Standard regulation of ways to counteract abuse of right in criminal trial

The subject of this study is various options to counter abuse of right in criminal proceedings. Within the framework of this publication, the following tasks have been accomplished: 1) it is established that the current legislation and the developing practice allow to effectively counteract the main forms of abuse of right; 2) the possibility of fixing a new principle in the criminal trial, the inadmissibility of abuse of right, is studied; 3) various theoretical schemes of countering the abuse of law available in the scientific literature are analyzed. The main methods used in the work are comparison, logical methods of induction and deduction. The material on the basis of which the conclusions of the study were obtained are the definitions and decisions of the Supreme Court of the Russian Federation on the criminal cases examined, as well as statistical data obtained from the official websites of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. Within the framework of the research, the private scientific methods have been used: the formal legal one made it possible to study the possibility of consolidating the notion of abuse of right as a principle of the criminal procedure, the comparative legal one helped to find methods of combating abuse of right in the literature. Based on the study, the following conclusions were drawn. Rules on countering abuse of right can not be regarded as a principle of criminal procedure, as there can be no fundamental institution that applies to separate participants in the criminal procedure and is designed exclusively for the category of individuals. In criminal proceedings, the use of general formulations is inadmissible in relation to the phenomenon under study, only "targeted" changes in legislation and appropriate correction of investigative and judicial practice are possible; some forms of abuse of right can not be eradicated only by legislation, and they will have to be combatted only by the law enforcer within a specific legal situation.

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