A significant place among the democratic foundationsThe state recognizes such immutable freedoms of a person as the honor and dignity of all members of society. Dignity as an ethical category presupposes a symmetry of the person's internal perception of his own "I" on the one hand, and respect from society to him on the other. The concept of honor, closely connected with dignity, differs in that the personal and public perceptions of personality are based in this case on the achievements and actions of man.
The Constitution of the Russian Federation declares the unconditional righteach for the protection of privacy, personal, as well as family secrets, honor and good name. Development of this constitutional norm is received in the Civil Code, article 152 of which establishes the right of citizens to judicial protection in cases when the honor and dignity of a person, his business reputation were under threat. If it is violated by the dissemination of defamatory information, the law places the burden of proof on the person who allowed the dissemination of compromising information. The law does not specify what information is considered defamatory, since their allocation lies in the appraisal plane and can only be clarified individually for a specific case when protection of business reputation was required. At the level of clarification of the Plenum of the Supreme Court, the discrediting information relates to the commission by the citizen of illegal actions, dishonest acts, dishonest behavior in private or public life, dishonesty in business or politics. It should be borne in mind that it is only about unreliable information, and in case of dissemination of compromising material containing true information, it is not worthwhile to count on judicial protection. What are the ways to protect the legislator in cases when defamation of honor and dignity?
If we are talking about facts that can beare subject to verification, then on the basis of Article 152 of the Civil Code of the Russian Federation, a judicial decision on the defendant may impose a duty to compensate for moral and physical suffering (moral damage) caused. If no facts were disseminated in the disseminated information, and only estimated judgments were made, then one would have to rely on oneself to defend one's honor and dignity. For example, publish in the same or another publication a note with a statement of your own point of view on the topic. If negative information was disseminated in a way that excludes the possibility of identifying the identity of the citizen responsible for this act, a court decision may publish official material with a refutation. Thus, the good name of a person whose rights to honor and dignity have been violated will be restored. What can you expect from the court if you need protection of honor and dignity?
Judicial practice of the post-Soviet countries is alreadycounts more than a dozen high-profile cases in the field of protection of moral and ethical rights, it becomes more realistic to prove the moral harm caused in comparison with Soviet practice, millions of compensation for suffering are paid. All this testifies to the growing importance of the individual for a state that is inherent in a democratic system.
