Annotation

Legal literature indicates that contemporary law has reached such a level of development that it is possible to speak of the establishment of the rule of law and the supremacy of law everywhere. Unfortunately, this is not the case for the issue under discussion, as the institution of abuse of subjective rights and their prohibition are not clearly defined, not only in positive law but also in doctrinal terms, where there are significant disagreements. In this sense, we believe it is premature to speak of uniform scientific approaches or normative certainty regarding the methodology of qualification issues. However, on the other hand, it is impossible not to agree with the approach in legal literature regarding the modern pace of legal development, as the recognition of the supremacy of law and the establishment of the rule of law should be the starting point for the activities of civilized states and their authorities (both law-making and law-applying). Within the framework of this work, an attempt has been made to assess the highly relevant and simultaneously doctrinally underexplored issues of the abuse of subjective rights, particularly in terms of qualification, with an emphasis also on methodological problems.

Keywords: abuse of rights, qualification of abuse of rights, violation, the object, the objective side, the subject, the subjective side.