home In contact with Civil Code of the Russian Federation (Civil Code of the Russian Federation). Civil Code of the Russian Federation (Civil Code of the Russian Federation) Article 152 of the Civil Code of the Russian Federation

Civil Code of the Russian Federation (Civil Code of the Russian Federation). Civil Code of the Russian Federation (Civil Code of the Russian Federation) Article 152 of the Civil Code of the Russian Federation

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right to free movement, choice of place of stay and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible benefits that belong to a citizen from birth or by virtue of law, are inalienable and non-transferable in any other way. In cases and in the manner prescribed by law, personal non-property rights and other non-material benefits that belonged to the deceased may be exercised and protected by other persons, including the heirs of the copyright holder.

2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and those limits in which the use of methods of protecting civil rights () follows from the essence of the violated intangible right and the nature of the consequences of this violations.

Article 151. Compensation for moral damage

If a citizen has suffered moral harm (physical or mental suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for this harm.

When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person who is harmed.

Article 152. Protection of honor, dignity and business reputation

At the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death.

2. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media mass media, they must be refuted in the same media.

If the specified information is contained in a document issued by the organization, such a document is subject to replacement or withdrawal.

The procedure for refutation in other cases is established by the court.

3. A citizen in respect of whom the mass media have published information that infringes on his rights or interests protected by law has the right to publish his answer in the same mass media.

4. If the decision of the court is not executed, the court shall have the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to the income of the Russian Federation. The payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision.

5. A citizen in relation to whom information has been disseminated that discredits his honor, dignity or business reputation, has the right, along with the refutation of such information, to demand compensation for losses and moral harm caused by their dissemination.

6. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true.

Civil Code, N 51-FZ | Art. 152 of the Civil Code of the Russian Federation

Article 152 of the Civil Code of the Russian Federation. Protection of honor, dignity and business reputation (current edition)

At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in relation to whom the specified information has been disseminated in the media has the right to demand, along with a refutation, the publication of his answer in the same media.

3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document issued by the organization, such a document must be replaced or revoked.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this regard, the refutation cannot be brought to the general knowledge, the citizen has the right to demand the removal of the relevant information, as well as suppress or prohibit the further dissemination of this information by seizure and the destruction, without any compensation, of copies of material carriers containing the indicated information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers.

5. If information defaming the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, shall be established by the court.

7. The application of measures of responsibility to the violator for non-execution of the court decision does not relieve him of the obligation to perform the action provided for by the court decision.

8. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in relation to whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true.

9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 - 9 of this article, with the exception of provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.

11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, shall accordingly apply to the protection of the business reputation of a legal entity.

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Commentary on Art. 152 of the Civil Code of the Russian Federation

1. Honor, in other words, a good name is the perception of the subject by himself, as well as by others, from the point of view of the personal qualities of the subject.

Dignity is traditionally understood as self-esteem, the perception of the subject (individual) of himself.

The business reputation of an individual, as well as a legal entity, is understood as the prevailing perception, not by this person, but by other persons, of the professional qualities of an individual or legal entity that has individual advantages over other entities engaged in similar activities.

These intangible benefits are protected by current legislation (in particular, criminal liability for libel, i.e. the dissemination of deliberately false information discrediting the honor and dignity of another person or undermining his reputation, is provided for by Article 128.1 of the Criminal Code of the Russian Federation).

A manifestation of violation of honor, dignity, business reputation may be the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities.

The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities means the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in service characteristics, public speeches, statements addressed to officials, or a message in one form or another, including oral, form to at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination if the person who provided the information has taken sufficient confidentiality measures so that they do not become known to third parties.

Information that does not correspond to reality is statements about facts or events that did not take place in reality at the time to which the disputed information relates. The information contained in court decisions and sentences, decisions of the preliminary investigation bodies and other procedural or other official documents, for the appeal and dispute of which otherwise is provided, cannot be considered as untrue. statutory judicial order (for example, the information contained in the order of dismissal cannot be refuted in accordance with Article 152 of the Civil Code of the Russian Federation, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

Defamatory, in particular, is information containing allegations of violation by a citizen or legal entity current legislation, committing a dishonest act, wrong, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activity, violation business ethics or business customs that belittle the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

By general rule the obligation to prove this or that circumstance lies with the person who indicated this circumstance (part 1 of article 56 of the Code of Civil Procedure of the Russian Federation). However, in cases of protection of honor, dignity and business reputation, the responsibility to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the defamatory nature of this information.

When spreading untrue, defamatory information about minors or incapacitated citizens, claims for the protection of their honor and dignity may be brought by their legal representatives (for example, parents). After the death of a citizen, the protection of his honor, dignity and business reputation may be initiated by his relatives and (or) heirs.

2. When satisfying a claim for the protection of honor and (or) dignity and (or) business reputation, the court in the operative part of the decision is obliged to indicate the method of refuting untrue discrediting information and, if necessary, set out the text of such a refutation, which should indicate exactly what information are untrue defamatory information, when and how they were disseminated, as well as determine the period within which the refutation must follow. A rebuttal disseminated in the media can be clothed in the form of a message about the adopted this case judgment, including the publication of the text of the judgment.

