NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 18, 1992 No. 6

About application in court practice of the legislation on protection of honor, advantage and goodwill of physical persons and legal entities 

The stipulated by the legislation measures directed to non-admission of distribution of the untrue data belittling honor, advantage, goodwill of physical persons and legal entities are effective remedy of protection of the personal non-property rights and the benefits.

For the purpose of uniform application of the legislation on protection of honor, advantage, goodwill of physical persons and legal entities, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Courts should mean that distribution of the data discrediting honor and advantage of the citizen or the organization means publication them in seals, the message on radio, television, with use of other mass media, statement the characteristics, public statements, statements addressed to the different organizations, officials or the message in other, including oral form to several persons or at least one person. The message of such data to only one person whom they concern cannot be recognized their distribution.

Such untrue data which belittle honor and advantage of the citizen or the organization in public opinion or opinion of certain citizens from the point of view of compliance with laws, the moral principles of society (for example, data on making of dishonest act, unworthy behavior in labor collective, in family are discrediting; the data discrediting production economic activity, reputation, etc.). At the same time requirements about confutation of the data containing the untrue criticism of shortcomings of work cannot be recognized reasonable the public place, collective, life.

Honor is public assessment of person, measure of its spiritual and social qualities.

Advantage - self-assessment person of own qualities, capabilities, outlooks, the social significance.

Goodwill - steady positive assessment business (production, professional) advantages of person public opinion.

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