THE COURT ’s PROCEDURAL ACTIVITY IN COUNTERACTING ABUSES OF PROCEDURAL RIGHTS

• Main Author: Anan’in Danil
• Format: Article
• Language: English
• Published: Ural State Law University 2019-10-01
• Series: Электронное приложение к Российскому юридическому журналу
• Subjects: abuse of procedural rights; presumption of the procedural good faith; adversarial principle; material and formal sides of the process

The prohibition of abuse of rights is an interdisciplinary constitutional principle, which the court should follow when resolving a particular dispute. The limits of realization of subjective rights are determined by the criterion of the good faith behaviour of an authorized subject; however, the good faith category is evaluative and implies freedom of judicial discretion. The good faith of participants in procedural legal relations is presumed when they exercise procedural rights and perform duties in civil and administrative proceedings. This presumption is rebuttable. The author wants to know who is responsible for rebutting this presumption and whether it is possible for the court to play an active role and to monitor the implementation of procedural rights in the adversary process if the persons involved in the case do not refer to the facts of unfair behaviour. Based on the division of the process into material and formal one, the author concludes that, when there is an abuse of procedural rights, the court should be proactive in order to protect both the interests of justice and the interests of the persons involved in the case.