As a general rule, a court decision to refute information discrediting honor, dignity and business reputation must be executed voluntarily. Otherwise, after the entry into force of the court decision, the person has the right to apply to the court for the issuance of a writ of execution to apply to the bailiff service for the purpose of its subsequent compulsory execution. In cases of non-fulfillment by the debtor of the requirements contained in the enforcement document, within the period established for voluntary execution, within 24 hours from the date of receipt of a copy of the bailiff's order to initiate enforcement proceedings, the bailiff-executor shall issue a resolution to collect the enforcement fee and establish a new deadline for the debtor for execution. And if the debtor fails to fulfill the requirements contained in the court order, without good reason in again set time the person may be, according to Part 2 of Art. 105 ФЗ dated 02.10.2007 N 229-ФЗ "On Enforcement Proceedings" brought to administrative responsibility under Art. 17.15 of the Administrative Code of the Russian Federation, and in case of further non-execution of the court decision - up to the criminal one (according to Art. 315 of the Criminal Code of the Russian Federation).

Having assessed, in accordance with the requirements of Chapter 7 of the Code, the evidence presented by the parties, in their totality and interrelation, based on the factual circumstances of the case, guided by Article 152 of the Civil Code of the Russian Federation, Review of the practice of court consideration of cases on disputes on the protection of honor, dignity and business reputation, approved by the Presidium Of the Supreme Court of the Russian Federation 03/16/2016, the court of appeal, canceling the decision of the court of first instance, proceeded from the fact that the product was shown in the frame, marked trademark"Blagoyar", the copyright holder of which is the society ...

Decision of the Supreme Court: Determination N 4-KG17-6, Judicial Collegium for Civil Cases, cassation

In addition, the appellate court, while satisfying the plaintiff's claims to recognize the information as untrue and discrediting her honor, dignity and business reputation, did not take into account that the way to protect the right, provided for in paragraph 1 of Article 152 of the Civil Code of the Russian Federation, is a refutation that does not correspond to reality, defaming the honor, dignity and business reputation of information, and not their recognition as such ...

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Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

New edition of Art. 152 of the Civil Code of the Russian Federation

At the request of interested persons, it is allowed to protect the honor, dignity and business reputation of a citizen even after his death.

3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document issued by the organization, such a document must be replaced or revoked.

Commentary on Art. 152 of the Civil Code of the Russian Federation

1. The commented article establishes special (not provided) ways to protect honor, dignity and business reputation as personal non-property rights of a person. The specificity of intangible benefits also predetermines the specificity of their judicial and other protection.

2. It is known that honor is recognized as a certain social assessment of a person, and dignity is a person's subjective idea of a social assessment of his personality. The law proceeds from the fundamental "non-divergence" of these categories, without providing for the special features of any of them. Business reputation is the opinion of society, those around professional qualities subject.

Arbitrage practice.

The mass media is not responsible for the dissemination of information that does not correspond to reality and defame the business reputation of a legal entity, if it verbatim reproduced a message published by another mass media, which can be established and held accountable ( information mail Of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.23.1999 N 46).

Another commentary on Art. 152 of the Civil Code of the Russian Federation

1. Commented article 152 of the Civil Code of the Russian Federation is devoted to the protection of the most important intangible benefits: honor, dignity and business reputation of a citizen and business reputation of a legal entity from defamation.

Dignity is an assessment by the subject of civil legal relations of his qualities in his own opinion. Honor is an assessment of the qualities of the subject of civil relations by public opinion. Business reputation is an assessment by public opinion of such qualities of the subject of civil legal relations that are directly related to the execution by a citizen official duties, the production of goods, the performance of work and the provision of services, as well as the implementation by a legal entity of its statutory activities.

2. In paragraph 2 of Art. 152 provides for the protection of these benefits by imposing the court on the offender with the obligation to refute the disseminated information. The grounds for the emergence of the right to refutation are: dissemination of information, i.e. communicating them to at least one person, in addition to the victim himself; the nature of the disseminated information defaming the honor, dignity or business reputation, i.e. the presence in them of messages about facts discrediting the victim; inconsistency of these information with reality. The guilt of the harm-doer is not a condition for refuting widespread information. The burden of proof of the disseminated information lies with the distributor. The information, although discrediting, but reliable, cannot be refuted.

3. The right to publish a response is a way of protection in the event that disseminated information does not report defamatory facts, but disseminated information, for example, an opinion expressed, nevertheless affects the rights and legally protected interests of the victim.

4. Since a legal entity, by virtue of its legal nature, is incapable of experiencing physical and mental suffering, the rule of paragraph 5 of Art. 152 on compensation for moral damage caused by defamation applies only to a citizen. A legal entity is an artificial legal structure and does not have a psyche, therefore, the rule of clause 5 of Art. 152 is not applicable to it. At the same time, it should be noted that in clause 11 of the Resolution of the Plenum of the RF Armed Forces of August 18, 1992 N 11 "On some issues that have arisen during the consideration of cases by courts on the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" (as amended on December 21, 1993 N 11, on April 25, 1995 N 6 // Bulletin of the RF Armed Forces. 1992. N 11; 1994. N 3; 1995 N 7) contains a provision on the possibility of compensation for moral damage to legal face. However, in modern jurisprudence, this incorrect provision is not applied by the courts. A legal entity, like a citizen, in addition to giving a refutation and publishing an answer, has the right to demand compensation for damages caused. ...

