THE INADMISSIBILITY OF RIGHTS ABUSE AS A CONSTITUTIONAL LAW PRINCIPLE IN CONTEXT OF THE CONSTITUTIONALIZATION PROCESS
Subject The present paper deals with the phenomenon of the constitutionalization in its three aspects and its link with the principle of inadmissibility of rights abuse. The main goals of the research are to analyze the civil law principle of inadmissibility of rights abuse, to interpret the relevant legal rule (namely Constitution part 3 article 17), to discover the influence of the constitutionalization processes on law principles from theoretical point of view. Metodology Within the conducted research the following methods were used: analysis, formal logical, comparative etc. Conclusions and Relevance. Such constitutionalization aspects as a process, a tendency and a legal system characteristic have been analyzed. The constitutionalization tendency of legal systems is highlighted. The definition of this term is given. The phenomena of the constitutionalization of law, constitutionalization of common legal principles and constitutionalization of judicial practice are noticed as autonomous ones. The interpretation of the Constitution of the RF part 3 article 17 is given both in expansive and restrictive ways in order to prove the constitutional meaning and significance of the principle of inadmissibility of rights abuse. The possibility of legal interests’ protection instead of only human rights protection is concluded. It is also concluded that the principle of inadmissibility of rights abuse is an constitutional one and it has significance for the whole legal system.