Ivanov A.V. The Image and Appearance of a Citizen as Objects of Civil Rights: The Relationship of Concepts
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.16
Andrey V. Ivanov, Master of Sciences, Adjunct Professor, Department of Civil and Labor Law, Civil Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot, Akademika Volgina St, 12, 117997 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0004-0322-4031
Introduction: the scientific paper solves the problem of the correlation of categories of appearance and image of a citizen as objects of civil rights. The author has established the interrelation and interdependence of the appearance and image of a citizen, as well as the identity and features of these intangible benefits, which are objects of relevant personal non-property rights, allowing solving the problem of establishing the legal regime of these objects. The analysis of the positions of representatives of the scientific community on the assessment of the independent legal nature of the image of a citizen in the context of its relationship with the appearance is carried out. It is stated that there is no unified approach to assessing the relationship between the right to image and the right to appearance; there is no unified approach to determining the object mediating these personal non-property rights. The purpose of the work is to solve the problem of the correlation of the legal categories of appearance and image as objects of civil rights by identifying the criteria for their differentiation, substantiating their independent nature based on the established features. Methods: the purpose of the study has determined the use of the dialectical method of scientific cognition in the analysis of the problem of interest, in its entirety using the methods of analysis and synthesis. Results: based on the studied scientific positions, as well as the provisions of the legislation, the different legal nature of the categories of appearance and image as objects of civil rights is established. The criteria allowing distinguishing the specified objects are revealed. The results of the study will serve as a basis for further doctrinal research of these related phenomena of private law science. Conclusions: based on the revealed differences, it is justified that appearance and image are different objects of civil rights. The citizen’s right to the inviolability of the image and the right to appearance are not in a relationship of subordination, and one right does not condition the other, and these rights have an independent legal nature from each other, which is expressed in the special objects of legal protection, the specifics of the focus of protection of these rights and various legal regimes for the protection of these rights. The concept of the image of a citizen as an object of civil rights is formulated.
Key words: image, appearance, intangible benefits, object of civil rights, personal non-property right, absolute right, relative right, exclusive right.
Citation. Ivanov A.V. The Image and Appearance of a Citizen as Objects of Civil Rights: The Relationship of Concepts. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 120-126. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.16
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