Protection of personal non-property rights of an individual

• statement of claim for the protection of dignity and honor,
• statement of claim for protection of business reputation,
• statement of claim for protection of privacy and its secrets, representation in court, these are issues which must be dealt with necessarily, apply for legal assistance of a lawyer in Kyiv and decisively protect their personal non-property rights.

Personal non-property rights consist of the rights, ensuring the natural existence of a natural person, and the rights, ensuring the social existence of the physical person.

Protection of personal non-property rights of an individual in Kyiv

The protection of personal non-property rights, which ensure the natural existence of an individual, is very rarely sought, but they are worthy of being listed and known:

• the right to life (Article 281 of the Civil Code),
• the right to eliminate danger to life and health (Article 282 of the Civil Code),
• the right to health care (Article 283 of the Civil Code),
• the right to medical assistance (Article 284 of the Civil Code),
• the right to information about one’s state of health (Article 285 of the Civil Code),
• the right to secrecy about the state of one’s health (Article 286 of the Civil Code),
• the rights of an individual undergoing inpatient treatment in a health care facility (Article 287 of the Civil Code),
• the right to freedom ( Article 288 of the Civil Code),
• the right to personal inviolability ( Article 289 of the Civil Code),
• the right to donate ( Article 290 of the Civil Code),
• the right to a family ( Article 291 of the Civil Code),
• the right to guardianship or trusteeship ( Article 292 of the Civil Code),
• the right to a life- and health-safe environment (Article 293 of the Civil Code).

The protection of personal non-property rights, which ensure the social being of an individual, is applied for more often, and these include, in particular:

• the right to dignity and honor; according to Article 297(3) of the Civil Code, an individual has the right to apply to the court for protection of his/her dignity and honor;
• the right to inviolability of business reputation; according to part 2 of Article 299 of the Civil Code, a natural person may apply to the court for protection of his or her business reputation;
• the right to privacy and its secrecy; according to part 4 of Article 301 of the Civil Code, the circumstances of the personal life of an individual may be disclosed by others only if they contain signs of an offense, which is confirmed by a court decision, as well as with his/her consent.

According to paragraph 4 of the Resolution of the Plenum of the Supreme Court of Ukraine № 1 dated 27 February 2009 “On judicial practice in cases concerning the protection of honor and dignity of a physical person and the reputation of a physical and legal person” (hereinafter – Plenum), the current legislation does not define the concepts of dignity, honor or business reputation, because they are moral categories and simultaneously personal non-property rights, which the law gives value to the independent objects of judicial protection.

In particular, dignity should be understood as the recognition of the value of each individual as a unique biopsychosocial value, honor is associated with a positive social assessment of a person in the eyes of others, based on the conformity of his acts (behavior) with generally accepted notions of good and evil, and the business reputation of a person means the acquired public assessment of his business and professional qualities in the performance of his labor, official, public or other duties. The business reputation of a legal entity, including business companies, physical persons – entrepreneurs, lawyers, notaries and other persons means an assessment of their entrepreneurial, social, professional or other activities carried out by such a person as a participant of social relations.

Based on the experience of providing services of a lawyer in Kyiv, I can say with certainty that personal non-property rights must be protected. Only begin to move with the client on the case, after the opening of proceedings on a particular civil (economic) case, and the defendants (violators of these rights) immediately behave differently: ready to compromise, remove the spread of false information and so on, so such facts (violations of personal non-property rights) can not be left without attention!

But the judicial victory in this category of cases, as well as any other, begins with its thorough preparation: it is necessary to determine whether there was an objective violation of a particular personal non-property right? in what way and how it was expressed? who is the offender (defendant)? is there any property, moral damage? what confirmations all this confirms? and many other substantive and procedural legal questions, which preparation should be paid attention to.

So, as they say, respect yourself and you will be respected by others!