“Any joke has its own ‘expiration date’, or Brand name — not only a reason to laugh, but also to study the peculiarities of the Russian language” — Tatyana Tereshchenko for Zakon.ru
Nuances of the application of moral values in law
One of the problems that often arises in court disputes is the disclosure of the content of the concept that the legislator uses without normative disclosure of its content.
In these cases, you have to turn to other fields of knowledge and explanatory dictionaries. And it's not just about evaluative concepts. It's about the peculiarities of semantics, ethical semantic load and perception in society.
An excellent example is subsection 5, paragraph 4, of Article 1473 of the Civil Code of the Russian Federation, which states that the brand name of a legal entity cannot include designations that contradict public interests, as well as the principles of humanity and morality.
There are no algorithms for assessing the potential inconsistency of the means of individualization of a legal entity to different values, taking into account the time context and subjectivity of perception. In such cases, the best thing is good examples from practice, which can be used in the future as examples for comparison.
In the case of EBIDOEBI LLC, the court appears to have done a good job in case No. A33-31075/2022 (see decision of the Krasnoyarsk Territory Administrative Court of 04/7/2023 No. A33-31075/2022).