Participants in the case are obliged
Posted: Tue Jun 17, 2025 9:10 am
Respect for honor and dignity, equality of all participants in the legal process before the law and the court, and the inadmissibility of abuse of procedural rights are the basic foundations (principles) of civil proceedings (paragraphs 2 and 11 of part three of Article 2 of the Code of Civil Procedure of Ukraine).
show respect for the court and other participants in the judicial process (clause 1 of part two of Article 43 of the Code of Civil Procedure of Ukraine).
Participants in the trial and their representatives must exercise procedural rights in special database good faith; abuse of procedural rights is not permitted (Part One of Article 44 of the Code of Civil Procedure of Ukraine).
According to the content of part two of this article, the list of actions that contradict the purpose of civil proceedings and which, depending on specific circumstances, the court may recognize as an abuse of procedural rights is not exhaustive.
(!!!) In this case, the decision on the presence or absence of abuse is at the discretion of the court hearing the case.
Procedural rights are granted by law to those persons participating in the process to assist the court in considering cases and in their proper resolution.
And every time a party to a case performs any procedural action not for this purpose, but to achieve some extraneous goals (to mislead the court, delay the proceedings, create obstacles for the opponent, etc.), it goes beyond the true meaning of its right, that is, it uses it contrary to the basic principles of civil procedure, and therefore abuses it.
show respect for the court and other participants in the judicial process (clause 1 of part two of Article 43 of the Code of Civil Procedure of Ukraine).
Participants in the trial and their representatives must exercise procedural rights in special database good faith; abuse of procedural rights is not permitted (Part One of Article 44 of the Code of Civil Procedure of Ukraine).
According to the content of part two of this article, the list of actions that contradict the purpose of civil proceedings and which, depending on specific circumstances, the court may recognize as an abuse of procedural rights is not exhaustive.
(!!!) In this case, the decision on the presence or absence of abuse is at the discretion of the court hearing the case.
Procedural rights are granted by law to those persons participating in the process to assist the court in considering cases and in their proper resolution.
And every time a party to a case performs any procedural action not for this purpose, but to achieve some extraneous goals (to mislead the court, delay the proceedings, create obstacles for the opponent, etc.), it goes beyond the true meaning of its right, that is, it uses it contrary to the basic principles of civil procedure, and therefore abuses it.