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Introduction

The urgency of a theme of research is predetermined by the introduction of a modern society into the new stage of development connected with strengthening of its involvement into an information field, at obvious absence of legislative regulation of public relations symmetric to scientific and technical changes in sphere of protection of the rights to the intangible benefits (first of all - business reputation) legal bodies and the citizens who are engaged in business or other professional work.

In any professional environment and furthermore in business, value of spotless business reputation is great. But vulnerability of this intangible benefit, first of all with reference to the organisations, in view of nerazrabotannosti corresponding positions of a positive law is so great also. The main offence here - a defamation. Opened inconceivable before possibilities fast wide and time of anonymous distribution false discrediting business reputation of the person of the information is inadmissible to leave without appropriate attention from the law. Meanwhile concrete recommendations about perfection of the designated aspect of operating standard legal base sound infrequently, many civil researches here are limited to academic calculations (which development, however, also it is obviously necessary).

The changes which have become effective on October, 1st, 2013 of chapter 8 of the Civil code of the Russian Federation (further - GK the Russian Federation), accepted within the limits of reform of the civil legislation, have not provided with answers all urgent questions and assume the further modernisation of norms GK the Russian Federation in sphere of protection of the rights to the intangible benefits. Considering the problems revealed by practice and offers actively developed by a science on perfection of effective standards, revision of positions GK the Russian Federation about protection of the rights to the intangible benefits have been expected, however to establish, that all available blanks of the legal
Regulations are eliminated, and the changes made to the law completely correspond to requirements of practice, still it is not possible.

With evidence the steadfast attention of the legislator and scientists to features of the mechanism of protection of the right to business reputation of legal bodies and individual businessmen (owing to specificity of influence of belittling of the specified intangible benefit on existence of subjects - its carriers) in order to avoid a situation at which individual businessmen, and in even bolshej degrees - legal bodies, appear unreasonably deprived in means of upholding of the non-property rights and interests that is capable to shake a principle of equality of a legal regime for all subjects of civil law is necessary.

Naturally, that nesformirovannost a reliable legal support for vessels in decision-making on affairs about protection of the right to business reputation of the organisations and individual businessmen, absence of uniform reference points meeting public requirements negatively influence on pravoprimenitelnuju to practice. Under similar claims courts quite often make opposite decisions, on what the judiciary practice studied by the author testifies.

It is necessary to underline at once, that the right to business reputation and its protection possess not only any legal bodies (both commercial, and noncommercial), not only the state and municipal bodies to which the mode of legal regulation established for legal bodies is extended, but also citizens-professionals out of business sphere (medical workers, teachers, lawyers, officials, politicians etc.).

Almost all positions of work about protection of the right to business reputation of individual businessmen concern and the citizens who are engaged in other professional work (the exception constitutes otstaivaemaja in the dissertation possibility for businessmen to demand indemnification of distinct from moral non-material harm). An orientation of the present work on research of protection of the right to business reputation of citizens -

Businessmen speaks not only what these citizens in sphere of the professional work are equated to legal bodies (and. 3 items 23 GK the Russian Federation), protection of the right to which business reputation is a little studied (to enterprise activity of citizens the rules regulating activity commercial, and subsidiarno - and the noncommercial organisations), but also that as judiciary practice shows, the business reputation of these subjects is especially vulnerable are applied, and its belittling is fraught with considerable costs up to bankruptcy, and in relation to them proving of belittling of the named intangible benefit is the most difficult. The theory and practice of collecting of indemnification of moral harm in favour of the citizens who are not carrying out enterprise activity, have rather settled, it devotes numerous proceedings, including dissertations that you will not tell about indemnification of non-material harm to legal bodies and the individual businessmen, demanding separate deep studying. At the same time all general provisions on protection of the right to the business reputation, fixed in rules of law and investigated in the dissertation, to the full concern all citizens-professionals (as well as to all organisations) as to subjects of civil law that is repeatedly underlined in the work text.

In the dissertation (with reference to special aspects demanding that) results of the international and foreign experience of development of legal thought concerning the selected circle of problems, and also reflexion of the last in the Russian historical legal heritage are considered.

