Compensation for moral damages for violation of police officer’s personal non-property rights: problems of law enforcement
نویسندگان
چکیده
The article is devoted to the study of legislation and legal doctrine on compensation for moral damages humiliation honour, dignity right inviolability business reputation a police officer who representative law enforcement agencies. It has been determined that institute civil liability distinguishes as specific measure liability, which specified in Civil Code Ukraine protection. established amount cannot be calculated by court when deciding their compensation, therefore guided its own subjective beliefs calculating them, problem enforcement. Case officers' claims from persons have violated personal non-property rights analysed. found courts apply practice higher courts, based approaches international community, public figure whose activities are interest must tolerate criticism, this ground going court. substantiated an employee internal affairs agency State, therefore, case violation his/her rights, particular, reputation, failure award him/her affects both he/she serves State. proven approach binding provisions figures harms State eliminates application preventive function important factor maintaining order. To support positions national scholars, author proposes create separate regulatory act would provide guarantees protection officers establish balance between observance freedom expression media regarding performance official duties.
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ژورنال
عنوان ژورنال: Law and Safety
سال: 2023
ISSN: ['1727-1584', '2617-2933']
DOI: https://doi.org/10.32631/pb.2023.2.09