Abuse of law in civil legal relations: theory and practice

The article is devoted to a comprehensive analysis of the institution of abuse of law in civil legal relations, which is gaining increasing importance in the conditions of dynamic development of private law. The work clarifies doctrinal approaches to defining the concept of abuse of law, examines its difference from the conscientious use of subjective law, and justifies the need for legal restrictions to prevent arbitrary actions by participants in civil transactions. Particular attention is paid to the legal signs of abuse of rights, in particular, such as the formal legality of actions combined with their aim of causing harm to the other party, avoiding the fulfillment of an obligation, or obtaining an unlawful benefit. The author analyzes the classification of forms of abuse — for example, holding accountable for the formal exercise of rights, evading obligations, delaying the dispute resolution process, etc. Based on the analysis of judicial practice, including decisions of the Supreme Court of Ukraine, key trends in the interpretation and application of norms on abuse of law are examined. Typical examples of abuse in contractual obligations, family, inheritance and corporate legal relations are given. The article also examines the role of legal culture and ethical responsibility of participants in civil legal relations in preventing abuse of law. The author emphasizes the importance of forming a legal awareness, which is based on a balance between the realization of one’s own interests and respect for the rights and legitimate interests of other persons. An appropriate level of legal culture and the implementation of educational and preventive measures at the level of legal education and professional activity can become effective tools in the fight against legal nihilism and arbitrariness in civil turnover. Conclusions are drawn regarding the need for further unification of approaches to assessing abuse of law, increasing the role of the principles of good faith, reasonableness and fairness in law enforcement. A number of proposals are made to improve national legislation and the methodology of legal analysis, which will increase the effectiveness of legal protection of parties in civil disputes. The results of the study have both scientific and practical value and can be used in law-making, law enforcement, and educational activities.