By conscientiousness, one should understand the subjective state of a person when he performs legally significant actions, his ignorance of facts that discredit the internal or external legitimacy of an act and can make an individual honest in the legal sense refuse to perform them, despite the fact that there are no formal obstacles to this. Simply put, it is supposed to exercise rights without violating the law and infringing on the interests of others. By his behavior, a person shows the honesty of his intentions, does not allow fraud in the framework of the relationship into which he enters. The principle of good faith in civil law applies at all stages of regulation. Let's consider it in more detail. 
Normative base
Legal principles are considered as the basic principles, general provisions of the system, which are binding in view of their legislative consolidation. They are mentioned in the Civil Code. All of them are equally important for all participants in the turnover. The principle of reasonableness and integrity in civil law is of particular importance in the framework of interaction between state structures and the population. It is of no small importance in contractual relations.
Key Points
In accordance with the Civil Code of the Russian Federation, equal citizenship is recognized for all citizens. This means that all subjects have the same opportunities in the implementation of a particular activity. One of the most important principles is the inviolability of property. It is enshrined in the Constitution.
The Basic Law states that no one should be deprived of property except by a court decision. It is compulsory to seize property solely on a reimbursable basis. One of the novelties of the Civil Code is the principle of freedom of contract. He assumes that each subject is free to choose independently to enter into a deal or not. The participants in the turnover can conclude any transactions that do not contradict the legislative norms.
The Constitution enshrines another most important principle - the inviolability of personal life. No one can arbitrarily interfere in the private affairs of citizens, including municipal and state bodies. The exceptions include cases of unlawful behavior of participants in the turnover. In a democratic state, such as the Russian Federation, citizens have the freedom to exercise their rights if this does not infringe on the interests of others. Everyone can use their abilities and property to conduct business and other economic activities. 
Regulation specifics
The exercise of civil rights may be limited in some way, if required by the existing rule of law. For example, activities involving infringement of competitors may be prohibited. The actions of legal entities and citizens committed with the intention of harming other entities are not allowed. Rights must be exercised reasonably and in good faith. In case of violation of this requirement, the perpetrators are held accountable.
The legislation establishes a number of legal instruments that an entity whose interests are infringed can use to restore its position. For example, if a print publication publishes false information about a person discrediting his honor, the victim may demand refutation of this information through the court, as well as compensation for harm (including moral). In this case, a vindication claim is filed.
The principle of good faith in civil law: a characteristic of the concept
The acquisition by individuals of their legal capabilities is carried out in their interests at their will. The latter should be understood as a purposeful and informed choice of a model of one’s behavior and its results. Interest refers to the desire to receive certain benefits from the actions taken.
In the new edition of the Civil Code,principle of good faith. In civil law it has long been recognized at the doctrinal level. However, neither the previously existing nor the modern edition of the Code gives a clear definition of it. This, in turn, raises a number of problems.
Amendments to the Code entered into force on March 1, 2013. One of the most significant innovations was the formalization of the principle of good faith. It is considered as a key guideline for the behavior of participants in the turnover. The legislator, balancing the rules enshrining freedom of contractual relations and autonomy of will, establishes that upon acquisition, realization, protection of civil rights, as well as in the performance of duties, entities must act in good faith.
Providing this requirement, rulemakers, however, do not define clear criteria for the proper conduct of individuals. Of course, it is impossible to foresee all the cases in which it should be realized principle of good faith. In civil law there is a huge amount of relationships and relationships. The law can cover only the most common, typical of them. Nevertheless, you can try to clarify the principle of good faith in civil law. Briefly in other words, it implies conduct consistent with legal requirements. 
Specifics of Prohibited Actions
No one can derive income or other advantage from behavior that violates the principle of good faith in civil law. Article 10 of the Civil Code specifies the framework for the implementation by entities of their legal capabilities. Normally, the list of prohibited actions has been significantly expanded (in comparison with the previous version of the Code).
One form of behavior that violates principle of good faith in civil law - abuse legal opportunities. It can be expressed in different ways. The legislation provides some qualifying features very vague and conditional. For example, behavior that bypasses norms with an unlawful purpose acts as an abuse. This category is considered the least obvious in terms of accuracy of qualifications. The legislation lacks clear criteria by which the behavior of the subject could be regarded as actions "bypassing the norms." Accordingly, this creates uncertainty in practice.
The consequences of unlawful actions
Considering the principle of good faith in Russian civil law, it is necessary to pay attention to the specifics of the results of the behavior "bypassing the norms." We turn to the above-mentioned Art. 10 GK. In the current edition of the norm, it is stipulated that in case of violation of the ban on abuse of one’s right, the subject may be denied the protection of his rights.
Here we should pay special attention to the wording. The new version of the norm establishes the following: taking into account the consequences and the nature of the violation, the court refuses (partially or completely) to protect the right belonging to the perpetrator, and also uses other measures established by law. If you literally interpret the wording, it may seem that the implementation of these provisions is carried out automatically in the presence of relevant circumstances. However, it appears that the legislator was unlikely to seek to establish the duty of an authorized authority. 
The principle of good faith in civil law: judicial practice
Art. 10 of the Code allows for variability, expressed in a partial or complete refusal to protect the interests of the plaintiff.An authorized instance shall make a choice on the basis of the circumstances of the case. This is manifested principle of good faith and justice.
In civil law protection of interests is carried out exclusively by filing a claim. According to lawyers, the vagueness, vagueness of formulations, the absence of clear criteria for qualifying the behavior of the subject and, therefore, the choice of measures of influence creates the prerequisites for the formation of different approaches in the proceedings.
