RECOGNITION OF MITIGATING CIRCUMSTANCES AS A LEGAL MECHANISM OF THE PRINCIPLES OF JUSTICE AND GOOD FAITH

Sedova Zhanna Igorevna

The recognition by the court or authorized state body of the circumstances mitigating responsibility in resolving disputes or bringing to responsibility for offenses respectively contributes to the establishment of the principles of justice and good faith in the law. Given that the lists of such circumstances are not exhaustive, it is important to consider which of the circumstances, not enshrined in the legislation, mitigating responsibility have been developed by modern practice. The article notes the influence of the situation (epidemiological or economic and geopolitical) on the non-fulfillment of contractual obligations, the state of extreme necessity on the behavior of subjects of law, considers the right to correct errors, the application of clarifications of the legislation of authorized state bodies as grounds for mitigation or exclusion of responsibility. Recognition of circumstances mitigating responsibility for objective reasons is based on the normative autonomy of the principle of good faith.

Keywords:mitigating circumstances, the principle of good faith, the state of extreme necessity, the situation, the right to correct a mistake, the implementation of explanations of the law