of May 20, 2026 No. 3
About application by courts of the legislation on protection of honor, advantage and goodwill
1. According to Item 1 of article 20 of the Constitution of the Republic of Kazakhstan (further - the Constitution), honor and advantage of the person are inviolable and are protected by the law. The constitution guarantees freedom of expression and the right to freely receive and distribute information, except for the state secrets, is implemented by any methods which are not prohibited by the law. Freedom of expression and freedom of distribution of information shall not encroach on honor and advantage of other persons, health of citizens and morality of society, to disturb the public peace. Realization of rights and freedoms of man and citizen shall not violate the rights and limit freedoms of other persons, encroach on bases of the constitutional system, public order, health of citizens and morality of society.
Taking into account the specified regulations courts by hearing of cases about protection of honor, advantage and goodwill shall provide fair balance between constitutional rights: the right of citizens and legal entities to protection of honor, advantage, and also according to Article 143 of the Civil code of the Republic of Kazakhstan (further - group of companies) protection of goodwill on the one hand, and word right to liberty, the right to freely receive and distribute information by any, not prohibited by the law method, on the other hand.
By hearing of cases about protection of honor, advantage and goodwill courts should be guided by regulations of the Constitution and national legal system, provisions of the international treaties ratified by the Republic of Kazakhstan.
2. The physical person has the right to require judicially confutation of the data discrediting his honor, advantage or goodwill, and the legal entity - the data discrediting its goodwill.
Honor is public assessment of the personality, awareness of the public and social importance and recognition by it.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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