Preventive measures of the abuse by the attorney by its professional rights and guarantees
Journal Title: Правові новели - Year 2018, Vol 4, Issue
Abstract
The article is devoted to the study of the problems of the abuse of lawyers by their procedural rights and the statutory guarantees of professional advocacy. It has been established that the effectiveness of the court process depends not only on the perfect procedure for review of cases, but also on the behavior of parties and their representatives (lawyers), the fair exercise of their procedural rights and the exercise of procedural obligations. It is explained that earlier the principle of inadmissibility of abuse of procedural rights was deduced from the norm of honest execution by the parties of their obligations only indirectly; today, it is directly declared at the legislative level. The list of actions of the lawyer, which can be recognized by the court as containing the signs of abuse of procedural rights, is analyzed. The legal consequences of such actions are considered and the liability provided for by law, which entails such actions, as well as a number of shortcomings that are inherent in the investigated procedural provisions, are considered.
Authors and Affiliations
Ю. О. Меліхова
Keywords
Related Articles
- EP ID EP668937
- DOI -
- Views 70
- Downloads 0
Classification of the information rights of individuals
The article is devoted to the research of legal nature of the information rights. The author using legal norms analyses individual`s information rights and suggests a classification, outlining certain criteria for their...
The social precondition of legal consciousness of a police officer
In article were analyzed features of the nascence of the legal awareness and their interrelation with law. This article describes internal structure, mechanism and stages of the legal socialization of personality. Was id...
International legalliability of countries in non-international armed conflicts
This article is devoted to the issue of international legal responsibility of countries in non-international armed conflicts. It explores the historical aspect of the development of this institution, analyzes the jurispr...
Theoretical aspects and legal approaches to the definition of the legal nature of social relations arising in the field of natural monopolies
This article contains a detailed analysis of reference, educational, educational and methodical literature and the norms of current legislation in order to determine the legal nature of social relations arising in the fi...
Historical aspects of establishment of the institute of legal relations in Ukraine
The article is devoted to the consideration of historical aspects of the formation and development of the Institute of service legal relations in Ukraine. The main historical stages of the development of official legal r...