Protection of company's business reputation in case of constant complaints of the same person. Part 2

We will continue to examine different matters of a business reputation of a legal entity in this article. We have already uncovered a definition “a business reputation” and legal grounds for defeating it in courts. A situation is clear enough if there is information which infringes a reputation in mass-media. However, an individual has to consider a lot of matters when he or she calls on different authorities and institutions.

The Article 34 of the Constitution of Ukraine defines that everyone has a right to choose freely, keep, use and spread information orally, in writing or in another way – it depends on you. At the same time, there is a very important clause: conducting of these rights can be restricted for defeating a reputation. As follows, the Main Law states that there is a right for spreading information and its restriction. The right to call on the state bodies, local authorities, officials of these authorities is regulated by the Article 40 of the Constitution of Ukraine.

The Law of Ukraine “On citizens’ appeal” regulates a procedure of calling on different authorities and institutions in general. Except it, there are special legal acts which provide person’s right to call on authorities and institutions. For example, an application on committing a crime is submitted to law enforcement bodies according to the Criminal Procedure Code of Ukraine and claim on actions of the State Fiscal Service’s workers is submitted according to the procedure which is defined by the Tax Code of Ukraine.

It means that an individual has a right to call on authorized authorities with application and claims which will be considered only if they are not anonymous.

Use of the presumption of a good faith is an important matter in cases on defeating a business reputation. This clause is regulated by the Article 277 if the Civil Code of Ukraine – negative information about person is considered to be invalid unless person, who distributed it, proves the opposite. The Decree of the Highest Court of Ukraine plenary dated the 27th of February 2009 no. 1 “On a court practice of cases on defeating person’s honor and dignity and also individual’s or legal entity’s business reputation” gives a definition of a “distribution of information”. Putting information into applications and letters to other people is also related to this. So there are all reasons for defeating a business reputation in a court.

But you also should count on some legal aspects which are defined in the Decree of the Highest Court of Ukraine dated the 27th of February 2009. For example, according to the Article 30 of the Law of Ukraine “On information” nobody can be responsible for saying estimated judgments.  Estimated judgments are saying, except slanders or insults, which don’t have actual information, particularly critic or evaluation of actions and also saying which can’t be interpreted as actual information, considering character of using language tools (hyperboles, allegories, satire). Estimated judgments are not subjects of refutation and of proving. Realization of the right which is regulated by the Article 40 of the Constitution of Ukraine is the most important matter. The Highest Court of Ukraine defines that calling on the law enforcement bodies which are authorize to check information, with an application can’t be the reason for satisfying a claim even if information is not proving. However, if there is false information, there aren’t any reasons for calling on the law enforcement bodies and it doesn’t have a purpose of conducting civic duty or defeating your rights and interests then there is a liability according to the laws of Ukraine.

You can find out more details on legal reasons of calling on a court for defeating your company’s business reputation in the previous article. 

Publication date: 17/10/2014

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