Constitution of the Russian Federation, guaranteeing each right to freedom of thought and words, as well as to freedom of mass information, the position of the European Court of Human Rights when considering the protection of honor, dignity and business reputation to the courts should be distinguished by the fact of factual statements, the correspondence of the reality of which can be checked, and evaluative judgments, opinions, beliefs that are not subject to judicial protection in accordance with Article 152 of the Civil Code of the Russian Federation, since being an expression of the subjective opinion and the defendant's views can not be tested for compliance with their reality

From the book of the Codex of the Russian Federation on administrative offenses author Laws of the Russian Federation

Article 5. 13. Inspertification of the possibility of publishing a refutation or other explanation in defense of honor, dignity or business reputation failure to end the end of the election campaigning the possibility of publishing (publish) refutation or other

From the book Civil Code of the Russian Federation. Part one author Laws of the Russian Federation

Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand a refutation of the disturbing honor of his honor, dignity or business reputation of information, if the dissemination of such information does not prove that they correspond to reality.

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Article 5.13. Failure to provide an opportunity to publish refutation or other explanation in defense of honor, dignity or business reputation failure to provide an opportunity to publish (publish) refutation or other explanation in defense of honor, dignity or

From the book a reference book for evidence in civil proceedings Author Reshetnikova I.V.

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From the book A collection of existing decisions of the Plenums of the Supreme Courts of the USSR, RSFSR and the Russian Federation for Criminal Affairs author Mihlin and with

3.3. Resolution of the Plenum of the Supreme Court of the Russian Federation "On judicial practice on the protection of honor and dignity of citizens, as well as the business reputation of citizens and legal entities" (1) of February 24, 2005 No. 3 in accordance with Article 23 of the Constitution of the Russian Federation each has

From the book Civil Code of the Russian Federation. Parts first, second, third and fourth. Text with changes and additions on May 10, 2009 Author Collective authors

From the book of the Code of the Russian Federation on Administrative Offenses. Text with changes and additions on November 1, 2009 Author author unknown

Article 5.13. Failure to provide the ability to publish a refutation or other explanation in defense of honor, dignity or business reputation failure to end the ability to publish (publish) refutation or other

From the book Civil Code of the Russian Federation. Parts first, second, third and fourth. Text with changes and additions on November 1, 2009 Author author unknown

Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand a refutation of the disturbing honor of his honor, dignity or business reputation of information, if the dissemination of such information does not prove that they correspond to reality.

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From the book Civil Code of the Russian Federation. Parts first, second, third and fourth. Text with changes and additions on October 21, 2011 Author Collective authors

Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand a refutation of the disturbing honor of his honor, dignity or business reputation of information, if the dissemination of such information does not prove that they correspond to reality.

From the book Civil Code of the Russian Federation Author Garant.

From the book of the Encyclopedia of the Lawyer Author author unknown

From the book by journalistic investigation Author Collective authors

Claims about the protection of honor, dignity and business reputation Article 152 of the Civil Code of the Russian Federation reads: "A citizen has the right to demand a refutation of his disturbances of his honor, dignity or business reputation of information, if the information that disseminated such information does not prove that they correspond to

From the book how and where to write a complaint correctly to defend your rights Author Nerman Vera

Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3 "On judicial practice on the protection of honor and dignity of citizens, as well as a business reputation of citizens and legal entities" in accordance with Article 23 of the Constitution of the Russian Federation, everyone has the right to

From the book of the author

CHAPTER 6. Judicial protection of honor and dignity of citizens, business reputation of legal entities Citizen or the organization has the right to demand a refutation of information that flashes their honor and dignity, a business reputation, if the information that has spread such information does not prove that

From the book of the author

The statement of claim for the protection of honor, dignity and business reputation in _____________________________ District (urban) court ______________________________ _____________________ (_____________________ (Organization name or. About., Address) Respondent: ________________ (Orification name or. Oh. .


Solutions of courts based on the application of the norm of article 152 of the Civil Code of the Russian Federation.

