Year: 2024
Type: article
Abstract: Introduction: the scientific paper aims to reveal the structure and features of the mechanism of civil regulation of actions to protect the image of a citizen. To do this, it is necessary to determine the procedure, conditions, and grounds for the functioning of the legal mechanism, as well as sthe object of encroachment. The relevance of the topic is due to the significance of the chosen problem as well as the need to identify the conditions for forming the legal structure of the mechanism of civil regulation for protection against violations when using the image of a citizen. Methods: within the framework of the study, a comparative law method was used, which made it possible to identify the differences in violations when using the image of a citizen; a systematic approach; and the formal logical research method. Results: the analysis of the current legislation of the Russian Federation is carried out. The possibilities of using the general provisions of the civil legislation on the protection of violated subjective civil rights, as well as the special ways to protect against violations when using a citizen’s image, are considered. The conditions influencing the formation of the legal structure of the civil regulation mechanism are analyzed. Conclusions: it is determined that the protection of a citizen’s image should be understood as a set of regulatory provisions regarding the order, conditions, and methods of using a citizen’s image, as well as measures to protect against violations. The protection of a citizen’s image is provided by a special mechanism of civil regulation. The operation of this mechanism is associated with a violation of the order, conditions, and methods of its use by other persons. The structure of the legal mechanism (legal structure) depends on the nature of the offense committed. At the same time, taking into account the actual circumstances, in a specific situation that requires legal resolution, both general legal means of protecting a citizen’s image (Article 12 of the Civil Code of the Russian Federation, Article 151 of the Civil Code of the Russian Federation) and special remedies (Article 152.1 of the Civil Code of the Russian Federation) can be used.
Source: Legal Concept
Author: Alexey Demin
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404012932