The claim about property right recognition as a special means of its protection

The article analyzes the existing practice of resolving family disputes in courts of general jurisdiction regarding the abuse by the civil process participants of their subjective procedural rights and highlights the main areas of law abuse when considering family disputes. The author carries out the comparative analysis of norms of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation regarding the research of procedural abuses institute. The author makes conclusion that the current arbitration procedural legislation may serve as a source of ideas on reforming the civil procedural law in order to prevent procedural abuse by process participants. In the light of upcoming major changes in the procedural legislation, caused by the merger of higher courts, the author suggests borrowing the norms aimed at preventing the procedural rights abuse in the Arbitration Procedure Code of the Russian Federation and introducing them into the Russian Civil Process. This measure will facilitate fast and proper resolution of family disputes that is of great public importance and is one of the main tasks of civil proceedings.