Abstract

The article analyses the concept and signs of abuse of law in criminal proceedings. Among such signs the author names: the presence of a person with a specific subjective right; the implementation of law in contradiction with its purpose, or the purpose of criminal proceedings in general; inconsistency of a person’s behaviour with the criteria of good faith and reasonableness; causing harm to the interests of other participants in criminal proceedings, society and the state. Analysing the signs of abuse of right, the article indicates some types of abuse of right by private individuals or government entities, and makes a distinction between abuse of subjective right and abuse of discretionary powers. In conclusion, the author proposes to provide a legislative mechanism for overcoming abusive behaviour in criminal proceedings in the form of applying specific response measures to individuals and officials.

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