Defense of the Defendant in Civil Proceedings: Issues Regarding the Application of the Counterclaim Mechanism Institution

The article is devoted to the study of the problems related to legal regulation and practical implementation of the counterclaim institution in Russian civil proceedings. The author examines existing discrepancies between formally established legal norms that provide defendants with the opportunity to file a counterclaim and actual conditions under which this norm is implemented in practice. Special attention is given to key issues associated with determining deadlines for filing counterclaims, establishing criteria for their acceptance by judicial bodies, as well as negative phenomena arising from improper use of this procedural right by certain participants in litigation processes. Modern trends in court practice are analyzed, characterized by insufficient consideration of these factors, making it difficult to effectively utilize the counterclaim as an effective means of protecting the defendant’s interests. Based on the analysis results, specific amendments and additions to current legislation are proposed aimed at overcoming existing legal uncertainty and achieving optimal balance of interests among parties involved in civil proceedings.