Notice of violation is the constitutional right of everyone

The respondent in the case informed the law-enforcement officers of the offenses that the plaintiff did not commit. As a result, the plaintiff appealed to the court requesting compensation for non-pecuniary damage for the distribution of inaccurate information.

Although the district court upheld the claim in part, the courts of appeal and cassation did not agree with such a decision.

As the Supreme Court explained, when a person applies to bodies of state power and local self-government with a statement containing some information and if this body is competent to verify such information and to provide an answer, иге during the inspection information did not find its own confirmation, the specified circumstance can not шtself be the basis for the satisfaction of the claim, since in such a case the person's realization of the constitutional right stipulated by Article 40 of the Constitution took place, instead of the distribution of inaccurate information (SC ruling of 20/12/2018 on the case № 523/4380/15-еі).

According to the Article 40 of the Constitution of Ukraine, everyone has the right to send individual or collective written appeals or personally apply to bodies of state power, bodies of local self-government and officials and officers of these bodies, who are obliged to consider appeals and to give a substantiated answer within the time established by law.

Let's add, in the decision of the Constitutional Court of April 10, 2003, there is a similar conclusion that the appeal to the law-enforcement agency of a violation of the rights of a person can not be considered as the dissemination of information that pervades honor, dignity or business reputation.

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