Abuse of Right and its Consequences in Terms of the Relations Between a Director and a Company

The main idea of the paper is to reveal the concept of the institution of the "abuse of right" which nowadays is one of current interest in the court practice. The abusive acts appear to be the most commonly manifested in such branches of law as corporate law and bankruptcy. After the analysis of key theoretical issues of the abuse of rights the author describes the way this concept is expressed in the relationship between a director and a company or shareholders of a company in the framework of the corporate law. Thus far, the concept of directors' responsibility for unfair practices that have caused harm to the company has not been developed completely, and it has been applied essentially since 2013. The conditions under which the director can be brought to responsibility, as well as defence mechanisms of company's interests in general and particularly an indirect lawsuit are also not fully developed. Therefore, the author attempts to research this institution on the basis of the existing arbitration and court practice.