STRATEGY AND TACTICS OF UNDUE DELAY IN CIVIL PROCEEDING AND METHODS OF COUNTERACTION

Abstract

Delaying civil procedure and abuse of civil procedural rights are among the most discussed issues in the scientific space of civil procedural law of Ukraine. For many years in judicial practice, there was a problem of violation of reasonable terms for the consideration of the case, including for reasons of delaying the civil process. A large number of citizens’ appeals to the European Court of Human Rights against Ukraine made it necessary to solve this problem and improve legislation, introducing new institutions and principles and developing ways to counteract the protraction of the civil process. Delaying the trial, as a definition, does not have a legislative basis, however, it was the subject of research, both on a practical and theoretical level, especially by lawyers and judges, because they often face such a problem. Dragging out the civil process, in full measure, is one of the tools for using civil procedural rights in order to abuse procedural rights. However, one should distinguish between these two concepts based on their distinctive features. Therefore, the purpose of writing the article is to determine the existing ways of delaying the civil procedure and methods of abuse of civil procedural rights in order to delay the civil procedure, as the main types of procedural offenses, as well as the formation of ways to counteract these negative disadvantages of civil proceedings. The mechanisms of termination and prevention of delaying the civil process have been determined. Thus, the systematization of the methods of delaying the civil procedure has theoretical and practical significance, because the conclusions formed regarding the methods of counteracting the delay in the civil procedure are aimed at improving the mechanisms for preventing civil procedural offenses, contributing to the effectiveness of the implementation of civil proceedings.