Good Faith as a Guarantee of the Implementation of the Constitution

Herein presented master thesis is dedicated to the topic of the good faith, which is relevant for the modern stage of the development of the Russian legal system. This category of law has a long history, it has been used since the days of Ancient Rome, where the custom of “bona fides” served as a criterion for all actions when a person tried to profitably use the situation at the expense of his opponent and acted knowingly dishonestly or unfairly. However, being one of the key concepts of classical law, on the basis of which many institutions and provisions of modern civil and international law have been arisen, none of the of European countries codes or international legal acts gives it a definition, does not disclose the full content. Scientific and legal studies on this subject more often analyze integrity as a criterion for assessing the activities of individuals and legal entities, but rarely consider the question of the integrity of a state, which seems incomprehensible in view of the existence and use of such a category in public international law. To determine the content of good faith of a state, the author under took a systematic study of approaches to the definition of good faith, the history of its origin and development since Ancient Rome to the present day, stages of the formation of the good faith principle as an international General legal rule, as well as the application of this principle in the activities of international courts and in the practice of the constitutional court. As a result of the study, it was concluded that the good faith principle is the highest value of the law, as it serves as a criterion for determining whether a state has violated its obligations, has exceeded its powers, has created impossible conditions for the realization of rights, whether the actions of bodies and officials of a state are contrary to the Constitution.