Interesting practice

The attorney of Law Firm “Mostovenko & Partners” used to represent the claimant’s interests in the civil case on protection of honour, dignity and business reputation.  In the result of considering this case a decision on forbidding the defendant to distribute information about the Claimant in any way was made.

The ground for filing a civil claim on protection of honour, dignity and business reputation of the citizen of Ukraine was numerous publications in the mass media with the help of which the Defendant in the case distributed wring wrong and offensive information about the Claimant.

As norms of Article 277 of the Civil Code of Ukraine specify that refutation of wrong information shall be made in the same manner as it used to be distributed, mass media through which wrong information about the Claimant used to become known to the public were involved in the case as the third persons.

During the case hearing, representatives of several TV channels interested in the presentation of court process filed petitions to the court to obtain a permit to carry out video shooting of court sittings referring to the norms of article  6 of the Code of Civil Proceedings of Ukraine regarding publicity and openness of judicial process.

At the urging of Claimant’s representatives the court refused to satisfy these petitions, as the Defendant used the presence of mass media in court to proclaim other statements for the purpose of distributing wrong information about the Claimant.

Considerable achievement in this case was appearance of a kind of judicial precedent, as previously courts almost did not use such method of protecting non-property rights as decision-making on satisfaction of claims on forbidding the Respondent to distribute wrong information about the Claimant in any way.