Кочмарёв А.Э.

This article considers the main directions of judicial protection of the rights and legitimate interests, and also the problems and ways of counteraction to the abuses of procedural laws. The analysis of the Russian procedural legislation shows that the domestic right strongly stands on a position of reasonable ratio of the private and public interests in the civil and arbitration process. In the articles determining the tasks of the civil and arbitration process (Art. 2 of CPC of the Russian Federation and the Art. 2 of APC of the Russian Federation) the purposes both individual and public in character on which the achievement of justice is directed take place.

This article describes the main directions of judicial protection of their rights and legitimate interests, procedural problems of chicane and the methods of countering abuse of procedural rights of persons involved in the case. Jurisprudence of the recent years shows that often appeals to the court pursue unscrupulous purpose and have a nature of the abuse the right to sue. The consequence of this situation is the harm caused by conscientious individuals and legal entities and the state itself as a whole. The duty of persons involved in the case, in good faith to use belonging to their procedural rights. The above obligation is known to the Russian law since the Soviet times. By the article 6 of the Code of the Civil Procedure of the RSFSR of 1923 was found that the sides must conduct business in good faith not to delay the proceedings.

The article discusses the possibility of judicial control by the state registration of the rights to the real estate and the transactions with it.

Кочмарев Александр Энгельсович – канд. юрид. наук, доцент кафедры гражданского права ГОУ ВПО «Дальневосточная академия государственной службы (г. Хабаровск). Тел.: (4212) 31 59 75