Activities of a lawyer in cases of protection of honor, dignity and business reputation
Students Name: Kaptur Vira Ivanivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Kaptur V., Nimak M.(supervisor). Activities of a lawyer in cases of protection of honor, dignity and business reputation. Master’s thesis. – National University «Lviv Polytechnic», Lviv, 2020. Extended abstract In view of the Ukraine’s implementation of European legislation, the protection of universal values is one of the dominants of social progress. As defined in Article 17 of the International Covenant on Civil and Political Rights of 1966. and Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, everyone has the right to protection against unlawful encroachments on his honor, dignity and reputation [1]. These provisions correspond to Article 3 of the Constitution of Ukraine, which states: «a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value» [2]. The right to protection of honor, dignity and business reputation belongs to a special group of civil relations, because honor, dignity and business reputation exist regardless of their legal status and are inalienable and non-transferable. An analysis of judicial practice has shown that the number of disputes concerning the protection of personal non-property rights, including the right to compensation for moral damage, has increased significantly in recent years. They even began to talk about the «prestige of protecting» such rights. Study object– the relationship of protection of honor, dignity and business reputation. Scope of research– the activities of a lawyer in cases of protection of honor, dignity and business reputation. Goal of research:comprehensive analysis of the role of a lawyer in the protection of honor, dignity and business reputation. Briefly put the research results. The concepts in the field of protection of honor, dignity and business reputation are investigated in the work.It is concluded that the terms «honor», «dignity» and «business reputation» are interrelated, because they are based on a single criterion of morality [3, p. 16], which is inherent in non-property rights, so these concepts should be considered by combining with each other. The concept of «defamation» is investigated in the work. At the same time, attention is drawn to the fact that in the Ukrainian legislation this term is not popular in use, instead, the Ukrainian legislator operates with the concepts of «insult» and «slander». As for the concept of «defamation», it is traditionally understood as public dissemination of real or fictitious information that degrades the honor, dignity and business reputation of a citizen or organization, disgrace in the press in order to influence their performance [4, p. 256]. The subject of the work is also the legal regulation of the right to compensation, including moral damage. The work identifies ways to protect honor, dignity and business reputation and divides them into basic and special. In particular, the main ways to protect personal non-property rights include: - the requirement not to violate such rights; - the requirement to stop the violation of such rights; - demand for restoration of violated rights. Special methods of protection include: - restoration of the violated personal non-property right; - refutation of false information and the right to reply; - a ban on the dissemination of information that violates personal intangible rights [5]. The work also analyzes such a concept as «goodwill». Business reputation, in contrast to dignity and honor, has a property content, which is manifested in the cost of creating an image, increase the rating, prestige of the product and the subject itself [6, p. 213]. Based on the analysis of legislation and international acts, scientific recommendations for improving the legislation on the researched issues have been developed. Key words: honor, dignity, business reputation, defamation, personal inalienable rights, methods of protection, moral damage. References. 1. Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, (1950). URL: https://zakon.rada.gov.ua/laws/show/995_004#Text (accessed 03.10.2020) 2. The Constitution of Ukraine of June 28, 1996 / TheVerkhovnaRadaofUkraine. InformationoftheVerkhovnaRadaofUkraine. 1996. № 30. Art. 141. 3. AnisimovA.L. (1994). Honor, dignity, business reputation: civil protection. M .: Jurist. 80 p. 4. Legal encyclopedia. Ed. Y.S. Shemshuchenko. Kyiv: “Ukr. encyclopedia "them. M.P. Bazhana.: K. (1998). 672 p. 5. Civil Code of Ukraine of January 16, 2003 № 435-IV / TheVerkhovnaRadaofUkraine. InformationoftheVerkhovnaRadaofUkraine. 2003. № 40. Art. 356. 6. Sirotenko S. (1999). Some features of the application of rules on compensation for moral (non-pecuniary) damage to business entities. Bulletin of the Academy of Legal Sciences of Ukraine. 1. 214–218.