Degree of a scientific readiness of a theme of research. Last three decades by the Russian scientists more and more attention it is given to consideration not only the intangible benefits in general, but also business reputation of legal bodies, subjects of business - in particular. However, despite the increased number of the scientific publications devoted to these theme and dissertations, debatable questions are not settled, to many problems still is not developed uniform approaches (among them concept the business
Reputations, it otgranichenie from concepts of honour, advantage, a reputation, gudvill, allocation of subjects and the moment of occurrence of the right of defence of business reputation, possibility of protection of the right to business reputation and assignment concerning it after the termination of the subject - its carrier), źwhite stains╗ both ambiguity in the legislation and judiciary practice still are not liquidated (it concerns, for example, conditions of publication of the answer as way of protection of the right to business reputation of legal bodies, otgranichenija the answer from a remark and the comment, revealing of possible forms of a refutation as legal protection frame from a defamation, questions on existence and indemnification of the non-material harm caused to the legal body and the individual businessman, correct terminology in corresponding sphere, applications of bringing of public apologies at protection of the right to business reputation of individual businessmen and other citizens). From time to time appearing, but not eliminating źlegal deadlocks╗ fragmentary legislative editings and explanatories of the higher degrees of jurisdiction each time demand new doktrinalnogo discussion. The specified circumstances testify to necessity of the further profound research of a problem of protection of the right to business reputation of the organisations and citizens-businessmen.

The author had been studied already available author's abstracts of dissertations and the dissertations devoted as the general theory of the intangible benefits and the non-property rights, and civil-law protection of the right to business reputation of legal bodies and individual businessmen: O.S.Ajupova's works źprotection of business reputation of the legal person against a defamation in civil law of Russia╗ (Tomsk, 2013), A.R.Gusalovoj źCivil-law protection of business reputation╗ (Vladikavkaz, 2012), O.V.Karajchevoj źBusiness reputation as object of the civil rights╗ (Rostov-on-Don, 2014), V.V. Kilinkarova źthe Right to business reputation of subjects of enterprise activity╗ (St.-Petersburg, 2011), O.A.Kuliusha źprotection of business reputation of subjects of enterprise activity╗
(Moscow, 2011), A.A.Timerhanova źBusiness reputation of the legal person╗ (Moscow, 2013) and others.

Research objectives are the complex analysis of the mechanism of protection of the right to business reputation of legal bodies and citizens-businessmen in Russia, the all-round characteristic of its current condition, revealing of problems existing in given sphere and a finding of effective remedies of their decision, completion available legislative and doktrinalnyh blanks the proved offers on modernisation of the domestic legislation, with use, including, the comparative analysis of the domestic and foreign right.

Achievement of objects in view is served by performance of following problems:

1) disclosing of semantic filling of a legal category źbusiness reputation╗, revealing of its signs, parities with adjacent categories (honour, advantage, a reputation, gudvill business), definition of a circle of owners of business reputation, the moments of its occurrence and the termination, and is equal to possibility concerning it assignment;

2) disclosing of sense of a legal category "defamation", its consideration in raznootraslevyh planes (first of all, in civil law sphere), allocation of independent structures of offences close to it, their differentiation;

3) the responsibility characteristic at belittling of business reputation of the organisations and individual businessmen, development of adequate approaches to the decision of the problems, discrediting statements of estimated character concerning promulgation (judgements, opinions), giving the bases to draw on the person deserving censures conclusions;

4) the subject analysis of separate problem questions of an order of protection of the right to business reputation of legal bodies and individual businessmen, including about periods of limitation under requirements of a corresponding category, and also about measures on maintenance of the given sort of claims;

5) research of all ways of protection of the right known at present to the Russian civil legislation on business reputation of the organisations and individual businessmen and connected with each of these ways of problems;

6) detailed consideration not reflected in the Russian civil legislation, but actually taking place legal phenomenon of the non-material harm caused to legal bodies, a substantiation of official fastening of the right of the organisations on its indemnification, criteria of definition of the size that, an estimation of possibility of its collecting in favour of individual businessmen;

7) the introduction argument in the domestic legislation of such way of protection of the right to business reputation of individual businessmen (and other citizens), as bringing of public apologies.

Object of research are the public relations arising in connection with belittling of business reputation (first of all in the form of a defamation) and protection of the right to business reputation of legal bodies and individual businessmen.

As object of research the rules of law regulating specified public relations, and also judiciary practice of their application act.

Methodology and research methods. At the heart of research methodology the general scientific method of dialectic materialism lays. In a complex of others used at a writing of work of general scientific tools - methods of formal logic, the analysis and synthesis, an induction and deduction, analogy, system-structural, functional approaches. Among the applied private methods of scientific search - legallistic, historical, rather-legal, statistical, a method of legal modelling. In work grammatical, is formal-logic, regular and historical kinds of interpretation of rules of law are used.

