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Institute of Compensation for the Actual Loss of Time: Some Problematic Issues of Law Enforcement
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Institute of Compensation for the Actual Loss of Time: Some Problematic Issues of Law Enforcement
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.127
Publication type
Article
Status
Published
Authors
Denis Zaikov 
ORCID: 0000-0002-2474-6769
Occupation: Associate Professor at the Department of Theory of Law, Civil Law and Civil Procedure, Law Institute
Affiliation: Russian University of Transport
Address: Moscow, Russia
Edition
Volume 27 No. 11
Pages
50-61
Abstract

Procedural abuses, which are the abuse of procedural rights and non-fulfillment of procedural duties, are among the most common and urgent problems of civil procedural law, which have a significant negative impact on the effectiveness of justice, limiting the possibility of exercising the right to judicial protection, countering the correct and timely consideration of cases, forming a disdainful attitude to the law and the court. The main mechanism for countering procedural abuses in civil proceedings, which has a wide scope of application, is the institution of compensation for the actual loss of time.

The purpose and objectives of the study: to analyze the specifics of the legal regulation of the institute of compensation for the actual loss of time in historical retrospect and its current state; to check the validity of the legislator’s approach to attributing compensation for the actual loss of time to court costs; to identify problems of law enforcement and features of judicial practice that have a direct impact on the use and effectiveness of the legal institution in question, its practical applicability.

Research methods: general scientific (analysis, synthesis, induction, deduction, abstraction, generalization) and private scientific (comparative legal, historical legal, formal legal, structural and functional).

Conclusions: the institute of compensation for the actual loss of time, which has a long history of its development, despite the relevance and increasing need for the function it performs, remains the only universal mechanism for countering procedural abuses in civil proceedings. However, its gap-like and fragmentary legal regulation, ambiguous interpretation, and diversely developing judicial practice have turned the institution of compensation for the actual loss of time, which has a significant potential for its use, into a rarely used and ineffective legal institution.

Keywords
compensation for actual loss of time, procedural abuses, unjustified claim, court costs, plaintiff, defendant
Date of publication
10.11.2023
Number of purchasers
10
Views
136
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0.0 (0 votes)
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Additional sources and materials

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