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Civil Code of the Russian Federation (Civil Code of the Russian Federation). Civil Code of the Russian Federation (Civil Code of the Russian Federation) St 152 of the Civil Code of the Russian Federation in the new edition

Article 152. Protection of honor, dignity and business reputation

1. A citizen has the right to demand in court the 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 done in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen 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 specified information has been disseminated in the media, has the right to demand, along with a refutation, the publication of his answer in the same media.

3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document emanating from the organization, such a document must be replaced or revoked.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this connection it is impossible to bring a refutation to the public, the citizen has the right to demand the removal of the relevant information, as well as suppression or prohibition of further dissemination of this information by means of seizure and destruction, without any compensation, of copies of material carriers containing the specified information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers.

5. If information discrediting the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to 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, shall be established by the court.

7. Application of measures of responsibility to the violator for non-execution of the 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 establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information is disseminated has the right to apply to the court with a statement declaring the disseminated information untrue.

9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, 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 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 specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of this information in the media is one year from the date of publication of such information in the relevant media.

1. A citizen has the right to demand in court the 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 done in the same way that information about the citizen was disseminated, or in another similar way. At the request of interested persons, a citizen is 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 specified information has been disseminated in the media, has the right to demand, along with a refutation, the publication of his answer in the same media. 3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document emanating from the organization, such a document must be replaced or revoked. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this connection it is impossible to bring a refutation to the public, the citizen has the right to demand the removal of the relevant information, as well as suppression or prohibition of further dissemination of this information by means of seizure and destruction, without any compensation, of copies of material carriers containing the specified information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers. 5. If information discrediting the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to 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, shall be established by the court. 7. Application of measures of responsibility to the violator for non-execution of the 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 establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information is disseminated has the right to apply to the court with a statement declaring the disseminated information untrue. 9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, 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 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 specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of this information in the media is one year from the date of publication of such information in the relevant media. 11. The rules of this article on the protection of the business reputation of a citizen, with the exception of provisions on compensation for moral damage, shall accordingly apply to the protection of the business reputation of a legal entity.

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

    Denis Bulgarin

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

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

    • I am writing a diploma, I have already read and looked at everything myself) - a very bold statement. Then get ready for a serious plagiarism check. The norms work and are very successful, but for this you need to have a good command of Ch. 6 Code of Civil Procedure of the Russian Federation Other questions of your diploma ...

  • Leonid Kultykov

    territorial jurisdiction for the protection of honor, dignity and business reputation .. The organization posted a notice at the checkpoint that the employee was a thief and a criminal case was initiated against him. The head of the organization in A city Branch in B city A the employee himself worked in B city. But the labor was in the B city

    • Lawyer's answer:

      According to the rules of tribal jurisdiction, claims in cases of protection of honor and dignity are considered at first instance by district courts. Go to court where the branch is located. If it is too far, prosecute the person who posted the ad. You may be denied a claim against him, but you can file a claim at the place of residence of one of the defendants.

    Maria Melnikova

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

    Alina Osipova

    a claim for the protection of honor, dignity and business reputation. a claim for the protection of honor, dignity and business reputation, HOW to write it correctly, in whose name? what documents to attach? The committee on land relations of the Administration of the Pionersky district of the city of Pionersk, Kaliningrad region, head of the department Khalipov PV, applied to the arbitration court with a statement. Land lease agreement No. 048/2006 dated 14.08.2006, and my company is registered as a legal entity and tax registration with the tax authority of Kaliningrad, Kaliningrad Region = 29.12.2006. It follows that the contract was signed on August 14, 2006 and was working, and I registered my company only on December 29, 2006. In short, I faxed my certificates of registration of my company to the Admin of the Pionersky District, they saw their mistake. They offer, so what, like a mistake .. and in the court decision, my details are like a red flag on all sites of both the Arbitration Court and the flocks of Kaliningrad, and the Site of the Administration of the Pioneer District, all the media submitted and entered in the registers, as malicious The debtor, not the payer, the amount is 237,000 rubles, plc, according to the just adopted court decision, a fine is calculated in the amount of 50,000 rubles, in total everyone sees the debt = 257,000 rubles, Khalipov says, well, what do you write about the application, I don’t know what to do for you now? Your type of problem. Please tell me how I should be in this situation. Is it possible to sue them, and how? What should I do? _______ I do not know how to be and write where the application, in whose name ??? Can I show it to Khalipov or to whom? Moral damage, How to deal with the media ??? Can you please tell me how to proceed further ??

    Oksana Kazakova

    Baturin's wife of the capital's mayor will file a lawsuit to protect honor, dignity and business reputation. Your opinion: will it win?

