Buromenska N. The concept and legal nature of the principle of prohibition of abuse of rights

The thesis is a complex scientific research of the principle of prohibition of abuse of law as a specific type of legally significant behavior. On the basis of the conducted research the basic tendencies are revealed and a number of offers concerning counteraction to abuse of the right through fixing of the principle of prohibition of abuse of the right as bases of formation of legal counteraction to abuse of the right is formulated. Based on the results of the dissertation research, the author's provisions are formulated, which are submitted for defense and contain elements of scientific novelty. In particular, the position on abuse of rights as an illegal act is substantiated, as the rule of law is implemented contrary to its purpose and in order to achieve an illegal result, which is usually accompanied by harm to the rights and interests of another person or society. In this context, the abuse of a person's rights consists in the selfish, unfair use of the law without observance of the principles of law, in particular the principle of good faith, reasonableness, rule of law, prohibition of abuse of rights. The paper proves that the abuse of law as a legally significant behavior of a person endowed with subjective rights is facilitated by the imperfection of legislation, low legal culture and the dominance of the rule of law over the rule of law. Emphasis is placed on the systemic nature of the harmful consequences of abuse of law, which harm the role of law as a social regulator in general. The opinion is expressed that the main way to prevent abuse of law is strict adherence to the principles of law as the basis of any lawmaking, law enforcement and the rule of law. The dissertation establishes the main features of the principle of prohibition of abuse of rights and formulates its definition It is determined that the constitutional principles of the principle of prohibition of abuse of rights are a set of constitutional and legal provisions aimed at introducing prohibitions (restrictions) on the possibility of abuse in the process of exercising constitutional rights and freedoms. The main features of the constitutional principles of the principle of prohibition of abuse of rights are determined. It is concluded that the most important way to combat abuse of law is enshrined in the Constitution of Ukraine and acts of sectoral legislation, as well as compliance with the general principle of prohibition of abuse of rights by legal entities, so in each case the actions of individuals should be assessed. regulation, as well as the situation, consequences, real intentions and attitudes of the person to their actions, which have signs of abuse of rights. The Thesis analyzes the practice of the European Court of Human Rights and the European Court of Justice on abuse of rights and identifies the place and significance of such practice for the development of Ukrainian legislation. A number of amendments to the acts of national legislation have been proposed in order to protect against abuse of rights, to prevent negative consequences from the implementation of actions aimed at abuse of rights.