Abuse of law and power in justification of judicial decisions (case studies in banking)

Abstract

The article is devoted to the problems of abuse of law and power that have a negative impact on the Russian legal system, undermine governmental authority and create obstacles for the realization by citizens and legal persons of their rights. The aim of this article is to research the defi nitions of abuse of law and power, to study the factors of their emergence and sustainable development in modern society, as well as elaboration of modern and effective legal mechanisms to counteract these negative phenomena in different fields of legal regulation, including the banking sector. In this study the author reveals the rules of law, which produce opportunities for public authorities to abuse their powers, and provides solutions to these problems. It is concluded that the legal basis of counteractibg abuse of law and power is not fully regulated by Russian legislation, there are no clear criteria for courts to deal with such negative phenomena as an abuse of law and power. The adoption of amendments to the Federal laws has been proposed in the following article. Refs 1.