Protection Of Honor Research Articles

Protection of Honor and Dignity in Labor Relations

In the article we examined one of the current problems, the problem of protecting the honor and dignity of workers during their working life. A certain difficulty arises in applying this principle in practice; employers are increasingly restricting the rights and freedoms of employees. Gender discrimination is unacceptable, since a person’s biological characteristics should not be a determining factor when hiring. The solution to the problems of gender inequality in the Russian labor market should be carried out gradually, starting with recognition at the state level of the existence of this problem. We believe that this problem has existed for a long time and is inherent in every team, therefore it is imperative to develop effective means of protection not only at the legislative level, but also at the local level, which can consider the characteristics of all aspects of labor relations.

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

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.

15 проблем гражданско-правовой защиты от диффамации

Civil cases on the protection of honour, dignity and business reputation represent a certain complexity, not only because their consideration affects all kinds of spheres of human activity, requires knowledge of the norms and rules of the Russian language, but also due to the presence of a number of procedural and substantive legal problems that significantly complicate legal proceedings in this category of cases. The author believes that the resolution of any problem begins with the recognition of its existence. However, the author attempts not only to name the existing problems in the field of civil protection against defamation, but also suggests some ways to resolve them. Comprehensive analysis of the norms of civil and civil procedural law on protection against defamation made it possible to identify significant contradictions and gaps in legislation in this area that need to be filled as soon as possible.

Production Sharing Agreement for Agricultural Land Encumbered with Liens in Southeast Sulawesi Indonesia

The aim of the research is to attempt to analyze the form of production sharing agreement for agricultural land which is encumbered with liens which is widely applied by agricultural communities so that a model of production sharing agreement can be identified that is in accordance with the characteristics of agricultural communities in Southeast Sulawesi, Indonesia. The method used is a qualitative descriptive research type with an empirical normative approach and using secondary data. The research results show that the form of agricultural land production sharing agreement which is burdened with liens which is widely applied by the agricultural community of Southeast Sulawesi is mostly done orally between the parties based on customary law. Understanding of agreements made following the traditions, beliefs and customs of the local community which include the use of agricultural or cultivated land, distribution of results, time and duration of the agreement, obligations and responsibilities of the parties, dispute resolution, and protection of honor and customs. The ideal form of an agricultural land production sharing agreement which is encumbered with a lien is to protect the interests of the parties, the form of the agreement should be in writing before and ratified by an authorized official and the contents of the agreement should include a mechanism for sharing the results or profits from the agricultural business, the time period includes the period during which the agricultural business will take place. and production sharing agreement, payment of profit sharing, responsibility of the parties, settlement if one party does not fulfill its obligations, and termination of the agreement.

Вопросы судебного доказывания по гражданским делам о защите чести и достоинства граждан, а также деловой репутации граждан и юридических лиц

Development of scientific problems of judicial evidence in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities has been and continues to be relevant, since judicial protection of these intangible goods is the main form of their protection. The aim of the study is determined by the objectively urgent need to find constructive approaches to judicial proof in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities. Conclu-sions dwells upon the fact that, given the principle of adversarial nature of civilized process, judicial proof is one of its key elements, which is an inter-branch procedural-legal institute. The evidence in civil cases for the protection of honor, dignity and business reputation has different features from other categories of cases, in-cluding the determination of the necessary scope of evidence and its sufficiency. It is precisely this circum-stance that prompted the preparation of this article. The article analyzes features of the subject of proof, duties of proof, means of proof, gathering verification and evaluation of evidence, as well as the standard for defama-tion disputes. Applied to the research topic, both norms of procedural law and substantive civil law are ana-lyzed. The following methods are used: dialectical, formal-logical and other general scientific methods of re-search; special-legal methods: comparative-legal and formal-legal.

GENRE INVARIANTS OF MODERN ADVERTISMENT

The article defines the communicative criteria of modern advertising genre distinction. Research attention is based on the function as a category that determines the nature of the literary language resource in the context of dynamics of verbalized information. Advertisment is considered as a generic concept that summarizes the types of advertising communication functionally identified with the corresponding genre and its invariants. The author's medialinguistic analysis, correlated with the objectivity of functional stylistics, leads to the differentiation of modern advertising into commercial and social. Having a common nature, these 2 groups of genres of advertising communication, at the same time, contrastingly realize the tasks of informing and influencing the mass linguistic consciousness. The thesis that commercial advertising relies on the manipulative context of verbalization of strategies and tactics – unique offer, positioning, etc. – is illustrated and expertly commented. And the precedent of social advertising context appeals to patterns, values of time and space of culture (life, health, ethical dimension of communication, protection of honor and human dignity, etc.), which have passed communicative approval in the history of the development of world civilization. Research opinions confirmed by linguistic factology in a discussion with other scientists formulate the ideas of medialinguistic analysis of advertising as a complex of genres, invariantly represented in the communicative space of modern mass media.

