THE PRINCIPLE OF GOOD FAITH AS A TRIUMPH OF THE POWER OF LAW IN CIVIL PROCEEDINGS

The article investigates the principle of good faith as a key factor of transition from «right to power» to «force of law» in civil proceedings. The question is: is it a legal instrument that promotes the realization of procedural rights in such a way that the letter of the law corresponds to its spirit? The aim of the study is to define and comprehensively understand the role of the principle of good faith as a triumph of the idea of «force of law», to reveal the potential of this principle through the development and systematization of the enforcement mechanisms that support it. Comparative legal, formal-legal and systemic methods were applied, norms of civil procedure law and judicial practice were analyzed. It has been proven that the principle of good faith performs multifaceted functions: educational (or preventive) and corrective (or protective), actively empowering the court to assess not only the actions but also the intentions of the parties. The unity and contrast of good faith and bad faith behavior were analyzed, as well as the key criteria of qualification of behavior as good faith - honesty and economy. It was concluded that, despite its importance, the effectiveness of the principle is limited by the unsystematic and fragmentary nature of the legal measures designed to counteract the abusive exercise of procedural rights. The area of application of the results includes improvement of civil procedure legislation, law enforcement practice and further theoretical understanding of mechanisms to counteract unfair use of procedural rights. The aim of the study is achieved - hypothesis about the key role of the principle of good faith as a «force of law» has been confirmed, but the identified dysfunction of the sanction mechanism points to the need for further conceptualization of the principle of good faith in order to fully realize its potential.