METHODS OF PREVETING RIGHS ABUSE IN THE ECONOMIC PROCESS

Abstract

The article defines that the legal category «abuse of procedural rights» is not new in the economic process, but from time to time it becomes an object of discussion among scientists. It is noted that this is due to the lack of a consensus understanding and definition of this concept in the literature and judicial practice. The problem of violations and abuses of procedural rights remains relevant and not properly regulated by law. The study emphasizes the relevance of studying the mechanisms of countering the abuse of procedural rights not only in economic litigation, as it violates the constitutional rights of citizens and legal entities to judicial protection. It is noted that the abuse of procedural rights is defined as the intentional actions of the participants in the legal process, which consist in the intentional distortion or use of procedural rights for the wrong purpose, which affects the process and hinders its purpose. Proving the true circumstances of the case, as a result of such abuses, requires more time and money. It was concluded that one of the directions for the development of the institute of abuse of procedural rights can be the creation of clear proposals that will prevent the emergence of new forms of unscrupulous behavior among process participants and increase the effectiveness of the procedural form of dispute resolution, which will be a safeguard against adverse consequences for the parties and threats to their procedural equality. The article considers the basic definition of the concept of «abuse of procedural rights». The established rights and obligations of participants in the economic process have been studied. In accordance with the legislation, it is determined what actions the court can consider an abuse of procedural rights. The issue of measures that the court is obliged to take to prevent the abuse of procedural rights is considered. Special attention in the research is paid to the principle of «estoppel». Conclusions have been made regarding the effectiveness of this principle in combating the abuse of rights in economic proceedings, as well as the importance of its consolidation at the legislative level.