Drobotov I. Abuse of procedural rights: an administrative-legal aspect

The purpose of the study is to provide theoretical and legal characteristics of the institution of abuse of procedural rights in administrative proceedings, defining the limits of the right to judicial protection, access to court and abuse of procedural rights based on analysis of current legislation, case law, foreign experience and scientific intelligence. mechanisms to prevent and stop the abuse of procedural rights in administrative proceedings, as well as to identify shortcomings in the regulatory framework for the qualification of certain actions by the court as abuse of procedural rights and the development of proposals for its improvement. The state of scientific elaboration of the problem of abuse of procedural rights in administrative proceedings is characterized, its undeveloped aspects are determined. The subject-subject limits of lawful use and realization of the procedural right provided to the participants of the court proceedings and their representatives and abuse of the latter have been determined. The methodological features of cognition of the phenomenon of abuse of procedural rights in the administrative process are established. The peculiarities of actions which, taking into account the specific circumstances of the case, may be recognized by the court as an abuse of procedural rights, conditions, procedure and legal consequences of such recognition in administrative proceedings are described. The essence of the measures applied by the court in case of establishing the fact of abuse of procedural rights by a participant in the trial is revealed. The types of abuse of procedural rights in civil, economic and administrative proceedings of Ukraine are characterized, to determine their common and different features with actions that in administrative proceedings can be recognized by the court as abuse of procedural rights, to find out the reasons for such commonality and differences. Foreign experience in establishing the limits of realization of subjective procedural rights, development of prevention mechanisms, as well as methods and tools to combat abuse of procedural rights in administrative proceedings, to determine the prospects for its application in Ukraine. Specific proposals and practical recommendations have been developed to improve the list of actions defined by the administrative procedural legislation, which can be interpreted by the court as abuse of procedural rights and court actions in case of such abuses.