RETURN OF STATEMENT OF CLAIM AS A PROCEDURAL CONCEPT SERVING TO ESTABLISH BALANCE BETWEEN ABUSE OF RIGHT OF ACTION AND EXERCISE THEREOF
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 36, Issue 1
Abstract
The concept of return of statement of claim in the context of creation of right of action and exercise thereof is examined in the article. Attention is paid to historical perspective in introduction of the procedural concept of return of statement of claim. Target of the study is contemporary civil procedural law of Ukraine and Russia, as well as relevant doctrines and relationships, which are formed in the process of exercising one’s right of defense at the first stages of civil proceeding initiation. The article emphasizes the necessity of effective functioning of the concept under consideration, taking into account that it can restrict one’s right to judicial protection and create conditions for abuse of rights.
Authors and Affiliations
Н. Г. Колядіна
Keywords
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