RIGHT ABUSE IN CIVIL PROCEEDINGS OF RUSSIA

Abstract

The article highlights the peculiarities of right abuse in the Russian civil and arbitration
proceedings. The long history of the development of this legal institution has not given
clear answers on many of its aspects. Thus, the majority of scientists recognize the
harm that is caused as a result of right abuse. At the same time it can be expressed in active
and passive behavior of the process participants (court, plaintiff, defendant, etc.). In
addition, the author supports the view that the abuse is only possible in relation of a right,
but not an obligation.