PRED»YAVLENIE VSTRECHNOGO ISKA, KAK ODIN IZ SPOSOBOV ZLOUPOTREBLENIYA PROCESSUAL’NYMI PRAVAMI V CIVILISTICHESKOM PROCESSE

Abstract

The article analyzes the counterclaim as one of the means of defense of the defendant in the civil process. The article examines the concept of a counterclaim and its effectiveness as a way to protect the rights of the defendant from the original claim. The purpose of filing a counterclaim is highlighted as one of the ways of abuse of procedural rights. The article analyzes the terms of filing a counterclaim under the Agroindustrial Complex of the Russian Federation, the Civil Procedure Code of the Russian Federation, as well as the positive experience of other countries. The article analyzes the judicial practice with the late filing of a counterclaim and the filing of a counterclaim at the final stage of the trial. The article describes the consequences of the return of counterclaims filed for the purpose of delaying the consideration of the dispute. The analysis shows that there is an urgent need to legally establish a deadline for filing a counterclaim, after which the filing of a counterclaim will not be possible.