PROHIBITION OF DISSEMINATION OF INFORMATION AS A MEASURE TO PROTECT THE RIGHT OF JUDGES TO RESPECT FOR THEIR DIGNITY AND HONOR, TO THE INVIOLABILITYOF THEIR REPUTATION, VIOLATED IN THE MEDIA

УДК 347.962.1:342.721:659.3

ORCID: 0000-0002-1259-4243

DOI 10.37566/2707-6849-2024-3(48)-9

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Viktoria KUCHERIAVENKO,

Senior Partner of the Law Association "Kucheriavenko and Partners",

Associate Professor of the Department of Administrative Law,

Intellectual Property and Civil Law Disciplines,

Kyiv University of Intellectual Property and Law,

National University "Odesa Law Academy",

Doctor of Philosophy in Law

PROHIBITION OF DISSEMINATION OF INFORMATION AS A MEASURE TO PROTECT THE RIGHT OF JUDGES TO RESPECT FOR THEIR DIGNITY AND HONOR, TO THE INVIOLABILITYOF THEIR REPUTATION, VIOLATED IN THE MEDIA

The article is devoted to the research of the features of injunction on dissemination of information enforcement as a measure to protect the right of judges to respect for their dignity and honor, to the inviolability of their reputation, violated in the media.

The article defines that the injunction on dissemination of information is mainly the preventive protective measure, since it aims to prevent and/or constrict the range of recipients who are potentially able to acquire information violating personal non-property rights of a person. Attention is drawn to the distinction of two kinds of the researched measure of protection, which are characterized by different legal consequences of their execution.

On the basis of the analysis of scientific and practical works and in view of the practice of national courts, it is emphasized on: the necessity to take into account temporal factor while application of provisions of clause 1 of article 278 of the Civil Code of Ukraine; on the necessity to balance competing norms (inter alia, the right of a judge to respect for dignity and honor, to the inviolability of reputation, on the one hand, and the right of the media to freedom of thought and expression, freely express views and beliefs, the right of the society to receive publicly necessary information, on the other hand) while execution of injunction on dissemination of information as the measure of protection of the right of judges to respect for their dignity and honor, to the inviolability of their reputation. It was concluded that it is reasonable to combine injunction on dissemination of information and other measures of protection of the right to respect for dignity and honor, to the inviolability of reputation (disclaimer of untrue information, moral damage compensation).

Key words: personal non-property rights, dignity and honor of a judge, reputation of a judge, protection of the rights, court of justice, the media, injunction on dissemination of information.

References

Civil Code of Ukraine: scientific and practical commentary / E.O. Kharitonov [and others]; general editor E.O. Kharitonov [and others]. Kyiv: Pravova Yednist, 2008. 739 p.

Civil Codeof Ukraine: scientific and practical commentary / general editor Ya. M. Shevchenko. Kyiv: Concern «Publishing House  “In Yure”», 2004. 704 p.