Recovery of compensation for moral damage for insulting the honor and dignity of a citizen and infringing on the business reputation of a legal entity
All intangible assets are characterized by a number of attributes that apply equally to each type of intangible asset. Firstly, they are inseparable from the personality of a citizen, inextricably linked to the personality and are not subject to any form of alienation. Unlike property goods, they cannot be sold, donated, exchanged, etc. Indeed, it is impossible to transfer one's honor and good name through a deal, not because the law prohibits it, but because they objectively do not exist in this world, they do not receive their material embodiment and exist only in connection with a specific person, they find their embodiment in a specific person.
The determining factor in the formation of dignity is a person's attitude to the reality around him, the relationship with the team in which he is located. When society evaluates each individual, it is about human dignity. Honor refers to a certain positive social assessment of a person in the minds of other people. Dignity and the right to defend one's good name are recognized by every person and protected by the State as the highest values. Business reputation is on a par with the honor and dignity of a citizen. It belongs not only to a citizen, but also to legal entities. In a market and competitive environment, reputation is highly valued in the business world. Business reputation is formed in the process of professional, industrial, intermediary, trade and other activities of a citizen or a legal entity, and is an assessment of their professional qualities that are significant for their demand in the labor market.
By the decision of the Karakiyansky District Court of the Mangystau region of October 12, 2015, compensation for moral damage in the amount of 20,000 tenge was collected in favor of Ms. NG from Ms. G.M. The court found that on July 10, 2015, the defendant publicly, unkindly expressed about Ms. NG with the words "you are a defendant you should be deported, Sagan sadaka bolsyn," thereby discrediting her honor and dignity. In satisfying the claim, the court proceeded from the provision of paragraph 2 of Article 14 of the Constitution of the Republic of Kazakhstan, which stipulates that no one may be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances, and also the provisions of Articles 141, 143 of the Civil Code. The court also ordered the defendant to make a public apology to the plaintiff.
An obligatory feature of the composition, for example, insults, is an indecent form of expressing a negative assessment, causing offense. The conclusion about its presence is made in each specific case based on the norms of morality and prevailing ideas in society.
The issues of determining the amount of compensation for moral damage should be decided by the court, taking into account the characteristics of the individual. If for one person the abusive actions caused a certain mental reaction, then for another person the same abusive actions may cause a lesser or greater negative mental reaction. In practice, the court resolves it as follows: if there is evidence in the case that a person sought psychological or psychiatric help after the event, and a case of seeking emergency medical care was recorded: hypertensive crisis, heart attack, heart attack, stroke, etc., then these are the most obvious evidence of moral harm to the court. Moreover, the more material damage was inflicted on health, the more damage was inflicted on the human psyche. The human body works in such a way that the occurrence of disorders in the work of one organ, in turn, will lead to deviations in the work of other organs. Therefore, if a person has experienced a strong emotional disturbance in connection with an event, this may subsequently result in sleep disorders, an increased sense of fear of an object, a violation of the normal functioning of the cardiovascular system, which will then lead to other abnormalities. In all cases, when considering cases of compensation for moral damage in courts, judges, when determining the amount to be recovered from the harm-doer, look at the "consequences" that have occurred for human health.
The courts point to the principles of fairness, sufficiency and reasonableness with reference to paragraph 13 of the Regulatory Decree "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities", taking into account the content of the disseminated information, the form of dissemination: via the Internet, the media, at a meeting, the limits of their dissemination, the form of guilt of the defendant and other circumstances.
The decision of the Ust-Kamenogorsk City Court of the East Kazakhstan region denied the claim of Yulia Alexandrovna Brantseva to Valentina Vasilyevna Ushakova for the protection of honor, dignity, business reputation and compensation for moral damage. According to the circumstances of the case, the basis of the claim is a statement submitted to the court on February 5, 2015, addressed to the head of the Ulba police department, which states that "Brantseva Yu.A. He does not raise his children, drinks alcoholic beverages, often leaves his children in the evenings, brings strangers home, some stay the night, behave like hosts...". An inspection was carried out on the specified application, explanatory notes were selected. According to the Act of inspection of housing and living conditions, the sanitary condition of the apartment is satisfactory, the plaintiff is engaged in raising children, the fact of the plaintiff's abuse of alcoholic beverages has not been confirmed. Brantseva Yu.A., characterized positively, had no police reports or complaints from neighbors, works as an assistant kindergarten teacher. The court did not establish the facts indicated in the statement, and the court found the plaintiff's arguments about the inconsistency of the information disseminated by the defendant to be justified. Based on the clarification of the Regulatory Decree "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" that civil liability occurs if there is a fact of dissemination of information, the refutation of which is sued, if this information discredits the honor and dignity of a citizen, the reputation of the organization, and they do not correspond to reality, and the court considered the plaintiff's claim for compensation for moral damage to be justified. Considering that the information that does not correspond to reality and discredits the honor and dignity of the plaintiff was disseminated by submitting an application addressed to the head of the criminal police department, the nature and content of the information disseminated, based on the principles of fairness and sufficiency, the financial situation of the defendant, the court determined the amount of compensation for moral damage in the amount of 5,000 tenge.
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