Analysis of the principle of good faith and problems of its modern interpretation

the article examines the principle of good faith in the arbitration process of the Russian Federation, its historical evolution, and contemporary challenges in application. Through historical-legal and comparative analysis, the key stages of the principle’s development are identified: from the Roman concept of *bona fides* to its codification in Russian legislation after 2010. Special attention is paid to amendments in the Arbitration Procedural Code of the Russian Federation aimed at preventing the abuse of procedural rights. The author analyzes the specifics of applying the principle in arbitration proceedings, including the assessment of business practice standards and the reasonableness of participants’ actions. The study reveals key issues: subjectivism in interpreting good faith, difficulties in proving bad-faith actions, and contradictions between formal legality and justice. In conclusion, the necessity of improving legislation through the specification of good faith criteria and the development of methodological recommendations for judicial practice is justified. The results of the study can be used to enhance the predictability of arbitration decisions and strengthen trust in the judiciary.

principle of good faith, arbitration process, abuse of law, judicial practice, procedural rights, historical-legal analysis