RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of December 5, 2003 No. 20

About some questions of court practice of the dispute resolution of protection of honor, advantage and goodwill

According to the Constitution of the Kyrgyz Republic the citizen shall respect the rights, freedoms, honor and advantage of other persons. Everyone has the right to immunity of his private life, to respect and honor and dignity protection. The state guarantees everyone protection against any or illegal intervention in its private and family life, infringement of his honor and advantage. In case of any public or other accusation the citizen has right of defense of the honor, advantage, goodwill and right in court; under no circumstances such judicial protection it cannot be refused.

According to Art. 18 of the Civil code of the Kyrgyz Republic the citizen has the right to demand by court action confutations of the data discrediting his honor, advantage or goodwill, and the legal entity - the data discrediting its goodwill.

Due to the questions which arose in case of application by courts of regulations of the legislation on protection of honor, advantage and goodwill for the purpose of ensuring the correct and uniform application of the legislation regulating these legal relationship, plenum of the Supreme Court of the Kyrgyz Republic, being guided by article 15 of the Law "About the Supreme Court of the Kyrgyz Republic and Local Courts"

decides:

1. Draw the attention of courts that protection of honor, advantage and goodwill is constitutional right of citizens, and the goodwill of legal entities is one of conditions of their successful professional activity. It obliges courts to analyze all circumstances of each case by consideration of disputes on honor and dignity protection of citizens, and also goodwill of citizens and legal entities.

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