Inadmissibility of Nuisance: Theoretical and Practical Aspects

In modern legal practice there are mostly decrees include citations of the Article 10 of the Russian Civil Code, which is about the limits of civil rights. Under paragraph 1 effectuation of civil rights with mischievous intent, law-skirting actions pursuing illegal purposes, inequitable conduct with knowledge, that is called "inadmissibility of nuisance", are not allowed. There is no more detailed legislative regulation of this juridical institute, which currently raises the question of legal uncertainty in this area of civil law. Thereby, there is a necessity for a deep and comprehensive analysis of the abuse of law and its legal prohibition, as well as its co-relation of such concepts as "civil rights effectuation limits", "offense", "bad faith". This work is devoted to the disclosure of the principle of inadmissibility of nuisance legal essence. Moreover, the author developed the list of criteria that will let avoid judicial outrage according to behaviuoral scoring. In turn, it will achieve the effectiveness of the article 10 of the Civil Code law enforcement The author analyzed three main forms of abuse of law enshrined by the legislator (shikana (effectuation of civil rights with mischievous intent), law-skirting actions pursuing illegal purposes, inequitable conduct with knowledge), and revealed fundamental differences. As a result, the general gradual scheme of qualification of the civil law subject behavior as an inadmissibility of nuisance has been developed.