Ponomarev V.G. Abuse of Subjective Right as а Legal Construct in Criminal Law
DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.8
Vyacheslav G. Ponomarev, Senior Lecturer, Department of Criminal Law and Procedure, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5929-5478
Introduction: the paper investigates the phenomenon of abuse of subjective right by examining it through the prism of a legal construct. The purpose and objectives of the study are to analyze abusive exercise of rights for the possibility of recognizing it as a legal construct, as well as to formulate characteristic features that collectively define a model of criminally unlawful exercise of a subjective right by an entitled person. The research methods include the general scientific methods traditional for humanities, such as analysis, synthesis, and the systemic approach, as well as the formal legal method and the method of legal interpretation. Results: the formation of abuse of subjective right as a general legal construct with significant potential for its legal development, both in doctrinal and practical dimensions, is substantiated. Furthermore, a model of such an abuse of a subjective right, the counteraction to which requires the application of criminal repression measures, is constructed. Conclusions: the insufficient scientific elaboration of the legal construct of abuse of right and its superficial reflection in the current legislation, hindering effective counteraction to this offense, necessitate the development of the appropriate construct both as a general (generic) concept of abuse of subjective right and a specific model of criminal forms of abuse of subjective right.
Key words: legislative technique, abuse of right, unfair exercise of rights, offense, limits of exercising a subjective right, crime, realization of a subjective right, legal construct.
Citation. Ponomarev V.G. Abuse of Subjective Right as а Legal Construct in Criminal Law. Legal Concept = Pravovaya paradigma, 2026, vol. 25, no. 1, pp. 61-71. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.8
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