Abuse of Procedural Rights as a Basis for Liability in Civil Proceedings

Abstract

The article discusses the concept of "abuse of procedural law", as well as the issues of applying liability measures for unfair behavior. The need that has arisen in practice to prevent abuses on the part of participants in civil proceedings in the exercise of their procedural rights and obligations, due to the necessity to ensure proper implementation of norms of procedural legislation justice in civil cases by courts of general jurisdiction, determines the relevance of this research. It is aimed at drawing conclusions to improve the measures of responsibility for abuse of procedural rights in the framework of the right to judicial protection. In order to achieve this goal, an analysis of the civil procedural legislation of the Russian Federation was carried out, as well as the foreign experience of a number of countries on the application of liability measures for abuse of procedural rights by participants in the judicial process was considered.