Chulpan Khamatova and Dina Korzun are seeking the right of the NCO to protect the denomination.

The Supreme Court (Supreme Court) will reconsider the decisions of the Krasnoyarsk courts that refused to give charity foundation "Give life" to Chulpan Khamatova and Dina Korzun in protection against illegal cloning of the organization's name. Courts refuse to suppress the activities of impostors who use the untitled names of NPOs, misleading others and undermining the institution of charity.

The Chamber of Civil Cases on July 11 will consider the cassation appeal of the Moscow fund for assistance to children with serious diseases "Give Life", created in 2006 by actresses Chulpan Khamatova and Dina Korzun. They appeal against the decisions of the Krasnoyarsk courts that refused to stop the activities of the same-name fund, established in 2015 by Krasnoyarsk businessmen Elena and Oleg Chipizubov (see "Kommersant" on April 8, 2016 and February 9, 2017). Courts in Krasnoyarsk considered that the norms of the Civil Code (CC) are protected only by the names of commercial organizations, and not by NGOs. But the plaintiffs insist that the activities of the "doubles" undermine the reputation of a well-known NGO and the institution of charity, depriving the real help of seriously ill children.

The VS is asked to form an "important and necessary legal position" that the name of the NCO is protected from the creators of the clones. The complaint says that Mrs. Chipizubova "in the guise of an employee" of the well-known "Give Life" foundation carried out fund-raising for allegedly charitable activities (on materials of the case, received donations and hired employees who, on her instructions, borrowed loans from banks), but in fact, Clone did not carry out such activities. By themselves, entrepreneurs did not conceal during the process that they had created a fund to raise funds for the treatment of one orphan child, whom they were allowed to adopt. The Foundation's website does not mention adoption, while other projects can be found (for example, sending children to summer camps), but there are no documents and reports confirming this provided by law. The mobile phone number indicated on the fund's website was turned off, no one answered the calls to the number in the registration details of the fund.

In the applicants' opinion, the courts did not assess the violation of their interests, although they had to investigate the issue of dishonesty of the defendant, otherwise "any name of an NGO can be used to inflict harm and mislead persons in the absence of a real charity." These arguments deserve attention and raise doubts about the legality of the appealed decisions of the courts, agreed the Supreme Court judge Vyacheslav Gorshkov in the decision to transfer the case to the collegium.

"Legislation and judicial practice do not prevent the emergence of charitable clone funds that use the names of well-known funds with an impeccable reputation, parasitize on them, raise the funds of citizens and organizations, and spend them on unknown targets, including the Ministry of Justice, which registers them," Representative of the fund Chulpan Khamatova, managing partner of the lawyer bureau "Bartolius" Julius Tai. The Ministry of Justice told Kommersant that the rules for registration of NGOs in this case are not violated, since the full names of the disputing funds are not "identical": Moscow is registered as "Charity fund for helping children with oncohematological and other serious diseases" Give life ", and Krasnoyarsk - "Charity fund" Give life 24 "." The department, however, does not specify that the figures "24" appeared in the changed name of the Krasnoyarsk fund only in April of this year, and in 2015 it was registered by the Ministry of Justice with a "brand" identical to Moscow. According to the data of "Kartoteki.ru", about 30 "Give Life" funds were registered in Russia. According to the Ministry of Justice, "as one of the mechanisms for protecting the interests of charitable organizations, institutions of a trademark or service mark can be used." But on the whole, the problem "should be considered in a comprehensive way, involving specialists in the field of intellectual property, information and criminal branches of law", because the name of a well-known charitable organization "may also be groups of persons who operate without state registration."

It should be noted that difficulties in applying the principle of conscientiousness in private law were discussed in May at the 7th St. Petersburg International Legal Forum. Minister of Justice Alexander Konovalov then said that "the courts should work out the criteria for objective good faith", since "morality and law enforcement do not have anything in common in common terms."