    • The more they flounder, the deeper they will be sucked in. They would have confessed, repented - they would have been honorably sent to retire. And if they resist, they will start criminal cases.

    Raisa Yakovaleva

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

    • 1.the applicant himself ... 2.his legal representative-lawyer ...

    Daria Kazakova

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

    • that's why girls never think about the consequences of their actions ?? yes, at least what kind of beloved he is, but at least 20 years we would have lived, why rely so much on a person? damn so many stories are shown, written and no, because we are all about nothing ...

    Karina Baranova

    Can you start a criminal case against the collection services?

    • If collectors spread information that you are a hard-core defaulter, you can file a claim to protect your honor, dignity and business reputation. After all, while there is no court decision on recognizing you as a debtor, all the information about what you have ...

    • Well, why don't you, young studiosus, write your report? Write and write.

  • Natalia Kudryavtseva

    Lawyers, tell me, is there an article in the RF Criminal Code that it is forbidden to insult any firm in public? Open .... For example, in the community on the VKONTAKTE website, which is subscribed to by 10,000,000 people, excuse me to openly excuse the provider with Rostelecom! Hayut in general as they want, how bad he is! And the audience sees it! Is it illegal?

    Igor Varvarin

    Of the Criminal Code of the Russian Federation or still the Code of Administrative Offenses of the Russian Federation. On the Internet, information is disseminated, knowingly, defaming honor and dignity. The perpetrators have been identified. How should they be punished? Libel - according to the criminal code and pay a large fine or sit in turma, or will the perpetrators incur an administrative penalty under the article Insult? pay a small fine and be able to continue posting such information on the network? The difference between these schools, when and in which case are they applicable? What payments in this situation can still be ripped off from these scum? is it possible to apply for compensation for moral damage? for reimbursement of legal costs (for example, payment for the services of a lawyer)?

    • Lawyer's answer:

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

    Egor Durakov

    78005555168 MBA finance .. today this number calls me and says that there is only 1 unit left before the trial about my loan, etc. I didn't listen for a long time, I dropped it. decided that it was a divorce. on the Internet I find out that this is the collection company MBA FINANCE. but I did not take any credit (to say nothing of a poor student) and, in principle, I don’t contact the bank. The question is whether in this case it can really be considered a mistake. divorce? or if still not, where should I go with it?

    • Lawyer's answer:

      it all depends on your desire 1) you can stupidly add them to the black list or change the number and forget about them as a bad dream 2) you can file a lawsuit against them under: Article 152 of the RF GKO Protection of honor, dignity and business reputation I would did not miss such an opportunity to withdraw money from them)))

    Yulia Dmitrieva

    What counterclaim ?. What kind of counterclaim will be against the claim for compensation for moral damage caused by the provision of low-quality medical services?

    • on the protection of honor, dignity and business reputation

    Larisa Molchanova

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

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

    Maxim Volosheninov

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

    • No. The state duty is paid as for a non-property claim, that is, in the amount of 100 rubles.

    Elena Bolshakova

    People, such a problem with classmates. Sympathetic help, eh !!!

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

    Tatiana Anisimova

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

    • Hysterical Man and Women - Hysterical men are afraid of women. If they are married, they are quiet, dumb creatures that are pushed around. Hysterical men are not very developed creatures, burdened with complexes, so they try to prove ...

    Yana Konovalova

    A neighbor on the floor is rude, is rude and accuses me of what I didn’t do, how to influence her, so that I would be left behind.

    • Insulting a person falls under the criminal article. Scare that call the district police officer and she wakes him up to explain why she insulted. If he doesn’t understand, do it. She will not open her mouth again without solid evidence, and if she does, then for ...

    Karina Komarova

    where can I find judicial statistics on cases of protection of honor, dignity and business reputation ?. needed for a diploma

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

    Timur Lavrikov

    Bad attitude of the manager to the employee. I work in one well-known chain of stores (let's leave it incogneto), there are a lot of all sorts of bosses with us, but there is one who only occupies a small position of a senior storekeeper, and takes on as much as if she is a warehouse manager .. constantly rude, humiliating, affecting friends and close relatives, including parents .. sticks his nose where he is there at all out of place. constantly raises his voice .. there was even a case of assault .. no one wants to contact her. She has been working for a long time and has a working interest in front of the higher-ranking bosses .. have any suggestions on this? besides to quit .. tell me .. thanks in advance

    • Lawyer's answer:

      Well, she behaves the way both the higher management allows her (due to the absence of complaints from lower-level employees) and the subordinates of this madam. It is not at all difficult to record curses and insults on a dictaphone (it is in every mobile phone) and call a boor for a serious conversation .... they say. if this is not the last time, then the record will go to the table of the prosecutor and the labor inspectorate. The prosecutor will strain about the protection of honor, dignity and business reputation, and the GIT about comfortable working conditions. Only you need to do everything not alone, the more offended there are, the better ...

