The concept of intangible benefits. Like previous codifications, the current Civil Code does not contain a legal definition of intangible benefits and does not disclose their content. The matter is limited to a general indication that intangible goods belong to the objects of civil rights (Article 128 of the Civil Code) and the consolidation of their approximate list (Articles 150, 1521 of the Civil Code).

In modern educational and scientific literature, the problem of intangible benefits is usually addressed through the prism of studying personal non-property rights. And this despite the fact that all other types of objects of civil rights usually become the subject of independent research. This tradition does not contribute to the formation of a complete understanding of intangible benefits as a legal phenomenon, but it has to be taken into account.

V.L. Slesarev proposed to classify personal non-property rights (benefits) into those related to: 1) personal freedom and inviolability; 2) inviolability of spheres of personal life; 3) individualization of personality.

N.D. Egorov divided personal non-property rights (benefits) into: 1) embodied in the person himself (honor, name, dignity, personal image); 2) personal integrity and personal freedom; 3) related to the inviolability of personal life (inviolability of home, privacy of personal communication, privacy of personal life and personal documentation).

L.O. Krasavchikova divided all personal non-property rights (benefits) into two structural levels: 1) ensuring physical existence (life, health, favorable environment, personal integrity) and 2) ensuring social existence (name, honor, dignity and business reputation, private life, freedom of movement).

According to M.N. Maleina, among personal non-property rights (benefits) we can distinguish: 1) ensuring the physical and mental well-being (integrity) of the individual (life, health, physical and mental integrity, favorable environment); 2) contributing to the formation of individual personality (name, individual appearance and voice, honor, dignity, business reputation); 3) ensuring personal autonomy (secret of private life (including medical, notarial, lawyer secret, confidentiality of correspondence, telephone conversations and telegraph messages, etc.) and inviolability of private life (including personal freedom, inviolability of home, etc.)) ; 4) related to intellectual activity (authorship, author's name, etc.).

T.A. Faddeeva classified personal non-property rights (benefits) into: 1) individualizing a person (name / name of a legal entity, honor, dignity, business reputation, etc.); 2) ensuring physical integrity (life, freedom, choice of place of stay and place of residence, etc.); 3) ensuring the inviolability of the inner world of the individual and his interests (personal and family secrets, non-interference in private life, etc.).

In general, each of the above classifications has its own advantages and disadvantages. However, they have more similarities than differences. This is explained by the nature of intangible goods, which are interrelated with each other. Considering that the goal of any classification is the construction of systemic knowledge, and also that legal regulation tends to simplicity, a two-level division of intangible benefits into those ensuring 1) physical and 2) social existence of the individual is most preferable. The choice made is explained by the fact that all benefits are inextricably linked with a person, are a reflection of his uniqueness and, accordingly, individualize him in all types of relationships.

The study of types of intangible benefits is not limited to the given classifications based on the criterion of target orientation. Therefore, some authors carry out a more detailed gradation within each type of intangible benefits. So, according to T.V. Drobyshevskaya, a favorable environment, life as an intangible benefit consists of many components: clean drinking water and clean reservoirs, clean air, unpolluted land, favorable living environment (working conditions, living conditions, recreation, education, training, etc.), information about the sanitary and epidemiological state, etc.

From a methodological point of view, this approach to considering intangible benefits deserves attention. However, it is necessary to take into account its certain conditionality, since most subtypes of intangible benefits are unlikely to have sufficient independence and represent different facets of any one intangible benefit (for example, sleep, information about health status, qualified treatment and prosthetics, donation and transplantation are one way or another components of such an intangible benefit as health).

Protection of intangible benefits

Protection of honor, dignity, business reputation. In many ways, the rules on the protection of honor, dignity and business reputation enshrined in the Civil Code reproduce the norms of Art. 7 of the Civil Code of the RSFSR, which allows us to consider them quite traditional. However, technological progress (for example, information technology) serves as the basis for the emergence of new ways to diminish these intangible benefits. This circumstance gives rise to new problems related to the effectiveness of protection, which often do not find a clear solution in legislation and in practice.

As before, there is no legal definition of honor, dignity and business reputation. Usually in the doctrine, honor is understood as a social assessment of the qualities and abilities of a particular person, dignity is a self-assessment of one’s qualities and abilities, and reputation (Latin reputatio - thinking, thinking) is an opinion formed about a person, based on an assessment of his socially significant qualities, in including professional ones (in the latter case it is customary to talk about business reputation).

Although honor, dignity and business reputation are recognized as independent intangible benefits, one cannot but agree that they essentially coincide, determining the moral status of an individual, his self-esteem and position in society.

As science rightly points out, each subject has the right to claim that public opinion about him and his behavior is formed on the basis of objective data. In this sense, the protection of reputation coincides with the protection of honor and dignity in the form in which it is ensured by current law.

In addition, when revealing the essence of the protection of honor, dignity and business reputation, it is necessary to take into account the relationship of the latter with other intangible benefits. Reputation as a public opinion formed about a person is personified through a name (name). That is why the protection of reputation is often called the protection of a good name. The powers that make up the right to a name include the ability to demand from others that actions and (or) events in which the person did not participate are not associated with a specific name (name). It follows from this that both the protection of reputation and the protection of name become a single way of protecting the interests of the individual.