The theoretical basis of research was constituted by proceedings by the civil, enterprise right, general theory of law,
To economic science and linguistics. Among the authors who have brought (during the pre-revolutionary, Soviet and modern period) the scientific contribution to their studying: O.S.Ajupov, M.S.Belashova, A.V.Belyavsky, V.V. Bykovsky,

A. A.Vlasov, E.V.Gavrilov, K.I.Golubev, A.R.Gusalova, O.N.Yermolov, E.A.Ershov, J.G.Ivanenko, O.S.Ioffe, K.V.carp, V.V. Kvanina,

B. V.Kilinkarov, O.A.Krasavchikov, L.O.Krasavchikova, N.M. Smiths, O.A.Kuliush, So-called Makarova, M.Makovej, N.S.Malein, M.N.Maleina, I.A.Mihajlova, S.V.Narizhny, E.L.nevzgodina, N.J.Nikulicheva,

O. I.Osadchaja, O.A.Peshkov, V.S.Plotnikov, O.V.Plotnikova, S.V.potapenko, N.A.Pridvorov, E.P.Redko, G.M.Reznik, M.A.Rozhkova, V.D.Ruzanova, J.Z.Sahapov, K.I.Sklovsky, JA.V. The Sokolov, A.G.Suprunov, A.A.Timerhanov,

P. P.Timeshov, M.J.Tikhomirov, A.V.Trofimenko, I.V.Tjulenev, P.G.Fyodorov, E.A.Flejshits, I.JA.Fojnitsky, N.G.Frolovsky, E.A.Chefranova,

Z.B.Havzhokova, A.M.Erdelevsky, etc.

In the dissertation works of foreign scientists are considered also: S.L. Baron,

C. E Carroll, E Chang, T Dillon, G.A. Jentz, F.K. Hussain, E.L. Lamoureux, R.J. Miller, L.M. Parkinson, M.G. Parkinson, Stewart C.

Standard base of research are the Constitution of the Russian Federation, the international legal acts, the Russian civil, grazhdansko-remedial, administrative both criminal legislation and subordinate legislation standard legal acts, and also (in respect of the comparative analysis) corresponding rules of law in foreign laws and orders.

The empirical basis of research is presented by certificates Constitutional, Supreme, the Higher Arbitration (till August, 6th, 2014) Vessels of the Russian Federation, extensive judiciary practice of arbitration courts and general jurisdiction vessels on affairs about protection of the right to business reputation of legal bodies and individual businessmen (it is analysed more than 500 affairs; comparison of the judiciary practice which was taking place before changes GK the Russian Federation in 2013 and after them), by certificates of the European court under human rights is spent.

Supervising decisions, circulars, reviews of judiciary practice of the higher courts of justice are exposed to the analysis.

Scientific novelty of research. In work the original scientific concept of the decision of the problems connected with civil-law protection of the right to business reputation of legal bodies and individual businessmen is presented. Scientific novelty of the dissertation is caused by author's research of the mechanism of protection of the right to business reputation of the organisations and citizens-businessmen, wide scope of ambiguous legal questions in the given sphere, many of which are investigated for the first time or in an innovative key. A number not known to the current legislation and the doctrine significant in a context of a shined theme of legal designs and terms (among them misinformation, discredit, positive and (or) a truthful image of the person, bringing of public apologies) is entered. A number of classifications of the phenomena investigated in the dissertation that promotes the fullest characteristic of the last (so is built and proved from the point of view of the importance for protection of the right to business reputation ordering of the offences carried to a defamation (for example, is offered at independent allocation of misinformation and discredit), special ways of protection of the right to business reputation, refutations). Conceptually worked specific proposals on system perfection of norms GK the Russian Federation connected with protection of the right on being in centre of research the intangible benefit of the organisations and citizens-businessmen are brought. New edition of article 152 and other articles GK the Russian Federation is proved considering correcting definitions formulated and given reason by the author, projects of new articles GK the Russian Federation in corresponding sphere (they are presented in the appendix to work) are offered. Separately it is necessary to note multidimensional author's consideration real-life, but yet the legal phenomenon of the non-material harm caused to legal bodies not apprehended by the Russian legislation, and indemnification of such harm. For the first time it is developed introduction in the civil is proved
The legislation of bringing of public apologies as a way of protection of the rights of individual businessmen and other citizens.