1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be done in the same way that information about the citizen was disseminated, or in another similar way. At the request of interested persons, a citizen is allowed even after his death. 2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in relation to whom the specified information has been disseminated in the media has the right to demand, along with a refutation, the publication of his answer in the same media. 3. If information defaming the honor, dignity or business reputation of a citizen is contained in a document issued by the organization, such a document must be replaced or revoked. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in this regard, the refutation cannot be brought to the general knowledge, the citizen has the right to demand the removal of the relevant information, as well as suppress or prohibit the further dissemination of this information by seizure and the destruction, without any compensation, of copies of material carriers containing the indicated information made for the purpose of putting into civil circulation, if the removal of the relevant information is impossible without the destruction of such copies of material carriers. 5. If information defaming the honor, dignity or business reputation of a citizen turned out to be available on the Internet after their dissemination, the citizen has the right to demand the removal of the relevant information, as well as the refutation of this information in a way that ensures that the refutation is communicated to Internet users. 6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, shall be established by the court. 7. The application of measures of responsibility to the violator for non-execution of the court decision does not relieve him of the obligation to perform the action provided for by the court decision. 8. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in relation to whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true. 9. A citizen in respect of whom information has been disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information. 10. The rules of paragraphs 1 - 9 of this article, with the exception of provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media. 11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, shall accordingly apply to the protection of the business reputation of a legal entity.

Legal advice under Art. 152 of the Civil Code of the Russian Federation

Denis Bulgarin

Is there a kind of claim for the protection of honor, dignity and business reputation, but there is just a statement about it, without a claim?

The application is submitted for bringing to administrative responsibility. A statement of claim on material compensation in civil proceedings.

Leonid Kultykov

territorial jurisdiction for the protection of honor, dignity and business reputation .. The organization posted a notice at the checkpoint that the employee was a thief and a criminal case was initiated against him. The head of the organization in A city Branch in B city A the employee himself worked in B city. But the labor was in the B city

Lawyer's answer:
According to the rules of tribal jurisdiction, claims in cases of protection of honor and dignity are considered at the first instance by district courts. Go to court where the branch is located. If it is too far, prosecute the person who posted the ad. You may be denied a claim against him, but you can file a claim at the place of residence of one of the defendants.

Maria Melnikova

protection of honor, dignity and business reputation by what normative legal acts are regulated?

Alina Osipova

a claim for the protection of honor, dignity and business reputation. a claim for the protection of honor, dignity and business reputation, HOW to write it correctly, in whose name? what documents to attach? The committee on land relations of the Administration of the Pionersky district of the city of Pionersk, Kaliningrad region, head of the department Khalipov PV, applied to the arbitration court with a statement. Land lease agreement No. 048/2006 dated 08/14/2006, and my company is registered as a legal entity and tax registration in tax authority Kaliningrad city Kaliningrad region = from 29.12.2006 It follows that the contract was signed on August 14, 2006 and was working, and I registered my company only on December 29, 2006. In short, I faxed my certificates of registration of my company to the Admin of the Pionersky District, they saw their mistake. They suggest, so what, like a mistake .. and in the court decision, my details are like a red flag on all sites of both the Arbitration Court and the flocks of Kaliningrad, and the Site of the Administration of the Pioneer District, all the media are filed and entered in the registers as malicious The debtor, not the payer, the amount - 237,000 rubles, plc according to just the decision the court has a penalty in the amount of 50,000 rubles, in total everyone sees the debt = 257,000 rubles, Khalipov says, well, what do you write the application for? I don’t know what to do for you now? Your type of problem. Please tell me how I should be in this situation. Is it possible to sue them, and how? What should I do? _______ I don’t know how to be and write where the application, in whose name ??? Can I show it to Khalipov or to whom? Moral damage, What to do with the media ??? Can you please tell me how to proceed further ??

Oksana Kazakova

Baturin's wife of the capital's mayor will file a lawsuit to protect honor, dignity and business reputation. Your opinion: will it win?

The more they flounder, the deeper they will be sucked in. They would have confessed, repented - they would have been honorably sent into retirement. And if they resist, they will start criminal cases.

Raisa Yakovaleva

Tell me, who can act as the subjects of proof in cases of protection of honor, dignity and business reputation?

1.the applicant himself ... 2. his legal representative, a lawyer ...

Daria Kazakova

my boyfriend posted my half-naked photos on his Vkontakte page. question: ...

that's why girls never think about the consequences of their actions ?? yes, at least what kind of beloved he is, but at least 20 years we would have lived, why rely so much on a person? damn so many stories are shown, written and no, because we are all about nothing ...

Karina Baranova

Can you start a criminal case against the collection services?

If collectors spread information that you are a hard-core defaulter, you can file a claim to protect your honor, dignity and business reputation. After all, while there is no court decision on recognizing you as a debtor, all the information about what you have ...

Natalia Kudryavtseva

Lawyers, tell me, in the Criminal Code of the Russian Federation there is an article that it is forbidden to insult any firm in public? Open .... For example, in the community on the VKONTAKTE website, which is subscribed to by 10,000,000 people, excuse me to openly excuse the provider with Rostelecom! Hayut generally as they want, how bad he is! And the audience sees it! Is it illegal?

Igor Varvarin

Of the Criminal Code of the Russian Federation or, nevertheless, the Code of Administrative Offenses of the Russian Federation. On the Internet, information is disseminated, deliberately, discrediting honor and dignity. The perpetrators have been identified. How should they be punished? Libel - according to the criminal code and pay a large fine or sit in turma, or will the perpetrators incur an administrative penalty under the article Insult? pay a small fine and be able to continue to post such information on the network? Difference between the two, when and in which case are they applicable? What payments in this situation can still be ripped off from these scum? is it possible to apply for compensation for moral damage? for reimbursement of legal costs (for example, payment for the services of a lawyer)?