    Yaroslav Belyankin

    help solve the problem on civil law. good reasoning is needed, in accordance with current legislation. Lunin, a leading engineer of a research institute, as a result of the attestation, was found to be inappropriate for his position. He refused the offered position of senior engineer and was fired. Lunin went to court with a claim against the administration of the institute and the persons who signed his testimonial for submission to the attestation commission. The characterization, according to the plaintiff, contained information discrediting his honor and dignity. The court dismissed Lunin's claim. The judicial board of the regional court upheld this decision. In protest, the Deputy Prosecutor General raised the issue of canceling the court decisions and terminating the proceedings, since Lunin actually challenged the conclusions of the attestation commission about the inconsistency of his position and the motives for dismissing him from work, and therefore this dispute is not subject to the court by virtue of the Labor Code of the Russian Federation. Appealing against the decision to terminate the proceedings on the case, Lunin noted that he was asking to refute not the conclusions of the attestation commission, but the information given in the service description that discredited his honor and dignity, in particular information that he had omissions in production activities, has petty and quarrelsome. Lunin also pointed to the untrue information contained in the testimonial, stating that he did not have awards and incentives received during the certification period.

    • Lawyer's answer:

      Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation ... If this information is contained in a document issued by an organization, such a document must be replaced or revoked. The procedure for refutation in other cases is established by the court. One word should be the fact of information dissemination. As for the information that is to be mentioned in the employee certification protocol, this is an internal document that affects the determination of the wage rate and the position of the employee. Mentioning the employee's personal qualities in it is inappropriate, as, in accordance with the Qualification Guide approved by the Ministry of Labor of the Russian Federation, the qualification characteristic of each position has three sections. The section "Job responsibilities" establishes the main labor functions that can be entrusted in whole or in part to an employee holding this position, taking into account the technological homogeneity and interconnectedness of work, allowing to ensure optimal specialization of employees. The section "Should know" contains the basic requirements for an employee in terms of special knowledge, as well as knowledge of laws and regulations, regulations, instructions and other guidance materials, methods and means that the employee must apply in the performance of job duties. The section "Requirements for qualifications" defines the level of professional training of an employee required to perform the specified job duties, and requirements for work experience. The levels of required professional training are given in accordance with the Law of the Russian Federation "On Education". Therefore, during certification, an employee should be assessed precisely according to these criteria, and not according to whether someone likes him or not.

    Dmitry Lukashin

    A neighbor in a communal apartment said she wanted to accuse me of theft, she said. A neighbor in a communal apartment said that she wanted to accuse me of theft, she said that she would file a statement with the police that I had stolen her money. she comes up with all sorts of fables, knowing her, I can say that she can make her threats come true. How to protect yourself, which authority to contact? Thank you in advance!

    • Lawyer's answer:

      Unfortunately, Article 129 of the Criminal Code of the Russian Federation on defamation has lost its force can be brought to civil liability Article 152. Protection of honor, dignity and business reputation The procedure for refutation in other cases is established by the court. 3. A citizen in respect of whom the mass media have published information that infringes upon his rights or interests protected by law has the right to publish his answer in the same mass media. 4. If the decision of the court is not fulfilled, the court shall have the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to the income of the Russian Federation. Payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision. 5. A citizen in respect of whom information has been 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 harm caused by their dissemination. 6. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true. 7. The rules of this article on the protection of the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity. Article 14 of the Code of Criminal Procedure of the Russian Federation Article 14. Presumption of innocence [Criminal Procedure Code of the Russian Federation] [Chapter 2] [Article 14] 1. The accused shall be presumed innocent until his guilt in committing a crime is proved in accordance with the procedure provided for by this Code and is established to have entered into legal force by a court verdict. 2. The suspect or the accused is not obliged to prove his innocence. The burden of proof of the prosecution and refutation of the arguments made in defense of the suspect or the accused lies with the prosecution. 3. All doubts about the guilt of the accused, which cannot be eliminated in accordance with the procedure established by this Code, shall be interpreted in favor of the accused. 4. A conviction cannot be based on assumptions.

