Such special methods of protection include
Posted: Tue Jun 17, 2025 10:32 am
The choice of the method of protection of a personal non-property right, in particular the right to respect for dignity and honor, the right to inviolability of business reputation, belongs to the plaintiff. At the same time, a person whose right has been violated may choose both general and special methods of protection of his right, determined by the law regulating specific civil legal relations.
In this regard, the courts must take into account that in accordance with Article 275 of the Civil Code, the protection of a personal non-property right is carried out in the manner established by Chapter 3 of this Code, as well as in other ways in accordance with the content of this right, the method of its dissemination and the consequences caused by this violation. , for example, refutation of inaccurate information and/or the right to reply (Article 277 of the Civil Code), prohibition of dissemination of information that violates personal non-property rights (Article 278 of the Civil Code), etc.
In accordance with Part Four of Article 32 of the Constitution of Ukraine, everyone is guaranteed judicial protection of the right to refute inaccurate information about themselves and their family members and the right to demand the removal of special database any information, as well as the right to compensation for material and moral damage caused by the collection, storage, use and dissemination of such inaccurate information.
An individual whose personal non-property rights have been violated as a result of the dissemination of inaccurate information about him or her and (or) his or her family members has the right to respond, as well as to refute this information (Part One of Article 277 of the Civil Code of Ukraine).
In this regard, the courts must take into account that in accordance with Article 275 of the Civil Code, the protection of a personal non-property right is carried out in the manner established by Chapter 3 of this Code, as well as in other ways in accordance with the content of this right, the method of its dissemination and the consequences caused by this violation. , for example, refutation of inaccurate information and/or the right to reply (Article 277 of the Civil Code), prohibition of dissemination of information that violates personal non-property rights (Article 278 of the Civil Code), etc.
In accordance with Part Four of Article 32 of the Constitution of Ukraine, everyone is guaranteed judicial protection of the right to refute inaccurate information about themselves and their family members and the right to demand the removal of special database any information, as well as the right to compensation for material and moral damage caused by the collection, storage, use and dissemination of such inaccurate information.
An individual whose personal non-property rights have been violated as a result of the dissemination of inaccurate information about him or her and (or) his or her family members has the right to respond, as well as to refute this information (Part One of Article 277 of the Civil Code of Ukraine).