Lawyer's answer:
Slander - defamatory information or dissemination of deliberately false information defaming the honor and dignity of another person or undermining his reputation. Example: clumsy, liar, etc. Unlike slander, insult does not carry information that dishonor the victim. Insult consists in a NEGATIVE EVALUATION of a person's personality, his qualities, behavior, and in a form that contradicts the established rules of behavior and the requirements of universal human morality. Example: a fool, stupid, etc. of the Criminal Code of the Russian Federation Article 128.1. Libel (introduced Federal law of July 28, 2012 N 141-FZ) 1. Libel, that is, the dissemination of deliberately false information discrediting the honor and dignity of another person or undermining his reputation, - shall be punishable by a fine of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory works for up to one hundred and sixty hours. 2. Slander contained in a public speech, publicly displayed work, or in the MASS MEDIA, - shall be punishable by a fine in the amount of up to one million rubles or in the amount of the wage or salary or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to two hundred and forty hours. Law "On Mass Media" Article 2. Mass media. Basic concepts For the purposes of this Law: mass information means printed, audio, audiovisual and other messages and materials intended for an unlimited number of persons; a mass media means a periodical printed publication, a NETWORK PUBLICATION, a television channel, a radio channel, a television program, a radio program, a video program, a newsreel program, or any other form of periodic dissemination of mass information under a permanent name (title); a network publication means a SITE in the information and telecommunication network "Internet", registered AS A MEDIA in accordance with this Law. Civil Code of the Russian Federation Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. At the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death. 2. If information defaming the honor, dignity or business reputation of a citizen is disseminated in the media, THEY SHOULD BE REFUSED IN THE SAME MEDIA. Article 151. Compensation for Moral Damage If a citizen has suffered moral damage (PHYSICAL OR MORAL SUFFERING) by actions that violate his personal non-property rights or encroach on other INMATERAL GOODS belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation the specified harm. When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person who is harmed. If the information is disseminated on the Internet and is not of an offensive nature (see above), then the Code of Administrative Offenses of the Russian Federation is resting. You can demand a refutation of the information posted, reimbursement of legal costs. To compensate for moral harm, you need to prove the infliction of this harm. The imposed fine, if this happens, will not go to your advantage, but to the state's income.

Egor Durakov

78005555168 MBA finance .. today this number calls me and says that there is only 1 unit left before the trial about my loan, etc. I didn't listen for a long time, I dropped it. decided that it was a divorce. on the Internet I find out that this is the collection company MBA FINANCE. but I did not take any credit (to say nothing of a poor student) and, in principle, I don’t contact the bank. The question is whether in this case it can really be considered a mistake. divorce? or if still not, where should I go with it?

Lawyer's answer:
it all depends on your desire 1) you can stupidly put them on the black list or change the number and forget about them as a bad dream 2) you can file a lawsuit against them under: Article 152 of the RF GKO Protection of honor, dignity and business reputation I would did not miss such an opportunity to withdraw money from them)))

Yulia Dmitrieva

What counterclaim ?. what kind of counterclaim will be against the statement of claim for compensation for moral damage caused by the provision of low-quality medical services?

on the protection of honor, dignity and business reputation

Larisa Molchanova

If the newspaper wrote the truth about me, but I was not going to divulge this information, can I sue the newspaper?

It depends on what information and how its dissemination affected you, that is, what your rights are violated. In principle, a lawsuit is possible "On the protection of honor, dignity and business reputation."

Maxim Volosheninov

A claim for the protection of honor, dignity and business reputation. In this case, if only moral damage is collected, the state duty is determined depending on the amount recovered?

No. The state duty is paid as for a non-property claim, that is, in the amount of 100 rubles.

Elena Bolshakova

People, such a problem with classmates. Sympathetic help, eh !!!

A statement to the police will be quickly closed) The limitation period for claims for the protection of honor, dignity and business reputation does not apply (Article 208 of the Civil Code). This opens up the possibility of protecting the honor, dignity and business reputation of citizens ...

Tatiana Anisimova

what to do if the guy is hysterical ????

Hysterical Man and Women - Hysterical men are afraid of women. If they are married, then they are quiet, dumb creatures who are pushed around. Hysterical men are not very developed creatures, burdened with complexes, so they try to prove ...

Yana Konovalova

A neighbor on the floor is rude, is rude and accuses me of what I didn’t do, how to influence her, so that I would be left behind.

Insulting the person falls under the criminal article. Scare that call the district police officer and she wakes him up to explain why she insulted. If he doesn’t understand, do it. She will not open her mouth again without solid evidence, and if she does, then for ...

Karina Komarova

where can I find judicial statistics on cases of protection of honor, dignity and business reputation ?. needed for a diploma

By agreement of the dean of the faculty with the chairman of the court, in the paradise (mountains) court (according to the statistical reports they have, statistics for 5-10 years can be deduced by yourself).

Timur Lavrikov

Bad attitude of the manager to the employee. I work in one well-known chain of stores (let's leave it incognito), there are a lot of all sorts of bosses with us, but there is one who only occupies a small position of a senior storekeeper, and takes on as much as if she is a warehouse manager .. constantly rude, humiliating, affecting friends and close relatives, including parents .. sticks his nose where he is there at all out of place. constantly raises his voice .. there was even a case of assault .. no one wants to contact her. She has been working for a long time and has a working interest in front of the higher authorities .. have any suggestions on this? besides to quit .. tell me .. thanks in advance

Lawyer's answer:
Well, she behaves the way both the higher management allows her (due to the absence of complaints from lower-level employees) and the subordinates of this madam. It is not at all difficult to record curses and insults on a dictaphone (it is in every mobile phone) and call a boor on serious talk.... they say. if this is not the last time, then the record will go to the table of the prosecutor and labor inspectorate. The prosecutor will strain about the protection of honor, dignity and business reputation, and the GIT about comfortable working conditions. Only you need to do everything not alone, the more offended there are, the better ...

