Perekrestnaya О. Abusing by procedural rights in commercial litigation

Research object: public relations on abuse of economic justice available to them procedural rights. Research purpose: the study of new theoretical propositions, conclusions regarding the abuse of procedural rights in the commercial litigation and to develop concrete proposals on how to mitigate them. Research methods: comparative law; systematic structural and dialectical; formal legal and regulatory dogmatic; deduction and induction. Theoretical and practical value: in depth and improved in the science of economic law and procedure theoretical developments on the problem of abuse of procedural rights in the economic legal proceedings. The results of the study can be used for further development of the relevant legislation, as well as at improving the regulatory framework on the issue and enforcement activities. Proposals to improve the standards of the Commercial procedural code of Ukraine submitted to the Verkhovna Rada of Ukraine. The results embedded in the practical activity of the Economic court of Donetsk region and are used in educational process of Donetsk national University Ministry of education of Ukraine. Scientific novelty: the paper reveals adjusted concept of "abusing by procedural rights in commercial litigation", introduced qualification of abusing by procedural rights as delict which is characterized by certain composition, proposed such new criteria for classification of the previous unfair behavior as real purpose of procedural actions and character of interests pursued by litigants. The author analyzed the core of abusing by the claim, abusing by the motion to suspend various judicial proceeding, abusing by appeal. The measures of reaction on abusing by procedural rights in commercial litigation are improved for raising its effectiveness. Sphere of the use: the subjects of legislative initiative, the subjects of enforcement activities, economic courts; higher educational institutions.