    Valeria Lebedeva

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

    • Lawyer's answer:

      The definition of the concept of "libel" is enshrined in Art. 129 of the Criminal Code of the Russian Federation. Liability for libel is provided for not only by criminal, but also by civil legislation - Art. 152 of the Civil Code of the Russian Federation. That is, a citizen who has suffered from defamation can simultaneously apply to the relevant authorities both in criminal and civil proceedings, that is, at the same time file an application for initiating a criminal case against the perpetrator and, at the same time, file a claim for the protection of honor, dignity and business reputation. Although personally, I would simply apply to the magistrate court with a statement to initiate a criminal case (at the place of its commission), and then in court I would also file a claim for compensation for moral damage, go to two trials in one case - I think this is unnecessary ... When a criminal case, or rather, its result, does not suit you, you can apply in a civil procedure. According to Part 2 of Art. 20 of the Code of Criminal Procedure of the Russian Federation criminal cases on crimes under Part 1 of Art. 129 of the Criminal Code, are considered criminal cases of private prosecution and are instituted only at the request of the victim, his legal representative. Slander infringes upon the honor and dignity of the person. The objective side consists in the dissemination of deliberately false information, discrediting the honor and dignity of another person or undermining his reputation. The crime was over from the moment of spreading false information. Distribution means the communication of relevant information to at least one person. Dissemination can be carried out both in the presence of the victim, and in absentia, orally, in writing or in any other form (for example, via the Internet). Information must be: 1) knowingly false, 2) discrediting the honor and dignity of a person or undermining his reputation. A mandatory sign of slander is knowingness, which is understood as the exact knowledge of a person about the falsity of information. If a person is in good faith with regard to the truthfulness of the information, one cannot speak of knowingness. The subject of the crime is a person who has reached the age of 16.

    Maxim Lepin

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

    • go to court with a statement of libel, demanding the protection of honor, dignity and business reputation, shake them moderately. And let the owners turn to the police with a statement about the theft, if they want to find a criminal, or just stick around and keep quiet.

    Christina? Kovaleva

    Good day! How to deal with a slanderer?

    Fedor Marynchuk

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

    • Lawyer's answer:

      as the saying goes: you can't sew a word to a deed. Everything in our time must be supported by evidence. First of all, these are documents (demotion on the basis of what?). Next, give your girlfriend a voice recorder, all insults, humiliation and threats can be recorded (Art. 77 of the Civil Code of the Russian Federation, audio-video recordings, as evidence are accepted by the court). A claim for the protection of honor, dignity and business reputation. You can, of course, invite colleagues as witnesses, but I doubt that anyone will go against the authorities, even if your girlfriend is very well treated. And I think you shouldn't pay attention to your policeman husband! If there is a real threat or blackmail - video, audio recordings we take and go straight first to his leadership, and preferably to the prosecutor's office - exceeding official powers or using the latter for personal purposes. Or maybe just think about moving to another job? ...

    Georgy Oshmarov

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

    • Lawyer's answer:

      about the employee. next time let her argue and prove her reports or as she calls them. otherwise, you have every right to file a claim in court for the protection of honor and business reputation. about the boss. before imposing a disciplinary sanction on an employee, provided for by the Labor Code of the Russian Federation, it is necessary, at a minimum, to take an explanation from the employee. and a penalty cannot be imposed without a minimum of domestic misdemeanor proceedings. bring to the attention of your boss that the Labor Code of the Russian Federation does not provide for such a type of disciplinary sanction as a fine.

    Peter Orfeyev

    How is the Russian Community of Ukraine hindering Yanukovych and his associates?

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

    Pavel Makogognenko

    The individual entrepreneur, without proving the employee's guilt and without determining the amount of damage, dismissed him for shortage and demands money from him. Extortion? The individual entrepreneur, without proving the employee's guilt and without determining the amount of damage, dismissed him for a shortage and demands money from him. the damage is not documented, the inventory is not documented, the guilt is not proven, requires money, I suggest that he go to court, since there is no fault of mine, he refuses to go to court, but at the court of appeal he called him a thief and a swindler

    • Lawyer's answer:

      Extortion is the Criminal Code of the Russian Federation. And you have a labor dispute. And dismissal for absenteeism (according to documents), and not for shortage. In other words, "you can't sew this to your Business." Accordingly, if it is so important to you, you file other claims: Extortion claim (Criminal Code of the Russian Federation). He does not threaten you in writing, so with the involvement of witnesses. And a claim for the protection of honor, dignity and business reputation (article on libel - Code of Administrative Offenses of the Russian Federation). Term - 2 months. Who will you use as witnesses: the judges of appeal, the secretary and the prosecutor? :-) Or are the accusations recorded in the protocol?

