December 6, 2021
Problems of Applying the Civil Law Standard of Abuse of Rights to Arbitrazh (Commercial) Procedural Relations // "Zakon" Legal Journal, No. 11, November 2021

The article addresses the matter whether it is justified to apply Article 10 of the Russian Civil Code to arbitrazh (commercial) procedural relations. The authors opine that such practice of arbitrazh courts is inadmissible. Firstly, it does not comply with the system of the current legal regulation. Secondly, it is at odds with the nature of adversarial litigation. The application of sanctions set out in Article 10 of the Russian Civil Code causes significant harm to rights and legitimate interests of a litigator because such sanctions are more severe than those set out in the Arbitrazh Procedure Code and they are disproportionate to the consequences of the abuse of procedural rights.