On Abuse of Right in the Civil Procedure

Procedure of the Institute of Justice of the Baikal State University The article examines certain aspects of abuse of law in civil procedure. The author has identified the reasons for the lack of a single legal definition of the legal institution under study in civil procedural legislation, which makes it possible to identify its main features. It has been established that such reasons are the evaluative nature of the legal phenomenon, the variability of forms of abuse of law, the need to maintain a balance with the principle of competition, and a special subject of proof. In addition, the author examined the features of legal counteraction to abuse of law in terms of exercising the right to receive compensation, identified problems of legal regulation that impede the widespread use of the opportunities provided by the legislator, and also suggested ways to improve the current procedural legislation. The author’s proposals are to develop a detailed counteraction mechanism that would exclude the court’s condoning of the illegal behavior in question.