Application by the court of measures to prevent abuse of procedural rights in civil proceedings
DOI:
https://doi.org/10.37772/2309-9275-2025-2(25)-11Keywords:
principle of inadmissibility of abuse of procedural rights, abuse of procedural rights, measures to prevent abuse of procedural rightsAbstract
The article examines measures aimed at preventing abuse of procedural rights in civil proceedings through the prism of the provisions of Article 44 of the Civil Procedure Code of Ukraine. An analysis of Part 4 of Article 44 of the Civil Procedure Code of Ukraine makes it possible to conclude that the court is entrusted with the obligation to take measures to prevent abuse of procedural rights, namely preventive measures, which consist in preventing the use of procedural rights contrary to their intended purpose. At the same time, in cases of abuse of procedural rights by a participant in judicial proceedings, the court is obliged to apply to such participant the measures provided for by the Civil Procedure Code of Ukraine. Taking into account the provisions of the Civil Procedure Code of Ukraine on the inadmissibility of such actions in civil proceedings (Part 1 of Article 44 of the CPC of Ukraine), which establishes a direct legal prohibition on their commission, as well as the obligation of the court to take measures to prevent abuse of procedural rights, it may be concluded that the court, within the limits of its powers, is obliged to implement preventive measures aimed at preventing participants in judicial proceedings from abusing procedural rights. Since abuse of a procedural right arises from the moment when a participant in judicial proceedings performs a procedural action aimed at exercising such a right, measures aimed at overcoming the negative consequences for civil proceedings as a whole are of particular importance for civil justice. The court must take into account the specific features of the structure of civil proceedings both when taking measures to prevent abuse of procedural rights and when applying the measures provided for by the Civil Procedure Code of Ukraine in cases of abuse of procedural rights by participants in judicial proceedings. The application by the court of the measures provided for by the Civil Procedure Code of Ukraine in cases of abuse of procedural rights by a participant in judicial proceedings should take place exclusively with due regard to the circumstances of the case and the objectives of civil proceedings. In addition, the application of the measures provided for by the Civil Procedure Code of Ukraine to a participant in judicial proceedings must be carried out taking into account the normative limits of the stage of civil proceedings at which the action of the participant, recognized by the court as an abuse of procedural rights, was committed.
References
Committee of Ministers of the Council of Europe. (1984, February 28). Recommendation No. R (84) 5 to member states on the principles of civil procedure designed to improve the functioning of justice. https://www.supreme.court.gov.ua/userfiles/R_84_5_1984_02_28.pdf
Consultative Council of European Judges (CCJE). (2004, November 24). Opinion No. 6 (2004) on fair trial within a reasonable time and the judge’s role in trials taking into account alternative means of dispute settlement. https://rm.coe.int/168074752d
Luspenyk, D. (2023, April 04). Zasoby zapobihannia zlouzhyvannia protsesualnymy pravamy u tsyvilnomu sudochynstvi [Means of preventing abuse of procedural rights in civil proceedings]. National School of Judges of Ukraine. https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/Luspenyk_2021_03_15.pdf
Supreme Court. (2025, September 10). Resolution in Case No. 601/485/23. https://reyestr.court.gov.ua/Review/130793820
Korol, V. V., & Kyshakevych, L. Yu. (2025). Okrema dumka suddiv Velykoi Palaty Verkhovnoho Sudu shchodo postanovy Velykoi Palaty Verkhovnoho Sudu vid 10 veresnia 2025 roku u spravi No. 601/485/23 (provadzhennia No. 14-139 tss 24) [Dissenting opinion of the judges of the Grand Chamber of the Supreme Court regarding the resolution of the Grand Chamber of the Supreme Court of September 10, 2025, in case No. 601/485/23 (proceedings No. 14-139 tss 24)]. https://reyestr.court.gov.ua/Review/131035281
Komarov, V. V., Husarov, K. V., Sakara, N. Yu. et al. (2016). Tsyvilne sudochynstvo Ukrainy: osnovni zasady ta instytuty: monohrafiia [Civil justice of Ukraine: basic principles and institutes: monograph]. (V. V. Komarov, Ed.). Kharkiv: Pravo. 848 p.
