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
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