Further, the scientific literature draws attention to the fact that a person’s reputation is formed not only on the basis of his behavior, but also through the perception of external appearance (see below for the concept of the latter). Therefore, the protection of reputation is inextricably linked with the protection of individual appearance and, in particular, the image of the face.

In other words, the protection of reputation, which reflects the comprehensive perception of the individual by others, covers, as A.P. correctly emphasized. Sergeev, a number of legal means ensuring the objectivity of such perception (protection of honor and dignity), non-interference in personal life (protection of personal life), proper personification (protection of name), inviolability of appearance (protection of image).

Thus, it is important to take into account that the provisions of Art. 152 of the Civil Code are aimed at protecting the objectivity of individual perception. However, for the most part, the protection of individual interests is not limited to this. Therefore, the protection of honor and dignity simultaneously takes place with the protection of name and privacy (in general, this can be called the protection of reputation in a broad sense).

The basis for the protection of honor, dignity, business reputation (in the sense of paragraph 1 of Article 152 of the Civil Code) is the simultaneous presence of the following conditions:

1. discrepancy with the reality of information;
2. defamatory nature of the information;
3. fact of dissemination of information;
4. distribution of information by a third party.

The legislation does not disclose what should be understood by information about facts that do not correspond to reality. In the doctrine, such information is usually understood as judgments about the qualities and abilities of a person, his behavior, lifestyle, events that occurred in the life of a person, to which the criteria of truth (occurred in reality during the period to which the relevant information relates) and falsity apply ( accordingly, did not happen in reality), i.e. factual judgments. For example, statements about a person committing an offense, having sadistic or masochistic tendencies, etc.

It is necessary to distinguish from factual judgments evaluative judgments, which express only the opinion of a third party (persons) and, as a result, reflect the attitude towards the subject of thought as a whole or its individual characteristics (for example, a judgment that a particular person has a light/heavy character , optimistic/pessimistic outlook on life, etc.). Therefore, the criteria of truth/falsity are not applicable to value judgments that do not state a fact of reality. Therefore, expressing a value judgment cannot violate honor, dignity and business reputation.

In addition to value judgments, the literature identifies so-called value judgments with factual reference, i.e. those that contain statements in the form of an assessment (for example, an indication that a person is mean, unprincipled). There is no clear answer to the question of whether the dissemination of such information should be considered a disparagement of honor, dignity and business reputation. In addition, from the point of view of substantive differences, it is quite difficult to distinguish simply value judgments from value judgments with factual reference, since the very selection of these types of information is largely subjective, and the connection with facts is one way or another inherent in any assessment of the qualities of the subject. It seems that if such information is not neutral in nature from an ethical point of view and if at the same time it can be verified for compliance with reality, then only taking into account the specific circumstances in each case, as well as taking into account the essence of the information, and not individual details, the protection of honor, dignity and business reputation is permissible (of course, if all other necessary conditions are present, which in their entirety constitute the basis for protection).

Further, information that does not correspond to reality must be of a defamatory nature. Doctrine and judicial practice recognize as defamatory, in particular, information containing allegations of violation by a citizen or legal entity of the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and business activities, violation business ethics or business customs that detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity (paragraph 5, paragraph 7, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3). At the same time, it is obvious that the category of “defamatory” information is of an evaluative nature, so the above list can hardly be considered exhaustive. In other words, any information containing negative information of a legal or moral nature should be considered defamatory. However, the problem of qualifying information as defamatory also does not have a universal solution. Therefore, in this case, it is necessary to take into account all specific circumstances, including those related to the personality of both the injured person and the person who disseminated the information.

The above allows us to conclude that the provisions of Art. 152 of the Civil Code do not apply to cases of so-called defamation, i.e. dissemination of true information that discredits a person (for example, about a criminal record, venereal disease, etc.), or even not defamatory, but negatively characterizes or is simply unpleasant or undesirable for a particular person (for example, disclosure of family secrets, information about physical disabilities ). In such situations, the legitimate interests of the victim are ensured by rules on the protection of privacy, etc.

Untrue and defamatory information must be disseminated. The dissemination of this information usually means the publication of such information in the press, broadcast on radio and television, demonstration in newsreels and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in job descriptions, public speeches, statements addressed to officials, or a message in one form or another, including oral, to at least one person. The communication of such information to the person to whom it concerns cannot be recognized as its dissemination if the person who provided this information took sufficient confidentiality measures so that it did not become known to third parties (paragraph 2 of paragraph 7 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3 ).

Finally, the distribution of the above information must be carried out by a third party. In other words, the dissemination of any information by a person about himself cannot be considered a circumstance that violates the conditions of objectivity in the formation of an opinion about this person: the public assessment of the qualities and abilities of an individual depends, not least of all, on his own behavior. However, it follows from the meaning of the legislation that this rule has exceptions. Thus, if a person spreads defamatory information about himself as a result of physical and (or) mental violence exerted on him, then in this case there is a derogation of honor, dignity and business reputation as a result of unlawful actions of another person, who must act as an obligated party to the request for protection of honor, dignity and business reputation.

Along with this, it is not considered a violation to use an image that:

1) carried out in state, public or other public interests (for example, images of various political and public figures);

2) obtained during filming in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events), however, provided that such an image is not the main object of use;

3) obtained as a result of posing by a citizen for a fee. Actually, we are talking mainly about sitters and professional models, as well as those individuals who posed for financial or other gain, and not in order to obtain an image for personal use. Therefore, this rule does not apply to cases where an image of a citizen is produced on his order for his own needs (for example, the production of artistic photography in a photo studio).

