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Gordeychik S.A. Some Ways of Penal Abuse of the Right

Sergey Alekseevich Gordeychik
Candidate of Juridical Sciences,
Judge of the Volgograd Regional Court
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Prosp. Lenina, 8, 400131 Volgograd, Russian Federation


Abstract. The article deals with some ways of commission of such socially dangerous act as the abuse of rights. The author points out and analyzes such ways as the use of uncertainty of certain legal regulations, the violation of target rights and duties, the use of shortcomings of the objective right (gaps, collisions, contradictions, etc.), the use of assessment features, the possibilities of assessment, interpretation, the use of abusive schemes, departmental and local rule-making.
The article provides recommendations on the improvement of the current legislation for the purpose of more effective fight against the abuses committed in the analyzed ways.
The author agrees with the earlier stated suggestion on the exclusion of information on lucrative or other personal interests from part 1 of article 285 of the Criminal Code of the Russian Federation, and also suggests to supplement the article 285 with the link to commission of crime for extraction of benefits and advantages to themselves and other persons or harming other persons.

Key words: uncertainty in the right, ways of right abuse, violation of target rights and duties, abusive schemes, departmental and local rule-making.

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