PROCEDURAL GOOD FAITH AS A PRINCIPLE OF JUSTICE

Resumo

In most countries, law enforcement authorities actively refer to the principle of procedural good faith when adjudicating civil cases, while in many countries, including the Russian Federation, this principle has not yet been formalized. This establishes a foundation for discussing procedural good faith's content and its relationship to other principles of justice. For this reason, the purpose of this scientific article was to conduct a comprehensive study of the phenomenon of procedural good faith in order to identify it as a separate principle of justice. The author's conclusion was that the rationale for implementing provisions on good faith in the civil process of most states is objective based on the comparative legal method of research. Moreover, in fact, the principle of procedural good faith already exists in many developed legal systems, without creating, at the same time, a potential threat to other (more classical) principles of effectuation of justice. The scientific novelty of the study conducted by the author is based on taking into account modern global trends in the development of civil procedure. The author considers the general development of the justice system's principles, which is characterized by the disappearance or narrowing of the scope of old, no longer relevant principles, and the emergence of those principles of justice effectuation that better meet modern realities, as well as the emerging trend of professionalizing civil proceedings. For this reason, the author once again confirms the obvious need (and particular relevance) for a proper study of the principle of procedural good faith, with its inherent content, its main features and properties, as well as the impact of the process of digitalization of justice on it.