Mograbyan A.S. Current Problems of Protecting the Right of an Individual to Their Own Image
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. On the basis of the analysis of legal regulation, taking into account the recent changes in the Civil Code of the Russian Federation as well the developed judicial practice, the author gives specific recommendations on improving the acting legislation on protecting the right of an individual to their own image. In particular, it is suggested to expand the list of material media on which an individual can be represented. Since the disputes on using dead person’s image often arise in practice, the author makes conclusion about the necessity of more detailed legislative regulation in such cases. The author also makes conclusion on expediency of legislative consolidation of circumstances considered by courts when determining the amount of monetary compensation for moral harm in order to prevent the cases of its unreasonable over- or understating.
Key words: protection of civil rights, private non-property rights, right of an individual to appearance, right to one’s own image, moral harm.
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