Art. 152 of the Civil Code of the Russian Federation. Protection of honor, dignity and business reputation

Arbitrage practice

    Solution No. 2-687 / 2019 2-687 / 2019 ~ M-484/2019 M-484/2019 dated June 27, 2019 in case number 2-687 / 2019

    ... 3 "On judicial practice on the protection of honor and dignity of citizens, as well as the business reputation of citizens and legal entities" by virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the obligation to prove the correspondence of the validity of common information lies on the defendant. The plaintiff is obliged to prove the fact of the dissemination of information to which the claim is presented, as well as the definite ...
  • Solution No. 2-665 / 2019 2-665 / 2019 ~ M-492/2019 M-492/2019 dated June 26, 2019 in case number 2-665 / 2019

    Norilsk City Court (Krasnoyarsk Territory) - Civil and Administrative

    For a citizen belonging intangible benefits, as well as in other cases provided for by law, the court may impose on a violator of the obligation of monetary compensation of the specified harm item 10 of Art. 152 of the Civil Code of the Russian Federation guarantees judicial protection in cases of dissemination of persons not only information that flashes their honor, dignity or business reputation, but also any information about them, ...

    Solution No. 2-1468 / 2019 2-1468 / 2019 ~ M-1143/2019 M-1143/2019 dated June 26, 2019 in case number 2-1468 / 2019

    Novocheboksar City Court (Chuvash Republic) - Civil and Administrative

    Honor, advantages of citizens, as well as the business reputation of citizens and legal entities, "according to the affairs of this category it is necessary to keep in mind that the circumstances that are due to Art. 152 Civil Code of the Russian Federation The importance to the case to be determined by the court during the trial are: the fact of disseminating the defendant information about the claimant, the defective nature of these information and ...

    Decision number 2158/2019 2-158 / 2019 2-158 / 2019 ~ M-117/2019 M-117/2019 dated June 19, 2019 in case No. 2158/2019

    Klyavlinsky District Court (Samara Region) - Civil and Administrative

    Day He is experiencing severe spiritual experiences, as there is no official refutation. The amount of moral damage compensation is estimated at 350,000 rubles. Referring to the provisions of Articles 150 - 152 of the Civil Code of the Russian Federation, the plaintiff requested the court: 1. To recognize the information spread by Zuykova Zinaida Nikolaevna in appeal to the Chairman of the Political Party Fair Russia (* FULL NAME *) 10, in the network "...

    Decision No. 2-658 / 2019 dated June 18, 2019 in case number 2-658 / 2019

    Anapian District Court (Krasnodar Territory) - Civil and Administrative

    Moral damage is carried out independently of the guilt of the injury in cases where the harm caused by the distribution of information that is disrupted, dignity and business reputation. According to Part 1 of Art. 152 of the Civil Code Citizen is entitled to demand a refutation of his honorable honor, dignity or business reputation of information, if the information that disseminated such information does not prove that they correspond to reality. Refuture ...

    Solution No. 2-413 / 2019 2-413 / 2019 ~ M-372/2019 M-372/2019 dated June 18, 2019 in case number 2-413 / 2019

    Cugarchinsky District Court (Republic of Bashkortostan) - Civil and Administrative

    What use of civil rights protection methods (art. 12) follows from the creature of a violated intangible benefit or personal non-property rights and the nature of the consequences of this violation. According to Art. 152 of the Civil Code Citizen is entitled to demand a refutation of his honorable honor, dignity or business reputation of information, if the information that disseminated such information does not prove that they correspond to reality. Citizen ...

    Solution No. 2-223 / 2019 2-3982 / 2018 dated June 14, 2019 in case number 2-223 / 2019

    Leninsky District Court of Krasnoyarsk (Krasnoyarsk Territory) - Civil and Administrative

    Citizen intangible benefits, as well as in other cases provided for by law, the Court may impose a violator of the duty of monetary compensation of the specified harm. By virtue of paragraph 1 of Art. 152 of the Civil Code Citizen is entitled to demand a refutation of his honorable honor, dignity or business reputation of information, if the information that disseminated such information does not prove that they correspond to reality. Refuture ...

    Solution No. 2-1657 / 2019 2-1657 / 2019 ~ M-1020/2019 M-1020/2019 dated June 13, 2019 in case number 2-1657 / 2019

    Voroshilovsky District Court of Rostov-on-Don (Rostov Region) - Civil and Administrative

    Expressed in his regulations. The right of everyone's right to defend their honor and a good name, as well as the right of judicial protection of honor, dignity and business reputation, established by Articles 23 and 46 of the Constitution of the Russian Federation, as well as established by Article 152 of the Civil Code of the Russian Federation. and...