Yaroslav Belyankin

help solve the problem on civil law. good reasoning is needed, in accordance with current legislation. Lunin, a leading engineer of a research institute, as a result of the certification, was found not to be appropriate for his position. He refused the offered position of senior engineer and was fired. Lunin went to court with a claim against the administration of the institute and the persons who signed his testimonial for submission to the attestation commission. The characterization, according to the plaintiff, contained information discrediting his honor and dignity. The court dismissed Lunin's claim. The judicial board of the regional court upheld this decision. The Deputy Prosecutor General, in protest, raised the issue of canceling the court decisions and terminating the proceedings, since Lunin actually challenged the conclusions of the attestation commission about the inadequacy of his position and the motives for dismissing him from work, and therefore this dispute is not subject to the court by virtue of the Labor Code of the Russian Federation. Appealing against the decision to terminate the proceedings, Lunin noted that he was asking to refute not the conclusions of the attestation commission, but the information given in the service description that discredited his honor and dignity, in particular information that he had omissions in production activities, has a petty and quarrelsome character. Lunin also pointed to the untrue information contained in the characteristics, that he did not have any awards and incentives received during the certification period.

Lawyer's answer:
Article 152. Protection of honor, dignity and business reputation 1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation ... If this information is contained in a document issued by an organization, such a document must be replaced or revoked. The procedure for refutation in other cases is established by the court. In one word, there should be the fact of dissemination of information. As for the information that is to be mentioned in the employee certification protocol, this is an internal document that affects the determination of the wage rate and the position of the employee. Mentioning the employee's personal qualities in it is inappropriate, as in accordance with the Qualification Guide approved by the Ministry of Labor of the Russian Federation Qualification characteristic each post has three sections. In the section "Job responsibilities" the main labor functions, which can be entrusted in whole or in part to the employee holding the given position, taking into account the technological homogeneity and interconnectedness of the work, allowing to ensure the optimal specialization of employees. The section "Should know" contains the basic requirements for an employee in relation to special knowledge, as well as knowledge of laws and regulations, regulations, instructions and other guidance materials, methods and means that the employee must apply when performing job duties... The qualification requirements section defines the level vocational training the employee required to perform the prescribed job duties, and the requirements for the length of service. The levels of required professional training are given in accordance with the Law of the Russian Federation "On Education". Therefore, during certification, an employee should be assessed precisely according to these criteria, and not according to whether someone likes him or not.

Dmitry Lukashin

A neighbor in a communal apartment said she wanted to accuse me of theft, she said. A neighbor in a communal apartment said that she wanted to accuse me of theft, she said that she would file a statement with the police that I had stolen her money. she comes up with all sorts of fables, knowing her, I can say that she can make her threats come true. How to protect yourself, which authority to contact? Thanks in advance!

Lawyer's answer:
Unfortunately, Article 129 of the Criminal Code of the Russian Federation on libel has lost its force, it is possible to bring to civil liability Article 152. Protection of honor, dignity and business reputation The procedure for refutation in other cases is established by the court. 3. A citizen in respect of whom the mass media have published information that infringes on his rights or interests protected by law has the right to publish his answer in the same mass media. 4. If the decision of the court is not executed, the court shall have the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to the income of the Russian Federation. The payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision. 5. A citizen in relation to whom information has been disseminated that discredits his honor, dignity or business reputation, has the right, along with the refutation of such information, to demand compensation for losses and moral harm caused by their dissemination. 6. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court with a statement that the disseminated information is not true. 7. The rules of this article on the protection of the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity. Article 14 of the Code of Criminal Procedure of the Russian Federation Article 14. Presumption of innocence [Criminal Procedure Code of the Russian Federation] [Chapter 2] [Article 14] 1. The accused shall be presumed innocent until his guilt in the commission of a crime is proved in accordance with the procedure provided for by this Code and established in force by the verdict of the court. 2. The suspect or the accused is not obliged to prove his innocence. The burden of proof of the prosecution and refutation of the arguments presented in defense of the suspect or the accused lies with the prosecution. 3. All doubts about the guilt of the accused, which cannot be eliminated in accordance with the procedure established by this Code, shall be interpreted in favor of the accused. 4. A conviction cannot be based on assumptions.

Valeria Lebedeva

Insult or slander? Criminal Code .. Tell me how to be a woman and where to go? I can't say the details, but here's what she needs to know. The essence of the case: Citizen A. was engaged in collecting signatures in favor of citizen V. (who pointed to the place of citizen B.). Gr. A. told everyone from whom she took signatures that allegedly Gr. B. leads the wrong way of life and sleeps with everyone, which is not true. After that the person from whom the signature was collected told about this fact to gr. B and she intends to defend her rights. Question: 1. Where should she go first? 2. Under what article should gr. A. be accused? (insult or slander - because she personally did not know about all this, people handed her over to her - several people)

