Abuse of the law

What is abuse of the law? Until now, there is no single definition of this term. We note at once that some authors do not recognize it at all, since they believe that the application of law by their nature can not be called illegal. If a person goes beyond the limits established by him, then one can not say that he is exercising it. Consequently, abuse has nothing to do with it.

There are completely different positions and opinions. There are authors who believe that abuse of law is possible and really exists. It is expressed in the illegal use of its rights by an authorized entity.

What does the current legislation on this matter say? It recognizes it. According to the legislation, abuse of law is an unacceptable act, performed in order to cause harm to any persons or social relations. In principle, this definition is correct. For example, the abuse of law in civil law can be associated with the use of laws to eliminate competition in a particular market.

Sometimes this term is understood as "the use of law for evil." In this case, again, emphasis is placed on the fact that the subject must be an authorized person. Actions that are not based on a subjective right, with the abuse of law, do not have any connection, but, of course, are illegal (if they violate existing norms).

Abuse of the law is associated with selfish motives. A person deliberately tries to cause harm. In the law, in order to prevent abuse of rights, certain limits are set for the realization of freedoms. As an example, one can mention here that during the election campaign one candidate can criticize another, but at the same time he is simply obliged to observe certain norms of morality, to base his criticism, not to incite national, religious hatred, not to infringe on anyone's rights.

The limits of the realization of freedoms and rights are related to the forms of their implementation. The fact that compensation for damage can only be claimed through a court, competition can only be conscientious and so on.

In the legal literature one can find a position connected with the fact that abuse of law is a form of violation of the principles of the exercise of subjective rights. The fact is that the legislation has enough gaps. They are not eliminated quickly enough, but on the site of those immediately there are new ones. Everything is built on certain principles. They are the basis of all legislation. Acting in an area that is not yet regulated by certain norms, it is necessary to be guided by them. Closing the eyes on them is abuse of the law.

Also there are people who consider this abuse existing somewhere outside the usual law. It is similar in appearance to the exercise of law, but it is not. In this case, we can conclude that the term "abuse of law" is completely meaningless, since it combines incongruous.

There are different forms of abuse. As a rule, they are divided into two groups. In the first group, abuse of right is accomplished by a certain action. It is used to harm public relations or third parties. The second group includes that abuse, which is also related to the action, but in this case the intention of causing harm is absent, but it is still being inflicted.

Abuse of the law is punishable by law. Sanctions that can be applied to violators of established limits are different. In general, we note that they are not specific, but are related to certain cases in which there was a violation of law.