  • ... your honor and good name. Article 29 of the Constitution of the Russian Federation, everyone is guaranteed freedom of thought and words, as well as freedom of the media. According to Part 5 of Art. 152 of the Russian Federation Citizen, in respect of whom the information disseminated to his honor, dignity or business reputation, is entitled along with the refutation of such information to demand compensation for damages and moral damage, ...

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

Signs of personal non-property rights:

- arise about the intangible goods;

- deprived of economic content;

- closely connected with the identity of their carrier (the content of personal non-property rights largely depends on the individual characteristics of the person who belongs to this right).

Under personal non-property Such subjective rights should be understood that provide a legally secured opportunity to require all obliged persons from any actions that prevent the manifestation and correct assessment of individual identity features in the process of using intangible benefits.

- related to property rights (eg, the right of authorship for an invention or a work).

- Not related to property rights (eg, the right to protect the honor, dignity and business reputation).

Only one right is enshrined in the law. Art. 152 of the Civil Code of the Russian Federation: the right to defend honor, dignity and business reputation. The legislator does not enshrine any other similar rights, since personal non-property right exists only when there is a specific civil relationship. The right to life, the right to personal integrity, etc. Do not form special civil legal relations.

P. 2 Art. 2 Civil Code of the Russian Federation: inalienable human rights and freedoms and other intangible benefits are protected by civil law, unless otherwise provided by law. Such intangible benefits include life and health, the dignity of personality, personal integrity, privacy, personal and family mystery, etc. Intangible benefits. When the subjects of the GP cannot be subjective right, but there is interest, then the interest protected interest is protected. Interest is protected by establishing relevant prohibitions. In cases of encroachment, one can require compensation for moral damage.

Art. 152 of the Civil Code of the Russian Federation: A citizen has the right to demand a refutation of his honor, dignity and business reputation of information that disaggregated such information does not prove that they correspond to reality.

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


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

- Information should be broken, that is, to affect the moral and ethical spheres of human activity that deserve condemnation from the Society Parties. Resolution of the Plenum of the USSR SCSR dated March 2, 1989: These are the disclosure of such information that are considered the honor, dignity or business reputation as a citizen in public opinion or the opinion of individual citizens in terms of compliance with laws, rules of business ethics, moral principles, in particular, information on the commission of dishonest act.

- Information should be about facts, and not evaluating judgments. Evaluation judgments are the case of the inner conviction of citizens. But those estimated judgments that focus on the facts of a disclusted nature go beyond the domestic conviction and acquire social importance and go beyond the domestic belief.

- Information should be distributed. Information is enough to bring at least one third person. Resolution of the Plenum of the Armed Forces of the Russian Federation of 1997 No. 11.

- inconsistency of reality information. Resolution of the Plenum of the Armed Forces of the Russian Federation of August 18, 1992 "On the protection of honor, dignity and business reputation": "P.7:" The obligation to prove the correspondence of the reality of common information lies on the defendant. The plaintiff should not prove that the information should be pleading his honor and dignity. "

Who can apply for the protection of honor, dignity? Citizens and JUR can act. Persons. You can make claims to protect the honor and dignity of dead citizens (Article 152). It is not necessary to submit claims to protect the honor and dignity of other citizens in relation to the plaintiff.

Special procedure for refuting information in the media. The defendant is the author and editors. If the name of the author is unknown, only the editorial office is the defendant. If the media refers to any source, then this source must prove the accuracy of the facts.

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

P. 6 Art. 152: Sometimes it is impossible to install a person spreading information. Then the plaintiff may apply to the court with a statement about recognizing such information that is not appropriate. So The applicant itself must prove the inconsistency of information.

Ways to protect honor, dignity and business reputation.

clause 2 of Article 152: If the information is contained in the document emanating from the organization, it is subject to replacing or review.

If the information is distributed in the media, they must be refuted in the same media.