The first two cases can be considered an exception to the general rule about the need for a citizen’s consent to use his image. As for posing for pay, it's not so much about the lack of consent as it is about the fact that it is inherently implied.

Article 1521 of the Civil Code does not contain any instructions regarding entities authorized to make claims for protection, special methods of protecting an image in the event of its unauthorized use, as well as the procedure for their application. Consequently, the general provisions of civil law apply.

Despite the traditional nature of the above rules, many issues related to the protection of citizens’ images have not been properly regulated. For example, is there a time limit on the existence of the obligation to obtain consent to use the image; what is meant by the absence of persons authorized to give consent (death or objective impossibility of contacting them, for example due to lack of information about their place of residence); Is the consent of those specified in Art. 1521 of the Civil Code of persons in the event that the material carrier of the image of a citizen belongs by right of ownership to other persons; who should (and should) give consent to the use of the image in the absence of children, a surviving spouse and parents of the depicted citizen, etc.? The specificity of intangible benefits does not allow us to develop a unified approach. Therefore, these issues must be resolved on the basis of the general meaning of civil law and taking into account specific circumstances. At the same time, whatever the solution to these issues, in any mode of use of a citizen’s image, distortions and (or) changes in the image captured in objective form are unacceptable.

The objects of civil rights of the Civil Code include such intangible benefits that belong to a person from birth or by force of law, such as life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets; Citizens are recognized with the right to freedom of movement, choice of place of stay and residence, the right to a name and other rights and freedoms (Article 150 of the Civil Code).
All these objects of law are united by a set of common features:
- lack of economic content;
- impossibility of property valuation;
- an inextricable connection with the personality and inalienability from it.
In this regard, civil law regulation of relations regarding this category of objects comes down mainly to ensuring their protection (clause 2 of article 2 of the Civil Code).
Intangible benefits become objects of a special category of subjective rights - personal non-property rights. For example, the bearer of the name has a personal non-property right to the name. Due to the inseparability of these goods from the bearer, we recall that they are not objects of civil circulation.
Possession of the listed intangible benefits can give rise to property consequences only if the corresponding subjective right is violated. In general, personal non-property rights arising in relation to these objects are not related to property rights.
Personal non-property rights can also arise in relation to intangible objects of a different kind - intellectual property objects. However, the possession of personal non-property rights in relation to such objects is accompanied by the presence of property rights. For example, the right of authorship allows its owner to use the object of copyright in property circulation. The right to a company and other exclusive rights in certain cases may be transferred to other persons. As part of the purchase and sale agreement for an enterprise, the right to a company name, trademark, etc. may be alienated - clause 2 of Art. 559 of the Civil Code, under a commercial concession agreement, these rights can be transferred for use - clause 1 of Art. 1027 Civil Code.
Both citizens and legal entities have intangible benefits, as well as personal non-property rights. Thus, both an individual and a legal entity can have a business reputation. The right to life and health belongs to every individual from birth.
The specifics of the objects of personal non-property rights predetermine the features of their protection. Intangible benefits are protected in accordance with the Civil Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and to the extent to which the use of methods of protecting civil rights (Article 12 of the Civil Code) follows from the essence of the violated intangible right and the nature of the consequences this violation (clause 2 of article 150 of the Civil Code). For example, general methods of protecting civil rights - damages and compensation for moral damage (physical and moral suffering) are also applicable in cases of violation of non-property rights. Causing harm to health entails the emergence of the right to compensation for said harm, compensation for additional expenses for restoring health (clause 1 of Article 1085 of the Civil Code), as well as the possibility of compensation for moral damage. To protect honor, dignity, business reputation, violated by the dissemination of defamatory information, the bearer of these intangible benefits has the right to file a special claim - to refute this information (clause 1 of Article 152 of the Civil Code), as well as to demand compensation for moral damage.
Despite the inalienability of these intangible benefits and personal non-property rights, their implementation and protection can, in cases and in the manner provided by law, be implemented not by the right holder himself, but by other persons. For example, relatives of the deceased have the right to protection of his honor and dignity (clause 1 of Article 152 of the Civil Code).
The protection of personal non-property rights is carried out not only within the framework of the branch of civil law, but is also ensured by the norms of constitutional, criminal and administrative law.

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Introduction

2. Intangible benefits as objects of civil legal relations

Conclusion

Bibliography

INTRODUCTION

Civil law norms contained in various types of regulations are designed to regulate social relations that constitute the subject of civil law. The concept of civil legal relations plays an important role in revealing the mechanism of civil law regulation of public relations. As a result of the regulation of social relations by civil law, they acquire legal form and become civil legal relations. Civil legal relations are nothing more than the social relations themselves, regulated by the norm of civil law. The subject of civil law includes both property and personal non-property relations. As a result of the regulation of property relations by civil law, civil property relations arise. If personal non-property relations are regulated by civil law, personal non-property legal relations are established.

Of particular importance in the structure of civil legal relations is its object. The object of a legal relationship is traditionally usually understood as what this legal relationship is aimed at and has a certain impact. As a social connection between people, established as a result of their interaction, a civil legal relationship can only influence human behavior. Therefore, the object of a civil legal relationship is the behavior of its subjects, aimed at various kinds of material and intangible benefits.

