Бумажный Электронный 100 руб.

Author: Sergey S. Shestalo
THE PRACTICE OF CHARGING LEGAL COSTS TO PERSONS ABUSING THEIR PROCEDURAL RIGHTS

ABSTRACT
The article focuses on the issue of attributing court costs to a person participating in the case and abusing his/her procedural rights as well as on the relevant jurisprudence repeatedly supported at the level of the Supreme Court of the Russian Federation. This study discloses procedural features of the application by arbitration courts of the discretionary power established by Art. 111 of the Arbitration Procedure Code of the Russian Federation on the basis of the__ existing situations that take place during proceedings in the court of first instance. The author highlights and analyses the actions of participants in the arbitration proceedings, leading to a disruption of a court session, to a deliberate delay in considering the case, or to a hindrance to the adoption of a lawful and justified court ruling. There are illustrated examples of procedural behaviour that unambiguously testifies to the infringement of the rights of the other party as well as the experience of regional arbitration courts in the distribution of legal costs according to the rules of Part 2 of Article 111 of the Arbitration Procedure Code of the Russian Federation.

Ключевые слова: арбитражный процесс, судебные расходы, ст. 111 АПК РФ, злоупотребление правом, затягивание рассмотрения дела, процессуальные обязанности.
Keywords: arbitration proceedings, court expenses, Article 111 of the Arbitration Procedure Code of the Russian Federation, misuse of right, protraction of trial, procedural obligations.
Проблемы правоприменения