Prohibition of dissemination of information 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 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.

Authors

Publication Details

Journal
Slovo of the National School of Judges of Ukraine
Published
2024-12-18
DOI
https://doi.org/10.37566/2707-6849-2024-3(48)-9
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Prohibition of dissemination of information 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

Вікторія Сергіївна Кучерявенко
Slovo of the National School of Judges of Ukraine
European and International Law Studies
article

Prohibition of dissemination of information 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

Вікторія Сергіївна Кучерявенко
article en

Abstract

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.

Slovo of the National School of Judges of Ukraine(3(48))
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
European and International Law Studies
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