Protection of honor, dignity and business reputation of citizens in international law

Honor, dignity and business reputation are moral and legal categories that, in one way or another, reflect the assessment of moral and other qualities of a person. In the article, the author highlights the historical, legal and international aspect of the institution of honor, dignity and business reputation of persons, characterizes these categories as objects of legal protection; considers ways to protect violated human rights, as well as highlights some of the problems that arise in connection with this protection. An important role in the study is given to international non-governmental organizations established to promote international cooperation in the field of protecting the rights and freedoms of a person and a citizen. A special specificity of such activities of INGOs is the presence of a related area of activities with state and supranational government structures. Moreover, its inextricable link with politics within the existing international legal order is emphasized.

THE PRINCIPLE OF RESPONSIBILITY AS THE SUPREME LEGAL PRINCIPLE IN THE WORK OF PUBLIC ORGANS

PURPOSE: The purpose of the research is to prove that the principle of responsibility is the supreme (primary) principle in the work of public organs (ministries, other state administration organs, organizations established by law, other state organs, legal and natural persons to whom, by law, is entrusted to exercise public powers, as well as the organs of the municipalities, the city of Skopje and the municipalities in the city of Skopje). RESEARCH METHODOLOGY: The research used the method of analysis of the provisions of the state constitutions for public administration and human rights; on the laws on public administration and on the procedural provisions that lead public organs, on the international legal acts on human rights and on the relevant literature on the organs of public administration. RESEARCH RESULTS: The research imposed the following basic ideas: Public organs are composed by people. Those people are organized by special acts for the organization and systematization of jobs. These acts are adopted on the basis of special laws that regulate social relations in various areas of social life. In the jobs to which people are assigned, they have precisely prescribed tasks that they are obliged to perform. The duty to perform them entails responsibility for non-performance or for low-quality and untimely performance. A democratic society is a society of responsible individuals and responsible public organs. There are no responsible public organs without responsible individuals. CONCLUSIONS: Public service in public organs is performed by officials. The responsibility of officials is manifested as a three-dimensional social phenomenon. The first dimension covers the responsibility of the official to himself as a person to whom the international legal acts on human rights and the Constitutions of the states guarantee respect and protection of honor, dignity and reputation. The second dimension of responsibility covers the responsibility of the officials, as public servants, in relation to the citizens, as clients. The third dimension of responsibility covers the responsibility of the officials to the public organs in which they works and his responsibility to the public service, as a service to the citizens within the state, as an organized community of citizens. The general conclusion is that the principle of responsibility is the supreme principle, the consistent implementation of which in the work of public organs directly depends on the implementation of other principles in their work. RECOMMENDATIONS: Throughout the process of education and upbringing, one should, first of all, work on developing the autonomous responsibility of officials. In addition to the autonomous responsibility with the activity of the control protection services and institutions of society: the system of internal control in public organs, inspections, internal affairs organs, the State Commission for the Prevention of Corruption, the Commission for Protection against Discrimination, the Ombudsman, prosecutors’ offices and courts should be developed the heteronomous responsibility. ADDITIONAL INFORMATION: The autonomous morality, and thus the autonomous responsibility of public officials, in the public organs of the Republic of North Macedonia, is not at a satisfactory level. To the principle of accountability of public officials is not given enough attention. This is supported by the fact that it is attributed to a very small number of laws, and it is not found in procedural laws. This imposes the need to prescribe this principle in the laws for the regulation of social relations and for the work of public organs in all areas of social life, and this, as the first in order of rank, because the implementation of the other principles in the work of public organs directly depends on its implementation in the work of these organs.

Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.

