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Law reviews

14.07.2016 Natalia Demina, Associate

The Supreme Court of the Russian Federation has issued judicial review on cases concerning protection of corporate business reputation

Supreme Court of the Russian Federation has analyzed judicial practice of consideration of the cases concerning protection of honor, dignity and business reputation by courts in 2010-2015.

Mostly, the Supreme Court has approved the positions established by judicial practice on certain issues, referring to the need of taking into account the judicial practice of ECHR (the need to distinguish between value judgment and statement of facts, more extended limits of acceptable criticism relating to public persons, etc.)

As for the cases concerning protection of business reputation of an organization, we need to pay special attention to approval, by the Supreme Court in the Review, of possible detriment to business reputation of an organization, caused by dissemination of defamatory information not only in respect of the organization itself, but also in respect of the manager thereof (persons within the management bodies thereof) or an employee. In such situation, the determining factor is the nature of information disseminated and its impact on business reputation of a legal entity. Specific information discrediting the reputation of a natural person who is manager of the organization, may either have or may not have negative impact on the reputation of the legal entity. No unified approach to this issue in the framework of the existing judicial practice has been developed.

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