Abstract
Abuse of law is a complex legal phenomenon, quite heterogeneous and diverse in its manifestations. There is no consensus in science about its legal nature and essence, but scholars rightly say that such an act must be prevented and suppressed. The absence in the Russian Criminal Procedure Act of a prohibition of abuse of rights by participants in criminal proceedings, and hence of means to prevent and suppress such abuse, makes it very difficult to counter it, which creates the risk of prolonging the length of time in a criminal case, reducing the quality of its investigation and unduly restricting the rights and freedoms of participants in criminal proceedings. Authors offer their own vision of the legal nature of abuse of rights in criminal proceedings, cite typical examples of it, build a mechanism for overcoming abuse of rights in pre-trial criminal proceedings, naming its necessary elements and content, indicating the reasons for its creation. It is concluded that a legal basis for the establishment of such a mechanism in criminal proceedings is necessary. It is summarised that the introduction into the Code of Criminal Procedure of a prohibition against the abuse of rights parties to criminal proceedings will make it possible to counteract its manifestations by means of general and private prevention and the suppression of such an act.
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