Зловживання цивільними процесуальними правами

Abstract

The article presents a general description of the abuse of civil procedural rights, explores the concept of “abuse of civil procedural rights”, its essence and legal nature, features and problems of legal regulation, analyzes case law and identifies problems that arise in court cases related to with abuse of civil procedural rights. Abuse of civil procedural rights was and is now quite common in our country. Despite the fact that this phenomenon has actually existed for a long time, the state paid attention to it and began to regulate issues related to it, relatively recently. In particular, one of the most important regulations, which addresses the issue of abuse of civil procedural rights, was adopted in a new version in 2017, the Civil Procedure Code of Ukraine. In fact, the abuse of civil procedural rights is a novelty of civil proceedings. This is the reason for its detailed study and research. The problem of the existence of this phenomenon remains relevant for many years. After all, if the state does not pay enough attention to it, the constitutional rights of citizens of Ukraine, the right to a fair trial, as provided by the Convention for the Protection of Human Rights and Fundamental Freedoms, may be violated. The main task of the court is the correct recognition of certain actions of the participants in civil proceedings as an abuse of civil procedural rights. It is by establishing the right criteria by which one could distinguish the abuse of procedural rights from the conscientious conduct of individuals that such consequences as unjustified prosecution and violation of the right to a fair trial can be avoided. It is also one of the most common problems that courts face in their work. It is also problematic to distinguish the abuse of civil procedural rights from the abuse of civil substantive rights, as they entail completely different legal consequences, which can also be a violation of the right to a fair trial.