In all other cases, questions about the method and procedure of refutation are solved by the court. The refutation method is determined by the nature of the dissemination of information. Claim 13 of the Resolution of the Plenum of the Sun of August 18, 1992: When considering a claim, the court in the operative part of the decision is obliged to specify the method of refuting the disconnecting information. The solution should indicate which information does not correspond to reality when and how they were distributed. The court must determine the period during which the refutation should be published.

Sometimes claims are claimed on the media. Responsibilities Publish the plaintiff's answer to the publication (paragraph 3 of Art. 152). This is the so-called right to answer. It does not require information that the information does not correspond to the reality or are dislike. This requirement is presented to the media itself, during one month the editors should report on the estimated period of response or a refusal of its distribution.

As a result, a citizen may require compensation for damages and compensation for moral damage, and Yul is only compensation for damages.

Terms in GP.

Types of deadlines.

The deadlines for the implementation of civil rights is the deadlines during which the controlled can realize the right to him or require certain actions from the obligious person.

1. Terms of existence of subjective law.With the expiration of the subjective right, the very right is stopped (eg, the person can exchange the goods, within 14 days, not counting the day of purchase). The terms of existence are not directly related to the implementation of subjective law (the right of land. Regardless of whether the subject enjoys them or not).

2. Breaking time.These are such deadlines during which the subjective rights lead to the termination of these rights. With the expiration of a predatory period, the subjective right ceases early. This period matters and meaning if it is less than the length of the existence of subjective law. Early termination of subjective right is a sanction for non-scientific. or inappropriate. Subjective law belonging to the person (for example, if a person does not use a registered trademark within 5 years, the right to use may stop by the court decision).

3. Warranty period.Such a deadline during which the manufacturer or seller guarantee the trouble-free service of the product, and the buyer may require gratuitous elimination of the shortcomings, replacing the product. It matters only in combination with other JUR. Facts (the fact of detecting flaws in the product). But there is also a time to detect shortcomings in the product (2 years), it may not coincide with the warranty period. P.5 Article 477: If the disadvantages are detected after the expiration of the warranty period, the burden of proof lies on the buyer.

There are deadlines that are warranty:

The expiration date is established in relation to goods consumer properties of which can worsen over time.

Terms of service. This period during which the manufacturer undertakes to ensure the possibility of using this appointment. Sometimes the establishment of such a term is responsibility.

See Article 1095-1098.

4. Certain term.The deadline for complaints is established in law. The claim must be brought to court. The claim is a requirement to be submitted to the obligation, in order to resolve between differences between them (for example, Article 797: Before presenting the carrier of the claim, it is necessary to present claims to it).

Today, the loss of the subjective law is not entitled to the loss of the subjective right (in the Soviet law, if the complaint period was missing, then the refusal to the lawsuit). Resolution of the plenum of you dated November 12, 1998 №18 p.28: If the plaintiff missed the complaint term, the court may attribute court costs on the plaintiff regardless of the dispute outcome.

Limitation of actions.

Resolution "On Nec. Issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation of the Civil Code." Joint Resolution of November 12, 2001 Plenum of Sun and on November 15, 2001 Plenum you. Consists of 26 provisions.

The concept and function of the limitation.

Art. 195 GK: the limitation of the statute is recognized for the protection of the right to the claim of the person whose right is violated. This definition is subject to expansion (not only rights, but also interests).

- gives sustainability to civil turnover

- Allows civil turnover participants systematically and effectively carry out their D-th

- contributes to a comprehensive and objective resolution of civil disputes

Types of statux periods:

1. Common. Art. 196 GK: The total limitation period is set at 3 years.

2. Special. Previously, special terms could only be abbreviated. Today Art. 197 GK allows you to establish both longer and more abbreviated terms. For example, according to contract contracts. For special terms, the same legal regime is installed as for general (this applies to the following issues: suspension, break and consequences of the expiration of the deadlines).

Action limitality.

Zak-Va standards about the limitation are imperative. Art. 198 GK: The timing of the limitation and order of their calculus cannot be changed by the Agreement of the Parties. The claim is applied only at the request of the parties in the dispute made before the decision by the court. An application for the application of the limitation made by a third party does not entail legal consequences.

The statement of the status of a claim made by one of the correspondences does not apply to other correspondences, incl. And with a solidarity. It is important to note that the application for the passage of the limitation can be done both in writing and orally.

