ISSUES OF IMPROVING THE PRINCIPLES OF CIVIL PROCEEDINGS

Abstract

This article provides a scientific and theoretical analysis of the principles of civil proceedings and issues of their improvement. It analyzes the views of legal scholars on the concept of the principle of legality in civil proceedings and its significance and develops a scientific definition of the concept of this principle. In particular, the principle of free law, which initiates and drives the civil process, as well as the principle of adversarial proceedings of the parties and their role in judicial practice, the opinions of legal scholars in this regard are scientifically and theoretically analyzed, and the civil procedural legislation of foreign countries is comparatively studied, scientific and theoretical conclusions and proposals are given. In the article, the author pays special attention to the issue of non-abuse of procedural rights and identifies its specific features. In addition, the manifestations of abuse of procedural rights were analyzed, scientific and theoretical concepts in this regard were studied, and a scientific definition of this concept was developed. At the same time, the principles of civil proceedings in the constitutions of foreign countries, including Japan, Greece, Bulgaria, Germany, as well as the civil procedural legislation of Russia, Estonia, Armenia, Ukraine, Belarus, Kazakhstan, and the Kyrgyz Republic, have been studied in comparison with national civil procedural legislation. Scientific and theoretical conclusions, proposals, and recommendations aimed at improving the principles of civil proceedings have been put forward.