Насколько правила о защите чести, достоинства и деловой репутации достаточны и эффективны?

Abstract

The article critically analyses the provisions of Art. 152 of the Civil Code of the Russian Federation on the protection of honour, dignity and business reputation. The authors, assessing the history of the development of this institution, show why modern problems and challenges require a qualitative modernisation of the provisions on the protection of these intangible objects. In particular, attention is drawn to the fact that the effectiveness of protection is impossible without the development of extremely laconic provisions on the protection of private life (Article 152.2 of the Civil Code), which, together with honour, dignity and business reputation, forms independent objects of protection – good name and reputation in the broad sense. Likewise, the article touches upon the debatability of the thesis that, as a general rule, only information of a defamatory nature can diminish honour, dignity and business reputation. The authors express reasonable doubts regarding the existing restrictions for protection against information that does not correspond to reality, the impossibility of applying Art. 152 of the Civil Code to cases of dissemination of truthful information and the general problem of the legislator’s “obsession” with compensation for non-property damage exclusively through the prism of the institution of compensation for moral damage.