    Evgeny Pyatiletkin

    Is it possible to just come to a restaurant and ask to watch the recordings from CCTV cameras? And if you come and bribe? My dad is just going to I tell him that they will not show him He wants to bribe

    • Lawyer's answer:

      Since the question is incomplete and inaccurate (sorry, not correct), it seems possible to answer it as follows (in any form). 1) CCTV recordings are the private property of the owners of these cameras. 2) Exceptions are the cases provided for in Art. 152.1 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation, postscript: I act only in this legal field). In particular, article 152.1 of the Civil Code of the Russian Federation provides that the publication and further use of the image of a citizen (including his photograph, as well as video recordings or works of fine art in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence - with the consent of the parents. Such consent is not required in cases where: 1) the use of the image is carried out in the state, public or other public interests; 2) the image of a citizen was obtained during filming, which is carried out in places open to free visits, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), unless such an image is the main object use; 3) the citizen posed for a fee. Thus, if you do not carry out your actions in the area of ​​Art. 152.1 of the Civil Code of the Russian Federation and are not an employee of law enforcement agencies acting within the limits of the granted official powers, but you must be guided by Art. 152.1 of the Civil Code of the Russian Federation. Otherwise, if you received someone else's image and used it not in the interests of the copyright holder, then the latter may apply to the court with a claim against you for the protection of honor, dignity and business reputation, depending on the severity of the consequences, or regardless of such dependence. 3) The method and amount of compensation for moral damage is determined according to the rules established by Art. 1101 of the Civil Code of the Russian Federation and the Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.12.1994 No. 10 "Some issues of the application of legislation on compensation for moral harm."

    Vera Alekseeva

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

    • Probably it will be physical evidence in writing

    Pavel Convenient

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

    • Well then, not "slander" but "protection of honor, dignity and business reputation." Chezh will not accept? will accept. only need to prove the fact of distribution.

    Alexandra Nikolaeva

    I know that there is an article where a fine or correctional labor is provided for rudeness, and who really came across that. was there a court on this?

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

    Evgenia Alexandrova

    how to stop gossip ?. An acquaintance works in a large shopping center and suddenly finds out that one of the employees tells publicly (in the cafeteria) that she was walking around the store drunk after work ("well, just nothing"), how to stop gossip, where and to whom to apply?

    • Lawyer's answer:

      Libel and insult are crimes committed with direct intent: the distributor deliberately acts to defame or offend a person, realizing the social danger of his actions. In case of libel, the person disseminating defamatory information knows in advance (knowingly) that it is false, but despite this, he deliberately wishes and takes all possible measures to disseminate it, realizing what damage this information can cause to the victim; wants a criminal result - the restoration of public opinion against the person involved in the disseminated message. The form of expression of fabrications does not matter for slander. Libel can be both acceptable and not decent. Insults are characterized by indecency of the form. It can be applied both verbally (verbally) and by committing indecent acts. Insult usually causes personal offense to the victim and may not be accompanied by a change in public opinion in relation to him. If the dissemination of information contains only a negative assessment of a person or some of its individual qualities, but does not contain indications of a specific fact or circumstance, then the dissemination of such information is considered an insult. If in the distributed message there are indications of specific circumstances of the allegedly committed unseemly act by the defendant (and in your case, being drunk at the workplace), if this information is not proven, they are considered as slander. The norm of Art. 151 of the Civil Code of the Russian Federation establishes the right of a citizen to compensation for moral damage. However, clause 7 of the next 152 article of the Civil Code of the Russian Federation states that the rules on protecting the business reputation of a citizen respectively apply to the protection of the business reputation of a legal entity. Considering that the right to compensation for moral damage is one of these rules, it turns out that a legal entity also has the right to claim this. FEATURES OF CIVIL_LEGAL PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION: - the claim for the protection of personal non-property benefits will not be subject to the statute of limitations (i.e., they can be presented at any time after publication); - the burden of proving the fact that the disseminated information is true is placed on the respondent (i.e. on the distributor); - Compensation for moral harm is carried out regardless of the fault of the inflictor of harm, in cases where the harm was caused by the dissemination of information discrediting honor, dignity and business reputation (Art. 1100 of the Civil Code of the Russian Federation). SIGNS OF OFFENSES ESTABLISHED BY ART. 152 of the Civil Code of the Russian Federation: - the fact of distribution; - it is the information that is disseminated; - information that does not correspond to reality; - the information relates to the plaintiff; - the information is defamatory. The absence of at least one of these signs indicates that the actions of the distributor do not constitute an offense under Art. 152 of the Civil Code of the Russian Federation (that is, there are grounds for refusing the plaintiff to satisfy his claim).

