The Good Faith Principle in the Legal Views of the Russian Federation Constitutional Court: Procedural and Substantive Measurement of Judicial Protection

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The article examines the legal positions of the Russian Federation Constitutional Court that reveal the meaning of the good faith principle in realizing the right to judicial protection. It analyzes the interconnection between constitutional provisions, particularly Article 75.1 of the Russian Constitution, procedural and substantive legal norms. The aim of the study is to identify the mechanisms of constitutionalization of the good faith principle and their significance in ensuring a balance of interests among participants in legal relations. The methodological framework combines formal-legal, comparative-legal, and axiological approaches. The paper focuses on key rulings of the Constitutional Court of the Russian Federation (No. 10-P of March 10, 2022, and № 23-P of June 2, 2022), in which the Court shaped an approach to assessing bad faith behavior of parties as grounds for limiting judicial protection. The author shows that the practice of the Constitutional Court of the Russian Federation forms a “living law” in which good faith becomes an interdisciplinary criterion of the legitimacy of judicial protection and is filled with content simultaneously at the constitutional, procedural and substantive levels. It is concluded that judicial review of good faith is an essential element of the constitutional right to judicial protection, strengthening trust in the judiciary and ensuring the balance of public and private interests.

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Principle of good faith, Constitutional Court of the Russian Federation, judicial protection, procedural guarantees, constitutionalization, abuse of right, living law, balance of interests

Короткий адрес: https://sciup.org/142246640

IDR: 142246640   |   УДК: 342.56   |   DOI: 10.33184/vest-law-bsu-2025.28.9