Measures to prevent and counter abuse of procedural rights in the judicial system of Ukraine

Abstract

The article clarifies the concept of measures to prevent and counteract the abuse of procedural rights in administrative and civil proceedings, identifies their types, determines their effectiveness and proposes certain ways of their improvement.

It is clarified that measures to prevent and counteract the abuse of procedural rights in administrative proceedings are measures to prevent and stop the abuse of such rights and measures to hold accountable the persons who committed them, which are applied by the court on the grounds and in the manner prescribed by law and taking into account the explanations and interpretations of the Constitutional and Supreme Courts.

It has been proven that, taking into account the functionality, these measures can be divided into two groups: 1) organizational, which include - implementation of simplified claim proceedings, ensuring the possibility of conducting a case review in the absence of the parties and other participants in the case, creating technical conditions for the functioning of electronic justice by introducing the Unified Judicial Information and Telecommunications System, establishing special rules for changing the composition of the court in the event of circumstances that complicate the timely consideration of the case, using the dispute settlement procedure with the participation of a judge, establishing restrictions on cassation appeals of certain categories of cases, using the mechanism of disciplinary liability of judges and lawyers; 2) procedural - consolidation of the principles of good faith and inadmissibility of abuse of procedural rights, establishment of a general obligation of good faith use of procedural rights and strict fulfillment of procedural duties, definition of an open list of actions that can be qualified as abuse of administrative procedural rights, establishment of general consequences of abuse of procedural rights, imposition on the court of the obligation to take measures to prevent abuse of procedural rights, etc.

It has been established that it would be more correct from the point of view of legislative technique to improve (supplement) existing procedural norms that provide for the application of preventive measures, cessation of abuse of procedural rights and establishment of liability for their commission than to isolate them in a separate section of the relevant codes.