The concept and signs of abuse of law in law enforcement practice

The article deals with the issues of the concept and signs of abuse of the right of ownership. The article analyzes the legal positions of the courts of the Russian Federation regarding the interpretation of the concept of "abuse of right". A more detailed study of the signs that make it possible to establish the abuse of alcohol in a person's behavior was conducted. The author identifies key features, such as belonging to a person of a subjective right, implementation in the form of an action (omission), violation of the limits of the exercise of the right, illegal goals and means are used, as a result, the rights and legitimate interests of other persons are violated or conditions are created for this, the form of guilt is both intentional and careless. The result of the study is to identify different positions of the courts regarding the concept of "abuse of right" and such a sign as the form of guilt, which prevents the formation of a unified judicial practice.