This study is devoted to a comprehensive analysis of the principle of good faith in the system of civil law regulation, its relationship to freedom of contract and the prohibition of abuse of law. The relevance of the topic is due to the increasing role of good faith as a regulatory mechanism that balances the interests of the parties in a market economy, as well as the need to overcome legal uncertainty in the interpretation and application of this principle. The article systematizes the signs of conscientious behavior (meeting the expectations of a reasonable participant in the turnover, taking into account the interests of counterparties, promoting justice) and abuse of law (formal legality for an illegal purpose, contradiction to the social purpose of law). A three-dimensional model of the distinction between good faith and abuse of law is proposed according to the following criteria: the subjective element is the presence/absence of unlawful intent; the objective criterion is compliance/contradiction with the social purpose of law.; functional purpose – regulatory or restrictive impact on the civil turnover. The dualistic nature of conscientiousness is substantiated, combining objective (normative criterion) and subjective (awareness of the person) aspects. Special attention is paid to the analysis of judicial practice, including clarifications by the Supreme Court of the Russian Federation, which revealed key trends in the application of the principle of good faith.
