Genesis and Legal Essence of the Institution of Abuse of Law

The presented article reveals the theoretical aspects, as well as analyzes the historical development of the institution of abuse of law. The author analyzes various approaches to understanding the legal nature of abuse of law. An attempt is made to identify the main signs of abuse of law. The paper offers possible solutions to controversial issues. Special attention is paid to the scientific understanding of circumvention of the law as a special form of abuse of law. The subject of the study of this work is the norms of civil law, fixing the category of abuse of law, as well as a set of problems related to the definition of the concept, features, forms, types, legal consequences of abuse of civil rights. The purpose of the work is a theoretical analysis of the history of origin, essence, characteristic features and features of the phenomenon of abuse of civil law. In the course of the research, private scientific methods adopted in legal science were used: formal-legal, historical-legal, comparative-legal methods of cognition. As a result of the study, the authors conclude that the abuse of law should be considered as a complex legal phenomenon, namely a special civil consequence (a systemic protective measure). The essence of the civil nature of the category of abuse of law is not in the legal assessment of the behavior of the subject, but in achieving the goals of law, its social significance. Unfair exercise of subjective civil rights is a type of illegal behavior that violates the principles and purposes of law.