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Use of abusive words or characters by participants is an abuse of procedural rights

The person appealed to the court with a complaint in which he used an outrageous vocabulary, shamelessly described the state executor whose inaction was disputed, and argued that he appealed to the court for the protection of his rights precisely because the state executor has such characteristics.

This complaint was left without consideration by the Grand Chamber of the Supreme Court, arguing that the complainant's actions are a manifestation of disrespect for the court and other participants in the proceedings. In addition, the Verkhovna Rada of the Supreme Court stated that the filing of such a complaint is an abuse by the complainant of his procedural rights and the failure to comply with the duty to be guided by the tasks of civil justice.

By adopting the resolution of the Supreme Council of the Armed Forces, in particular, paragraphs 2 and 11 of Part 3 of Art. 2 of the Civil Procedural Code of Ukraine, according to which respect for honor and dignity, equality of all participants in the litigation before the law and the court, and the inadmissibility of abuse of procedural rights are the basic principles (principles) of civil proceedings.

According to clause 1 part 2 of Art. 43 of the Civil Procedure Code of Ukraine participants of the case are obliged to show respect for the court and other participants in the trial, and part 1, Article. 44 of this Code imposes on the participants in the trial and their representatives the duty to use procedural rights in good faith. Instead, abuse of procedural rights is not allowed.

The list of actions that contradict the task of civil justice and which, depending on the particular circumstances, the court may declare an abuse of procedural rights, is not exhaustive.

Inaccurate language, abusive and abusive words or symbols, in particular, to provide personal characteristics to the participants in the case, other participants in the trial, their representatives and the court (judges) can not be used either in statements on the merits of the case, statements on procedural issues, other procedural documents, neither in the speeches of the participants of the trial and their representatives.

The use by some participants of the trial and their representatives of the obscene vocabulary, offensive and deceptive words or symbols in the documents filed with the court and in communicating with the court (judges), with other participants of the process and their representatives, and also the commission of similar actions is a manifestation of obvious disrespect for honor , the dignity of these people by those who do such acts. These actions contradict the basic principles (principles) of civil proceedings (paragraphs 2 and 11 part 3 of Article 2 of the Civil Procedure Code of Ukraine), as well as its task, which prevails over any other considerations in the court proceedings (parts 1 and 2 of the article). In view of the commission of such actions, the court may declare an abuse of procedural rights and apply, in particular, the measures provided for in Part 3 of Art. 44 of the Civil Code of Ukraine (Decree of the Grand Chamber of the Supreme Court dated March 13, 2019 in case No. 199/6713/14-ts, proceedings No. 14-92tss19).

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