On the Execution of Judgments and Application of the Case-Law of the European Court of Human Rights

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In its resolution of March 13, 2019 in case No. 199/6713/14 (proceedings No. 14-92цс19), the Grand Chamber of the Supreme Court noted that the use by some participants in the trial and their representatives of obscene language, offensive and abusive words or symbols in documents submitted to the court and in communication with the court (judges), with other participants in the trial and their representatives, as well as the commission of similar actions, is a manifestation of obvious disrespect for the honor and dignity of special database the said persons on the part of those who commit such actions. These actions contradict the basic principles (principles) of civil proceedings (paragraphs 2 and 11 of part three of Article 2 of the Code of Civil Procedure of Ukraine), as well as its task, which prevails over any other considerations in the trial (parts one and two of the said article). In view of this, the court may recognize such actions as an abuse of procedural rights and apply, in particular, the consequences provided for in Part Three of Article 44 of the Code of Civil Procedure of Ukraine.

The European Court of Human Rights (hereinafter referred to as the ECHR), whose case-law is binding on courts under Article 17 of the Law of Ukraine “”, applying Article 35, paragraph 3, subparagraph “a” of the Convention for the Protection of Human Rights and Fundamental Freedoms, shall declare inadmissible any individual application submitted under Article 34 if it considers that the application constitutes an abuse of the right to submit it. For example, the ECtHR finds an abuse of the right to submit an application when the applicant, while communicating with the ECtHR, uses insulting, threatening or provocative statements against the respondent government, its representative, the authorities of the respondent state, the ECtHR, its judges, the ECtHR Secretariat or its staff (decisions on admissibility in the cases of Rehak v. the Czech Republic of 14 May 2004 (Application No. 67208/01), Duringer and Grunge v. France of 4 February 2003 (Applications Nos. 61164/00 and 18589/02)).

The court is obliged to take measures to prevent abuse of procedural rights. In the event of abuse of procedural rights by a participant in the trial, the court shall apply to him the measures specified in this Code (Part Four of Article 44 of the CPC of Ukraine).