Requirements for the protection of violated right are taken to consider regardless of the expiration of the limitation period. If the defendant declares in the process, then a decision will be made to refuse a lawsuit.

For a number of requirements, the claim does not apply. Art. 208 GK: inexhaustive list. The reasons for the introduction of exceptions: the need to ensure enhanced defense of some of the goods (for example, life and health). A number of requirements are not related to civil turnover (for example, the requirements for the protection of personal non-property rights and other material goods; the requirements of the owner or other owner, when the violation is not related to the deprivation of the opportunity to own a thing). The claim is not applied in the case of challenging the regulatory legal act. In case of challenging the abnormative legal act, the reference is also not applied if it does not raise the issue of protecting the rights and interests that violated by this act.

The moment from which the current limitation period begins. P. 1 Art. 200 GK: The current of the limitation period begins from the day when the person learned or should have learn about violating his right. This rule has a number of exceptions. For example, challenging transactions: the lawsuit begins from the moment of the cessation of violence or threats. Important clarifications are contained in the resolution of plenums. Requirements for the protection of violated rights often makes not only the carrier of the right (prosecutor, state-order). In this case, the limitation course begins from the day when the carrier itself found out or should have led to violating his right. The period on the suit arising from the disorder begins for each individual part.

Suspension, break and restore the timing of the limitation.

Suspension.

The limitation period is suspended due to the circumstances listed in paragraph 1 of Art. 202 GK. We are talking about the impossibility of either special difficulty for the victim to exercise his right to appeal to the court. These foundations are the basis for suspension if they arose and continued to exist in the last 6 months of limitations.

Circumstances:

1. Overcome force (extraordinary circumstances, force majeure). It is impossible to avoid or prevent this circumstance by all employees affordable.

2. If the plaintiff or the defendant are located in the aircraft translated into martial law.

3. Moratorium (delaying the fulfillment of the obligation). Must be established on the basis of the Law of the Government of the Russian Federation.

4. Due to the suspension of the action of the law or other legal act regulating the respective relations.

Since the cessation of the foundation to suspend the period, the period is renewed. The remaining part of the term is lengthened to 6 months.

5. Art. 204 GK: In the case of a civil law in a criminal case. The timing of the limitations is suspended until the termination of the criminal proceedings.

Break.

The period of limitations is interrupted due to the onset of the circumstances specified in the law, after which it begins again. Time shouting to a break is not counted in a new term. Art. 203 GK: interrupts the limitation of the claim in the prescribed manner; Recognition of debt. The rules on the break are applied by the court on their own initiative, but the proposal for a period of time must be made by the defendant. Break is possible only within the limits of limitations.

An exemplary list of actions indicating the recognition of debt is provided in paragraph 20 of the Resolution of the Plenums:

- Recognition of complaints

- partial payment or partial recognition of the claim

- payment of interest on the principal debt

- Changes in the contract

- request of the debtor about the change of the contract

Actions indicating recognition of debt should be held before the creditor. Prescription cannot be interrupted by the inaction of the debtor.

The claim must be taken in the prescribed manner. Otherwise, the statement of claim may be left without movement (eg, non-payment of state duty). If the person meets the deadline to eliminate the violation, the claim is considered to be submitted on time. The claim can also be returned to the plaintiff, this is due to any serious impairment (for example, the rules for jurisdiction) are violated).

Restoration of the statute of limitations.

Art. 205 GK. May take place only in exceptional cases when the court recognizes the valid reason for his skipping. Recovery is not allowed against HL.

Art. 152 GPC: In the preliminary court session, the issue of refusal of the lawsuit may be solved due to the passage of the limitation without researching other actual circumstances. Suspending circumstances have the automatic nature of actions, and restoring - are taken into account by the court if he considers it necessary.

The consequences of the expiration of limitations.

The expiration of limitations does not stop the right to present the claim. Will the expiration of the limitation of the limitation of the subjective right? Art. 206 GK: The debtor or other obligated person who performed the duties after the expiration of the limitation period is not entitled to demand fulfilled back, at least at the time of execution it did not know about the expiration of the term. Novitsky: The subjective right after the expiration of the limitation uses weakened protection. GENKIN: The expiration of the statute of limitations is resetting the right to the lawsuit in the material, but not a procedural sense. Tolstoy: There is the possibility of forced implementation of any subjective right, so if the right cannot be forced, it disappears. The right on the side of the person who missed the abandonment, arises due to the complex legal composition: the expiration of the timeline of limitations; Making another person on the execution of previously ceased duties - these elements lead to resuscitation of law. Mushrooms: Legal significance has a pressure-term period only when considering the claim.

