Types of abuse of law: theoretical and legal aspect
| Autor: | Tatiana Khokhlova |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
Abuse of rights
media_common.quotation_subject Subject (philosophy) Legislation General Medicine legal behavior abuse of law humanities Legal science types of abuse of law Law Political science Phenomenon limits of the exercise of law Institution Legal practice health care economics and organizations Legislator media_common |
| Zdroj: | ScienceRise: Juridical Science. :23-28 |
| ISSN: | 2523-4153 2523-4145 |
| DOI: | 10.15587/2523-4153.2020.216734 |
| Popis: | The presented article examines the forms of abuse of rights. In legal science and legislation of Ukraine, the category of “abuse of rights” is legally vague and there is no agreed approach to defining the criteria for abuse of rights. The legislator often uses the institution of “abuse” as part of various legal structures, but does not legally establish the content of the general (generalized) concept of “abuse of rights”. This creates problems both for legal practice, legal proceedings, and in the case of the exercise of rights by their owners and owners. Abuse of law means the formally lawful behavior of the subject of legal relations, which leads to a violation of the rights and legitimates interests of others, incompatible with the fundamental principles of legal regulation. However, the content of the term "abuse of right" (rights) is in the prescriptions; covers individual, sometimes different types of acts. Procedural legislation defines in more detail the content of "abuse of procedural rights", but does not provide an exhaustive list of such acts. The official position of the legislator is that any abuse of rights is unacceptable. Such legal norms are of a protective (prohibitive) nature; they do not always reveal the essence of abuse. The classification of actions on abuse of rights contains not only formal, purely theoretical significance, but, in essence, the classification allows, by identifying the most typical cases of the phenomenon under study, to establish trends in the emergence of new types and forms of abuse of rights and to determine the most effective methods and means of overcoming them. The author determined the place of abuse of subjective rights in comparison with socially significant (legal) behavior. It has been established, that abuse of the right is not a type of legally significant behavior. The author's understanding of the concept of "abuse of rights" and its types is offered |
| Databáze: | OpenAIRE |
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