Within the framework of this work, we will consider the concept of the object of civil legal relations in the sense that is put into it by the legislator (in particular, Article 128 of the Civil Code of Russia), and we will also consider in more detail one of the objects of civil legal relations - intangible benefits.

1. Objects of civil legal relations: concept and types

The object of law must be understood as that to which the rights and obligations of the subjects of legal relations are directed, i.e. “things, including money and securities, other property, including property rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible benefits” (Article 128 of the Civil Code of the Russian Federation).

On the issue of the object of civil legal relations, a variety of opinions are expressed in the literature. Some authors believe that things always act as the object of civil legal relations. Meanwhile, things are not able to respond to the influence of a legal relationship as a certain kind of connection between people. Interaction between people alone cannot lead to any changes in things. Only human behavior directed towards a thing can cause corresponding changes in it. Other authors believe that the object of a civil legal relationship forms human behavior. However, not all human behavior constitutes the object of a legal relationship. Thus, it is impossible to consider as an object the behavior of people in the process of their interaction within the framework of the legal relationship existing between them. This behavior constitutes the content of a civil legal relationship. Only the behavior of subjects of civil legal relations, aimed at various kinds of material and intangible values, can act as an object of civil legal relations. For the reasons stated above, material, spiritual and other benefits themselves cannot be considered as an object of civil legal relations: things, products of creative activity, people’s actions, results of actions, etc., as some authors believe. Civil legal relations can only influence strictly defined phenomena of the surrounding reality, the behavior of people aimed at various kinds of benefits, but not on these benefits themselves. An object itself loses any meaning if no influence can be exerted on it.

However, the civil legislation of Russia somewhat simplifies the system of civil legal regulation we have presented, establishing that the object of civil relations should not be considered the behavior of its subjects, but what this behavior is aimed at. In general, this position is completely justified, since for the real regulation of civil relations only the final result of the mechanism of social interaction matters. The analysis of the behavior of the participants is discussed in detail in each specific type of obligation, and therefore is not highlighted in the law as a direct object of civil legal relations.

property;

actions (works and services);

intangible benefits.

2. Intangible benefits as civil objects

legal relations

Article 150 of the Civil Code of the Russian Federation contains an approximate (non-exhaustive) list of legally protected material benefits, consisting of intangible benefits acquired by citizens and legal entities by virtue of birth (creation) and by force of law.

The first group of these benefits includes life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets. The second includes the right of free movement, the right to choose a place of stay and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible benefits (the right to life, health, etc.). In relation to legal entities, by virtue of their creation, such intangible benefits (rights) as business reputation arise, and by force of law - the right to a company, a trademark and other rights.

2.1 Signs of non-property benefits

The concept of “intangible benefit” is a collective one, referring both to the “good” itself and to personal non-property rights.

The benefits of the first group (i.e., acquired by virtue of birth (creation)) objectively exist regardless of their legal regulation and only in cases of encroachment on them require legal protection. The benefits of the second group (i.e., acquired by force of law) are subjective rights that form the content of a specific legal relationship, and thus are already regulated by the rules of law. These rights enjoy legal protection in cases where they are violated.

The presence of the indicated characteristics in intangible goods (inalienability and non-marketability) should not be considered as the impossibility of their implementation and protection by third parties (for example, claims of legal representatives to protect the honor and dignity of minors) or the impossibility of causing economic damage to their bearers due to undermining the business reputation of a legal entity or individual entrepreneur.

A peculiarity of the exercise of personal non-property rights is that the law does not determine the limits of the realization of intangible benefits by an authorized person, but establishes the boundaries of the intrusion of other persons into the personal sphere.

The use of compulsory measures to restore intangible benefits is permitted in cases where there is a violation of these limits. At the same time, moral standards in deciding the issue of establishing the boundaries of behavior of authorized and obliged persons are of significant importance.

2.2 Classification of non-property rights

According to the degree of connection between personal non-property rights and the property rights of the holders of these rights, personal non-property rights are divided into personal non-property rights associated with property and personal non-property rights not associated with property.

According to the target orientation, personal non-property rights are classified as follows:

2.3 Protection of intangible benefits

The specificity of civil law methods of protecting personal intangible benefits is manifested in the fact that the restorative function of protection is applied regardless of the guilt of the offender.

Current legislation allows for the protection of intangible benefits both in court and out of court.

Any procedure (subject to certain circumstances and conditions established by law) can be used by a person whose rights and legitimate interests are violated by the dissemination of information that does not correspond to reality and discredits his honor, dignity and business reputation.

The extrajudicial procedure for the protection of intangible benefits is regulated by Art. 43-46 of the Law of the Russian Federation of December 27, 1991 N 2124-1 “On the Mass Media”. The peculiarity of such protection is that controversial relations between the parties (the mass media and the citizen or legal entity in respect of which defamatory and untrue information was disseminated) can be resolved by the parties to the conflict themselves without the mediation of the judiciary. The latter are involved in the disputed legal relations that have arisen only in the case when the victim (individual or legal entity) appeals to the court the refusal to refute or the violation of the procedure for refutation by the media.

According to this Law, a citizen (his legal representative) or an organization has the right to demand from the editorial office a refutation of information that is untrue and discredits their honor and dignity, which was disseminated in a given mass media, and the editorial office of a media outlet is obliged to refute them in the same mass media if does not have evidence that the information he disseminates is true.

