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Abuse of law as a prerequisite for the criminalization of a socially dangerous act
Author(s) -
О. S. Guzeeva
Publication year - 2021
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-622020217extra-c1033p.451-458
Subject(s) - criminalization , law , consistency (knowledge bases) , criminal law , context (archaeology) , liability , political science , criminology , sociology , computer science , paleontology , artificial intelligence , biology
Within components of a crime, the abuse of law can be presented as a method or content of illegal behavior. The assessment of these circumstances in law lacks consistency, which necessitates their analysis in the context of general rules of criminalization. To optimize criminal and legal means of preventing the abuse of law, it is necessary: 1) to oppose general rules on the abuse of law in communication between private entities to general rules on responsibility for the abuse of law in interaction with state institutions; 2) to limit general rules on liability for the abuse of law to the violation of the established procedure for realizing subjective rights inherent in a person; 3) to assess such violations according to the rules applicable to the totality of the crimes committed if the consequences of the abuse of law exceed the danger of the abuse itself.

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