УЧАСТЬ ДЕРЖАВИ У ЗАХИСТІ ДІЛОВОЇ РЕПУТАЦІЇ СУБ`ЄКТА ГОСПОДАРЮВАННЯ

Abstract

The article explores the concept of protection of a business reputation of economic entities and it`s basis. The legislation, scientific literature and law enforcement practice on this issue are analyzed. it is proposed to clarify the grounds of protection of a business reputation of economic entities. It is concluded that the direct grounds for the protection of the right of a business reputation of an economic entity is a violation of this right, through improper use of business reputation of a economic entity and discredit. Taking this into account, as well as the lack of uniformity of the current legislation, it is appropriate to fix the following provisions in the Civil code of Ukraine: «…an Economic entity has the right to protect the right of a business reputation in case of violation of the right of a business reputation of a economic entity. Violation of the right of a business reputation of economic entity consists in improper use of business reputation of economic entity (illegal use of other people`s designations, advertising materials, packaging, improper use of another manufacturer`s product, copying the appearance of another manufacturer`s product, comparative advertising), and discrediting.» Fixing these provisions at the legislative level will be important to improve the effectiveness of detection and suppression of violations aimed at the right of a business reputation of economic entities, as well as increases the effectiveness of the use of business reputation in the activities of professional market participants. It was also revealed that dignity is inherent only to individuals, since it is based on spiritual, social, moral qualities of behavior, worldview and abilities. In such circumstances, the concept of humiliation from a linguistic point of view is appropriate to use only in relation to individuals. As for business entities, the more successful in the context of violation of the right of a business reputation is the term «discredit»