Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right

This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the concept of abuse of right is evaluative, and, as it is known, such concepts always pose a danger to legal certainty, since they do not contain all the features of the phenomena described by them, so their application is possible only within the framework of broad judicial discretion. And here one of the most difficult questions of jurisprudence appears: what are the limits of such discretion, the decision of which largely depends on the correctness of the courts’ qualification of the subject’s actions as malicious law enforcement. At first glance, it turns out to be a vicious circle! However, the author comes to an unexpected conclusion that the activity of the Supreme court of the Russian Federation, whose decisions often play the role of judicial precedents, regulates the process of applying the rules on abuse of right and thereby provides legal certainty.