Citizens. participating in rallies, 4 February cannot draw for spreading information, not corresponding to reality. At the same time, as said by 6 February, correspondent BakuToday managing partner of the law company “Genesis” (Ekaterinburg) Artem Denisov, you can draw, organizers for exceeding the number of participants, if it can be shown.
“According to the Federal law” on meetings, rallies, demonstrations, marches and piketirovaniâh “, the violation of the established procedure for the Organization of assemblies, meetings, demonstrations, processions or picketing shall be punishable by a fine. Therefore, if it is confirmed that the number of protesters has exceeded the originally claimed that the organizers could be fined, “the expert said.
Referring to the possibility of bringing protesters for libel, Denisov said that rallies past 4 February throughout the country, for the most part, were “antiputinskij”. In particular, in the hands of many of the participants were taunting and insulting posters of Vladimir Putin. However, this is not information, defaming reputation as a presidential candidate, because the participants of a public event shall have the right to use the public activities of the different symbols and other means of public expression of collective or individual opinions, as well as means of agitation, not prohibited by the legislation of the Russian Federation. In turn, the use of posters to picketing is a public expression of collective or individual opinions, not prohibited by the legislation of Russia.
“On the other hand, article 150 of the Civil Code of the RUSSIAN FEDERATION, which said that business reputation is intangible good protected by the laws. The CIVIL CODE of RF noted that the person has the right to require the Court to besmirch his reputation information if issuing such reports can show that they were true. But, in accordance with article 10 of the Convention “on the protection of human rights and fundamental freedoms, article 29 of the Constitution guaranteeing everyone the right to freedom of opinion and expression, the position of the European Court of human rights, a distinction should be drawn between evidence whose validity can be verified compliance and value judgements, opinions, which are not the subject of judicial protection. On their own value judgements, opinions, beliefs, as a result of psycho-physical activity could not be verified for consistency with reality, as are the expression of subjective opinion and attitudes of participants of a public event and cannot be refuted, by virtue of article 152 RF. Therefore, the phrase quoted on posters of the protesters are unlikely, can be recognized by a court as false information because they do not allege any facts, and are in the nature of reasoning (views) of the situation in which they find themselves, “said the lawyer.
Remember, 4 February in several Russian cities, including Moscow. rallies and marches in support of the present authorities and opposed it. According to the Ministry of Internal Affairs, the total number of participating shares amounted to 230 thousand. man.
