Good faith as a conceptual basis for the legitimate implementation of civil procedural rights and obligations

Abstract

The article is devoted to the study of the category of good faith in civil proceedings. The author notes that in the field of jurisprudence, and especially in the field of judicial jurisdiction, concepts and categories that belong to the field of ethics and morality by virtue of their nature began to be applied more and more often. One of these categories is good faith.
 It is justified that the problem of good faith is characteristic of each of the historical eras of the development of known forms of civil process. Even in the light of judicial transformations of the past, effective procedural means of combating dishonest behavior have not been developed. In modern conditions, research on the category of good faith in civil proceedings is being updated. It is not even so much about giving this category the quality of a principle, although it is worth noting that there are certain normative grounds for this.
 Good faith, by its very nature, is a non-legal category, in order to determine its content in this sense, it is necessary to refer to other concepts and categories of ethics and morality. Secondly, the category of good faith is traditionally used by the legislator to describe the limits of lawful behavior and, thus, to determine the limits of the possible implementation of civil procedural rights. Thirdly, giving the category of good faith as a legal obligation should be considered in the context of the elements of the normative and theoretical construction of the abuse of procedural rights and the mechanism of countering them.
 In general, it should be emphasized that the category of good faith plays a key role in determining the criteria by which it is possible to distinguish the legitimate active use of the right from its abuse. For civil procedural law and civil justice, this problem is particularly relevant, because by its legal nature, civil justice is designed to mediate the conflict of the parties, their competition and opposition to each other. Competition and opposition in civil litigation is the norm, not an abuse. Therefore, when researching the chosen topic, the central task is to find an answer to the question of in which cases competition and opposition turn into abuse of rights.