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Measures to prevent abuse of procedural rights in civil judiciary
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Bibliographic description of the article for the citation:

and . Measures to prevent abuse of procedural rights in civil judiciary//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/09-16/

Annotation: The article analyzes the existing means of preventing the abuse of procedural rights in civil proceedings and makes suggestions for their effective implementation. Thus, the author, defining the concept of "abuse of procedural rights", points to a deficiency in the current legislation regarding the consolidation of this concept. Also, the opinions of various scientists on this matter are given. Analyzing judicial practice, the author proves that courts can determine various actions of process participants as an abuse of procedural rights, going beyond Article 44 of the Code of Criminal Procedure of Ukraine. It is indicated that in civil science there are quite skeptical attitudes towards the measures to prevent the abuse of procedural rights and their implementation established in the Civil Code, and this opinion is supported. Taking this into account, an opinion is expressed about the expediency of enshrining in the Civil Code of Ukraine a mechanism for bringing civil-legal responsibility specifically for non-compliance with the obligation to exercise one's civil procedural rights in good faith, determining which actions qualify as abuse and a clear mechanism for bringing this responsibility.

Keywords: abuse of rights coercive measures participants in the case prevention measures procedural abuse заходи запобігання заходи примусу зловживання правами процесуальні зловживання учасники справи
Categories: Jurisprudence
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The evasion of law institute in private international law: overview of the perspective
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Bibliographic description of the article for the citation:

. The evasion of law institute in private international law: overview of the perspective//Science online: International Scientific e-zine - 2020. - №12. - https://nauka-online.com/en/publications/jurisprudence/2020/12/institut-obhoda-zakona-v-mezhdunarodnom-chastnom-prave-obzor-problematiki/

Annotation: The article analyzes some theoretical and practical problems of the place of the institution of law evasion in private international law. Particular attention is paid to the analysis of evasion of law institute from the standpoint of its relation with the requirements for committing transaction, grounds and consequences of transaction invalidity. Various approaches to definition of the concept of evasion of law, its features and the role it plays in the mechanism of regulation of private legal relations complicated by a foreign element are considered. Despite sufficient scientific work on the study of law evasion, in particular as a type of abuse of law, in private international law, science, unfortunately, has not developed general approaches to the place and importance of law evasion in the system of grounds for non-application of foreign law. In the context of active development and dissemination of private law relations, which are the subject of private international law, it is important to analyze the legal institution of law evasion in relation to the categories of "autonomy of will" and "choice of law". The relevance of the study, which was revealed in the article, due to the fact that in combination with freedom of movement, freedom of reason, contractual freedom and autonomy of will inherent in civil relations in general and regulated by private international law in particular, the requirement of mandatory and strict subordination of such relations uniform law (for example, citizenship or place of residence) looks like an anachronism nowadays. Thus, it is emphasized that the task of law evasion is to ensure the stability of private international law in the interaction of national legal systems, eliminating "disturbing" influences on the subsystem through agreements and other actions that reflect private interests to the detriment of the individual, society and state. The article provides for criticism of current definition of evasion of law, embodied in the Law of Ukraine «On Private International Law», from the standpoint of traditional concept of evasion of law and outlines suggestions for its improvement.

Keywords: abuse of rights autonomy of will principle choice of law evasion of law evasion of law institute вибір права выбор права зловживання правом злоупотребление правом институт автономии воли институт обхода закона інститут автономії волі інститут обходу закону обхід закону обход закона
Categories: Jurisprudence
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