Issues of abuse of civil procedural rights

Abstract

The article presents a study of the problem of abuse of civil procedural rights. It is noted that the issue of abuse of procedural rights in civil proceedings in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the norms of the Civil Procedure Code of Ukraine have been studied. Attention is drawn to the Information Letter of the Supreme Commercial Court of Ukraine dated March 15, 2010 “On some issues of prevention of abuse of procedural rights in commercial litigation” and the Resolution of the Plenum of the Supreme Court of Ukraine of June 12, 2009 № 5 “On the application of the rules of civil procedural law governing the proceedings before the trial”. Judicial practice concerning abuse of civil procedural rights is analyzed. The international normative legal acts are studied, namely: The Convention for the Protection of Human Rights and Fundamental Freedoms. The definition of “abuse of civil procedural rights” is given, as well as the signs of this procedural institution. The article also pays attention to the types and classification of abuse of civil procedural rights. The means of preventing the abuse of civil procedural rights are analyzed: the grounds for applying coercive measures to a person, including a fine, are determined. Problems related to a person's unfair use of his procedural rights have been identified. An analysis of case law on situations where a person's behavior is recognized as an abuse of their procedural rights. Conclusions and gaps related to the issue of abuse of procedural rights in civil proceedings are presented.