    Larisa Tarasova

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

    • Lawyer's answer:

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

    Anna Sorokina

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

    • Lawyer's answer:

      To begin with - simplified or UTII? These are two different things. The fact that you are an individual entrepreneur is JUST EXCELLENT. If the bailiff portrays zeal - to begin with, we introduce him to the law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" - in accordance with it, the bailiff WITHOUT WRITTEN COMPLAINT FROM THE CHILD'S MOTHER has no right to check you more often, than once every two years. To begin with, we have a nightmare about this - so that without WRITTEN complaints from the BZ I would not twitch. After that, it is quite simple - for each unreasonable complaint we file a statement of claim for the protection of honor, dignity and business reputation in relation to BZ - heals very quickly.

      Civil Code of the Russian Federation "Protection of the honor, dignity and business reputation of a citizen." And let your Shapoklyak talk about this with the brave people in uniform. I think she will quickly get tired of behaving this way.

    Alina Smirnova

    insult on the phone (terrible swearing). calls at night. is it possible to bring a person to justice ?. question for lawyers. how to legally stop this outrage. Thanks.

    • Lawyer's answer:

      You have the right to protect your honor, dignity and business reputation and nothing more ... you can contact the police, they will accept the application, but they will refuse to initiate a criminal case due to the lack of corpus delicti. It is possible with a lawsuit - but even here there is no chance due to the lack of evidence. Even the record of telephone rudeness will not be perceived by the court as evidence obtained legally, because the court did not authorize such a record. However, it is unlikely that it will be possible to prove moral damage ...

      • Lawyer's answer:

        for breaking his nose] [Chapter 16] [Article 116] 1. Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, - shall be punished with a fine of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or compulsory labor for a period of up to three hundred and sixty hours, or correctional labor for a period of up to six months, or arrest for a period of up to three months. 2. The same acts committed: a) from hooligan motives; b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group, - are punished with compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for up to two years, or forced labor for up to two years, or arrest for up to six months, or imprisonment for up to two years. 2The Constitution of the Russian Federation says All are equal, regardless of race, sex, religion, and so on. Say nothing just for what you broke into him and also about the insult Article 20.1. Petty hooliganism [Code of the Russian Federation on Administrative Offenses] [Chapter 20] [Article 20.1] 1. Petty hooliganism, that is, violation of public order, expressing obvious disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as destruction or damage to someone else's property - shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative arrest for up to fifteen days. 2. The same actions involving disobedience to the legal request of a representative of the authorities or another person performing the duties of protecting public order or suppressing a violation of public order - shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a period of up to fifteen days. 3 Article 152. Protection of honor, dignity and business reputation [Civil Code of the Russian Federation] [Chapter 8] [Article 152] 1. A citizen has the right to demand from the court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that they are true. At the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death. 2. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media. If the specified information is contained in a document issued by the organization, such a document is subject to replacement or withdrawal. The procedure for refutation in other cases is established by the court. 3. A citizen in respect of whom the mass media have published information that infringes upon his rights or interests protected by law has the right to publish his answer in the same mass media. 4. If the decision of the court is not fulfilled, the court shall have the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to the income of the Russian Federation. Payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision. 5. A citizen in respect of whom information has been 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 harm caused by their dissemination. 6. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with a request

        Nikita Berdyshov

        Who has experience with media claims? Does the collection go only from the program, or from the authors too? The Plenum of the Supreme Council clarified that. the authors in such cases are also defendants, but I have never seen in the press the information that they have recovered from the authors too. They write about the collection from the publication, the company.

        • Lawyer's answer:

          It seems to me that the Supreme Court has completely definitely resolved this issue: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3 of February 24, 2005 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities." on claims for the protection of honor, dignity and business reputation are the authors of untrue discrediting information, as well as the persons who disseminated this information. If the disputed information has been disseminated in the mass media, then the author and the editorial staff of the relevant mass media are the proper defendants. If this information has been disseminated in the mass media with the indication of the person who is its source, then this person is also the proper respondent. When publishing or otherwise disseminating defamatory information that does not correspond to reality, without indicating the name of the author (for example, in an editorial article), the appropriate defendant in the case is the editorial office of the relevant media outlet, that is, an organization, an individual or a group of individuals carrying out the production and release of this media information (part 9 of article 2 of the Law of the Russian Federation "On the Mass Media"). If the editorial office of a mass media outlet is not a legal entity, the founder of this mass media may be involved in the case as a defendant. If the plaintiff makes claims against one of the proper defendants, who jointly disseminated untrue defamatory information, the court has the right to involve the co-defendant in the case only if it is impossible to consider the case without his participation (Article 40 of the Civil Procedure Code of the Russian Federation).

