Забезпечення балансу між принципом добросовісності та зловживанням правом у судовій практиці України
Ensuring a Balance Between the Principle of Good Faith and Abuse of Rights in Ukrainian Court Practice

Summary/Abstract: The relevance of the study is due to the fact that the principle of good faith occupies a central place among the foundations of modern law, serving as the basis for fair law enforcement and a guarantee of trust in thelegal system. At the same time, the lack of clear legislative consolidation and a unified scientific approach to understanding its content and limits of implementation creates problems in both judicial and law enforcement practice. This highlights the need for a comprehensive analysis of the essence of the principle of good faith, its normative significance, and functional role in ensuring the stability and fairness of legal relations. The purpose of this article is to study the essence of the principle of good faith in the context of substantive and procedural law in Ukraine, in particular to identify its substantive features, methods of implementation, and role in ensuring fair law enforcement. Particular attention is paid to the analysis of legal mechanisms that are formed in judicial practice to prevent and counteract unfair behavior of participants in legal relations. It is emphasized that in practice, good faith acquires legal significance through the identification of cases of abuse of rights. The author conducts a theoretical and legal analysis of such phenomena as estoppel, the doctrine of prohibition of contradictory "behavior", and the doctrine of "inadmissibility of exercising a right to the detriment". These tools allow courts to refuse to apply formal rules in cases where this breaks the causal link between the unfair conduct of one party and the negative consequences for the other, and also serve as an effective means of ensuring fair conduct by the parties to the proceedings, making it possible to counteract manipulation by the parties, prevent delays in proceedings, and facilitate the adoption of decisions based on an objective assessment of the evidence and the facts of the case. In the author’s opinion, the application of these tools requires particular caution given the specific nature of the legal relationship in question, since qualifying a person’s conduct as "abuse of rights" and applying the relevant legal instruments may upset the balance between "good faith" and "abuse", allowing for disproportionate restrictions or violations of the rights and legitimate interests of third parties.

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