Resolution of the Supreme Court, dated May 20, 2019, case No. 591/7099/16-ц. Available at https://reyestr.court.gov.ua/Review/82119183

The Supreme Court upheld the judgment of the Court of Appeals.

The Court of Appeals ruled that the question of the defendant “Are you stupid?” was not false information and a value judgment, but it was a subjective opinion of the defendant expressed in the form of insult that violated personal rights of the plaintiff and caused him moral harm.  The Court of Appeals awarded UAH 300 as moral damages.

By refusing to grant the relief related to retraction of the false information, the Court of Appeals reasonably proceeded from the fact that the question of the defendant “Are you stupid?” addressed to the plaintiff at the meeting of the commission was a subjective opinion of the defendant, and therefore it is not false information.

If a subjective opinion is expressed in a brutal, humiliating, or obscene form that degrades dignity, honor, or business reputation, the defendant may be obliged to compensate for the moral harm.

Resolution of the Supreme Court, dated September 30, 2020, case No. 728/1144/19. Available at https://reyestr.court.gov.ua/Review/92065590

Within separate administrative proceedings, the defendant was found guilty of committing an administrative offense, disorderly conduct (article 173 of the Ukrainian Code of Administrative Offences).

On December 21, 2018, in a public place, in the office of the plaintiff who was a deputy chairman of the District Council, the defendant initiated a quarrel with the plaintiff, during which the defendant spouted obscenities at the plaintiff and thereby violated the public order and the peace of the citizens by committing disorderly conduct. The plaintiff was recognized as a victim in this case of committing the administrative offense.

Therefore, the conclusion of the lower courts that the obscenities expressed by the defendant were addressed to the plaintiff is confirmed.

The obscene language includes rude, coarse, vulgar, and vituperatory expressions.

Considering the circumstances of this case (the use of obscenities by a local council member addressed to the deputy chairman of the local council, expressed at the workplace in the presence of others), the courts properly awarded UAH 9.389 as moral damages.

Resolution of the Mukachevo City Interdistrict Court of the Transcarpathia Region, dated March 09, 2021, case No. 303/1004/21. Available at https://reyestr.court.gov.ua/Review/95388999

The offender on January 24, 2021, at 20:00 in the city of Mukachevo spoke obscene language, insulted, and threatened the victim with physical violence on the social network Facebook.

The offender at the court hearing pleaded guilty.

The court found that the offender had committed disorderly conduct (article 173 of the Ukrainian Code of Administrative Offences), and imposed a UAH 51 fine on him.

© Yuriy Karlash, English translation, 2021

© Yuriy Karlash, compilation, 2021