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Article 143. Protection of honor, dignity and business reputation of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 143. Protection of honor, dignity and business reputation of the Civil Code of the Republic of Kazakhstan

     1. A citizen has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation.

     2. If information discrediting the honor, dignity or business reputation of a citizen or a legal entity is disseminated in the media, it must be refuted free of charge in the same media.

     If the specified information is contained in a document originating from the organization, such a document must be replaced or recalled with a mandatory notification to the addressees about the inconsistency of the information contained in this document.

     The procedure for refutation in other cases is established by the court.

     3. A citizen or a legal entity in respect of whom information infringing on his rights or legitimate interests has been published by the mass media has the right to publish his response free of charge in the same mass media.

     4. The demand of a citizen or a legal entity to publish a refutation or response in a mass media outlet is considered by the court if the media outlet has refused such publication or has not published it within a month, as well as in the event of its liquidation.

     5. If the court's decision is not fulfilled, the court has the right to impose a fine on the violator, which is levied to the budget revenue. A fine is imposed in accordance with the procedure and amounts established by the civil procedure legislation. Payment of a fine does not release the violator from the obligation to perform the action stipulated by the court decision.

     6. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with refuting such information, to demand compensation for losses and moral damage caused by its dissemination.

     The rules of this article on the protection of a citizen's business reputation shall apply accordingly to the protection of the business reputation of a legal entity, with the exception of the claim for compensation for moral damage. The rules on compensation of losses are applied to the protection of the business reputation of a legal entity in accordance with the procedure established by this Code.

     7. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen or a legal entity, the person in respect of whom such information is disseminated has the right to apply to the court with an application for recognition of the disseminated information as untrue.

 

 

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