ABOUT BUSINESS REPUTATION IN BUSINESS

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ABOUT BUSINESS REPUTATION IN BUSINESS

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 Quite often, when concluding contracts, starting cooperation or other interaction with an economic entity, we check its business reputation: we analyze the state of settlement with budgets, public information, look in the register of lawsuits or criminal proceedings, take other actions. But did you delve deeper into the theory of business reputation?

 The current legislation of Ukraine does not contain a legal definition of this concept. However, everyone understands it as a certain intangible benefit. Certain approaches to defining its essence can be found in tax law. Yes, the PC identifies business reputation with another concept - "goodwill". Goodwill is an intangible asset that has a monetary value and is the difference between the market value of the firm and the value of its assets. This added value is the intangible content, which expresses the value of business in the general market: special qualities of management, technology, leading market positions, market demand and more. However, it is worth noting that goodwill is property within the meaning of the "Convention for the Protection of Human Rights", which is the source of law in Ukraine.

 A business that is successful has in most cases competitors who also want to take the lead. Therefore, in today's market economy, the question arises of protecting the business reputation of the business. Therefore, pay attention to situations that may arise in conditions of competition:

  • Orders ordered by competitors, or self-disclosed in the media, materials that are untrue, in fact, confirm certain facts of the company and do not correspond to reality. That is, coverage in the media of information that discredits the entity;

  • Internal subversive activities of the company's image by its employees;

  • Anonymous letters to regulatory authorities for the purpose of investigations, inspections by regulatory entities, etc. In order to protect the business reputation of your company, you should build a quality legal strategy and activities of the legal department.

 First of all, the lawyer must make every effort to establish the violation by a particular person. That is, you need to establish the composition of the offense: the subject, guilt, consequences and causation.

 Correspondence materials, personal testimonies, expert opinion and other factual data can serve as information that can confirm this.

Ways of protection can be:

  • compensation for property or moral damage;
  • refutation of unreliable information.

 To determine the amount of damage, we recommend an examination, even if the damage is only moral. The conclusion will serve as a significant argument in defending your position.

Regarding the mechanism, there are two:

  • Claim (appeal to the guilty person with a claim. This method can be used not only for extrajudicial recovery, but also for negotiations to obtain other benefits for your business);
  • Judicial (appeal to the court with a statement of claim).

 Choose professional lawyers of the law firm "Prikhodko and Partners" - we will protect your business interests!

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