Abuse of Right to the Judicial Protection: Comparative Approach and Practical Application

Student: Ochirova Saglar

Educational Programme: Corporate Lawyer (Master)

Year of Graduation: 2018

The main issue of the problem of abuse of the right to judicial protection is the potential danger of this institution as capable of restricting access to justice as a result of its application and depriving persons and legal entities of their right to judicial protection. As a result, it is crucial to find a balance between ensuring access to justice and preventing vexatious litigation. In this study, the author, on the basis of international experience, proposed a mechanism of struggle and criteria for separating the fair use of the right to judicial protection from abuse, which would solve the forementioned main problem of the problem of abuse of the right to judicial protection

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