Issues of Abuse of Rights in Family Law Relations

The author analyzes various cases of abuse of rights by parties in family legal relationships and proposes a classification. It is noted that the main cases of abuse of rights in family legal relationships, which lead or may lead to negative financial consequences, primarily require private law measures, while abuse of parental rights that could cause harm to a child requires special measures provided for by family, administrative, and, in some cases, criminal law. The author concludes that, in order to develop uniform and sustainable law enforcement practices, it is necessary to establish in the RF Family Code the definitions of “abuse of rights” and “abuse of parental rights” as distinct legal terms. For the general concept of abuse of rights, reference may be made to the norms of civil law and the approaches adopted therein, while to define the concept of abuse of parental rights, it is necessary to identify and legislatively establish the characteristics that allow the courts to determine the presence or absence of such abuses and take measures to prevent them, taking into account the specifics of each specific case.