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Doctrinal Standard

Good faith in court is no longer an abstract principle from a textbook. Today, bona fides is an argument that actually resolves disputes and influences the outcome of court proceedings.

This transformation is the subject of an analytical article prepared by EQUITY partners Dmytro Tylipskiy and Andrii Ivaniv for the annual publication «TOP 50 Leading Law Firms in Ukraine 2026.» The authors examined how the doctrine of good faith has evolved from a declarative norm to a full-fledged regulatory instrument of modern judicial practice.

The article discusses key trends and practical aspects of applying bona fides:

  • how courts assess the behavior of parties and why good faith is increasingly becoming decisive;
  • approaches of the Supreme Court that have shaped a new methodology for analyzing civil and commercial disputes;
  • application of the principle in bankruptcy cases — counteracting asset stripping, «friendly creditors» and fictitious transactions;
  • the impact of judicial practice on legislative changes in insolvency proceedings;
  • scaling the doctrine to tax, corporate, family and antitrust disputes.

 

 

 

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Dmytro Tylipskiy, Andrii Ivaniv