Child marriage in the light of objectives of Shari’ah and Islamic jurisprudence (An Analytical study of prevalent practices in Pakistani Society)

Islam envisages marriage as a source of productivity and prosperity for mankind. This is a legal contract between two mature persons, thus it must be in harmony with the objectives of Islamic Shari’ah namely the protection of lineage and protection of honour. Marriage as a pivotal part of an Islamic society must fulfill the before-mentioned objectives of Shari’ah. Among other concerns regarding the matter of marriage, one of the important is the issue of child marriage. Keeping that in view, this study has analyzed whether child marriage fulfills these objectives or not or at what cost. Further, this study has figured out the opinions of four jurists of Islam regarding the issue at hand and has provided a synthesized solution. This research has also delved into highlighting the possible factors leading to child marriage in Pakistani society, and the pros and cons of child marriage. The descriptive and analytical methodology has been used in this study. Moreover, suggestions are put forth to deal with the primary concerns of child marriage in the light of Islamic Sharia’.

Проблемы оптимизации психологических мер реагирования на дискредитацию органов внутренних дел Российской Федерации в медиапространстве

The article presents research conducted using the traditional method of document analysis - court decisions rendered by courts of general jurisdiction of various subjects of the Russian Federation in 2021 in cases of protection of honor, dignity and business reputation of employees of the internal affairs bodies of the Russian Federation, federal civil servants and employees of the Ministry of Internal Affairs of Russia.
 The main conclusions indicated by the courts in the reasoning part of court decisions on the defamatory nature of the dissemination of information regarding employees are presented; grounds for making positive court decisions in defense of honor, dignity and business reputation; grounds for refusing to satisfy claims.
 According to the results of the study, it can be assumed that today the most relevant is countering the legitimate actions of the internal affairs bodies of the Russian Federation in a contactless way, most of them in the modern media space by distributing information of a discrediting nature.
 Due to the imperfection of the legal system, the authorized units of the Ministry of Internal Affairs of Russia (their own security units, legal services) do not always manage to fully protect the honor, dignity and business reputation of both the internal affairs bodies of the Russian Federation as a whole and individual employees during court proceedings. In this connection, new requirements are being put forward for the information and public relations units of the Ministry of Internal Affairs of Russia, since their activities in this direction in the form of a proper, timely and effective response to discrediting information disseminated in the media space will help to increase the level of protection of the honor, dignity and business reputation of the internal affairs bodies of the Russian Federation, restore a positive image.

О способах защиты чести, достоинства и деловой репутации

Relevance. The article considers the features of ways to protect honor, dignity and business reputation in ac-cordance with Art. 152 "Protection of honor, dignity and business reputation" of the Civil Code of the Russian Federation, practical and theoretical problems of their application. The positions of the Supreme Court of the Russian Federation, the established judicial practice and discussion issues of civil law theory are analyzed, changes are proposed to the revision of Art. 152 of the Civil Code of the Russian Federation to eliminate existing gaps in the methods of protecting the indicated intangible benefits of a citizen. The purpose of the study is to supplement the theoretical provisions aimed at deepening scientific knowledge on ways to protect honor, dignity and business reputation, and to develop legislative proposals for their effective im-plementation in accordance with Art. 152 of the Civil Code of the Russian Federation. Objectives: to analyze the decisions of the Supreme Court of the Russian Federation and reviews of judicial practice, court decisions in specific cases on the protection of honor, dignity and business reputation, to identify gaps in the revision of Art. 152 of the Civil Code of the Russian Federation, as well as to study and update the proposals available in the theory on its modernization. Methodology. The article was prepared on the basis of methods of induction and deduction, analysis and syn-thesis, formal-legal, system-analytical and logical methods, as well as the method of analysis and generalization of judicial practice. The results of the study are of a theoretical and applied nature and contain formulated proposals for solving problems related to the use of methods for protecting the honor, dignity and business reputation of a citizen. Conclusion. The need to finalize Art. 152 of the Civil Code of the Russian Federation in terms of terminology used in the formulation of methods for protecting honor, dignity and business reputation and eliminating other gaps that require the attention of the legislator.

