The dual nature of the abuse of law as a legal institution
Автор: Smirnova Evgeniya A., Budnik Yulia I.
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 10, 2021 года.
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The purpose of the article is to characterize the dual nature of the abuse of law. The relevance of the research is due to the fact that in legal science and practice there is no single approach to the definition of this concept, different branches of law interpret it in their own way. The authors of the article consider this concept in the framework of civil, criminal, labor, family, and migration law. Based on the results obtained, it is concluded that the concepts of abuse of law and offense are not equivalent, the abuse of law cannot be fully attributed to a delict. The abuse of law is of a dual nature: it is necessary to distinguish when the abuse of law is an offense, and when it is a lawful activity that complies with the letter of the law, but causes social harm.
Abuse of law, offense, lawful activity, social harm, civil law, criminal law, labor law, family law, migration law
Короткий адрес: https://sciup.org/149137174
IDR: 149137174 | DOI: 10.24158/pep.2021.10.6