Institute of the inadmissibility of abuse of procedural rights in civil proceedings through the prism of the practice of the European Court of Human Rights.

Abstract

The scientific work is devoted to analysis of national law doctrine and legal support of countermeasures against the abuse of procedural rights through the prism of the ECtHR's practice.
 The relevance of the scientific work is determined by many factors: 1) European integration processes in Ukraine, which exacerbate the problem of ensuring effective justice without unnecessary delays; 2) the obligation of Ukraine under the European Convention on Human Rights; 3) a large number of Ukrainian citizens' applications to the ECtHR against Ukraine regarding its violation of the right to a fair trial; 4) cases of abuse of one's procedural rights in forms not provided for in civil procedural legislation and court practice; 5) the need to use the practice of the ECtHR in civil proceedings as an official source of law etc.
 The author drew attention to the need to conduct a study of the problem of inadmissibility of the abuse of procedural rights, based on the analysis of the relevant practice of the ECtHR in this aspect.
 The author researched doctrinal approaches to understanding the concept of abuse of procedural rights, identified the most meaningful and apt definition among them, and proposed own definition of this concept.
 The author analyzed the forms of abuse of procedural rights, provided for in Article 44 of the Civil Procedure Code of Ukraine, at the same time giving the precedents of the ECtHR, in which the issue of the existence of a certain form was considered.
 The author drew attention to the lack of ECHR's practice about the problem of manipulation with the court's automated distribution system and the conclusion of a settlement agreement to the detriment of others. At the same time the author listed the ECHR's precedents regarding the ways of abusing procedural rights that are not provided for in Article 44 of the Civil Procedure Code of Ukraine. There were determined the key problems of the functioning of the institute for combating the abuse of procedural rights in civil proceedings and the ways to solve them, found through the prism of the ECHR's practice.