Instrumental view on the sanctions for abuse of rights
The problem of abuse of the law for a long time remains one of the most controversial problems of jurisprudence. The purpose of this article is to try and understand the existing tools to counteract abuse of law from the point of view of an instrumental approach to law. Using the notions «legal purpose» and «legal remedy» as the initial methodological means, the author comes to the conclusion that as a general legal goal of applying sanctions for abuse of right should be the preservation of the existing legal relationship between the subjects and bringing it from a conflict to a balanced state. It is noted that each sanction has its own functional purpose, has a preventive, suppressive or recovery potential. The conclusions presented in the article can contribute to the development of instrumental law theory and serve as a guide for law enforcement practice when using certain measures with respect to an unfair owner.