On the issue of abuse of law as a problem in criminal procedure science

The article discusses the problem of abuse of law in the criminal procedure branch of national legislation. Based on the analysis of the literature review, it is shown that the problem under consideration is currently of interest not only among researchers-scientists in this field of legal Sciences, but also among law enforcement officers. In addition, this issue has long been discussed in foreign studies. The article considers the conditions and signs of abuse of law in criminal proceedings. Materials and methods: the legal basis of the research is formed by the Constitution of the Russian Federation, criminal procedure legislation, regulations governing and relating to such a specific legal phenomenon as abuse of the right, as well as studies previously conducted by experts in the field of criminal procedure. The methodological basis of our study was the universal method of dialectical scientific knowledge, which was universal in nature, as well as the methods of logical deduction, induction, the method of comparison, analysis, generalization and description. The results of the study: allowed us to clarify and generalize certain provisions concerning the understanding of the definition of "abuse of law", its characteristics and possible procedural ways to overcome this specific legal phenomenon in criminal procedure science. Findings and conclusions: the analyzed materials, due to the unanimous opinion of scientists regarding the introduction of a provision on the inadmissibility of abuse into the criminal procedure law, make it possible to predict the effectiveness of the legal and organizational measures proposed in modern works on creating a procedural mechanism for assessing the behavior of a participant in criminal proceedings aimed at preventing the abuse of right in the criminal process.