ABUSE OF AUTHORITY AS A SPECIFIC FORM OF ABUSE OF RIGHT

  • Natalya Alekseevna Bobrova Togliatti State University
  • Vladimir Vladimirovich Peristy Togliatti State University
Keywords: official, abuse of right, abuse of authority, civil law, administrative law, offense, misbehavior

Abstract

The paper deals with the abuse of rights. This category is one of the most debatable and disputable in the theory of law and interdisciplinary juridical sciences. The paper aims to analyze the phenomenon of abuse of authority by an official, which does not develop into penal offense, administrative, or disciplinary offense, as a specific form of abuse of right. The authors consider both the familiar forms, methods, and means of abuse of subjective right and the new one – the indifferent abuse affecting both private and public relations. The paper gives the comparative analysis of the notion of abuse of right and special aspects of abuse of authority (discretionary power) by an official, which does not develop into penal offense, administrative, or disciplinary offense. The authors establish causal relations between various social and legal institutions, phenomena, and events; propose ways to optimize individual provisions of the legislation of different branches to prevent the abuse of authority. The authors propose as well to divide the notion of abuse of right into two independent parts; analyze their interrelation and differences from each other. The paper lists the forms, methods, and means of abuse behavior of the participants of civil and other legal relationships; gives examples of jurisprudence, which have never been a subject of scientific analysis. The authors prove the conclusion that the abuse of right in the form of abuse of authority is the misbehavior of a holder of right when performing power. This conclusion is based on the study of the practice of application of corresponding legal rules and current scientific studies in the sphere of civil and administrative law.

Author Biographies

Natalya Alekseevna Bobrova , Togliatti State University

Doctor of Sciences (Law), Professor, professor of Chair of Constitutional and Administrative Law, Honored Lawyer of the RF.

Vladimir Vladimirovich Peristy , Togliatti State University

graduate student of the Institute of Law.

Published
2020-06-29
Section
Legal Sciences