Khortyuk O. Civil and Legal Protection of Business Reputation of a Legal Person

The dissertation deals with the study of civil and legal protection of business reputation of a legal person. It analyzes the evolution of treatment of the legal category "business reputation" and the normative basis of regulation the relationship concerning the protection of business reputation of a legal person and establishes the notional and categorical foundations of the research. It has been determined that business reputation of a legal person consists in the information of a legal person of a private or public law, his/ her activity (namely possibility, ability, quality, completeness and timeliness of fulfillment of commitments and duties; professional knowledge, habits and skills of a legal person's staff etc.) which (the information) is formed and circulated by the subjects as well as by mass media. The protection of business reputation of a legal person is characterized as the totality of legal norms and measures aimed at the ensuring, realization of the right to business reputation of a legal person as well as the protection of this right in terms of its recognition, suspension of infringement and calling the guilty person to a civil and legal account. The civil and legal ways of the protection of business reputation of a legal person is defined as the envisaged within the forms of civil and legal protection of business reputation of a legal person measures that are aimed at ensuring reestablishment, compensation and realization of the right to business reputation of a legal person. The classification of civil and legal ways of the protection of business reputation of a legal person has been done in accordance with the following criteria; according to the degree of regulation: general ways of the protection of business reputation of a legal person (foreseen by Article 16 of Civil Code of Ukraine, except the reestablishment of the position which was before the infringement and recognition as illegal a normative legal act) and special ways of the protection of business reputation of a legal person (refutation, response, confiscation of the circulation of a newspaper or a book etc.); depending on the subject who is authorized to protect the right to business reputation, it has been determined the following ways which are possible t o be applied by the bearer of the business reputation himself; court procedural ways of protection of business reputation; the ways of protection which may be applied by another authorized state body. It has been stated that the acceptable way of protection of the right of a legal person to business reputation is recognition as illegal a normative legal act of a state body, of an authority body of Autonomous Republic of Crimea or local authority bodies of individual action. On the basis of the analysis of 374 decisions and resolutions in the cases associated with business reputation the conclusion has been made that it is impossible to recognize a normative and legal act by a court as illegal as a way of civil and legal protection of the right of a legal person to business reputation