Features of abuse of procedural rights in civil, arbitration and administrative legal proceedings

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This article is devoted to the study of the concept of "abuse of procedural rights" in civil, arbitration and administrative proceedings. It is noted that in the procedural legislation, in contrast to the norms of substantive (civil) law, there is no legal definition of the concept under consideration. It is concluded that all elements of the specified institution of law require doctrinal elaboration. The basis of the abuse of procedural law is the deliberate dishonest behavior of the parties to a legal conflict. The main goal of such behavior is to achieve their own interests, the realization of material requirements at any cost. It was revealed that due to the evaluative nature of such a category as good faith, it is impossible to single out the criteria for automatically recognizing a person's behavior as an abuse of procedural law. The conclusion is substantiated that there are no grounds for the formation in the domestic legislation of a single exhaustive named list of forms of abuse of procedural law.

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Abuse of law, abuse of procedural law, form of abuse of procedural law, conscientious behavior, legal proceedings

Короткий адрес: https://sciup.org/170197247

IDR: 170197247   |   DOI: 10.24412/2500-1000-2022-10-3-83-87

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