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of February 13, 2015 No. 4

About court practice according to the dispute resolution about protection of honor, advantage and goodwill

According to the Constitution of the Kyrgyz Republic everyone has the right to personal privacy, to protection of honor, advantage and goodwill.

The constitution of the KR proclaims the citizen's right to judicial protection against infringement of honor, advantage and goodwill, life, personal liberty; also guarantees everyone judicial protection.

In the Kyrgyz Republic human rights and freedoms according to international treaties which participant is the Kyrgyz Republic, the conventional principles and rules of international law (The International Covenant on Civil and Political Rights are recognized and guaranteed; Recommendations of the Mutual declaration of Special rapporteurs of the UN and OSCE concerning freedom of expression of opinion and Internet (Internet), etc.).

Each person has the right to freedom of expression which includes freedom to look for, receive and distribute any information and the ideas, irrespective of frontiers, orally, in writing or by means of seal or art forms of expression or different ways at the choice.

Use of these rights can be integrated to the restrictions established by the law.

Courts in case of the dispute resolution about protection of honor, advantage and goodwill provide balance between the right of citizens to protection of honor, advantage, and also goodwill, on the one hand, and other rights and freedoms guaranteed by the Constitution of the KR - freedom of thought, words, the right to freely look for, receive, transfer, to make and distribute information by any legal method, the right to personal privacy, personal and family secret, the right to the appeal to state bodies and local government bodies - with another.

In case of the dispute resolution about protection of honor, advantage and goodwill, for the purpose of ensuring the correct and uniform application of the legislation, the Plenum of the Supreme Court of the KR being guided by requirements of article 15 of the Law KR "About the Supreme Court of the KR and local courts" decides:

1. Draw the attention of courts that protection of honor, advantage and goodwill is constitutional right of citizens, and effective protection of goodwill of legal entities - the civil benefit providing realization of the principle of conscientiousness of participants of economic circulation.

2. In case of permission of cases of this category it is necessary to consider that the legislation does not contain determination of the concepts "honor", "advantage" or "goodwill" as they are moral and ethical categories.

At the same time, they at the same time are recognized the personal non-property rights to which the law attaches significance of independent subjects to judicial protection. Honor and advantage of the citizen are invaluable.

By hearing of cases of this category it is necessary to take into account that:

honor is the socially important characteristic of set of moral, moral, ethical, business and other qualities of the personality proceeding from positive provision of the personality in society, compliance of behavior of the personality to public foundations and the representations which developed in society;

advantage - reflection of this provision in consciousness of the personality, i.e. value judgment (self-assessment) based on socially important criteria of moral, moral, ethical, business qualities of the personality;

the goodwill of physical person is the public assessment of business and professional qualities of person which developed in case of accomplishment of labor, office, public or other functions by it and (or) obligations;


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