The Role and Significance of the Good Faith Principle in Russian Civil Law

Purpose of the research: The article considers the theoretical and practical significance of the good faith principle in the system of Russian civil law, establishes the role and purpose of this principle. A comparative analysis of the significance of the good faith principle in Russian and foreign civil law also conducts. Results: As a result of the research, the author comes to the conclusion that the good faith principle is an integral part of Russian civil law, and its role has increased markedly over the past twenty years, which is reflected in the increase of number of norms in the Civil Code of the Russian Federation, one way or another referring to the good faith (bad faith) of the participants in civil legal relations as a constituent that entails legal consequences. Also, based on the comparative analysis, it is concluded that the principle of good faith is characteristic of most legal systems of continental law. The value of the principle of good faith in civil law is traditionally lower in common law legal systems, and in UK law this principle does not apply; at the same time, it has recognition in some international legal acts. It is concluded that the good faith principle allows the courts to be more flexible in solving cases, to take into consideration the circumstances of a particular case and to implement, first of all, the rights of citizens, and not the norms of the law misinterpreted by someone. The essence of the good faith principle in Russian civil law is not clearly defined.

good faith, civil law, Russian law, common law, legal principle, continental law