Abuse of law: general theoretical aspects

Abstract

The scientific article is devoted to the coverage of one of the most relevant topics in the theory of law – the phenomenon of abuse of law, the study of which is aimed at deepening the general theoretical understanding of this phenomenon. The concept of « abuse of law » means application, use of this legal instrument contrary to the purpose for which it was created, contrary to its direct purpose. It is worth noting that when the law is abused, the principle of good faith is violated, a disdainful, selfish-instrumental, consumerist attitude towards legal norms and relevant regulatory prescriptions is observed. In such a situation, the legal norm is perceived as a means to satisfy exclusively one's own interests (needs) at the expense of the legitimate interests (needs) of other subjects. The concept of abuse of law is considered, alternative definitions of abuse of law by modern scientists are given. It was established that the abuse of the right is the implementation by the subjects of legal relations of their right contrary to the content of the law and its social purpose, as a result of which the subject causes or tries to cause harm to other participants of social relations, acting both within the framework of formal, legal behavior and outside it, which is against the law. This nature of the phenomenon of abuse of law demonstrates its dual nature and causes certain difficulties in the process of qualifying this legal phenomenon. That is why public authorities must respond in time and prevent possible manifestations of abuse of the law, since the spread of such practices harms the rights, freedoms and interests of other participants in social relations and contradicts the principle of the rule of law. The need to identify signs and develop a classification of types of abuse of rights, which will have important theoretical and practical significance, is emphasized.