          • there are articles: protection of honor, dignity and business reputation, Art. 152 of the Civil Code of the Russian Federation, compensation for moral damage, art. 151, 1099-1101 of the Civil Code of the Russian Federation

(as amended by Federal Law of 02.07.2013 N 142-FZ)

1. A citizen has the right to demand in court the 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 done in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen 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 specified information has been disseminated in the media, has the right to demand, along with a refutation, the publication of his answer in the same media.

3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document emanating from the organization, such a document must be replaced or revoked.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this connection it is impossible to bring a refutation to the public, the citizen has the right to demand the removal of the relevant information, as well as suppression or prohibition of further dissemination of this information by means of seizure and destruction, without any compensation, of copies of material carriers containing the specified information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers.

5. If information defaming the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to 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, shall be established by the court.

7. Application of measures of responsibility to the violator for non-execution of the 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 establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information is disseminated has the right to apply to the court with a statement declaring the disseminated information untrue.

9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, 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 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 specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of this information in the media is one year from the date of publication of such information in the relevant media.

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

Comments on the article

The right to the protection of honor and good name is guaranteed by Art. 43 of the Constitution of the Russian Federation.

Comment. Art. determines the conditions and procedure for the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities. Honor is a public assessment of the social and spiritual qualities of an individual; dignity - an internal assessment by a person of his qualities; business reputation - the prevailing public opinion about the professional merits of an individual and a legal entity. Since an infringement on the dignity of a person cannot be imagined without an infringement on her honor, the concepts of honor and dignity are usually used together. On the contrary, infringement on business reputation can be independent.

In accordance with para. 1 clause 2 of the resolution of the Plenum of the Supreme Council of August 18, 1992 N 11 "On some issues that have arisen when the courts are considering the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" under the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities, it should be understood the publication of such information in the press, broadcast on radio and television programs, demonstration in newsreel programs and other media, presentation in official characteristics, public speeches, statements addressed to officials, or a message in another , including oral, form to several or at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination.

A person's demand for the protection of honor, dignity or business reputation is subject to protection if the disseminated information is, firstly, defamatory, and secondly, untrue.

Defamatory information is such information that belittles the honor and dignity of a citizen or the business reputation of a citizen or legal entity in terms of ethical, moral principles, business customs, etc. In accordance with par. 2, clause 2 of the resolution of the Plenum of the Supreme Court No. 11, information containing statements about violation by a citizen or a legal entity of current legislation or moral principles (about committing a dishonest act, improper behavior in the work collective, everyday life and other information discrediting industrial, economic and social activity, business reputation, etc.).

In the order specified by the comment. Art., can not be considered claims to refute information contained in court decisions and sentences, decisions of the preliminary investigation authorities and other official documents, for the appeal of which a different procedure established by laws is provided (paragraph 3 of the Resolution of the Plenum of the Supreme Court No. 11).

Information discrediting a person must relate to the facts that have taken place (behavior of a person, his specific actions); value judgments (such as "sneaky person", "incompetent journalist", "unreliable organization") cannot serve as a basis for satisfying the claim, although it is often difficult to determine where the value judgment ends and the statement of fact begins.

The disseminated information must be untrue. Otherwise, no matter how discrediting this information may be, the person will be deprived of legal protection. In this case, the plaintiff is obliged to prove the very fact of the dissemination of information (paragraph 7 of the resolution of the Plenum of the Supreme Court No. 11), as well as the fact that the disseminated information is defamatory. The responsibility of proving the correspondence of the disseminated information to reality rests with the defendant.

Sometimes common information may be true, but at the same time defamatory. Thus, the dissemination of information that a person was undergoing treatment for a venereal disease may negatively affect the assessment of this person in the eyes of society. However, if this person applies to the court with a claim for the protection of honor and dignity, the court may refuse the plaintiff to satisfy his claims in view of the fact that the fact of treatment did take place. In this regard, some scientists propose to amend the relevant norm of the Civil Code in such a way that a person is provided with legal protection in the event of dissemination of information, although relevant to reality, but defamatory, except for cases when the dissemination of such information is necessary to protect rights and interests. other persons. Thus, the guardianship and trusteeship authorities and the prosecutor will be forced to announce in court the information they know about crimes or immoral acts committed by a person, if this person claims to become an adoptive parent. In such a situation, the dissemination of such information is necessary to protect the rights of the adopted child.

At the request of interested persons, it is allowed to protect the honor and dignity of a citizen after his death (see commentary to Article 150 of the Civil Code). Interested parties include the surviving spouse and close relatives (parents, children, brothers, sisters, grandfathers, grandmothers, grandchildren), since there are concepts such as family honor, surname honor, family honor (see also: Maleina M.N. . Personal non-property rights of citizens. M., 2000. S. 141). Some organizations can also be recognized as interested parties (for example, the Union of Composers of the Russian Federation, the Union of Writers of the Russian Federation, the Union of Theater Workers of Russia). The prosecutor can also bring such claims (Article 45 of the Code of Civil Procedure).

