| Abstrakt: |
The article examines the main general theoretical constructions regarding the understanding of «abuse of procedural rights.» It is emphasized that the abuse of procedural rights is closely related to abuses of substantive rights, which is manifested in adherence to the general principles of administrative, economic, and civil legislation. It is argued that the mechanism of abuse of procedural rights boils down to the fact that a person seeking to achieve certain legal consequences carries out procedural actions (or inactions) outwardly «similar» to legal facts with which the law associates the occurrence of certain consequences (for example, submitting applications, complaints, motions, but with «deficiencies»). The judicial decisions of the Grand Chamber of the Supreme Court, which reveal the essence and understanding of the concept of «abuse of procedural rights,» are analyzed. It is concluded that the Grand Chamber of the Supreme Court does not provide a definition or clarification of the concepts of «abuse of right» and «abuse of procedural rights.» However, the term «abuse of the right to lodge a complaint» is encountered in the decisions, which means dishonest use of procedural rights by participants in the judicial process, disrespect for honor and dignity, equality of all participants in the judicial process before the law and the court, leading to unjustified delays, violations of reasonable deadlines during the consideration of cases, and basic principles (principles) of civil procedure. A list of actions that, depending on the specific circumstances of the case, the Grand Chamber of the Supreme Court has recognized as abuse of procedural rights is determined. Among the types of abuse of procedural rights by decisions of the Grand Chamber of the Supreme Court, unsubstantiated challenges of judges; obscene language, insulting and abusive words, symbols (to provide personal characteristics to participants in the judicial process and the court) in procedural documents, speeches by participants in the judicial process; non-appearance of participants in the judicial process at a court hearing. [ABSTRACT FROM AUTHOR] |