ФОРМИ ТА СПОСОБИ ЗАХИСТУ ПРАВА ПРЕДСТАВНИКІВ ОРГАНУ ПРАВОСУДДЯ НА ПОВАГУ ДО ГІДНОСТІ ТА ЧЕСТІ, ПРАВА НА НЕДОТОРКАННІСТЬ ДІЛОВОЇ РЕПУТАЦІЇ, ПОРУШЕНИХ У ЗАСОБАХ МАСОВОЇ ІНФОРМАЦІЇ

The article is devoted to the issue of forms and ways of protecting the right of judges to respect for dignity and honor, the right to inviolability of business reputation violated in the mass media. In the article, based on the analysis of general theoretical views on the forms of civil legal protection, a conclusion was formed that a judge in the event of a violation of his right to respect for dignity and honor, the right to the inviolability of business reputation in the mass media, can protect the violated rights in court. Or by taking actions of self-defense, which are directly addressed to the offender (that is, to the mass media). According to the results of the study of the peculiarities of the judge’s protection of honor, dignity and business reputation, violated in the mass media, in a non-jurisdictional form, the conclusion was formed that, taking into account the requirement of tolerance to criticism, the judge is limited to the possibility of directly addressing the mass media only with a statement to refute inaccurate information. The only exception is the case of disseminating inaccurate information within the broadcast of a television and radio organization. Under these circumstances, along with the requirement to refute the disputed information, the judge can apply to the television and radio organization with a statement on the exercise of the right of reply and provide a comment on the widespread inaccurate information. When examining the features of the judge’s protection of honor, dignity, and business reputation violated in the mass media, in a jurisdictional form, it was emphasized that the judge’s exercise of the subjective right to protect honor, dignity, and business reputation, in a judicial procedure, is possible due to the dissemination of inaccurate information in the mass media. And also on the basis of expressing a subjective opinion about the judge in a brutal, humiliating or obscene manner, which degrades his dignity, honor, business reputation. The choice of the way of defense belongs to the judge, as the plaintiff in the case. In order to protect the violated rights, the judge can choose a general (termination of the action that violates the right, restoration of the situation that existed before the violation, compensation for moral (non-property) damage) and/or a special way of protection, defined within the limits of Art. 276–278 of the Civil Code of Ukraine (restoration of the violated personal non-property right; refutation of inaccurate information and the right to response; prohibition of dissemination of information that violates personal nonproperty rights). Along with this, it is emphasized that from the position of provisions, Part 2 of Art. 275 of the Civil Code of Ukraine, when protecting violated rights in court, the judge may choose any other way of protection in accordance with the content of this right, the manner of its violation and the consequences that caused this violation. However, the choice of one or another way of protection must be consistent with the provisions of normative legal acts and not violate the rights of other persons.

Protection of honour and dignity: theoretical and practical issues

Protection of honour and dignity: theoretical and practical issues

Repressions and Emancipations of Socialist Legality: Industrial Comrades’ Courts during First Five-Year Plans

This article examines two simultaneous and contradictory aspects of socialist legality: its repression and emancipation. The author investigates one particular institution of socialist legality—comrades’ courts in the workplace—in order to discover the interweaving of these two functions of Soviet justice. The article argues that the flexibility of socialist legality is one of its basic and defining features, which could provide an emancipatory space of struggle for rights and criticism of the system, on one hand, and a purely repressive, restrictive effect, on the other. It was not the actual legislation that determined the functioning of legality but the interaction of that legislation with the environment, which often subordinated not only the a priori broad procedures of Soviet law but also the essence of the law, which was exposed to interpretations. The author demonstrates that the operation of comrades’ courts depended on many factors: the authority and independence of the local Communist Party and trade union cells; the presence of activists; the industrial environment of interaction; the interests of the courts’ organizers; government campaigns; and so on. In practice, comrades’ courts as one of the loci of socialist legality accommodated a wide range of their own autonomous tactics, among which one can detect bureaucratic (abundance of fines, existence of particular courts only on paper), repressive (control over disciplining of and providing for workers), and emancipatory (protection of honor and dignity in the workplace, criticism of administration, struggle for better working conditions through drawing attention to disorder in the organization). Such broad contexts and interpretations available in comrades’ courts demonstrate the broad scope of socialist legality, the realization of which in each individual case depended on the context and occurred in its own unique way. Article in Russian

Protection of honour and dignity: theoretical and practical issues

Protection of honour and dignity: theoretical and practical issues

Protection of honor, dignity and business reputation

Protection of honor, dignity and business reputation

Об определении оснований неправомерности использования изображения гражданина (по данным правоприменительной практики по статье 152.1 Гражданского кодекса Российской Федерации)

