On the problem of countering procedural abuses in civil proceedings

Бесплатный доступ

The concept of procedural rights established by the Civil Procedure Code of the Russian Federation in relation to participants in civil proceedings is revealed and the main procedural rights provided for by the structure of the Civil Procedure Code of the Russian Federation are highlighted. The article considers the basics of the formation of civil procedure legislation in the pre-revolutionary and Soviet periods in terms of identifying procedural abuses and applying appropriate measures of state coercion. The problems that arise when interpreting the actions (inactions) of participants as unfair behavior and bringing them to the appropriate responsibility are presented.

Еще

Act, unfair behavior, abuse of procedural rights, judicial decision, protection of rights and freedoms, the principle of the presumption of good faith

Короткий адрес: https://sciup.org/170189015

IDR: 170189015   |   DOI: 10.24412/2500-1000-2021-5-4-59-62

Статья научная