Неприпустимість зловживання процесуальними правами як одна з основних засад (принципів) адміністративного судочинства

The article attempts to characterize the principle of inadmissibility of abuse of procedural rights and to analyze the case law on abuse of procedural rights. It is emphasized that the principle of inadmissibility of abuse of procedural rights competes with the principle of access to justice, since in case of leaving a claim without consideration, the right to access to justice is actually restricted. The author interprets the category of “good faith” as an integral characteristic of the behavior of participants to the administrative process. The author supports the position of scholars that the concept of good faith is an evaluative concept, and therefore it serves as an instrument by which individual regulation of administrative proceedings is carried out, in particular, the qualification by the court of an action (or inaction) of a party to a case as an abuse of procedural rights.

The author argues that the abuse of procedural rights is not always an action, it can also manifest itself in the form of inaction. For example, the Grand Chamber of the Supreme Court considers failure to appear in court as an abuse of rights. In particular, the plaintiff was duly notified by the court of the court hearing, twice (again after the case was postponed) failed to appear in court without giving valid reasons for his/her absence and did not file any applications for consideration of the case in his/her absence.

The author analyzes the case law which contains numerous examples of abuse of procedural powers which negatively affect the outcome and efficiency of the trial. 

The author comes to the conclusion that the legislator cannot enshrine an exhaustive list of actions which a court may recognize as abuse of procedural rights, and therefore courts should pay sufficient attention to find out whether a person really uses his or her rights contrary to their purpose and whether these actions are intentional.  The discretionary powers of the court in such cases make it possible to minimize violations of the principle of inadmissibility of abuse of procedural rights.