Abuse of subjective procedural rights when considering family disputes in the civil process of Russia

Автор: Mineev Oleg Aleksandrovich

Журнал: Legal Concept @legal-concept

Рубрика: Процессуальное право: вопросы теории и правоприменения

Статья в выпуске: 1 (22), 2014 года.

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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.

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Civilised process, family disputes, abuse of procedural rights, procedural provision, legislation reforming

Короткий адрес: https://sciup.org/14973587

IDR: 14973587

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