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RESOLUTION OF AMBIGUITY AND ABUSE OF PROCEDURAL RIGHTS IN CORPORATE MATTERS IN THE CONTEXT OF JUDICIAL PRACTICE OF 2019

RESOLUTION OF AMBIGUITY AND ABUSE OF PROCEDURAL RIGHTS

IN CORPORATE MATTERS IN THE CONTEXT

OF JUDICIAL PRACTICE OF 2019

N.R. SAFAEVA,

Postgraduate Student of the Department of Environmental,

Labor Law and Civil Procedure, Law Faculty,

Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2019-9-6-245-252

The author analyzes the materials of judicial practice, which are aimed at eliminating

legal uncertainties in corporate legal relations, which can serve as the basis for the abuse of

procedural rights. The protection of violated or disputed rights and legitimate interests of

persons engaged in entrepreneurial and other economic activities is the main objective of legal

proceedings in arbitration courts. In the framework of procedural relations, conscientious

behavior of participants in disputed legal relations is presumed, which consistently implement

the mechanism of protection of rights, which is based on the material interest of the interested

person. The higher courts systematically eliminate the revealed cases of legal uncertainty,

reveal the facts of abuse of procedural rights, which undoubtedly helps the judicial authorities

to stop such facts in the future. An analysis of the positions of the higher courts confirms

the effectiveness of continuous judicial monitoring in terms of identifying legal uncertainty

and abuse of procedural rights in corporate legal relations.

Keywords: arbitration practice; abuse of procedural rights; good faith; legal uncertainty;

Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation.

Information about the author

N.R. Safaeva (Kazan, Russia) – Postgraduate Student of the Department of Environmental,

Labor Law and Civil Procedure, Law Faculty, Kazan (Volga Region) Federal

University (18 Kremlevskaia St., Kazan, 420008, Russia; e-mail: [email protected]).

Recommended citation

Safaeva N.R. Ustranenie pravovoi neopredelennosti i zloupotrebleniia protsessual’nymi

pravami v korporativnykh pravootnosheniiakh v kontekste sudebnoi praktiki za 2019 god

[Resolution of Ambiguity and Abuse of Procedural Rights in Corporate Matters in the

Context of Judicial Practice of 2019]. Vestnik grazhdanskogo protsessa – Herald of Civil

Procedure, 2019, vol. 9, no. 6, pp. 245–252. (In Russ.) https://doi.org/10.24031/2226-

0781-2019-9-6-245-252

N.R. SAFAEVA