Abstract
The article deals with the correlation between the concepts “letter of the law” and “spirit of the law” in correlation with the concepts of good faith and abuse of procedural rights. The author points out that if the “spirit of the law” is not clear enough, there is an abuse of the “letter of the law”. In this case the law turns into a tool which is used by its enforcers not for the purposes of justice but for their own purposes. As a result of the study of controversial issues of the concept of good faith behavior of subjects of procedural law in civil proceedings, it is concluded that “good faith”, and especially “inadmissibility of abuse of procedural rights” cannot be considered as principles of civil and arbitration proceedings, administrative proceedings. The article specifies the condition under which the behavior will be considered as bona fide, namely: when it corresponds to the goals and objectives of civil and arbitral protsesses, administrative proceedings. The application of the current and projected legislation on the problems of combating the abuse of procedural rights is analyzed.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
