ABUSE OF PROCEDURAL RIGHTS IN THE ADMINISTRATIVE PROCESS

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ABUSE OF PROCEDURAL RIGHTS IN THE ADMINISTRATIVE PROCESS

Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2018, Vol 2, Issue 97

Abstract

Background. Administrative courts recognize the existence of such phenomenon as abuse of procedural rights. This is primarily due to the absence of legal consolidation of the notion of «abuse of procedural rights» and responsibility for the indicated actions in the Code of Administrative Justice of Ukraine. The analysis of recent researches and publications. Scholars pay not enough attention to the issue of abuse of procedural rights in administrative proceedings. Only a few works are devoted to the definition of the concept of abuse of procedural rights in administrative proceedings, its features and influence on the sphere of administration of justice in administrative affairs. The aim of the article is comprehensive system analysis of abuse of procedural rights by participants of the administrative process. Materials and methods. The scientific works on the problems of abuse of the law in general and procedural rights in particular by scientists from various fields of law were the theoretical basis of the article.Philosophical methods of cognition, general scientific and special legal which were used in the article are the methodological basis. Results. The thesis regarding the understanding of the abuse of procedural law as actions that contradict the legitimate aim of procedural law that is abused by a person, as well as the purpose of administrative legal proceedings is confirmed in the judicial practice of administrative proceedings. The peculiarities of realization of the phenomenon of abuse of the law in administrative legal proceedings are researched in the article on the basis of analysis of the provisions of the updated Code of Administrative Justice of Ukraine. The author notes that in the judicial practice of administrative proceedings, the thesis regarding the understanding of abuse of procedural law as actions that contradict the legitimate aim of procedural law that is abused by a person, as well as the purpose of administrative legal proceedings, is confirmed. Conclusion. On the basis of the practice of applying the current legislation, the following types of abuse of the law in administrative proceedings should be determined, in particular: cases of abuse of the right to apply to the court for judicial protection, which include: submission of a knowingly unreasonable claim, as well as filing a claim in the absence of a subject of a dispute or in a dispute that is obviously an artificial one, the submission of several identical claims, artificial claims, judicial simulation and barratry and institutional abuses aimed at influencing the formation of a proper court for consideration of a particular case.

Authors and Affiliations

Serhiy BAZYLEVSKY

Keywords

EP ID EP408702
DOI -
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