A significant place among the democratic foundations of the state takes the recognition of the immutable freedoms like honor and dignity of all members of society.Dignity as an ethical category involves the internal symmetry of the human perception of their own "I" on the one hand, and the respect of the society towards the other.The concept of honor is closely linked with dignity, characterized in that the private and public perception of the individual in this case is based on the achievements and actions of man.The Russian Constitution declares unconditional right of everyone to protect the privacy of personal and family secrets, honor and good name.The development of this constitutional norm gets in the Civil Code, Article 152-I of which enshrines the right of citizens to judicial protection when threatened with the honor and dignity of the person, his business reputation.If it is violated by the defamation, the law imposes a burden of proof on the person who committed the popularization of compromising information.The law does not specify what information is considered defamatory, as their selection lies in the plane of the evaluation and can be individually clarify only for the particular case when the required protection of business reputation.At the level of explanation of the Supreme Court assigned to the discrediting information about illegal actions committed by a citizen, fraudulent acts of disorderly conduct in public or private life, dishonesty in business or politics.It should be borne in mind that it is only the false information in the case of the spread of compromising material containing true information to judicial protection should not count.What are the ways of protection offers the legislator when defamed honor and dignity?
If we are talking about facts that may be subject to verification, on the basis of Article 152 of the Civil Code the court decision may be imposed on the defendant the obligation to compensation for moral and physical suffering (non-pecuniary damage).If there are no facts in the dissemination of information does not pose, and contained only a value judgment, the protection of honor and dignity have to rely on themselves.For example, to publish in the same or another edition of note setting out its own views on the affected subject.If the negative information has been disseminated in a manner excluding the possibility of identification of the citizen who is responsible for this act, by a court may publish a formal rebuttal material.Thus, the good name of the person whose right to honor and dignity have been violated, would be restored.What can we expect from the court if you need the protection of honor and dignity?
Litigation post-Soviet countries, already has more than a dozen high-profile cases in the protection of the moral and ethical rights, becomes more real proof for moral damage in comparison with the Soviet practice, paid millions in compensation for the suffering.All this testifies to the growing importance of the individual to the state, which is inherent in a democratic system.