Real rights.

The real law gives a managed opportunity to meet the need for direct interaction with the thing (eg: ownership).

Any right, including the real law, is a public character and satisfying material needs always occurs in society è right and necessary to provide relevant individuals. Related law and gives a managed opportunity to meet its needs. The right legally provides the abstinence of others from interference in the actions of the mandatory.

Signs of real rights.

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

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

2. The right to follow. The transition of ownership of the thing to another person does not entail the termination of other things about this property.

Art. 216 GK - Approximate list of real rights:

Ownership

Economic law

Right operational management

The right of life inherited possession

The right of permanent use

servitude

Other real rights

Related rights regulate property relations.

Property is a public relations between people.

First look. Property is a set of all production relations (Professor Skreder). But here there is an identification of the concepts of ownership and economic basis of society. Property relationship is an element of an economic basis.

Second View (Professor Yu.K. Tolstoy). He reveals the property relationship with three categories:

possession

Order relationship property

Use.

Such an economic content is complied with JUR. The content of property concept.

But there are objections against this look. Any phenomenon only then becomes independent when it in itself has individual signs, and does not consist of simpler categories.

Third view. Most of the lawyers reveals the property content with the help of the concept of assignment.

Any public relationship involves the interaction between the people themselves. And the assignment characterizes the interaction between the thing and man è property must be considered on both sides: from the real side and from the public side.

It is important for us to understand what is the interaction of the owner with other people in the process of assigning material goods. S-th is resting to the difference of my and someone else's. The thing is only then m. To be considered, when it is someone else for everyone else, i.e. Assigning things in any person inevitably implies alienation from her other persons è property with common. The parties are characterized as such. Attitude, in which the alienation of things from other persons occurs.

Property is a public relationship resulting from the alienation of all other persons from the thing assigned by the subject.

Property legal relationship.

PS is common. Property relationship settled by the norms of GP.

PS Subjects:

1. Owner (controlled person). As the owner of m. Any subjects of GP.

2. All those surrounding the owner of the person (obliged to relate to the owner).

The constitutional rights of each citizen guaranteed the protection of honor, dignity and business reputation, carry out protection of 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 Article 128.1 of slander. In violation of human rights to protect the honor, dignity and business reputation, everyone has the right to apply to the court and law enforcement agencies to restore violated rights.
The legislation itself is not given a clear definition, which is the protection of honor, dignity and business reputation. But from the practice, it is possible to distinguish the conclusions from which it is intended, honor, dignity and business reputation and, accordingly, to conclude how to protect and what to protect.

Dignity, it is primarily a self-esteem

Honor, this is an assessment by the Society of Man himself

Business reputation, this is a business class quality or legal entity

Violation of human rights on the protection of 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 a refutation of the distant honor of his honor, dignity or business reputation of information, if the dissemination of such information does not prove that they correspond to reality. The refutation must be made in the same way that information about citizen has been distributed, or another similar way.
At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen and after his death.
2. Information, disclosure of honor, dignity or business reputation of a citizen and common in the media should be refuted in the same media. A citizen in respect of whom the specified information is common in the media, has the right to demand, along with a refutation of the publication of his response in the same media.