In this case, the applicant is given the right to prepare the text of the refutation himself. In this case, the editorial office is obliged to distribute such text if it meets the requirements established by the Media Law. In addition, the editors of a radio and television program, obligated to disseminate a refutation, may provide the citizen or representative of the organization who requested this with the opportunity to read out their own text and transfer it into recordings.

A citizen or organization in relation to which information is disseminated in the mass media that does not correspond to reality or infringes on the rights and legitimate interests of the citizen, has the right to a response (comment, remark) in the same mass media (Article 46 of the Law on Mass Media). At the same time, the rules governing the right to refutation, the procedure and grounds for refusing a refutation (Articles 43-45 of the Law) apply both to the answer and to the refusal thereof.

A distinctive feature of the right to refutation and the right to reply is that for the first to arise, two conditions must be present: the disseminated information must be untrue and discredit the honor, dignity and business reputation of the person concerned; For the right to reply to arise, the presence of one condition is sufficient - discrepancy between the disseminated information and reality or infringement of the rights and legitimate interests of a citizen.

The Law of the Russian Federation “On the Mass Media” also defines the grounds for refusing a refutation, which are mandatory or optional.

Thus, a refutation is refused if these demands or the submitted text of the refutation: are an abuse of freedom of mass information in the sense of paragraph. 1 tbsp. 4 Law of the Russian Federation "On the Mass Media"; contradict a court decision that has entered into legal force; are anonymous.

A refutation may be refused if information that has already been refuted in a given media outlet is being refuted, or such demands or the submitted text were received by the editor after one year from the date of dissemination of the refuted information in this media outlet.

Article 208 of the Civil Code of the Russian Federation classifies requirements for the protection of personal non-property rights and other intangible benefits as requirements to which the statute of limitations does not apply. This rule does not apply to cases where the law provides otherwise.

It follows that the deadlines for refutation established by the Law of the Russian Federation “On the Mass Media,” including the specified period for presenting a demand to the media for a refutation or for receiving the text of a refutation, do not contradict the mentioned article of the Civil Code of the Russian Federation.

The mentioned norm should not be considered as infringing on a person’s right to defense, since he is not deprived of the opportunity to address the relevant demands to the judicial authorities. Moreover, this possibility can be exercised through both civil and criminal proceedings, and, under certain circumstances, by appealing to the European Court of Human Rights.

The civil procedure for the protection of honor, dignity and business reputation is regulated by Chapter. 8 Civil Code of the Russian Federation; Ch. 5, 26, 27 and sec. 11 Code of Civil Procedure of the RSFSR, Art. 22 and 212 of the Arbitration Procedure Code of the Russian Federation.

The current Civil Code of the Russian Federation contains rules aimed at regulating and protecting intangible benefits, which differ significantly from previous legislation. The Civil Code of 1964 provided rules for the protection of certain personal rights of citizens and legal entities. The new code establishes rules for their regulation and protection that are common to all personal non-property rights and other intangible benefits.

The need to include in it a special chapter devoted to intangible benefits as objects of civil law is caused primarily by a significant expansion of the scope of civil law regulation.

Statistics show that the number of cases related to the protection of honor, dignity and business reputation in courts of general jurisdiction and arbitration courts is increasing every year. Moreover, the growth rate is significantly ahead of the growth dynamics of other categories of disputes.

Word, text and context become the main subject of conflicts that arise.

Since the relations in question have become the subject of civil legislation relatively recently, it is very important that the legal norms governing them allow the court to flawlessly solve the tasks assigned to it in resolving conflicts related to them.

It is the court that, in contrast to the order of protection already given, is that state body - a third party, which, by virtue of the powers granted to it by law, can make a fair decision based on the principles of legality, independence of judges, equality of organizations and citizens before the law and the court, adversarial and equality of the parties, publicity of the proceedings.

The civil legal procedure for the protection of intangible benefits allows us to significantly expand the circle of persons to whom claims for the protection of honor, dignity and business reputation can be made. It makes it possible not only to protect intangible benefits by refuting disseminated information, but also to compensate for moral harm (physical or moral suffering) caused to a citizen by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen.

Only the court can determine the degree of guilt of the offender, other circumstances worthy of attention, the degree of physical and moral suffering associated with the individual characteristics of the person who suffered harm, when determining the amount of compensation for moral damage.

Only a court can decide the issue of compensation for losses caused to a person by the dissemination of information discrediting his honor, dignity and business reputation.

Only a judicial act has the property of being generally binding, i.e. for non-compliance, the court has the right to impose a fine on the violator, recovered to the state's income. Moreover, payment of a fine does not relieve the violator from the obligation to comply with the court decision.

In a judicial proceeding, disseminated information may be recognized as untrue even in cases where it is impossible to identify the person who disseminated it, as well as after the death of the person in respect of whom such information was disseminated.

Considering that the current legislation does not exclude the possibility of considering issues related to intangible benefits in arbitration courts, the disputing parties can resort to its services. The decision he makes is subject to execution in the manner established by the legislation of the Russian Federation.

The criminal law procedure for the protection of honor, dignity and business reputation differs from the previous two in that in its implementation the active role of the state is manifested. It cannot avoid participating in the process of conflict resolution due to the fact that for the most dangerous attacks on intangible goods, the legislation establishes especially severe punishments, aimed, first of all, not at the property of the criminal, but at his person, and such acts have the property of increased social danger.

The Criminal Code of the Russian Federation provides for several types of criminal attacks on honor and dignity (Articles 129, 130, Chapter 17 of the Special Part of the Criminal Code of the Russian Federation).