Experts believe that it is necessary to develop a unified position when considering disputes in which the actors who violate principle of good faith. In civil law there are rules governing the behavior of subjects. They are regarded as evaluative provisions. Such rules are mainly used to establish specific limits for judicial discretion.
Property Relations
Analyzing the legal norms, we can deduce general principle of good faith. In civil law there are provisions governing specific relationships. A special category is made by property interactions. In the rules governing them, the most fully disclosed principle of good faith.
In the civil law of Russia different legal capacities of persons related to property are fixed. The main right is ownership. It involves the disposal, use and possession of property. To characterize the latter, the concept of good faith is used. Its essence is revealed in Art. 302 Civil Code. Clause 1 of the norm stipulates that a subject who does not know and could not know that a citizen from whom he acquired property for a fee was not entitled to alienate material values is recognized as bona fide. 
Explanations
Delimiting the general and other principles of good faith in civil law, the legislator points out that the special requirements established for the conduct of the participants in a turnover can be guided by fundamental criteria as well. This is especially true in cases where the analogy of the norms cannot be used.
However, the Civil Code by default assumes that participants in the turnover comply with principle of reasonableness and good faith. In civil law this fact is presumed, however, under certain conditions. For example, if advocacy is made dependent on the legitimacy of behavior, then it is assumed by default. This means that the participant in the turnover is not required to prove that he complied principle of good faith. In civil law this burden is on the other side of the relationship.
The need for law adjustments
Many lawyers, analyzing regulations that reinforce principle of good faith and justice in civil law, indicate the inconsistency of their modern situation in the country and in the world. Experts substantiate their position as follows. Considering the importance of the principle of good faith in civil lawThe existing references to it as a subjective criterion used to evaluate the actions of turnover participants, and the objective basis for normative regulation of relations between them is clearly not enough to effectively influence interacting individuals.
When considering disputes regarding the good faith of citizens, the courts are guided by the basic principles of the legislation, which are not mentioned therein, or by private law principles. The lack of a clear regulatory reinforcement negatively affects the legality of the decisions made in international instances.
The principle of good faith in civil law is one of the basic provisions enshrined in the laws of most countries. It corresponds to the ideas of the current legal doctrine.In the laws of individual CIS countries, the principle of good faith is fixed quite clearly. 
Bans
Establishing the principle of good faith, the law establishes the obligation of participants in legal relations to take legitimate actions when acquiring, exercising and protecting their rights, as well as fulfilling obligations. The authorities authorized to consider disputes, when making decisions, substantiate their position by referring to Art. 9-10 GK.
In addition to the above requirements, the law prohibits any entity from deriving benefits from his unfair behavior. This restriction is also used in proceedings. However, in judicial decisions, unfair behavior is identified as illegal. This, in turn, entails a ban on the use of benefits from it.
Equality of participants in the turnover
It involves the implementation of three principles: justice, dispositiveness and good faith. The first is:
- A harmonious combination of public and private interests.
- The restorative nature of norms.
- Opportunities to protect violated interests.
The principle of dispositivity involves:
- Freedom of contract.
- Inviolability of the property.
- Prohibition of arbitrary interference in private affairs.
- Unhindered implementation of legal opportunities.
- The initiative and independence of the participants in the turnover.
Specificity of establishments
In principle, justice laid the key regulatory function of law. In dispositivity, there is a wide margin of appreciation for the participants in the turnover. The principle of good faith in civil law is responsible for ensuring that regulatory standards do not turn into a “victim” of will (dispositive). It follows from the provisions aimed at preserving the original foundations of all legislation. The fact is that the legal system cannot allow the elements forming it to be used not for their intended purpose. 
findings
Recognition of a person as bona fide or unfair, in essence, means an assessment of his behavior. It may be regarded as legal or illegal. Meanwhile, wrongfulness in the context of good faith should not be punished. Legislation provides for milder, more flexible measures. For example, sanctions may include:
- Blocking the occurrence of duties and rights.
- Transfer of property to property.
- Compensation for harm.
- Seizure of tangible media, exclusive rights.
- Restitution, etc.
All these measures of influence can be used in cases of imprudent or deliberate implementation by the subject of his legal capabilities. For a person in such situations, the question “what to do” has become higher than the question “how”. A citizen sacrificed internal doubts when exercising the right to the formal, outwardly legal limits of possibilities; he preferred to manifest his egoism consciously, to the detriment of the interests of those around him (the state, society). In other words, the appearance of proper behavior has been created.
Conclusion
In the new edition of the Civil Code, there is a significant increase in the signs of good faith. On the one hand, this has a positive effect on the state of turnover and the protection of the interests of its participants. At the same time, experts note many problems. In most cases, difficulties in practice arise due to the lack of a legal definition and clear criteria of good faith. As a result, there is a need for interpretation, a threat is created for the unjustified expansion of the discretion of persons authorized to resolve disputes on the merits, and the outcome of cases becomes unpredictable.
Despite the fact that the principle of good faith has existed in the civil law system for a long time, the scope of its distribution, the possibilities and consequences of its application have not been fully studied. Currently, many issues remain debatable.The principle of good faith regulates not only the abuse of the right, but also cases where such unlawful behavior is absent or when the content of Art. 10 of the Code can not cope with the incident.
One of these situations is provided for in Art. 6, according to which it is used in analogy. The principle of good faith is implemented in those cases when Art. 10, despite the limitations set by it, it itself will become a means of abuse. In such a situation, the provisions of Art. 1 of the Code in conjunction with industry standards.
In general, to ensure a clearer application of the principle of good faith, the current legislation should be amended to fill gaps.