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Personality Rights in the Russian Federation

100%
Žitkevitš N.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
95-115
EN
The Russian law regulates protection of personality rights on the constitutional level, as well as that of acts of a lower rank. The Russian Civil Code does not contain a definition of personality rights, but only enumerates them, with the provision that case law treats the list of protected rights contained in the regulations as a closed one. On the other hand, the doctrine defines them as non-material, non-property rights, connected with the human being and protected by law. Contemporarily, there are distinguished two groups of personality rights protecting the physical existence of the human being (health, life, bodily inviolability) and related to its functioning in society (honour, dignity, privacy, freedom of movement). In a lawsuit of protection of personality rights the claimant must prove, in the case of defamation, not only the fact of their violation, but also the falseness of the charges. In other cases, the genuineness of the charge does not play a role. The protection includes property-related means (compensation and satisfaction) and non-property ones (correction of untrue information, publication of a statement with the appropriate content and form.
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Personality Rights in Lithuania

100%
Mikša K., Vaigė L.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
51-69
EN
The Lithuanian law statutizes the protection of personality rights of physical persons, primarily, on the constitutional level. The protection secured by the regulations of the civil law is of a slightly lesser importance and serves as a means of protection of constitutional values. On the other hand, personality rights of legal persons are not protected constitutionally. The doctrine defines the personality rights as non-property rights connected with the human being, which corresponds to the codified definition of the non-property rights and ones devoid of economic value. As regards the Lithuanian law, the catalogue of personality rights is open, although it is hard to point to what guiding principles should courts be directed by while granting the protection to unnamed personality rights. Personality rights are inalienable and non-hereditary, although after the physical person’s death, their personality rights can be executed by their spouses and children. This entitlement concerns violations which took place after the death of the given physical person. In the case of the personality rights which have been violated, the disadvantaged party is entitled to claims of default, removal of effects of the violation, satisfaction and compensation.
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Personality Rights in Central and Eastern Europe. A domestic report – Ukraine

100%
Macokina W.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
137-156
EN
The Ukrainian doctrine distinguishes two categories of personality rights: non-property ones in the pure form and non-property ones related to non-property laws. The rights are protected primarily by regulations of private law, though – more and more frequently – one can come across the view that ‘constitutionalization’ of them is growing steadily. The fundamental regulations concerning protection of personality rights are contained in Art. 269 and the following ones of the Ukrainian Civil Code. The regulations point to the basic features of personality rights; they also determine, in a truncated manner, their content as the right of an individual to self-determination in their private life. There exist also specific regulations which allow protecting personality rights of the special character, like – for instance – rights of intellectual property. The law and practice of protection of personality rights in Ukraine are at the early stage of development, which manifests itself, among others, in a small number of decisions in this particular legal sphere. This is caused, at least partially, by the low level of trust on the part of citizens to the judicature, which results in a very small number of civil cases submitted to Ukrainian courts.
4
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Personality Rights in Central and Eastern Europe. A domestic report: Bulgaria

100%
Hanev D.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
9-24
EN
A particular feature of the Bulgarian system of civil law is the fact that it has not been codified and therefore consists of acts which regulate individual laws, i.e., contract law, property law, family law, law of succession, commercial law and labour legislation. The Bulgarian law lacks the definition of personality rights, and it is only the doctrine and case-law that can settle the question. It is accepted that personality rights are personal rights, non-alienable, intuitu personae, protected within the class of torts by indemnities and possessive actions. It is commonly thought that personality rights result from the essence of human nature and that their protection exceeds the civil law, involving also other branches of law. The Bulgarian doctrine divides personality rights into static (protecting indefeasible rights, such as bodily inviolability) and dynamic (protecting rights that can be executed by the subject of these laws, like freedom of choosing the place of abode). These rights are treated, basically, as non-property ones and as closely related to a physical person, and therefore, as a result, they expire after the physical person’s death. The copyright is an exception to the rule.
5
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Personality Rights in Poland

100%
Kubiak-Cyrul A.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
71-94
EN
Personality rights are protected in the Polish law by the regulations of Art. Art. 23-24 of the Civil Code. Moreover, the issue is regulated on the constitutional level as well, and also in the Penal Code, and still – partially – in the regulations of the public law. The notion of personality rights was defined by the legislator who left the task to be dealt with by the doctrine and case law. It is accepted that personality rights are of the legal unconditional rights character, and their catalogue is open. The protection covers both personality rights of physical persons and legal ones, although – in the case of the latter – there exist doubts whether the scope of protection should be identical with that granted to the former. Basically, personality rights expire alongside with the death of the entitled person, although in the case of copyright they can be executed after the creator’s death by indicated persons. The civil legal protection of personality rights includes the legal claim to have the fact of violation established, satisfaction (eventually payment of a fixed sum made over to a social cause) and compensation, as well as the claim to have the effects of violations removed, including submission of a statement with the suitable content or in the appropriate form.
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Personality Rights in Central and Eastern Europe. A domestic report – the Slovak Republic

100%
Horváthová A., Rampášek M.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
117-135
EN
The Slovakian law protects personality rights in the way it does both the constitutionally guaranteed rights of the human being and citizen and the non-material rights protected by regulations of the civil law. They are effective erga omnes, which means a general prohibition of violating them. The Slovak doctrine divides personality rights into ’general’, which are of the non-property character and are granted to everybody, and ‘specific’, which are granted only to some subjects and which are of the mixed – property-non-property nature. The latter include rights of intellectual property. In the Slovak law there is still present the controversy as regards monistic or pluralistic character of personality rights. The list of personality rights is basically open; neither are they inseparably linked to the human being. After the physical person’s death, the right of their execution passes onto persons indicated in the act. Responsibility for infringement of personality rights has the objective character and the aggrieved party can lay claims for relinquishment, removal of effects of infringement, damages and compensation.
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Personality Rights in Central and Eastern Europe. The Czech Republic

100%
Frinta O.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 3
25-49
EN
In the Czech doctrine, attention is paid to the particular – exceeding the civil code – regime of protecting personality rights. Consequently, the rights are protected not only by the relevant regulations of the civil or penal codes, but also have their regulations on the constitutional and international levels. The doctrine of civil law defines the personality rights as rights of a person, ones that decide about the individual character of the given person in the ethical, psychic and physical aspects. Accordingly, the protection of personality rights concerns, basically, physical persons, while legal persons can, on the power of special regulations, pursue registering the name and protection of their commercial reputation. Although it is true that courts cannot make law, yet by providing a creative interpretation of it, they can broaden the notion of personality rights and the scope of protection if it is appropriate in the given case. Personality rights are legal unconditional rights, and therefore there is the general prohibition of violating them. Despite the existence of a strong bond between personality rights and the person who is granted them, they do not expire along with the death of the holder of the rights. They can be executed post mortem by persons indicated in the act.
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Restraining the Information Dissemination on the Internet

75%
Gabris T., Kovar L.
Communication Today
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2013
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vol. 4
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issue 2
6-20
EN
Restriction of information dissemination on the Internet has various facets and follows various goals. In general, in democracies, it is only allowed upon meeting the standards of balanced rights, freedoms and overriding interests – freedom of expression/speech on the one hand and the protection of rights and freedoms of other human beings or public interest on the other. Proportionality has to be always taken into account in order not to disproportionately affect (limit) fundamental rights. Besides governmental restrictions, private restriction of information dissemination is also present, performed by religious groups, both public and private mass media and private individuals and corporations. Two types of restrictions – technical and non-technical can be discerned. From another point of view, self-censorship, or internal restriction can also be distinguished as opposed to external restrictions. Finally, preventive and repressive restrictions are being applied.
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