Slander, i.e. dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation.

The Criminal Code of the Russian Federation includes among special types of slander that pose an increased public danger: slander contained in a public speech, publicly displayed work or in the media, as well as slander associated with accusing a person of committing a serious or especially serious crime.

Insult, i.e. humiliation of the honor and dignity of another person, expressed in an indecent form. The Criminal Code of the Russian Federation, as in the case of libel, defines an insult contained in a public speech, a publicly displayed work or the media as a more serious type of insult.

Cases on these crimes are initiated upon the complaint of the victim himself or by the prosecutor. In the first case, it is subject to termination in the event of reconciliation between the victim and the accused. In the second case, on the specified grounds, the case cannot be terminated. The case is not subject to termination as a result of reconciliation even in the case when the prosecutor entered into the case initiated on the basis of a complaint from the victim.

The nature of the attacks in question and the existence of a special relationship between the offender and the offended introduce certain features into the procedure for initiating a criminal case, investigation and trial of cases of libel and insult (the judge taking measures to reconcile the victim with the person against whom the complaint was filed, before initiating the case; conducting mandatory preliminary investigation if the crime was committed by a minor or a person who, due to his physical and mental disabilities, cannot exercise his right to defense).

In the criminal law procedure for the protection of honor and dignity, the principle of the presumption of innocence applies, according to which only that person whose guilt in disseminating relevant information will be proven by directly examined evidence in a court hearing can be held liable for libel and insult.

The protection of intangible benefits can be carried out not only by judicial authorities formed in accordance with the Constitution of the Russian Federation, but also by relevant international bodies, in particular the European Court of Human Rights.

This Court was established within the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on November 4, 1950.

The Convention was ratified by the Federal Assembly - the Parliament of the Russian Federation with some reservations and came into force for the Russian Federation on May 5, 1998 (see Federal Law of March 30, 1998 N 54-FZ).

Russia became a full member of the Council of Europe. From this moment on, international legal documents (the said Convention and its protocols) are binding on the Russian Federation. The Russian judicial system has received strong support in the form of international judicial control, which contributes to the further improvement of the protection of the rights and freedoms of citizens.

At the same time, arbitrary interference of the European Court in the activities of the justice authorities of member states of the Council of Europe is not allowed. It can only occur if there is a violation of the fundamental norms of the European Convention in judicial acts adopted by one of the High Contracting Parties, as well as provisions formulated by the European Court and aimed at protecting violated rights and the right to justice.

The European Convention contains provisions aimed at ensuring that every person under the jurisdiction of parties to the Convention has rights and freedoms such as the right to life, health protection, protection of dignity, independence, integrity, and effective legal protection. Thus, no one can be sentenced to death or executed; be subjected to torture and inhuman or degrading treatment or punishment; to be kept in slavery; be involved in forced or compulsory labor; be unlawfully deprived of liberty. Everyone has the right to a fair public hearing within a reasonable time by an independent and impartial court established by law, respect for his private and family life, inviolability of home and correspondence, freedom of thought, conscience and religion, freedom to express his opinion (including receiving and disseminate information and ideas without any interference from government authorities and regardless of state borders), freedom of peaceful assembly, association, unimpeded enjoyment of one's property and other rights.

Ensuring rights and freedoms is carried out by the European Court of Human Rights established for this purpose with certain conditions and restrictions that are established by law and are necessary in a democratic society in the interests of state security and public peace, the economic well-being of the country, in order to prevent riots or crimes, to protect health , morality, protection of the rights and freedoms of others. Moreover, the restrictions allowed by the Convention in relation to these rights and freedoms should not be applied for purposes other than those for which they are provided.

This Court operates on a permanent basis. The number of judges is equal to the number of High Contracting Parties.

According to Art. 34 of the Convention, the Court may receive applications from any individual, non-governmental organization or any group of individuals who claim to be victims of a violation by one of the High Contracting Parties of the rights provided for in the provisions of the Convention and its protocols. In this case, the Court accepts the case for consideration only after all domestic remedies corresponding to generally recognized norms of international law have been exhausted.

The case is considered within six months from the date of the final decision by the national authorities (Article 35 of the Convention).

To hear cases, the Court forms committees of three judges, a Chamber of seven judges and a Grand Chamber of seventeen judges.

The Court has jurisdiction over all matters relating to the interpretation and application of the Convention and its Protocols. In the event of a dispute about the jurisdiction of a case by the Court, this issue is resolved by the Court itself.

The case is considered with the participation of interested parties. The Court hearing is open unless, due to exceptional circumstances, the Court decides otherwise.

The complaint is submitted to a committee, which may declare it inadmissible by unanimous decision or remove it from the list of cases to be considered if such a decision can be made without further study. This decision is final.

If no decision is made, the Chamber decides on the admissibility of the complaint.

Where a case before a Chamber raises a serious question concerning the interpretation of the Convention or the protocols thereto, or where the determination of the question is likely to conflict with a previous judgment of the Court, the Chamber may, before rendering its judgment, relinquish jurisdiction to the Grand Chamber provided that neither party objects to this.

The decisions of the Chambers become final if: the parties declare that they will not request that the case be referred to the Grand Chamber; three months after the decision is made, there is no request to send the case to the said Chamber; The Grand Chamber committee rejects the Chamber's request to refer the case to the Grand Chamber.