Lawyer's answer:
The definition of the concept of "slander" is enshrined in Art. 129 of the Criminal Code of the Russian Federation. Liability for libel is provided for not only by criminal, but also by civil law - Art. 152 of the Civil Code of the Russian Federation. That is, a citizen who has suffered from libel can simultaneously apply to the relevant authorities both in criminal and civil proceedings, that is, at the same time file an application for initiating a criminal case against the perpetrator and, at the same time, file a claim for the protection of honor, dignity and business reputation. Although personally, I would simply apply to the magistrate court with a statement to initiate a criminal case (at the place of its commission), and then in court I would also file a claim for compensation for moral damage, go to two trials in one case - I think this is unnecessary ... When a criminal case, or rather, its result, does not suit you, you can apply in a civil procedure. According to Part 2 of Art. 20 of the Code of Criminal Procedure of the Russian Federation criminal cases on crimes under Part 1 of Art. 129 of the Criminal Code, are considered criminal cases of private prosecution and are initiated only at the request of the victim, his legal representative. Slander infringes upon the honor and dignity of the person. The objective side consists in the dissemination of deliberately false information, discrediting the honor and dignity of another person or undermining his reputation. The crime was over from the moment of spreading false information. Distribution means the communication of relevant information to at least one person. Dissemination can be carried out both in the presence of the victim, and in absentia, orally, in writing or in any other form (for example, via the Internet). Information must be: 1) knowingly false, 2) defaming the honor and dignity of a person or undermining his reputation. A mandatory sign of libel is knowingness, which is understood as the exact knowledge of a person about the falsity of information. If a person is in good faith with regard to the truthfulness of the information, one cannot speak of knowingness. The subject of the crime is a person who has reached the age of 16.

Maxim Lepin

After the audit, 90 thousand were not enough, they accuse me. But I did not take them .. how to prove that I am not a thief. The first revision showed 67 thousand, a week later there was another revision and it turned out 90 thousand. They say that I took them because I have been working for them for only 7 months, but I did not take this money. we have small city how to prove that it's not me :-( otherwise they won't take me for any other job !!! I work for a private entrepreneur, not officially arranged. I'm afraid :-(

go to court with a statement of defamation, demanding the protection of honor, dignity and business reputation, shake off a moderate amount of money from them. And let the owners go to the police with a statement about the theft, if they want to find a criminal, or they just shut up and keep quiet.

Christina? Kovaleva

Good day! How to deal with a slanderer?

Fedor Marynchuk

Biased attitude of the boss .. My girlfriend complained to me that at work her boss regularly insults, humiliates (and in the presence of witnesses), and recently demoted. Also from her side there are unreasonable threats of dismissal. According to mine, she does not want to listen to anything, and allegedly covers all her antics with her husband, a police officer. Advise what laws to follow in order to besiege her boss? Is there a violation of the Constitution on its part? What if this policeman husband of hers threatens someone (so that he, as a police officer, is also punished)? Thanks in advance.

Lawyer's answer:
as they say: you can't sew a word to a deed. Everything in our time must be supported by evidence. First of all, these are documents (demotion on the basis of what?). Next, give your girlfriend a voice recorder, all insults, humiliation and threats can be recorded (Article 77 of the Civil Code of the Russian Federation, audio-video recordings, as evidence are accepted by the court). A claim for the protection of honor, dignity and business reputation. Of course, you can invite colleagues as witnesses, but I doubt that anyone will go against the authorities, even if your girlfriend is treated very well. And I think you shouldn't pay attention to your policeman husband! If there is a real threat or blackmail - video, audio recordings we take and go straight first to his leadership, and preferably to the prosecutor's office - exceeding official powers or using the latter for personal purposes. Or maybe just think about moving to another job? ...

Georgy Oshmarov

what to do with an employee who constantly writes unreasonable "slander" to me. The boss has already called in him more than once .. The boss has called him, he said that he was tired, he would be fined the same way. But there is no fault on my part.

Lawyer's answer:
about the employee. next time let her argue and prove her reports or as she calls them. otherwise, you have every right to file a claim in court for the protection of honor and business reputation. about the boss. before imposing a disciplinary sanction on an employee, provided for by the Labor Code of the Russian Federation, it is necessary, at a minimum, to take an explanation from the employee. and a penalty cannot be imposed without a minimum of domestic misdemeanor proceedings. bring to the attention of your boss that the Labor Code of the Russian Federation does not provide for such a type of disciplinary sanction as a fine.

Peter Orfeyev

How is the Russian Community of Ukraine hindering Yanukovych and his associates?

On April 12, the Chairman of the Russian Community of Ukraine Shurov K.V. received a summons on a civil case 2/756/1536/13, 756/1751/13 to the Obolonsky District People's Court of Kiev on the claim of Vadim Vasilyevich Kolesnichenko against Shurov ...

Pavel Makogognenko

The individual entrepreneur, without proving the employee's guilt and without determining the amount of damage, dismissed him for shortage and demands money from him. Extortion? The individual entrepreneur, without proving the employee's guilt and without determining the amount of damage, dismissed him for the shortage and demands money from him. the damage is not documented, the inventory is not documented, the guilt is not proven, he requires money, I suggest that he go to court, since there is no fault of mine, he refuses to go to court, but at the hearing of the court of appeal he called him a thief and a swindler

Lawyer's answer:
Extortion is the Criminal Code of the Russian Federation. And you have a labor dispute. And dismissal for absenteeism (according to documents), and not for shortage. In other words, "you can't sew this to your Business." Accordingly, if it is so important to you, you file other claims: Extortion claim (Criminal Code of the Russian Federation). He does not threaten you in writing, so with the involvement of witnesses. And a claim for the protection of honor, dignity and business reputation (article on libel - Code of Administrative Offenses of the Russian Federation). Term - 2 months. Who will you use as witnesses: the judges of appeal, the secretary and the prosecutor? :-) Or are the accusations recorded in the protocol?

