Article 152 of the Civil Code of the Russian Federation establishes rules aimed at protecting honor, dignity and business reputation. In General, these rules are dedicated to countering defamation. However, the scientific community still does not have a unified position on the definition of defamation, which complicates the practice of application in civil cases. The purpose of the work is to develop proposals for the development of defamation norms in the field of protection of intangible goods. The study is based on the analysis of the Convention for the protection of human rights and fundamental freedoms, the Civil Code of the Russian Federation, Criminal Code of the Russian Federation, of the Russian code of administrative offences, law of the European Court of human rights, the Supreme court of the Russian Federation on the protection of intangible benefits, including the protection of honor, dignity and business reputation and comparison with the civil law of France and Germany. As a result of the research, the features of civil, criminal and administrative liability for defamation were studied. Reasonable proposals have been prepared to fix the term "defama- tion" in the civil code of the Russian Federation and to establish the limits of protection against defamation. Based on the study of judicial practice, recommendations have been prepared to distinguish evaluative opinions from statements of a factual nature.
|
