Development of scientific concepts on abuse of law in national jurisprudence
The article defines the abuse of law as one of the most important problems of modern legal science, as well as a complex and controversial legal category, the relevance of which is directly related to the level of development of democracy, stability in the state and society, traditions of law-abidin...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2023-12-01
|
| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/697 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832544340828749824 |
|---|---|
| author | K. M. Hurtova |
| author_facet | K. M. Hurtova |
| author_sort | K. M. Hurtova |
| collection | DOAJ |
| description | The article defines the abuse of law as one of the most important problems of modern legal science, as well as a complex and controversial legal category, the relevance of which is directly related to the level of development of democracy, stability in the state and society, traditions of law-abiding and strict observance of human and citizen rights, research which have both theoretical and applied interest for the development of domestic legal science.
The main approaches to the interpretation of the definition of “abuse of law” available in national science and historical sources are analysed, and the main features of abuse of law as the exercise of a subjective right which causes harm to another person and may contradict his/her conscience and moral standards are identified.
In a retrospective perspective, an analysis of the development of scientific ideas cientific concepts on abuse of law in national jurisprudence in the pre-Soviet and Soviet periods has been carried out. In addition, normative legal documents that determined the specifics of law enforcement of this category during the formation of domestic law have been considered. It is noted that since the end of the 19th century, the problem of abuse of law has been considered as a question of the limits of behaviour of a subject exercising a subjective right granted by law. It is concluded that since this period, legal scholars and legislators have focused on the study of the need to prohibit the abuse of law at the legislative level. The article demonstrates that the establishment of the prohibition of abuse of law through appropriation of subjective rights was inherent in Soviet civil law with the simultaneous absence of clear signs of this legal concept at the legislative level throughout the Soviet period, and also the widespread view that the use of the term “abuse of law” should be conditional and require a clear distinction between it and the implementation of law. |
| format | Article |
| id | doaj-art-620a7437f80f48b8b15fcc4269d8139e |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2023-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-620a7437f80f48b8b15fcc4269d8139e2025-02-03T10:31:41ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-12-01103431532310.32631/v.2023.4.30697Development of scientific concepts on abuse of law in national jurisprudenceK. M. Hurtova0Kharkiv National University of Internal AffairsThe article defines the abuse of law as one of the most important problems of modern legal science, as well as a complex and controversial legal category, the relevance of which is directly related to the level of development of democracy, stability in the state and society, traditions of law-abiding and strict observance of human and citizen rights, research which have both theoretical and applied interest for the development of domestic legal science. The main approaches to the interpretation of the definition of “abuse of law” available in national science and historical sources are analysed, and the main features of abuse of law as the exercise of a subjective right which causes harm to another person and may contradict his/her conscience and moral standards are identified. In a retrospective perspective, an analysis of the development of scientific ideas cientific concepts on abuse of law in national jurisprudence in the pre-Soviet and Soviet periods has been carried out. In addition, normative legal documents that determined the specifics of law enforcement of this category during the formation of domestic law have been considered. It is noted that since the end of the 19th century, the problem of abuse of law has been considered as a question of the limits of behaviour of a subject exercising a subjective right granted by law. It is concluded that since this period, legal scholars and legislators have focused on the study of the need to prohibit the abuse of law at the legislative level. The article demonstrates that the establishment of the prohibition of abuse of law through appropriation of subjective rights was inherent in Soviet civil law with the simultaneous absence of clear signs of this legal concept at the legislative level throughout the Soviet period, and also the widespread view that the use of the term “abuse of law” should be conditional and require a clear distinction between it and the implementation of law.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/697abuse of lawoffensechicanerysubjective lawjudicial discretion. |
| spellingShingle | K. M. Hurtova Development of scientific concepts on abuse of law in national jurisprudence Bulletin of Kharkiv National University of Internal Affairs abuse of law offense chicanery subjective law judicial discretion. |
| title | Development of scientific concepts on abuse of law in national jurisprudence |
| title_full | Development of scientific concepts on abuse of law in national jurisprudence |
| title_fullStr | Development of scientific concepts on abuse of law in national jurisprudence |
| title_full_unstemmed | Development of scientific concepts on abuse of law in national jurisprudence |
| title_short | Development of scientific concepts on abuse of law in national jurisprudence |
| title_sort | development of scientific concepts on abuse of law in national jurisprudence |
| topic | abuse of law offense chicanery subjective law judicial discretion. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/697 |
| work_keys_str_mv | AT kmhurtova developmentofscientificconceptsonabuseoflawinnationaljurisprudence |