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“How to judge by conscience” — Inna Vavilova’s comment for RBC

Formal observance of law does not always mean real adherence to the law: Russian courts are increasingly assessing the integrity of the parties to disputes. This, in turn, raises controversies about the criteria for such an assessment.

Experts consider this approach to be unpromising. Thus, managing partner of Prime Advice Inna Vavilova suggests not to "demonize" subjectivity in the practice of using appraisal concepts and not regard it as "voluntarism and the absence of uniform criteria". After all, there are no ideal laws in nature. "With the complete limitation of the" subjective assessment "written norms will be meaningless, if there is no will of the state and the courts for their proper fair application. At the same time, the equality of legal opportunities, flexibility in ensuring a balance of rights and interests of participants in legal relations are impossible without broad discretion. It allows us to adapt specific needs to the ever-changing needs of economic turnover", Inna says.

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