The decision of the Grand Chamber is final, subject to publication and execution by the High Contracting Parties.

Supervision of the implementation of the final judgment of the Court is carried out by the Committee of Ministers.

According to Art. 17 of the Convention, nothing shall be interpreted as implying that any State, group of persons or any person has the right to engage in any activity or carry out any action aimed at the non-fulfillment of any rights and freedoms set out in the Convention, or to their limitation to a greater extent than provided for by the Convention.

If the Court declares that there has been a violation of the provisions of the Convention or its protocols and the domestic law of a High Contracting Party allows for the possibility of partial reparation, the Court, if necessary, awards just compensation to the injured party (Article 42 of the Convention).

It follows that if the court of the Russian Federation makes a decision regarding the protection of intangible benefits, in violation of the provisions of the Convention or its protocols, and also if it applies partial compensation, the European Court may award more complete (fair) compensation for the non-material harm caused to the injured party.

Conclusion

Civil legal relations are nothing more than the social relations themselves, regulated by the norm of civil law. The subject of civil law includes both property and personal non-property relations.

The object of law must be understood as what the rights and obligations of the subjects of legal relations are aimed at.

Civil legal relations can only influence strictly defined phenomena of the surrounding reality - people's behavior aimed at various types of benefits, but not on these benefits themselves.

Objects of civil legal relations can be divided into four groups:

property;

actions (works and services);

results of intellectual (creative) activity;

intangible benefits.

The Civil Code considers intangible benefits as a type of object regarding which civil legal relations may arise.

The main features of non-property benefits (rights) are the deprivation of their material (property) content and the inextricable connection with the personality of their bearer (they cannot be alienated or otherwise transferred to other persons on any basis).

According to the target orientation, personal non-property rights are classified as:

1) personal non-property rights aimed at individualizing a person: the right to a name (name of a legal entity), the right to honor, dignity, business reputation, etc.;

2) personal non-property rights aimed at ensuring the physical integrity of the individual (life, freedom, choice of place of stay, place of residence, etc.);

3) personal non-property rights aimed at the inviolability of the inner world of the individual and his interests (personal and family secrets, non-interference in private life, honor and dignity).

Protection of intangible benefits is carried out in accordance with the Civil Code of the Russian Federation and other laws in the cases and procedures provided for by them, as well as in those cases and to the extent to which the use of methods of protecting civil rights (Article 12 of the Civil Code of the Russian Federation) follows from the essence of the violated intangible right and nature consequences of this violation.

Bibliography:

Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ (Part One) and of January 26, 1996 No. 14-FZ (Part two) // Collection of legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301; 1996. - No. 5. - Art. 410;

Civil law of Russia. Lecture course. Ed. HE. Sadikov. - M.: Legal literature, 1996;

Civil law: Textbook / Ed. E.A. Sukhanova - M., 1998, vol. 1.

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30. Intangible benefits as objects of civil rights, their protection.

Intangible benefits characterize the social and legal position of a person in society; they consolidate and reflect the spiritual interest of the individual, his individual properties, moral and aesthetic qualities.

Intangible benefits include life and health, honor and dignity, good name, individual image of a citizen, privacy, personal and family secrets, freedom of movement and choice of place of residence, name, right of authorship, as well as other intangible benefits and personal non-property rights to them that belong to a citizen from birth or by virtue of law.

All intangible benefits have a non-economic nature; they are closely related to the individual, determining his uniqueness and originality.

Signs: 1. Intangible benefits are inseparable from the personality of a citizen, inextricably linked with it and cannot be alienated in any form, they cannot be sold, donated, exchanged, or inherited; they do not have any material embodiment, but are embodied only in a specific person, while some of the intangible benefits belong to the citizen by birth (life, health, dignity, honor), the other part - by force of law (personal family secrets, freedom of movement) .

Business reputation is an acquired intangible benefit.

2. All intangible benefits are absolute in nature and, accordingly, personal rights of the poor are absolute, cat. arise about these intangible benefits. This means that the legal relations that develop regarding intangible benefits are also absolute, and the owner of an intangible benefit, whose right has been violated, can file a claim for protection in court against any third party who will be recognized as a violator of someone else’s intangible benefit at the time occurrence of a claim.

3. Intangible benefits are subject to unlimited judicial protection, which means that the statute of limitations does not apply to relevant claims for protection.

Intangible benefits can be classified according to a number of characteristics, for example, based on the basis of their occurrence: a) benefits of the first level, belonging from birth (initially): b) benefits of the second level, belonging by force of law, according to the degree of connection with material benefits.

Non-material benefits are protected in both jurisdictional and non-jurisdictional forms. Protection is carried out through the application of protective measures (recognition of rights, restoration of the situation that existed before the violation, and suppression of illegal actions, termination or change of legal relations, non-application by the court of a state (municipal) act that is contrary to the law), and measures of liability (compensation for moral damage.

The basis for the protection of honor, dignity, and business reputation is the simultaneous presence of the following conditions:

1) discrepancy with the reality of information; 2) defamatory nature of the information; 3) the fact of dissemination of information;

4) distribution of information by a third party.

When filing a claim for the protection of honor, dignity and business reputation, the burden of proof is distributed as follows. The injured person must prove the fact that the information was disseminated by the person against whom the claim was made, as well as its defamatory nature. In turn, the person against whom the claim is made is obliged to prove that the information disseminated is true. The request for protection is subject to satisfaction if, when it is proven that the information was disseminated by a specific person, the latter cannot prove that it corresponds to reality.

