ABUSE OF PROCEDURAL RIGHTS: PUBLIC LEGAL ASPECT

Abstract

The article analyzes the public legal consequences of abuse of procedural rights in civil proceedings. A connection has been established between the abuse of procedural rights by the parties and the leveling of some of the main tasks of legal proceedings.
The article substantiates the connection between the abuse of procedural rights by the participants in the process and the violation of public law interests of the state. These violations consist, firstly, in the impossibility of fulfilling the tasks of timely and effective consideration of cases, and secondly, it contributes to an increase in the personnel shortage of the judicial system.
Analyzed the practice of the European Court of Human Rights on the ratio of access to justice and abuse of procedural rights, the boundaries of fair use of procedural rights by the parties.
It is concluded that the problem of abuse of procedural rights should be considered not only as a violation of the rights of the other party, but also as causing reputational damage and material damage to the judiciary.
Key words: abuse of procedural rights, protraction of civil proceedings, unfair use of procedural rights, public law interest of the state.