Using Coarse Language, Offensive Words and Expletives or Relevant Symbols by Process Participants Is an Abuse of Procedural Rights – SC GC

An individual applied to the court with a complaint, in which she used coarse language and abusively characterized a state executor, whose activity she appealed, and affirmed that she applied to court to protect her rights just because the state executor had such characteristics.

The Grand Chamber of the Supreme Court dismissed this claim, motivating this by the fact that the noted actions of the plaintiff were the demonstration of disrespectful attitude to the court and the participants of the process. Besides, the SC GC stated that the submission of such a complaint was the abuse of procedural rights by the plaintiff and the violation of obligation to be guided by tasks of civil judicial proceedings.

While adopting its resolution, the SC GC was guided, particularly, by items 2 and 11 of part 3 of Article 2 of the Civil Procedural Code of Ukraine, pursuant to which the main beginnings (principles) of civil legal proceedings are respect of honor and advantage, equality of all participants of legal procedure before the law and court and inadmissibility of abuse of procedural law.

Pursuant to item 1 of part 2 of Article 43 of the Civil Procedural Code of Ukraine the case participants shall respect the court and other participants of judicial process, and part 1 of Article 44 of this Code obliges participants of judicial process and their representatives to apply their procedural rights conscientiously. In return, the abuse of procedural rights is not permitted.

The list of actions, which are controversial to the task of civil judicial proceedings and which, depending on certain circumstances, may be recognized by the court as the abuse of procedural rights, is not exhaustive.

Coarse language, offensive words and expletives or relevant symbols, particularly, for determining personal characteristics of a case participants, other participants of judicial process, their representatives and the court (judges) may not be used neither in claims regarding the essence of case, claims on procedural issues, other procedural documents, nor in speeches of participants of judicial process and their representatives.

Using coarse language, offensive words and expletives or relevant symbols by a participant of judicial process and his/her representative in documents submitted to court or while conversation with court (judges), with other participants of the process and their representatives, as well as the commitment of similar actions is the demonstration of vivid disrespect to the honor, dignity of these individuals on behalf of those, who commit such actions. These actions are controversial to the main beginnings (principles) of civil legal proceedings (items 2 and 11 of part 3 of Article 2 of the Civil Procedural Code of Ukraine), as well as to its task prevailing over any other reasons in legal procedure (parts 1 and 2 of the noted article). Taking into account this fact, the court may recognize such actions as the abuse of procedural rights and apply, particularly, measures provided by part 3 of Article 44 of the Civil Procedural Code of Ukraine.

Follow the link http://www.reyestr.court.gov.ua/Review/80854817, to see the full text of the resolution of the Grand Chamber of the Supreme Court of 13 March 2019 in the case No. 199/6713/14-ц (proceedings No. 14-92цс19).