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Publication date: 24.04.2024
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Ukraine has various mechanisms in the legislation to protect the honor and dignity of citizens. One of them is the possibility of filing a lawsuit to protect honor and dignity.
The legislation of Ukraine provides for the possibility of protecting honor and dignity through a civil process. A person who believes that his honor and dignity has been violated due to the publication of false information or other actions can file a lawsuit in court. The court will consider the evidence presented by both sides and decide on the violation of rights and dignity. If a violation is recognized, the court may award moral damages and require a public rebuttal in accordance with the law.
Dignity is the inner value of each person, which reflects their personal sense of self-worth and self-respect.
Honor is an external social assessment that is based on the actions and behavior of a person and corresponds to the general norms of morality and socially accepted standards.
As for business reputation, it is a public assessment of a person's professional qualities and abilities in the performance of his work or professional duties. In the case of legal entities, such as sole traders, lawyers, notaries, business reputation reflects their entrepreneurial, public or professional activities and can have a significant impact on their attitude towards them as participants in public relations.
Protection of dignity is a concept that covers various aspects, including the protection of human rights, dignity and freedom of the individual. This can include the fight against discrimination, the fight for women's rights, protection against violence and exploitation.It can also encompass the struggle for political, economic and social rights. In general, protecting dignity means creating conditions in which every person can live in dignity and security, where their rights and freedoms are respected and protected.
Article 277 of the Civil Code of Ukraine regulates the procedure for refuting inaccurate information. The main purpose of this article is to protect the rights and interests of a person who has become the object of inaccurate information. According to this article, a person who has spread false information about another person is obliged to immediately refute this information if it is not true. The rebuttal must be carried out in the same mass and form as the dissemination of false information, and must also be made public in the same source of mass information.
If the person who spread the false information refuses to refute it, the victim has the right to apply to the court with a claim to refute the false information.
Therefore, Article 277 of the Civil Code of Ukraine provides an opportunity to protect the rights and interests of a person in case of dissemination of inaccurate information, by providing the opportunity to refute such information and to compensate for the damage caused.
The plaintiff has the right to choose the method of protection of his civil rights, in particular compensation for damages and other methods of compensation for property damage, as well as compensation for moral (non-property) damage.
In accordance with the current legislation of Ukraine, the specified choice must be proper, effective and legitimate.This means that the plaintiff has the right to choose the method of protection that meets his interests and needs and is effective in achieving the goal of protecting his rights. At the same time, the chosen method of protection must be within the limits established by law, which ensures its legality.
Participating in a court hearing to protect honor and dignity can be very important for the plaintiff, especially if it concerns a violation of his rights or damage to his reputation.
A lawyer can be a key figure in this process, as he has not only legal knowledge, but also experience in protecting the rights and interests of his clients. Such a professional will be able to provide the necessary legal support, conduct the case in court and protect the rights and interests of the plaintiff.
During the participation in the court session, the lawyer can:
Represent the plaintiff's interests before the court.
Prepare and present evidence that confirms the violation of honor and dignity.
Argue the client's legal positions and requests before the court.
Protect the interests of the client during the questioning of witnesses and other participants in the legal process.
Conduct negotiations with other parties or their representatives.
In order to provide a full-fledged legal analysis of the situation and draw a legal conclusion, more detailed information about the specific situation is required. To write a lawyer's request that deals with the protection of honor and dignity or business reputation, it is important to follow some key principles and structure, analysis of the situation by a lawyer. A legal opinion typically involves a thorough analysis of legal issues and provides guidance or recommendations based on applicable laws and regulations. It is important that the writing of the lawyer's request is well structured and supported by evidence.
