The Constitutional Right To Protect Honor, Dignity And Business Reputation Of Police Officers And Its Civil Implementation

Autores/as

  • Barbin Vyacheslav Vladimirovich

DOI:

https://doi.org/10.36097/rsan.v0i36.1212

Palabras clave:

constitutional law, honor, dignity, business reputation, freedom of speech, defamation

Resumen

The article is devoted to the research on the constitutional right to protect honor and dignity, the mechanism for its implementation in accordance with the norms of civil law. The work reveals the peculiarities of honor, dignity, and reputation of police officers. The interconnection of these categories is due to the dual nature of the status of a policeman as an individual and a representative of the authorities, a determination of his personal and professional qualities. At the same time, on the basis of a communicative approach, a distinction of these categories is proposed.

Reputation manifests itself in public relations when a police officer carries out his official duties. In this sphere, the possibilities to protect reputation are limited by the need to ensure freedom of speech, the constitutional right to apply to public authorities. Freedom of speech in these cases has priority, provided its fair use. The protection of the reputation of a police officer is also a means of protecting the reputation of law enforcement agencies and the state as a whole.

Honor and dignity as personal non-property rights can be affected in private relationships in which the policeman participates as a private person. At the same time, in the area of private relations, which have a special one-to-one trust-building character, the possibilities to protect honor and dignity are limited. 

Citas

Avdeyko A. (2012) Protection of business reputation of internal affair bodies in the modern world // URL: http: // www.ormvd.ru/pubs/15604/

Ernst Benda, The Protection of Human Dignity (Article 1 of the Basic Law), 53 SMU L. Rev. 443 (2000) https://scholar.smu.edu/smulr/vol53/iss2/4

Lee S. Brenner and Hajir Ardebili (2011) To Protect and to Serve: Police Defamation Suits Against California Citizens Who Report Officer Misconduct. Communications Lawyer, 28, 1.

Vlasov A.A. (2000) The problems of judicial protection of honor, dignity and business reputation. - M: Publishing House Sabashnikov’s, 2000.

Erofeeva E.A. (2016) Civil-law protection of the professional reputation of law enforcement agencies staff when inflicting harm on the mass media: Abstract of thesis. dis. Cand. jurid. sciences. Moscow, 2016. 26 pp.

Ivachev I. (2006) Business reputation of a legal entity and its civil and legal protection // Financial Newspaper. 2006. № 13. pp. 10-11.

Kirpichev A.E. (2013) The right to business reputation of state and municipal entities, state authorities and local self-government // Bulletin of Perm University. Juridical sciences. 2013. Issue 2. pp. 120-126.

Nikashishina N.A., Terekhova E.N. (2016) Public servant as a participant in defamation relations and personnel innovations // NovaInfo. 2016. vol. 2. № 40. pp. 147-150.

Ahran Park (2015) Internet Service Provider Liability for Defamation: United States and United Kingdom Compared (Doctoral dissertation). University of Oregon Graduate School. Oregon.

Rabets A.M., Khvatova M.A. (2015) The right of a citizen to protect honor, dignity and business reputation // Jurist. 2015. № 19. pp. 7-11.

Surzhik A.F. (2005) Refutation as an extrajudicial method of defense // Juridical sciences. 2005. № 5.

Tolstoy V.S. (2006) Personal non-property legal relations. Moscow: Elite.

Publicado

2019-12-30

Cómo citar

Vyacheslav Vladimirovich, B. (2019). The Constitutional Right To Protect Honor, Dignity And Business Reputation Of Police Officers And Its Civil Implementation. Revista San Gregorio, (36). https://doi.org/10.36097/rsan.v0i36.1212