The phenomenon of “abuse of right” in the context of the problems of finding the methodological foundations of modern legal science

Abstract

The purpose of this work is to identify new aspects of the identification of signs of “abuse of right” and to strengthen the ideas about this phenomenon as an independent one, which has not only a negative meaning, but also allows to detect new (non-traditional) directions of effective improvement of the legal space of the country, associated with a certain adjustment of views on the regulatory properties (possibilities) of the legal form of law. The authors provided a comprehensive use of various scientific methods, among which the comparative legal method, formal-logical, dialectical, allowed to obtain new knowledge about the object of research. In the course of the work a non-standard methodological approach to the study of the phenomenon of “abuse of right” was tested, which allowed to identify and present new content elements (characteristics) of this phenomenon. This broadened and deepened the concept, taking a step toward a convincing argument for its independent (broad) meaning. The novelty of the work is due to the contribution to the theory of law, which creates prerequisites for the further conceptual study of the phenomenon of “abuse of right”.