In work the following positions which are taken out on protection are formulated:

1. In the absence of legal definitions of categories of honour, advantage, business reputation and in the presence of their set doktrinalnyh definitions the expediency of fastening of these concepts with an explanation of their maintenance at level of the supervising decision of Plenum of the Supreme Court of the Russian Federation that will promote formation of the harmonous conceptual device in sphere of protection of the rights to the intangible benefits and to uniformity in pravoprimenitelnoj to practice is proved. In work it is offered and disclosing of the maintenance of the specified intangible benefits is proved. The term "reputation", on a substantiation of the author, is identical to concept of honour, does not possess independent value and the Russian Federation deserves an exception of norms GK.

The defamation is considered by the author as infringement of norms of the civil customs, consisting in distribution mismatching the validity the data, discrediting honour, advantage or business reputation of the citizen (business reputation of the legal person). The conclusion about consideration as a defamation of distribution not only false discrediting business reputation of the victim of statements about the facts, but also those negative opinions, judgements, messages-estimations which bear in itself ascertaining of the facts and their subsequent analysis is given reason.

Defamation differentiation in various branches of law is carried out. It is proved otgranichenie defamations from the adjacent phenomena already regulated by civil-law norms or applying for getting to sphere of their regulation in the near future. Thereupon necessity of allocation along with a defamation of encroachments on honour, advantage and business reputation in the form of misinformation and discredit is scientifically proved, for the purpose of disclosing of the maintenance and legal essence of the last their definitions are offered and given reason. Misinformation -
Distribution of any not carrying discrediting character, but data mismatching the validity on the citizen or the legal body. Discredit - deliberate distribution corresponding to the validity discrediting honour, advantage or business reputation of the citizen of data. In work structures of corresponding offences are designed and the sanction for their fulfilment, thus application of sanctions for discredit it is supposed only in case the distributor of data will not prove, that they are made by property of the public in interests of last.

2. Defamation classifications, in particular, depending on a way of distribution of the false discrediting information are spent and proved: 1) not qualified defamation; 2) a defamation in mass-media; 3) a documentary defamation; 4) a latent defamation; depending on character of widespread falsehoods with negative konnotatsiej: 1) professional, or business, a defamation; 2) a personal defamation; 3) a public defamation. Ordering of an investigated offence allows to define as much as possible precisely korrespondirujushchie sodejannomu sanctions, to shine spheres of display of a defamation, a circle of persons on which influence is carried out at its fulfilment, and also areas of data through which it is damnified business reputation of the victim. Practical value of the given classifications is shown and in assistance to definition of optimum ways of protection and the circumstances estimated in litigation.

3. It is proved, that the business reputation of the legal person who have ceased existence, the died citizen (including the businessman) ceases existence together with it that is why protection of the right to it is impossible. Introduction in the concept legislation źpositive and (or) a truthful image of the person╗ - developed at a society, its separate representatives opinion on already nonexistent person, its qualities, acts, activity characteristics in any (in particular, enterprise) Is offered to sphere. Fastening on legislative is expedient
Level of the right of non-property character arising at interested persons on protection positive and (or) a truthful image of the died citizen or the liquidated organisation, meaning cancellation of an effective standard of paragraph 2 and. 1 items 152 GK the Russian Federation. It is proved, that by reorganisation the business reputation of the organisations-assignees or is formed on the basis of business reputation pravopredshestvennikov (at allocation, division, merge, transformation), or changes under the influence of that (at joining). Degree of such interrelation comes under to proving.

4. Refutation definition as messages of the distributor of data on their discrepancy of the validity, directed on informing of persons among which such data have been extended, and on change of the developed incorrect public opinion by that about characteristics of the subject of protection is formulated and is proved. Refutation forms (accurate vision of the last is absent in a positive law and the doctrine) are allocated and characterised: a refutation in those mass media (further - mass-media), where doubtful data have been extended (and. 2 items 152 GK the Russian Federation), a refutation in the letter to the concrete person (persons), to whom (which) earlier sent the letter (letters) with such data (is necessary to include the mention of such refutation in and. 2 items 152 GK the Russian Federation), and also a refutation in the way providing its finishing to users of a network "Internet" (and. 5 items 152 GK the Russian Federation).

5. Reveals legal kategorizatsija ways of possible reaction of the person on which informations have been spread, on their distribution in the form of the answer, the comment and a remark. The maintenance of data related, for the first time differentiated by the author of the dissertation, concepts is absent in the civil legislation (including about mass-media), that counteracts uniformity of judiciary practice. The answer - the message containing a refutation of any data and (or) counterarguments to any arguments, proceeding from the person whom such data and (or) arguments concern. The comment - the message,
Containing specification, addition or interpretation of any data or arguments without obviously expressed contradiction it. The Remark - the insignificant message on the volume, representing insignificant updating of any data or arguments in the form of additions or objections.

