Iusland Managing Partner Elena Legashova gave a comment to Advocatskaya Gazeta regarding the Ruling of the Supreme Court of the Russian Federation on the precedent case on the protection of honor and business reputation
The Supreme Court of the Russian Federation published a ruling dated June 6 in case No. 18-KG23-24-K4, in which it recalled in which cases complaints cannot be recognized as defamatory.
In a comment to AG, Elena Legashova, managing partner of AB Yusland, noted that the Supreme Court once again confirmed the well-established practice of refusing to bring to civil liability, when defamatory information is presented by a citizen when applying to state bodies and local governments, which are within of their competence are obliged to consider these appeals and take a reasoned decision on them.
However, in this case, the Supreme Court found that this approach is also preserved in cases where a citizen sent his appeals in violation of the competence of state authorities - a citizen cannot be blamed for ignorance of the exact competence of state and municipal bodies, as well as officials, to whom he addresses with his complaints and statements.
“A mistake in the competence of the addressee on the part of the applicant is not in itself an abuse of the right. At the same time, the courts must investigate whether the protection of their rights was the real reason for the appeals and whether they contain offensive language, thereby excluding the goal of harming the opponent with a clear excess of permissible criticism,” Elena Legashova explained.
Read the full version of the article https://www.advgazeta.ru
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