Abuse and Overcoming the Law at the International and Regional Level
The article is devoted to the study of the phenomenon of «abuse of rights» in terms of its negative manifestation in different legal systems. In order to clarify the legal nature and content of the abuse of law, the question of the relationship between lawful and wrongful conduct was analyzed. Based on the study of doctrinal sources on this issue, ways to overcome the abuse of rights have been identified at the international and regional levels. The monitoring of foreign and national legislation in the article led to the conclusion that abuse of law is a phenomenon that permeates all branches of law and all groups of legal relations. The implementation of knowledge and legal traditions of international and domestic regulation of this category makes it possible to develop new ways to combat abuse of law at the social and legal levels. In our opinion, the legal significance of regulations aimed at counteracting the phenomenon of abuse of rights at the regional level in domestic law is significantly underestimated. The principle of inadmissibility of abuse of rights does not have its own stable logical theoretical construction, including at the constitutional and legal level, which indicates the need to enshrine it in a separate provision of the Constitution of Ukraine. At the same time, it should be recognized that effective counteraction to abuse of rights at the legislative level should be carried out both at the level of general legal principles and at the level of special industry regulations and norms.