The main remedy provided by the comment. Art., is a refutation of information discrediting a citizen or legal entity.

If information defaming the honor, dignity or business reputation of a citizen or legal entity is disseminated in the media, they must be refuted in the same media. The defendants in claims for the refutation of information defaming honor and dignity or business reputation are the persons who disseminated this information. If the claim contains a requirement to refute information disseminated in the media, the author and the editorial staff of the corresponding media outlet are involved as defendants. The procedure for publishing a refutation and the grounds for refusing to publish a refutation are established by Art. 43-45 of the Law on Mass Media.

In claims for the refutation of defamatory information contained in the service characteristics, the defendants are the persons who signed them, and the enterprise, institution, organization on whose behalf the characteristic was issued (clause 6 of the resolution of the Plenum of the Supreme Court No. 11).

At the same time, the law does not oblige the plaintiff to preliminarily file a claim with the defendant, including in the case when the claim is brought against the mass media that disseminated defamatory information.

If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen or legal entity, the victim has the right to apply to the court with a statement declaring the disseminated information untrue. In this case, we are talking about the establishment of facts that have legal significance, therefore, such issues should be resolved in a special procedure in accordance with Ch. 28 of the Code of Civil Procedure.

A citizen or an organization in respect of which the media have published information that infringes on their rights or interests protected by law have the right to publish their response in the same media. The right to reply (comment, reply) is regulated in more detail by the Law on Mass Media (Article 46 of the Law).

Item 4 comments Art. essentially reproduces the norm contained in the Law on Enforcement Proceedings. In the event of non-execution without valid reasons of an enforcement document obliging the debtor to perform certain actions or refrain from performing them, within the time period established by the bailiff-executor, he shall issue a resolution on imposing a fine on the debtor in the amount of up to 200 minimum wages and assigns him a new deadline for execution ( Article 85 of the Law). In case of subsequent violations by the debtor without good reason, the new deadlines for the execution of the court order, the amount of the fine is doubled each time. Payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision.

An encroachment on the honor and dignity of a citizen and the business reputation of a citizen or legal entity can lead to adverse consequences in their property sphere (see, in particular, Information Letter of the Presidium of the Supreme Arbitration Court dated September 23, 1999 No. 46 "Review of the practice of resolving disputes by arbitration courts related to with the protection of business reputation "(Bulletin of the Supreme Arbitration Court. 1999. N 11). In this case, they have the right to demand compensation from the defendant. claim compensation for damages and compensation for moral damage (see Art. 151 of the Civil Code and the commentary to it) caused by their dissemination. compensation regardless of the fault of the inflictor.

Due to the fact that legal entities are a fiction, and therefore cannot experience physical or mental suffering, they have no right to compensation for moral harm.

The limitation period does not apply to claims for the protection of honor, dignity and business reputation (Article 208 of the Civil Code).

The honor and dignity of a citizen is also protected by criminal law. In the event that the actions of the person who disseminated information discrediting another person contain signs of a crime under Art. 129 of the Criminal Code (libel) or Art. 130 of the Criminal Code (insult), the victim has the right to apply to the court with a statement to bring the perpetrator to criminal responsibility, as well as to file a claim for the protection of honor and dignity or business reputation in civil proceedings.

Refusal to initiate a criminal case, termination of an initiated criminal case, as well as a verdict do not exclude the possibility of filing a claim for the protection of honor and dignity or business reputation in civil proceedings (clause 8 of the resolution of the Plenum of the Supreme Court No. 11).

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Article 152. Protection of honor, dignity and business reputation

1. A citizen has the right to demand in court the 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 done in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen 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 specified information has been disseminated in the media, has the right to demand, along with a refutation, the publication of his answer in the same media.

3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document emanating from the organization, such a document must be replaced or revoked.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this connection it is impossible to bring a refutation to the public, the citizen has the right to demand the removal of the relevant information, as well as suppression or prohibition of further dissemination of this information by means of seizure and destruction, without any compensation, of copies of material carriers containing the specified information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers.

5. If information discrediting the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to 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, shall be established by the court.

7. Application of measures of responsibility to the violator for non-execution of the 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 establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information is disseminated has the right to apply to the court with a statement declaring the disseminated information untrue.

9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, 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 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 specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of this information in the media is one year from the date of publication of such information in the relevant media.

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