Принцип добросовестности в решениях Конституционного Суда Российской Федерации: к юбилею Гадиса Абдуллаевича Гаджиева

Abstract

The article analyses the practice of the Constitutional Court of the Russian Federation on the issue of applying the principle of good faith before and after the amendments to the Constitution of the Russian Federation in 2020, the conclusion is made that the provisions introduced into its Article 75.1 are an additional constitutional justification for extending the principle of good faith to all areas of activity, both private individuals and public authorities, including relations between them, focusing on cooperation, mutual respect, the manifestation of kindness, honesty and justice in the name of the common well-being and welfare. As one of the justifications for the conclusion about the increase in the importance of this principle at all stages of the formation, interpretation and application of a normative rules, some arguments are given, expressed in the scientific publications of G.A. Gadzhiev, who has devoted more than 30 years to the Court and is celebrating another anniversary in 2023.