Bugfix reputation, the neutralization of the negative reviews

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2020-04-28 13:00:16

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Excellent reputation of a legal entity – the ultimate guarantor to bring new commercial partners to promote their own brand to expand markets. Any negative impact on the reputation carries risks to reduce the growth rate of the enterprise and significantly reduce profits.

earn a reputation

The Right to protection of business reputation

The Reputation of businesses and organizations are protected under different legislation. Among them:

  • GK of the Russian Federation in the first part of the legislation protects the company's reputation and resolve to defend it with all the allowed methods.
  • The Decision of the Supreme court of the Russian Federation dated 23.05.2006 stresses the importance of judicial decisions to restore the honor of the legal entity and with financial compensation for reputational losses.

Fix the reputation of legal entities of all forms of ownership lies in the scope of the Civil code of the Russian Federation. And questions on compensation of risks, or to restore the good name of the company engaged in civil courts. At the legislative level is not fixed, the interpretation of the phrase “goodwill”. But practicing lawyers and business people mean by this term the totality of reliable data about a particular business enterprise or commercial organization. This information gives an idea about the business, professional qualities of employees, and of integrity, compliance with contractual relationships and other things.

fix your reputation

Legal value of business reputation

The Civil code of the Russian Federation, the phrase “business reputation of a legal entity” is found only three times. On the basis of article 152, 1027 and 1042, it is possible to draw the following conclusions:

  • Business reputation of any legal person is an intangible good.
  • The reputation of the companies, firms, organizations may send, in its contrast to the reputation of individuals.
  • Fix the reputation of legal entities and individuals being identical methods.

Transfer to the reputation of the legal entity

If the first and third items listed above are self-evident, the second can be discussed in more detail. The reputation of the firm may be sold along with tangible and intangible assets. The first can be attributed to the inventory, products in process, buildings, workshops, etc. Intangible assets include trademarks, the development of different projects, research results, patents for inventions. When the transfer of ownership to a new owner are automatically transferred and honored reputation. Since the transfer of ownership of all the concerns related to the preservation of reputation, fall on the shoulders of the new owners.

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the reputation of the organization

As you can see, the reputation of the organization is a standard asset, which has a direct impact on the economic activity of the legal entity. Impeccable reputation significantly increases the profit of the company, attracts new partners and investors. The negative becomes a barrier between the firm and its potential customers.

Who is responsible for dealing with cases of restoration of the image?

According to article 33 of the APC, the case of protection of reputation in the field of economic activities within the jurisdiction of the arbitration courts. Appeal to the court is the place, if you need to repair reputation due to harm suffered. Similar circumstances may arise in three cases:

  • The Fact that wide dissemination of information on legal entity.
  • Clearly defamatory nature of this information.
  • A Mismatch disclosed information, the real facts.

The Resolution of Plenum of VS Russian Federation reveals these points in more detail. Thus, the distribution information may include placement in the media, online, in public speeches, in interviews, various statements concerning this company. Defamatory information is knowingly false facts that are set forth by the accuser. False information may concern various sectors of activity of the enterprise, tax evasion, defective products, violations of the items of business contracts, non-payment of bills for the obligations and other things. Such actions lead to loss of reputation of a legal entity and representatives of enterprises or organizations have the right to require the accuser for damages.

reputation

Facts and opinions

As this document stresses, a distinction must be made between value judgments and subjective opinions and false statements about the facts, the legitimacy of which can be directly checked. Judgment and speculation cannot be verified, and thus subject to judicial review will not be.

If the case is about fixing the reputation is transferred to the court, the plaintiff is entitled to demand from the defendant immediate action to refute false information. For example, to publicly admit their mistakes, to correct or unpublish that caused the trial.

the reputation of a legal entity

Recovery image

If the organization as a result of the defamation suffered losses, the correction of reputation throughthe court's decision may be performed with the compensation of material damage. In this case, the lawyers of the plaintiff may face some difficulties. The fact that the court will focus on loss of profits. And even if you bring all witnesses and stacks of unsigned contracts, real damage is still impossible to evaluate.

To Earn the reputation of a dishonest partner easily and restore spravdlivost much more difficult. Even if a fair verdict and compensation any amount as material damage the news about the dishonesty of the representatives of this company will spread far and long, and no defendant will not be able to compensate for all losses.

impeccable reputation

Criminal responsibility

The Controversial Russian judicial practice allowed for the protection of the reputation of the company and with the help of some of the provisions of the criminal code. In particular we are talking about article 42 of the code of criminal procedure, which describes the cases in which a legal person may be recognized as victims. For example, this article applies to such offences:

  • Illegal use of the brand or trademark;
  • Illegal obtaining or disclosure of information representing commercial, banking or tax secret.

Protecting the business reputation, the police can initiate criminal proceedings with subsequent transfer to the court. As a legal entity on its part is entitled to make a claim for compensation for the damage. In civil proceedings, such compensation may be both material and immaterial. In the official denial of false information, a public apology and so on. But in criminal proceedings the question of financial compensation is not considered.

reputation

Legal regulation

It is Impossible not to admit that at the moment most legal levers responsible for the correction of goodwill hopelessly outdated. Questions of pecuniary damage require special study and consolidate the separate articles of the Civil code of our country. In the context of possible changes is not superfluous to work out and the terminology that must match the current needs of protection. For example, there is still no definitive explanation of the term "moral damages” and appropriate legal assessment of this concept.

At the moment the lawyers operate the information letter of Presidium YOU the Russian Federation from 1999. Since its publication more than 15 years. Many of the provisions are no longer relevant to the realities of today's economic environment. The amendments to this act or the adoption of a new legal instrument would be beneficial for the legislation of our country and relieve the tension in matters of compensation for moral damage.


Article in other languages:

AR: https://tostpost.com/ar/business/22067-bugfix-reputation-the-neutralization-of-the-negative-reviews.html

BE: https://tostpost.com/be/b-znes/39541-vypra-lenne-reputacy-neytral-zacyya-negaty-nyh-vodguka.html

DE: https://tostpost.com/de/business/39066-update-ruf-neutralisierung-von-negativen-bewertungen.html

ES: https://tostpost.com/es/centro-de/38836-la-revisi-n-de-la-reputaci-n-la-neutralizaci-n-de-comentarios-negativo.html

HI: https://tostpost.com/hi/business/23685-bugfix.html

JA: https://tostpost.com/ja/business/21650-bugfix.html

KK: https://tostpost.com/kk/biznes/39949-t-zetu-bedel-n-beytaraptau-zha-ymsyz-p-k-rler.html

PL: https://tostpost.com/pl/biznes/41720-poprawka-reputacji-neutralizacja-negatywnych-opinii.html

PT: https://tostpost.com/pt/neg-cios/41352-correc-o-reputa-o-a-neutraliza-o-de-coment-rios-negativos.html

TR: https://tostpost.com/tr/business/36495-d-zeltme-itibar-n-tralizasyon-olumsuz-yorumlar.html

UK: https://tostpost.com/uk/b-znes/40411-vipravlennya-reputac-neytral-zac-ya-negativnih-v-dguk-v.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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