The Extended Understanding of Liability for Breach of Non-Material Values Integrity

The expansion of the list of intangible benefits dictates further legal understanding of their meaning and protection. The author of the article reflects on two major theoretical problems, setting the task of their optimal resolution. First of all, the issue of the position of personal non-property rights in circulation is raised. In view of the increasing involvement of these facilities in commercial activities, it is proposed to return to the term “personal rights”. Next, the issue of responsibility for the violation of intangible assets is raised. According to the most explicit interpretation of the provisions of civil legislation, a person, in accordance with Chapter 59 of the Civil Code of the Russian Federation, and a person as an ordinary citizen, according to the general provisions of Chapter 8 of the Civil Code, must use different protection regimes in combination with the basic remedy — reimbursement for damages. In the form of important results, three possibilities are found to apply for damages: first, when it is explicitly provided for in violation of personal rights consisting of intangible benefits, honor, dignity, and business reputation; secondly, when the objects of protection under discussion are related to an individuality, and these are life, health, personal integrity, authorship, and here Chapter 59 of the Civil Code, or rather, Art. 1082, according to which the court is given the opportunity to award damages instead of compensation in kind; thirdly, due to the violation of any personal rights based on Art. 15 of the Civil Code. It seems that such a disposition is favorable for the protection of intangible assets, the holders of the rights in question, who should enjoy the highest degree of protection according to international regulatory standards.