Evgeny Pyatiletkin

Is it possible to just come to a restaurant and ask to watch the recordings from CCTV cameras? And if you come and bribe? My dad is just going to I tell him that they will not show him He wants to bribe

Lawyer's answer:
Since the question is incomplete and inaccurate (sorry, not correct), it seems possible to answer it as follows (in any form). 1) CCTV recordings are the private property of the owners of these cameras. 2) Exceptions are the cases provided for in Art. 152.1 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation, postscript: I act only in this legal field). In particular, Article 152.1 of the Civil Code of the Russian Federation provides that the promulgation and further use images of a citizen (including his photographs, as well as video recordings or works visual arts, in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence - with the consent of the parents. Such consent is not required in cases where: 1) the use of the image is carried out in the state, public or other public interests; 2) the image of a citizen was obtained during filming, which is carried out in places open to free visits, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), unless such an image is the main object use; 3) the citizen posed for a fee. Thus, if you do not carry out your actions in the area of Art. 152.1 of the Civil Code of the Russian Federation and are not an employee law enforcement acting within the granted official powers, according to you must be guided by Art. 152.1 of the Civil Code of the Russian Federation. Otherwise, if you received someone else's image and used it not in the interests of the copyright holder, then the latter may apply to the court with a claim against you for the protection of honor, dignity and business reputation, depending on the severity of the consequences that have occurred or regardless of such dependence. 3) The method and amount of compensation for moral damage is determined according to the rules established by Art. 1101 of the Civil Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 20.12.1994 No. 10 "Some issues of application of legislation on compensation for moral harm."

Vera Alekseeva

Evidence in the case of the protection of honor, dignity and business reputation .. Do you think that written materials confirming the dissemination of untrue, defamatory information (for example, the defendant's personal correspondence, official haratkeristics, etc.) is written or material evidence.

Probably, it will be physical evidence in writing

Pavel Convenient

Former employer unproven everywhere and says to everyone that I stole money from him. Will the court accept a libel suit?

Well then, not "slander" but "protection of honor, dignity and business reputation." Chezh will not accept? will accept. only need to prove the fact of distribution.

Alexandra Nikolaeva

I know that there is an article where a fine or correctional labor is provided for rudeness, and who really came across that. was there a court on this?

These are dead articles. They never get to court. Yesterday Medvedev signed a decree under which this article has lost its legal force. The insult now falls under civil jurisdiction. On the protection of honor, dignity and business reputation.

Evgenia Alexandrova

how to stop gossip ?. A friend works in a large mall and suddenly he finds out that one of the workers is telling publicly (in the cafeteria) that she was walking around the store drunk after work ("well, just nothing"), how to stop gossip, where and to whom to turn?

Lawyer's answer:
Libel and insult are crimes committed with direct intent: the distributor deliberately acts to defame or offend a person, realizing the social danger of his actions. In case of libel, the person disseminating defamatory information knows in advance (knowingly) that it is false, but despite this, he deliberately wishes and takes all possible measures to disseminate it, realizing what damage this information can cause to the victim; wants a criminal result - the restoration of public opinion against the person involved in the disseminated message. The form of expression of fabrications does not matter for slander. Libel can be both acceptable and not decent. Insults are characterized by indecency of the form. It can be applied both verbally (verbally) and by committing indecent acts. Insult usually causes personal offense to the victim and may not be accompanied by a change in public opinion in relation to him. If the dissemination of information contains only a negative assessment of a person or some of its individual qualities, but does not contain indications of a specific fact or circumstance, then the dissemination of such information is considered an insult. If in the distributed message there are indications of specific circumstances of the allegedly committed unseemly act by the person involved (and in your case, being drunk at the workplace), if this information is not proven, they are considered as slander. The norm of art. 151 of the Civil Code of the Russian Federation establishes the right of a citizen to compensation for moral damage. However, clause 7 of the next 152 article of the Civil Code of the Russian Federation states that the rules on protecting the business reputation of a citizen are accordingly applied to the protection of the business reputation of a legal entity. Considering that the right to compensation for moral damage is one of these rules, it turns out that a legal entity also has the right to claim this. FEATURES OF CIVIL_LEGAL PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION: - the claim for the protection of personal non-property benefits will not be subject to the statute of limitations (i.e., they can be presented at any time after publication); - the burden of proof of the fact that the disseminated information is true is placed on the respondent (i.e. on the distributor); - Compensation for moral harm is carried out regardless of the fault of the inflictor of harm, in cases where the harm is caused by the dissemination of information discrediting honor, dignity and business reputation (Art. 1100 of the Civil Code of the Russian Federation). SIGNS OF OFFENSES ESTABLISHED BY ART. 152 of the Civil Code of the Russian Federation: - the fact of distribution; - it is the information that is disseminated; - information that does not correspond to reality; - the information relates to the plaintiff; - the information is defamatory. The absence of at least one of these signs indicates that the actions of the distributor do not constitute an offense under Art. 152 of the Civil Code of the Russian Federation (that is, there are grounds for refusing the plaintiff to satisfy his claim).

Larisa Tarasova

The company refused to hire a person: allegedly a "leftist" diploma. How did it happen - we studied with her at the university

Lawyer's answer:
Most likely the company is "leftist". If you want to work there, try to get a certificate (absurd, of course!) From the university especially for the company. If again there are excuses, then, most likely, they just "muddle up", In this case better company forget this. But if you want to "annoy" them all the same, sue them under Art. 152 of the Civil Code of the Russian Federation (Protection of honor, dignity and business reputation). Take care of the evidence of defamatory information on the part of the company in advance. The fact that the company claims unfoundedly about your diploma in the presence of someone is nothing more than information discrediting your reputation. If you have any evidence of these statements (a written answer, witnesses, finally, audio or video of the conversation will do), then the company will have to prove their discrepancy, and if your diploma is real (which I have no doubt about!), Then you, most likely you will win. Still, it's not worth working there ...

