Tag: procedural abuse

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.