RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of February 27, 2009 No. 1

About court practice on cases on protection of advantage and honor of physical person, and also goodwill of physical person and legal entity

For the purpose of ensuring the correct and identical application by courts of the legislation which regulates protection of advantage and honor of physical person and also goodwill of the Plenum of the Supreme Court of Ukraine physical person and legal entity decides to make to courts such explanations:

1. The constitution of Ukraine to everyone guarantees right to liberty of opinion and the word, on free expression of the views and beliefs (Article 34).

At the same time according to article 68 of the Constitution of Ukraine everyone shall observe steadily the Constitution and the laws of Ukraine, not to encroach on the rights and freedoms, honor and advantage of other people. To right to liberty of opinion and the word, free expression of the views and beliefs is answered by obligation not to extend about person unreliable information and such which dishonors its advantage, honor or goodwill.

With respect thereto article 32 of the Constitution of Ukraine provides judicial protection of the right to deny unreliable information about itself and members of the family. Nobody can be exposed to intervention in its private and family life, except the cases provided by the Constitution. Collection, storage, use and distribution of confidential information on person without its consent, except the cases determined by the law and only for the benefit of homeland security, economic welfare and human rights is not allowed.

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