Anna Sorokina

Alimony ... help .... It happened ... parted .. have a son. The court awarded alimony ... 25% of the income. I am an individual entrepreneur ... income is not always stable, I work under a simplified taxation system. Pay UTII. ... the bailiff counts alimony as 5700r not working. HOW SHOULD IT BE? Help me figure it out ... I'm not abandoning my son ... I help in addition to alimony. But my ex-wife wants, just longs for my blood .. help me, gentlemen, advice.

Lawyer's answer:
To begin with - simplified or UTII? These are two different things. The fact that you are an individual entrepreneur is JUST EXCELLENT. If the bailiff portrays zeal, first we introduce him to the law "On the Protection of the Rights of Legal Entities and individual entrepreneurs when exercising state control (supervision) and municipal control "- in accordance with it, the bailiff, WITHOUT WRITTEN COMPLAINT FROM THE CHILD'S MOTHER, has no right to check you more often than once every two years. After that, it is quite simple - for each unfounded complaint we file a statement of claim on the protection of honor, dignity and business reputation in relation to the BZ - heals very quickly.
Civil Code of the Russian Federation "Protection of the honor, dignity and business reputation of a citizen." And let your Shapoklyak talk about this with the brave people in uniform. I think she will quickly get tired of behaving this way.

Alina Smirnova

insult on the phone (terrible swearing). calls at night. is it possible to bring a person to justice ?. question for lawyers. how to legally stop this outrage. Thank you.

Lawyer's answer:
You have the right to protect your honor, dignity and business reputation and nothing more ... you can contact the police, they will accept the application, but they will refuse to initiate a criminal case due to the lack of corpus delicti. It is possible with a lawsuit - but even here there is no chance due to the lack of evidence. Even the recording of telephone rudeness will not be perceived by the court as evidence obtained legally, because the court did not authorize such a recording. However, it is unlikely that it will be possible to prove moral damage ...
- Lawyer's answer:
  for breaking his nose] [Chapter 16] [Article 116] 1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, - shall be punished with a fine of up to forty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three months, or compulsory labor for a period of up to three hundred and sixty hours, or correctional labor for a period of up to six months, or arrest for a period of up to three months. 2. The same acts committed: a) from hooligan motives; b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group - are punished with compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for up to two years. 2In the Constitution of the Russian Federation it is written All are equal, regardless of race, sex, religion, and so on. Say nothing just for what you broke into him and also about the insult Article 20.1. Petty hooliganism [Code of the Russian Federation on Administrative Offenses] [Chapter 20] [Article 20.1] 1. Petty hooliganism, that is, a violation of public order expressing obvious disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as destruction or damage to someone else's property - shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative arrest for up to fifteen days. 2. The same actions involving disobedience to the legal request of a representative of the authorities or another person performing the duties of protecting public order or suppressing a violation of public order - shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a period of up to fifteen days. 3 Article 152. Protection of honor, dignity and business reputation [Civil Code of the Russian Federation] [Chapter 8] [Article 152] 1. A citizen has the right to demand from the court the refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that they are true. At the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death. 2. If information defaming the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media. If the specified information is contained in a document issued by the organization, such a document is subject to replacement or withdrawal. The procedure for refutation in other cases is established by the court. 3. A citizen in respect of whom the mass media have published information that infringes on his rights or interests protected by law has the right to publish his answer in the same mass media. 4. If the decision of the court is not executed, the court shall have the right to impose a fine on the offender, collected in the amount and in the manner prescribed by procedural legislation, to the income of the Russian Federation. The payment of the fine does not relieve the offender from the obligation to perform the action provided for by the court decision. 5. A citizen in relation to whom information has been disseminated that discredits his honor, dignity or business reputation, has the right, along with the refutation of such information, to demand compensation for losses and moral harm caused by their dissemination. 6. If it is impossible to establish the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information has been disseminated has the right to apply to the court with a request
  Nikita Berdyshov
  Who has experience with media claims? Does the collection go only from the program, or from the authors too? The Plenum of the Supreme Council clarified that. the authors in such cases are also defendants, but I have never seen information in the press that they have also recovered from the authors. They write about the collection from the publication, the company.
  - Lawyer's answer:
    It seems to me that the Supreme Court has fully resolved this issue: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3 dated February 24, 2005 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities." on claims for the protection of honor, dignity and business reputation are the authors of untrue discrediting information, as well as the persons who disseminated this information. If the disputed information was disseminated in the media, then the author and editorial staff of the respective media outlet are the proper respondents. If this information was disseminated in the mass media with an indication of the person who is its source, then this person is also the proper respondent. When publishing or otherwise disseminating defamatory information that does not correspond to reality without specifying the name of the author (for example, in an editorial article), the appropriate defendant in the case is the editorial office of the relevant media outlet, that is, an organization, an individual or a group individuals, carrying out the production and release of this mass media (part 9 of Article 2 of the Law of the Russian Federation "On the Mass Media"). If the editorial office of a mass media outlet is not a legal entity, the founder of this mass media may be involved in the case as a defendant. If the plaintiff makes claims against one of the proper defendants, who jointly disseminated untrue defamatory information, the court has the right to involve the co-defendant in the case only if it is impossible to consider the case without his participation (Article 40 of the Civil Procedure Code of the Russian Federation).
    - there are articles: protection of honor, dignity and business reputation, Art. 152 of the Civil Code of the Russian Federation, compensation for moral damage, art. 151, 1099-1101 of the Civil Code of the Russian Federation