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Angelica TKACHUK,

Postgraduate student, Kyiv National Taras Shevchenko University

COMPENSATORY REMEDIES AGAINST ABUSE OF PROCEDURAL RIGHTS IN CIVIL PROCEEDINGS

The article deals with the studying of compensatory remedies against abuse of procedural rights. Special attention was paid to the consideration of their legal nature. The article includes the jurisprudence and international experience to deal with those issues. In the article much attention is given to the fact that national civil procedural law does not provide for the possibility of compensation for damage caused directly by abuse of procedural rights.

However, the Civil Procedural Code of Ukraine fixes several compensatory remedies, the use of which, although not connected with the establishment of facts of procedural abuse, can also occur in cases of their presence. It is noted that the scope of application of these compensatory remedies is extremely limited and is intended solely for damages for individual procedural actions, which is enforcement of a claim and providing evidence.

At the same time, undoubtedly, harm can be inflicted and caused as a result of other types of abuse of procedural rights, and therefore, at the level of domestic legislation, it would be advisable, taking into account the experience of foreign states, to provide for the possibility of compensation for harm caused by any abuse of civil procedural rights.

The article draws our attention to the fact that the absence in the domestic tort law of the possibility of compensation for harm caused by the abuse of procedural rights is due to the lack of a well-developed concept of good faith in substantive law, leads to the absence of direct recognition in civil law even the possibility of compensation for harm caused by abuse of material rights or other types of dishonesty in substantive law, not to mention bad faith in the administration of justice. In general the article describes the problems of countering abuse of procedural rights that exist at the present stage of development of civil proceedings. The article gives the author’s own vision of possible solutions to these problems.

Key words:abuses of procedural rights, remedies against abuse of procedural rights, legal fees, court fines, enforcement of a claim, securing evidence, countering abuse of procedural rights.

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