3. If the information that is disclosed, the dignity or business reputation of a citizen is contained in the document coming from the organization, such a document is subject to replacement or review.
4. In cases where the responsibility of the honor, dignity or business reputation is widely known and, in connection with this, the refutation cannot be brought to universal information, the citizen has the right to demand the removal of relevant information, as well as the preventive or prohibition of the further dissemination of the indicated information by seizure and destruction without any compensation made in order to introduce into civil circulation instances of material carriers containing the specified information, if without the destruction of such instances of material carriers, it is impossible to remove the relevant information.
5. If the information that is disrupted, the dignity or business reputation of a citizen, after their dissemination available on the Internet, a citizen is entitled to require the removal of relevant information, as well as refutable the specified information to ensure the refutation of the Internet to the Internet.
6. The procedure for refuting the information that is disrupted, the dignity or business reputation of a citizen, in other cases, besides those specified in paragraphs 2 - 5 of this article, is established by the court.
7. Application to the violator of responsibility measures for non-fulfillment of a court decision does not exempt it from the obligation to make an action provided for by the court decision.
8. If you establish a person who disseminated information, the honor, dignity or business reputation of a citizen is impossible, a citizen in respect of which such information is common, has the right to apply to the court with a statement about the recognition of common information not corresponding to reality.
9. A citizen in respect of whom the information disseminated to his honor, dignity or business reputation, along with the refutation of such information or publication of his response, has the right to demand compensation for damages and compensation for moral damage caused by the dissemination of such information.
10. Rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for non-pecuniary damage, can also be applied by the court also to the dissemination of any information about citizen, if such a citizen proves the inconsistency of the specified information of reality. The limitation period for the requirements imposed in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in relevant media.
11. The rules of this article on the protection of the business reputation of a citizen, with the exception of provisions on non-pecuniary 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 company have several ways to restore their right:

Civil law relations (court, complaint, etc.)

Public refutation of information that is vicious, honor, dignity and business reputation

Moral injury

Criminal liability

Compensation or payment of moral damage is carried out in court under articles 151, 1099, 1101 of the Civil Code of the Russian Federation. For compensation for harm to protect the honor and business reputation, as a citizen, as a legal entity, may apply to court at any time, since on the basis of Article 208 of the Civil Code of the Russian Federation, the deadlines are not provided for.

Civil Code Article 208. Requirements for which the status limit does not apply

The lawsuit does not apply to:
requirements for the protection of personal non-property rights and other intangible benefits, except for the cases provided for by law;
requirements of depositors to the bank on issuing contributions;
requirements for compensation for harm caused to life or citizen's health. However, the requirements made after three years from the moment of the emergence of the right to reimburse such harms are satisfied over the past time for no more than three years preceding the presentation of the claim, except in cases provided for by the Federal Law of March 6, 2006 N 35-FZ " counteracting terrorism ";
requirements of the owner or other owner to eliminate any violations of his right, at least these violations were not connected with the deprivation of ownership (Article 304);
other requirements in cases established by law.
The victim can also declare the beneficial benefits due to the information that the honor of 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 of damages
1. The person whose right is broken, may require full compensation for damages caused to him if the law or contract is not provided for damages in a smaller amount.
2. Under losses are understood by the costs that the person whose right is broken, produced or should produce to restore violated rights, loss or damage to its property (real damage), as well as non-fault income that this face would receive under normal civil turnover conditions, If his right was not broken (missed benefit).
If the person who violated the right, received due to this income, the person whose right is violated, has the right to demand compensation along with other losses of missed benefits in the amount of not less than such income.
To restore its violated right to 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 bringing guilty to criminal liability due to slander.

Criminal Code of the Russian Federation Article 128.1. Slander

1. slander, that is, the spread of knowingly false information that isgoving the honor and dignity of another person or undermining his reputation is shall be punished with a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of convicts for the period up to six months or mandatory work for the period up to one hundred sixty hours.
2. The slander, contained in a public speech, publicly demonstrating the work or media, is punished with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for the period up to one year or mandatory work for a period of up to two hundred forty hours.
3. The slander committed using his official position is shall be punished with a fine of up to two million rubles or in the amount of wages or other income convicteder for a period of up to two years or mandatory work for up to three hundred twenty hours.

4. The slander that the face suffers from the disease representing the danger to others, as well as slander, connected to the accusation of a person in committing a sexual crime, is punishable by a fine in the amount of up to three million rubles or in the amount of wages or other income convicteder for the period Up to three years or mandatory work for up to four hundred hours.
5. The slander, connected to the accusation of a face in the commission of a grave or particularly serious crime, is punished with a fine of up to five million rubles or in the amount of wages or other income of convicts for a period up to three years or mandatory work for up to four hundred eighty hours.
Of the above rules, it is clear that the legislator clearly regulates the responsibility and rights, to protect the honor, dignity and business reputation.

 

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