6. The idea about necessity of complex reconsideration for the civil legislation of institute of protection of the right to business reputation of the organisations, meaning fastening in GK the Russian Federation concepts of the non-material harm caused to the legal body, not identical to moral harm to the citizen, indemnification of such harm as an independent way of protection of the civil rights, and also the mechanism of its realisation is stated and proved.

The non-material harm caused to the legal body is proved, that, shown 1) in actually negative changes in the intangible benefit of the organisation or in the non-property right belonging to it and 2) in capable to arise because of them not giving in to exact calculation negative vnutriorgaiizatsionnyh the phenomena of non-property character, indirectly or in the long term dangerous to activity of the legal person as a whole, in particular, for sphere of its property rights (an obstacle in management of the company, anxiety and the inconveniences caused to members of the administrative board of the company and labour collective, the general deterioration of an intracorporate climate, turnover of staff etc.).

7. It is proved, that non-material harm of the individual businessman can take the form both moral harm of the citizen, and non-material harm of the legal person. Sees correct to give the option between two corresponding ways of protection of the rights to the victim. Payment of both indemnifications as both would appear would be unacceptable are directed on smoothing of the same consequences of an offence.

8. The requirement of the domestic law and order for a new way of protection of the civil rights is given reason, the following solvency is proved
Its definitions: bringing of public apologies as a perspective way of protection of the rights of citizens (including individual businessmen) - a recognition the infringer of the wrongfulness in fulfilment of illegal act and its reference to the victim with the request for a pardon. Fastening of bringing of public apologies as an independent way of protection of the civil rights in item 12 GK the Russian Federation in the form of the general (i.e. the suitable right for protection on any intangible benefit), and also in item 152 GK the Russian Federation - for application Is offered at protection of the rights to honour, advantage and business reputation of physical persons, including individual businessmen.

The theoretical importance of work. In the dissertation the conceptual device serving the mechanism of protection of the right to business reputation of legal bodies and individual businessmen is generated. Within the limits of research classifications of the legal phenomena connected with its theme for their fullest analysis are built. The received conclusions are of interest for a civil law science, in particular, for the subsequent scientific working out of problems of protection of the rights to the intangible benefits and especially business reputation of the organisations, citizens-businessmen, any other citizens-professionals.

The practical importance of work. Results of research can be used for perfection of the civil legislation, namely system of the norms regulating public relations, arising at belittling of business reputation of the organisations and individual businessmen, and also for achievement of necessary uniformity of judiciary practice on the given category of disputes. They are applicable and in teaching of courses of the civil and enterprise right, special courses about protection of the rights to the intangible benefits in sphere of business and other related subjects.

Degree of reliability of research. Sufficient degree of reliability of conclusions of the dissertation, corresponding to a work format, is caused by the all-round analysis of essential volume of an empirical material (it is studied as practice of domestic courts of justice, and

The European court under human rights - with instructions in the dissertation of footnotes on the concrete studied quarrels at law), and also a significant amount of the theoretical sources presented by scientific works of the Russian and foreign scientists.

Approbation of results of research. The dissertation is prepared on chair of civil law of faculty of law of Omsk state university of F.M.Dostoevsky where its expert estimation and reviewing are spent. Basic theoretical conclusions containing in research and ideas of an applied orientation on updating of the legislation and efficiency increase pravoprimenitelnoj were stated to activity by the author in 2013 - 2016 at scientifically-practical conferences and the round tables spent on the basis of Omsk state university of F.M.Dostoevsky and Omsk academy of the Ministry of Internal Affairs of Russia, and reflected in 16 author's works presented by the international scientific publication, articles in leading reviewed magazines and the monography published by publishing house źLAP LAMBERT Academic Publishing╗ in 2016 Dissertation materials are used by the author at carrying out lecture and a practical training on disciplines źthe Erazhdansky right╗ and źthe Enterprise right╗ to faculty of law of Omsk state university of F.M.Dostoevsky.

Work structure. The dissertation consists of the introduction, four heads consolidating eight paragraphs, the conclusions, the list of the used sources and the appendix containing the offers given reason in work on change of the current legislation.

Chapter 1. Key concepts of sphere of civil-law protection of the right to business reputation of legal bodies and individual businessmen

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A source: Parygina Natalia Nikolaevna. PROTECTION of the RIGHT TO BUSINESS REPUTATION of LEGAL BODIES And INDIVIDUAL BUSINESSMEN UNDER the CIVIL LEGISLATION of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Omsk -. 2017
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More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction
  18. Introduction