Oleg Malinevskiy again spoke in support of LHS

EQUITY Partner Oleg Malinevskiy took part in the LHS Discussion Hub "Abuse of Procedural Rights".

The participants of the discussion considered and found answers to the question of whether the norms of the Civil Procedural Code (CPC) of Ukraine aimed at counteracting the abuse of procedural rights proved to be effective? How to counteract the abuse of the right to apply to the court and the procrastination in the procedural terms? May procedural sabotage be legitimate and what measures of procedural coercion and liability for procedural abuse may be taken? The participants of the expert discussion concurred that the way to conscientious use of procedural rights lies in the mutual respect of the participants of litigation to each other.

"Today we live in the time of procedural sabotage," the partner noted, saying that the legal definition of the concept of abuse of procedural rights is so broad and evaluative that virtually any lawsuit, any action can be treated as knowingly unreasonable" . At the same time, he admits that it is a frequent practice that the court itself abuses its powers, in particular discretionary powers.

The video of LHS Discussion Hub is here:

Also, Oleg Malinevskiy spoke within the Civil Justice block on the topic Proceduarl Phantoms: the possibility of reviewing court decisions upon the initiative of non-participants in the process.

The partner analyzed the role of phantoms in the appellate procedure, the appeal by the "phantom" to the appellate instance decision  reversing the judgement  of the court of first instance, and made a new decision, as well as determined the scope of their rights.

Oleg's presentation can be found here. The video of his speech is here:

Our thanks to Legal High School for the possibility to contribute to the cause of development of the bar in the country, as well as to all participants for their being active and  their unrestrained strive to study.