О презумпции добросовестности в российском праве
About the Presumption of Good Faith in the Russian Law

Summary/Abstract: The paper discusses debatable issues related to the interpretation and implementation of the presumption of good faith. The purpose of the study is to form an idea of the content, sphere of application of the presumption of good faith in the Russian law, as well as about its correlation with the principle of good faith. The methods used to fulfill the above-stated purpose are formal-logical, comparative, dogmatic, functional approaches. As a result of the study, the doctrinal approaches to the understanding of the presumption of good faith and to the definition of its content have been identified. The norm of the Civil Code of the Russian Federation, which establishes the presumption of good faith of participants in civil legal relationship, and the related explanations of the highest judicial instances of Russia have been assessed. The following conclusions have been made: 1) it is necessary to distinguish between the presumption of good faith of participants in the civil legal relationship and the principle of good faith; 2) placement of the rule on the presumption of good faith in Art. 10 of the Civil Code of the Russian Federation gives grounds to doubt the general nature of this presumption in the civil law and the validity of its spread to cases of vindication; 3) the presumption of good faith must be considered from interbranch positions – as a the presumption of good faith of the subjects of civil circulation. The results obtained are of great importance for the uniform interpretation and application of the presumption of good faith in resolving the emerging conflicts of subjects, including civil-law and tax disputes, as well as to realize the need for a systems approach to resolving issues of the regulatory regulation of civil circulation.

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