Early dismissal of a claim as a mechanism for countering SLAPP lawsuits

Abstract

The relevance of this study stems from the need to adapt Ukrainian civil procedural legislation to the requirements of Directive (EU) 2024/1069 on protecting persons who engage in public partici­pation from manifestly unfounded claims or abusive court proceedings (Anti-SLAPP Directive). Of parti­cular importance is the mechanism of early dismissal of manifestly unfounded claims provided for by the Directive, which has no direct equivalent in Ukrainian civil procedural law. The study is based on the hypothesis that the existing procedural mechanisms in Ukraine do not fully meet the requirements of Article 11 of Directive (EU) 2024/1069 and that its proper implementation requires the introduction of a special procedure for the early dismissal of SLAPP claims, accompanied by a reconsi­deration of the general mechanisms for counter­acting abuse of the right to bring a claim. To test this hypothesis, the study employs formal legal, comparative legal and systemic methods, as well as the method of legal modelling. It analyses the Directiveʼs requirements concerning the early dismissal of claims, the models for their imple­mentation in Belgium, France and Poland, as well as the relevant institutions of Ukrainian civil procedural law and the case law of the Supreme Court. The study finds that the optimal approach for Ukraine would be to introduce a special procedure applicable from the preparatory stage of pro­ceedings upon the defendantʼs application, placing the burden of proving the merits of the claim on the claimant and ensuring the partiesʼ right to be heard by the court. It argues that where a SLAPP claim is found to be manifestly unfounded, the proceedings should be terminated, subject to a right of appeal. The study concludes that the implementation of Directive (EU) 2024/1069 should be regarded as part of a broader reform of procedural mechanisms aimed at counteracting abuse of the right to bring a claim.