New requirements for participants in the process with the adoption of a new Civil Procedure Code

New requirements for participants in the process with the adoption of a new Civil Procedure Code

Author

Perepelchenko Anatolii

With the adoption of the new Code of Civil Procedure, there are new requirements for litigants. One such requirement is the inadmissibility of abuse of procedural rights by litigants. "These abuses are used by the parties to delay the case, using legal means of illegal actions." Thus, the Code of Civil Procedure of Ukraine provides the following grounds for a judge to impose an appropriate fine on persons involved in the case (including representatives of the parties):
- failure to perform procedural duties provided by the code or determined by a judge;
- evasion of actions imposed by the court on the participant of the trial;
- abuse of procedural rights (for example, unreasonably re-challenged…);
- taking actions to obstruct the trial;
- failure to notify the court of the impossibility to submit evidence required by the court, or failure to submit such evidence without good reason; non-execution of the decision on securing the claim or evidence, failure to provide a copy of the response to the claim, appeal or cassation complaint, response to the response, objection to another party to the case within the period prescribed by the court;
- violation of the prohibitions established by the code or provided by the judge.
If the filing of a complaint, application, petition is recognized as an abuse of procedural rights, the court, taking into account the circumstances of the case, has the right to leave without consideration or return the complaint, application, petition. The court is obliged to take measures to prevent abuse of procedural rights. In case of abuse of procedural rights by a participant in a court proceeding, the court shall apply to him the measures specified by the Code. It should be noted that in accordance with Article 262 of the CPC of Ukraine, the court may issue a separate decision against a lawyer or prosecutor who abuses procedural rights, violates procedural obligations and improperly performs his professional duties. Even for filing a lawsuit with significant shortcomings. Such a decision will be sent to the relevant body to decide whether to bring a lawyer or prosecutor to disciplinary responsibility.