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Title |
Legal Category of Abuse of Right in International Legal Instruments
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Authors |
Darovskikh Olga Igorevna,
Cand. Sc. Law, Associate professor of the Department of Criminal Proceedings
and Criminal Science of South Ural State University. Office 302, Bld. 149,
Kommuny Str., Chelyabinsk, 454090.
E-mail:darovskikhoi@gmail.com |
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Section |
Civil and Criminal Procedure |
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Issue |
2/2015 |
Page |
140—142
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index UDC |
341.231.14 + 34.03 + 343.13
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index LBC |
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Abstract |
The article considers the essence of
the notion ‘abuse’. The author gives examples of consolidation of such a
notion as ‘abuse of right’ in international legal acts, namely in the Universal
Declaration of Human Rights as of December 10, 1948, European Convention of
Human Rights as of November 4, 1950, and others. The author also gives
examples from the practice of the European Court of Human Rights which are
relevant to the implementation of provisions connected with the notion of
inadmissibility of abuse of right, as well as gives the analysis of norms of the
Constitution of the Russian Federation which are
relevant to the inadmissibility of
the abuse of right by the members of criminal proceedings. |
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Keywords |
abuse of right, Convention of Human Rights,
Constitution of the Russian Federation, criminal
proceedings, legal category. |
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