Правові горизонти (Mar 2023)
THE STATE OF SCIENTIFIC DEVELOPMENT OF THE PROBLEM OF ABUSE OF CIVIL PROCEDURAL RIGHTS
Abstract
The article is devoted to the investigation of the stages of formation of domestic civil procedural opinion in view of the problem of unfair procedural behavior and law abuse. The list of scientific problems developed at that time can include, albeit with certain reservations, the problem of abuse of procedural rights, which also received some elucidation in numerous legislative sources and materials of recent judicial practice. The Soviet period of the development of the science of civil procedural law is characterized by an almost complete rejection of already accumulated legislative experience and systemic knowledge, attempts to justify and prove the advantages of the new system and socialist justice, which found its specific reflection in the civil procedural form of realization rights and obligations. This thesis is quite applicable to the problem of abuse of civil procedural rights. For modern Ukraine, the problem of abuse of civil procedural rights has not only not lost its significance, but also sounds even more acute than in the previous stages of the development of judicial power and the lawsuit. A major update of the civil procedural legislation and expansion of the dispositive and competetive powers of the litigant actualizes the issue of the limits of active and lawful behavior of the litigants, responsibility for violation of the order of civil procedural actions, possible types of abuse of procedural rights and countermeasures against them. This is especially relevant in the conditions of essentially unlimited possibilities of the litigants, the origins of which should be sought in the nature of the principles of competition and dispositiveness. As a result, there is a potential possibility of unfair procedural behavior. In this regard, we have open questions, which related to characteristic signs of abuse of procedural rights, the possibility of their division into groups, and legislative regulation remain open.
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