An apology as a method of judicial protection of honor, dignity and business reputation is not provided for by law, therefore the court does not have the right to oblige defendants in this category of cases to apologize to plaintiffs in one form or another. However, the court has the right to approve a settlement agreement, according to which the parties, by mutual consent, provide for an apology by the defendant in connection with the dissemination of untrue defamatory information regarding the plaintiff, since this does not violate the rights and legitimate interests of other persons and does not contradict the law, which does not contain such a ban.

Protecting a citizen's image.

Any use, including through publication, of someone else’s image without the consent of the person depicted is considered a violation. In the event of the death of this person, such consent may be given by the children or surviving spouse, and in their absence, by the parents.

Along with this, it is not considered a violation to use an image that:

1) carried out in state, public or other public interests (for example, images of various political and public figures);

2) obtained during filming carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions), however, provided that such an image is not the main object of use;

3) obtained as a result of posing by a citizen for a fee. Actually, we are talking mainly about sitters and professional models, as well as those individuals who posed for financial or other gain, and not in order to obtain an image for personal use.

Objects of intellectual property There can be various products of human creative activity: inventions, works of science and art, industrial designs, computer programs and many others. etc.

All of them are characterized by certain common features, have an ideal nature and do not have a material form, do not wear out, but only become morally obsolete.

Intellectual property consists of(Fig. 1):

1. Copyright Objects – works of science, literature and art.
2. Objects of related rights – performances, phonograms, cable and broadcast broadcasts.
3. Objects of patent law – inventions, models and industrial designs.
4. Means of individualization of entrepreneurs and the products they produce, services provided: brand names, trademarks, names of place of origin of goods.
5. Non-traditional objects – microcircuits, selection achievements, etc.

All intellectual property objects have common features:

1. They are the result of creative (mental, intellectual) activity.
2. Presented in the form of a set of property and non-property rights.
3. They can be used for a long time.
4. Can generate income.

The differences between these objects lie in different legal regimes. One part of the objects is regulated by patent law. These include: Inventions, models, trademarks and brand names. Another part of the objects - works of science, literature and art - is regulated by copyright. Copyright protects the form of an object, and patent protects the content. To protect objects regulated by patent law, they must be registered in a certain manner with the relevant authorities. Objects of copyright do not require any registration. This is the second difference between patent law and copyright: the list of objects that are protected by patent law is exhaustive, while the list of objects of copyright may expand during the creation of new works.

Figure 1. Intellectual property objects

Intangible benefits

To intangible benefits These include benefits and freedoms recognized by law and under its protection, which do not have economic content and are inseparable from the personality of their bearers.

The list of intangible benefits consists of:

• life and health;
• personal dignity;
• personal integrity;
• honor and good name
• business reputation;
• privacy;
• personal and family secrets;
• other intangible benefits.

Note 1

All citizens are bearers of intangible benefits, regardless of their age and capacity.

Intangible goods are important objects of civil rights both during life and even after the death of their owners are protected by law.

The peculiarity of intangible benefits is:

• lack of material content;
• inseparability from the personality of their bearer and inalienability;
• individualization of the personality of the holder of these rights;
• no expiration date limitation.

Note 2

A necessary feature of an intangible good is unmarketability – lack of economic content and its inextricable connection with the individual – the bearer of this benefit. But this sign is not exceptional.

In civil legislation, intangible benefits are considered as objects regarding which civil legal relations arise. Legally protected intangible benefits in the Civil Code of the Russian Federation are divided into:

a) intangible benefits that are acquired by citizens and legal entities at the moment of birth;

b) intangible benefits that are acquired by force of law.

Intangible benefits acquired by citizens and legal entities by virtue of birth, consist of:

• life;
• health;
• dignity;
• personal integrity;
• honor and good name;
• business reputation;
• privacy; personal and family secrets.

Intangible benefits that are acquired by force of law consist of:

• rights of free movement;
• the right to choose a place of stay and residence;
• rights to the name;
• other personal non-property rights.

A personal non-property right, which exists separately from a material good, is a second-level good. Benefits such as the right to a name, copyright and other personal non-property rights are subjective rights that form a legal relationship and are regulated by the rules of law.

The goods of the first level include life and health, which precede the right to it. This benefit is inextricably linked with the existence of the individual.

An intangible benefit is a collective concept that refers to the benefit itself and to personal non-property rights.

Let's consider division of personal non-property rights:

1. Based on the degree of connection between personal non-property rights and property rights, the following rights are distinguished:

   • personal non-property related to property;
   • personal non-property rights not related to property rights.

2. According to the target orientation, personal non-property rights are classified into:

   • personal non-property rights, which are aimed at individualizing the individual: the right to name, honor, dignity and reputation, etc.;
   • personal non-property rights ensuring the physical integrity of the individual, consisting of the right to life, freedom, the right to choose the place of residence and place of stay, etc.);
   • personal non-property rights, the purpose of which is to ensure the inviolability of the inner world of the individual and his interests, implying: personal family secrets, non-interference in private life, honor and dignity, etc.

Note 3

Features of the protection of intangible benefits is that if these material benefits are violated, they are subject to restoration regardless of the guilt of the violator.

In accordance with the Civil Code of the Russian Federation, the protection of personal non-property rights and other intangible benefits is not subject to limitation periods. The exception is certain cases provided for by law.