Проблемы злоупотребления процессуальными правами в гражданском процессе

Abstract

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.