Open AccessReflection of the principle of inadmissibility of abuse of law in the substantive and procedural law of Russia
Author(s) -
Evgenia Matveeva
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2020-1-194-199
Subject(s) - law , ambiguity , doctrine , procedural law , legal doctrine , reflection (computer programming) , political science , substantive law , computer science , programming language
The article considers the expression and place of the principle of inadmissibility of abuse of law in the legal system of Russia. It is concluded that the principle under consideration is general legal and has a universally recognized character. The author notes that the implementation of this principle in practice is difficult. This is due to the ambiguity of the content of the concept of abuse of law. The legal doctrine contains conflicting views on this problem both in the material and in the procedural aspect. To remove the revealed contradictions, the author selects the approach proposed by V.A. Tolstik, V.V. Kumaneev. Consideration of various aspects of the abuse of law through the prism of this approach, according to the author, will allow combining scientific efforts in order to develop an effective mechanism to counter various negative manifestations of abuse of law.