Mineev O.A. Abuse of Subjective Procedural Rights when Considering Family Disputes in the Civil Process of Russia
Mineev Oleg Aleksandrovich
Candidate of Juridical Sciences, Associate Professor Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article analyzes the existing practice of resolving family disputes in courts of general jurisdiction regarding the abuse by the civil process participants of their subjective procedural rights and highlights the main areas of law abuse when considering family disputes. The author carries out the comparative analysis of norms of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation regarding the research of procedural abuses institute. The author makes conclusion that the current arbitration procedural legislation may serve as a source of ideas on reforming the civil procedural law in order to prevent procedural abuse by process participants. In the light of upcoming major changes in the procedural legislation, caused by the merger of higher courts, the author suggests borrowing the norms aimed at preventing the procedural rights abuse in the Arbitration Procedure Code of the Russian Federation and introducing them into the Russian Civil Process. This measure will facilitate fast and proper resolution of family disputes that is of great public importance and is one of the main tasks of civil proceedings.
Key words: civilised process, family disputes, abuse of procedural rights, procedural provision, legislation reforming
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