Vasyl Chervonii lost a lawsuit to “Rivne Newspaper”

Politics · 08:50 12.05.2005

On May 11, the Kivertsi District Court of Volyn Oblast issued a ruling in the case on the claim of the head of the Rivne Oblast State Administration, Vasyl Chervonii, against LLC "Publishing House "OHO" for the refutation of information, protection of honor and dignity, and compensation for moral damages in the amount of UAH 50,000. The court dismissed the defendant's claim as unfounded, reported the Western Information Corporation's own correspondent.

The reason for the lawsuit was the publication in the "Rivne Newspaper," whose founder and publisher is LLC "Publishing House "OHO," of an article entitled "Babai under Rivne Sauce." The preamble reads: "If parents frighten small children with Babai, then a significant part of the population of Rivne region is frightened by the politician and people's deputy Vasyl Chervonii..."

In all five points of the claim, the court recognized the plaintiff's claims as unfounded and such that do not humiliate the plaintiff's honor and dignity and do not contain false information.

In issuing the ruling, the court referred to Article 10 of the "Convention for the Protection of Human Rights and Fundamental Freedoms," ratified by Ukraine on 17.07.1997, according to which everyone has the right to freedom of expression.

The disputed information, in the court's opinion, constitutes the author's evaluative judgments about the plaintiff's person. The court stated: "The author set out her opinions and critical judgments regarding the plaintiff, who is a politician and public figure, and therefore should be more tolerant of evaluative judgments directed at him."

The court also referred to the Resolution of the Supreme Court of Ukraine No. 4 of 31.03.1995 "On Judicial Practice in Cases of Compensation for Moral (Non-Property) Damage," according to which critical assessment of certain facts and shortcomings, opinions and judgments, critical reviews, and works cannot be grounds for satisfying claims for compensation of moral damage.

The ruling may be appealed to the Appellate Court of Volyn Oblast within one month from the day following its pronouncement.

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Vasyl Chervonii lost a lawsuit to “Rivne Newspaper”

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