Relevance. The article analyzes the problems of civil law protection of human images. Despite the attention to this topic of the scientific community, in law enforcement practice there are many discussion issues related to the application of the provisions of Article 152.1 of the Civil Code of the Russian Federation on the protection of the right to image inviolability. The article sets out the results of the analysis of court decisions on claims for declaring the use of the image illegal, collecting funds and compensation for moral damage, on the protection of honor and dignity, courts in accordance with Art. 152.1 of the Civil Code of the Russian Federation, allowing to conclude that there are different approaches to assessing the same grounds for the illegality of using the image of a citizen. The purpose of the study is to identify and clarify the grounds for the misuse of the image of a citizen, according to which the courts decide on the existence of a violation of the right to defend it. Objectives: to analyze the decisions of the Constitutional Court of the Russian Federation, leading explanations of the Supreme Court of the Russian Federation, Russian judicial practice in cases on the protection of the right to an image of a citizen and to update the content of the grounds for the unlawful use of an image of a citizen that have developed in judicial practice. Methodology. In the process of working on the study, dialectical-materialistic, formal-legal, system-analytical methods, as well as methods of analysis and synthesis were used. The results of the study are applied in nature with elements of scientific novelty in the conclusions obtained and are aimed at improving the quality of law enforcement practice and achieving uniformity of decisions when considering claims for the protection of the right to inviolability of someone else's image. Conclusion. The study makes it possible to assert that there was no uniform practice in cases of protecting the right to portray a citizen. The same basis for the misuse of someone else's image by the courts is interpreted in two ways, which requires clarification of such cases by the highest court.

DEFINITION OF THE CONCEPT OF «DEFAMATION» IN THE COUNTRIES OF CONTITENTAL EUROPE

The article discusses the key issues of the interpretation of the concept of “defamation” in the countries of Western Europe. In a modern social and legal state, considerable attention is paid to the protection of individual rights and freedoms as the foundations of democracy. One of the basic personal rights is the right to personal dignity, protection of honor and reputation. Analysis of the structures of the current legislation, the positions of the Supreme Court, acts of the European Court, as well as classical and newest scientific approaches, defamation is an offense expressed in the dissemination of inaccurate information that violates the right of a legal entity to a business reputation. Honor, dignity, business reputation are constituent elements of such categories as personal moral rights and intangible benefits, in order to ensure the realization and functioning of the rights of which, a well-thought-out, well-coordinated and effective protection mechanism must be produced. Attention is focused on the fact that for the proper operation of such a mechanism, it is necessary to determine, first of all, the protected object, what are its features and boundaries that need to be regulated by law. Indeed, in the case of securing an incomplete list of protected in the legislation, fixing in the norms not all signs of the protected or the presence of gaps in the regulation of this legal relationship, the potential for abuse of the right or misinterpretation of its norms arises. National laws define in different ways whether the burden of proof lies with the plaintiff or the defendant. It is concluded that defamation is one of the unlawful acts that infringe upon honor, dignity and reputation and requires further study in the practice of the European Court. In dealing with defamation cases, courts always need to find a compromise and strike a balance between freedom of expression, freedom of thought and speech, and protection of dignity, honor and reputation.

DEFAMATION IN THE FIELD OF HEALTH CARE: COLLEGIALITY OF DOCTORS VS. CRITICAL ASSESSMENT OF DOCTORS' ACTIVITIES

From the scientific point of view, the issue of defamation is poorly researched and not properly regulated at the legislative level. This this issue is even more crucial if talking about defamation in the field of health care.
 Defamation is the dissemination of unreliable information about a person, which degrades their honor and dignity, damages business reputation. Defamation is synonymous with the notion “humiliation of honor, dignity and business reputation”. In general, Ukrainian legislation does not use the term defamation, however, as a laconic meaningful word of foreign origin, it is actively used in practice and in the legislation of some other countries.
 It should be noted that the unreliability (falsity) of the information disseminated together with the conclusion that it defames a person; are the integral part of the definition of responsibility for defamation. Otherwise, if the disseminated information does not defame the person, although it does not correspond to reality, there would be no defamatory tort.
 Defamation is the legal institution through which civil law strikes a balance and implements the above-mentioned conflict between the constitutional right to refute unreliable information, i.e. the judicial protection of honor, dignity and business reputation, on the one hand; and, on the other, constitutional law to the freedom of thought and speech, freedom of the media.
 Therefore, it is expedient to form a “defamatory balance” between the collegiality of physicians and a critical assessment of their conduct, which can be achieved by the prevailing right to freedom of expression to protect the lives and health of patients, action in the public interest, based on the case law of the European Court of Human Rights.