Correlation of the abuse of right and criminal procedural offenses

The research focuses on the comparison of the concept 'abuse of right' and criminal procedure offense. The author has compared the category of abuse of right with the concept of a criminal procedure offense in terms of the subject and subjective side, object and objective side and concluded that, in its essence, abuse of right can be considered as a special type of offense. The main methods employed in this research are comparison, logical methods of induction and deduction. The research has been conducted on the basis of definitions and resolutions of the Supreme Court of the Russian Federation on criminal cases. The author also used such specific methods as technical-legal, which allowed comparing the abuse of right in a criminal trial with an offense, and comparative-legal, by means of which the main elements of the analysed structures have been compared. The author assumes that the abuse of right in its essence can be considered as a special kind of an offense due to the similarity of the main features of the categories under analysis, such as the objective side where there is a failure to comply with the requirements of a certain norm, and in case of abuse of right, a violation of the general prescription stemming from the interpretation of the principles of the criminal process.

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