Some aspects of the abuse of rights in civil and economic proceedings
The article is devoted to the analysis of abuse of procedural rights in civil and economic proceedings. The views and approaches to the problem of abuse of rights available in the legal literature are considered. Based on the review of scientific literature, the conclusion has been made that ther...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2024-03-01
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| Series: | Law and Safety |
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| Online Access: | https://pb.univd.edu.ua/index.php/PB/article/view/786 |
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| author | K. M. Hurtova |
| author_facet | K. M. Hurtova |
| author_sort | K. M. Hurtova |
| collection | DOAJ |
| description | The article is devoted to the analysis of abuse of procedural rights in civil and economic proceedings. The views and approaches to the problem of abuse of rights available in the legal literature are considered.
Based on the review of scientific literature, the conclusion has been made that there are two general theoretical constructs for understanding the concept of “abuse of procedural rights” within the framework of two approaches. The first approach involves the definition of abuse of procedural rights as misuse of procedural rights, and the second approach – as a type of procedural offence. The article analyses the national legislation on the subject matter of the study.
It is argued that the abuse of procedural rights is a certain situation which participants to court proceedings find themselves in, whose rights are violated and are directly related to the rights of the person who abuses them. The exercise of procedural rights is carried out by one party to the dispute within certain limits, as long as it does not contradict the interests of the other party. Violation of these limits leads to the emergence and existence of such a legal phenomenon as abuse of rights.
It is established that abuse of procedural rights means that one of the parties to a dispute, which formally has certain rights, unlawfully exercises them, violating the extent and type of behaviour defined by the procedural law, while taking advantage of the fact that these rights cannot be objectively clearly defined by means of direct prohibitions. In other words, when exercising their rights, the parties to the dispute do not take into account all the actual circumstances and do not take into account the possible harm to each other’s interests.
Attention is drawn to the fact that the diversity of procedural rights in civil and commercial proceedings gives rise to a corresponding number of types of their abuse by the parties to a case. Due to the absence of a clear list in current legislation of the types of abuse of procedural rights and the existence of certain judicial practice in resolving this category of cases, it should be noted that there are various classifications by scholars. |
| format | Article |
| id | doaj-art-98074b3490a641c594345f078eb63444 |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-98074b3490a641c594345f078eb634442025-02-03T04:06:41ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332024-03-01921233010.32631/pb.2024.1.02786Some aspects of the abuse of rights in civil and economic proceedingsK. M. Hurtova0Kharkiv National University of Internal AffairsThe article is devoted to the analysis of abuse of procedural rights in civil and economic proceedings. The views and approaches to the problem of abuse of rights available in the legal literature are considered. Based on the review of scientific literature, the conclusion has been made that there are two general theoretical constructs for understanding the concept of “abuse of procedural rights” within the framework of two approaches. The first approach involves the definition of abuse of procedural rights as misuse of procedural rights, and the second approach – as a type of procedural offence. The article analyses the national legislation on the subject matter of the study. It is argued that the abuse of procedural rights is a certain situation which participants to court proceedings find themselves in, whose rights are violated and are directly related to the rights of the person who abuses them. The exercise of procedural rights is carried out by one party to the dispute within certain limits, as long as it does not contradict the interests of the other party. Violation of these limits leads to the emergence and existence of such a legal phenomenon as abuse of rights. It is established that abuse of procedural rights means that one of the parties to a dispute, which formally has certain rights, unlawfully exercises them, violating the extent and type of behaviour defined by the procedural law, while taking advantage of the fact that these rights cannot be objectively clearly defined by means of direct prohibitions. In other words, when exercising their rights, the parties to the dispute do not take into account all the actual circumstances and do not take into account the possible harm to each other’s interests. Attention is drawn to the fact that the diversity of procedural rights in civil and commercial proceedings gives rise to a corresponding number of types of their abuse by the parties to a case. Due to the absence of a clear list in current legislation of the types of abuse of procedural rights and the existence of certain judicial practice in resolving this category of cases, it should be noted that there are various classifications by scholars.https://pb.univd.edu.ua/index.php/PB/article/view/786abuse of rightprocedural rightsexercise of subjective rightcase lawsigns of abuse of procedural rightstypes of abuse of procedural rights. |
| spellingShingle | K. M. Hurtova Some aspects of the abuse of rights in civil and economic proceedings Law and Safety abuse of right procedural rights exercise of subjective right case law signs of abuse of procedural rights types of abuse of procedural rights. |
| title | Some aspects of the abuse of rights in civil and economic proceedings |
| title_full | Some aspects of the abuse of rights in civil and economic proceedings |
| title_fullStr | Some aspects of the abuse of rights in civil and economic proceedings |
| title_full_unstemmed | Some aspects of the abuse of rights in civil and economic proceedings |
| title_short | Some aspects of the abuse of rights in civil and economic proceedings |
| title_sort | some aspects of the abuse of rights in civil and economic proceedings |
| topic | abuse of right procedural rights exercise of subjective right case law signs of abuse of procedural rights types of abuse of procedural rights. |
| url | https://pb.univd.edu.ua/index.php/PB/article/view/786 |
| work_keys_str_mv | AT kmhurtova someaspectsoftheabuseofrightsincivilandeconomicproceedings |