Abuse of procedural rights by participants in civil proceedings
نویسندگان
چکیده
The article is devoted to the abuse of procedural rights by participants in civil proceedings, which a full-fledged offense, resulting complicated access justice and delaying process. problem has been remains quite relevant for national science practice, because correct timely consideration resolution cases conditions bad faith becomes an extremely difficult task. Civil Procedure Code Ukraine new edition first time among basic principles proceedings enshrined provision on inadmissibility rights, defined actions persons that can be qualified as abuse, also provided mechanism combating such negative phenomenon. Abuse rather subjective evaluative concept. At same time, it should emphasized right considered offense only if causal link between harm caused (establishment certain risks) another party case established. introduced innovations are appropriate, but they not free from shortcomings, given inclusion most common situations at ignoring more complex ways (implicit (for example, judge's recusal or filing several different content/subject claims regarding legal relationship), well fact judges currently do apply articles sufficiently. author concludes enshrining prohibition legislation significant step towards improving efficiency procedure. attention paid certainty characterization may with view their compliance international legislation, uniform interpretation rules law enforcement practice.
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ژورنال
عنوان ژورنال: Aktual?nì problemi pravoznavstva
سال: 2023
ISSN: ['2664-5718', '2524-0129']
DOI: https://doi.org/10.35774/app2023.01.135