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Title |
Mechanisms of counteraction against abuse of
procedural rights (as exemplified by the arbitration
process when considering economic disputes in civil
matters) |
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Authors |
Chetver takova Elena Sergeevna
judge,
presiding judge of the Arbitrazh Court of the
Chelyabinsk Region, Candidate of Science (Law),
associate professor. 2 Vorovsky St., Chelyabinsk,
454091. E-mail: Helen2610 helen2610@ya.ru |
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Section |
Civil and Criminal Procedure |
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Issue |
4/2014 |
Page |
135-142 |
index UDC |
347.91/.95 |
index LBC |
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Abstract |
The paper deals with the analysis of the category
“interest” as a prerequisite for civil (arbitration)
procedure and as an element of the mechanism of
counteraction against abuse of right to sue. The
role of adversarial and optionality principles in
the civil proceedings is evaluated. Since it’s
necessary to adhere to procedural time limits when
considering a case and reasonable time period of
civil proceedings, the author draws attention to the
role of legal assessment of such circumstances as
legal and factual complexity of the case, behavior
of trial participants, sufficiency and efficiency of
the court’s actions, carried out for a timely
consideration of the case, as well as reasoning of
the judicial act, in which the court comes to a
conclusion that the case couldn’t be considered in
this session due to the need to adduce additional
evidence and conduct other procedural actions. The
ways of exercising influence on trial participants
(appropriation of court costs, imposition of a court
fine) are examined. The possibility of a failure of
judicial protection in case of abuse of substantive
and (or) procedural rights is analyzed. |
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Keywords |
abuse of right, procedural rights,
civil proceedings. |
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