Joining of Foreign Banks to Sanctions as Unfair Behavior in the Light of Judicial Practice

Abstract

The article concludes that Russian legislation does not disclose the requirements for behavior that is recognized as conscientious. The issue of the criteria of good faith, as a rule, is decided by the court, in particular, such a position was expressed by the courts in relation to actions to join the sanctions, which are recognized as unfair. The article considers the practice formed by Russian courts on bringing to non-contractual liability foreign banks that refused to fulfill their transfer obligations to Russian banks due to the imposed sanctions, together with their affiliated banks that carry out banking activities in Russia. The author notes a number of legal disadvantages of such judicial practice, namely, plaintiffs choose a way to protect the plaintiff by bringing to non-contractual liability in the presence of contractual relations between the parties. The courts also use the provisions of civil legislation on proving the absence of guilt when holding accountable for unfair behavior, in which the presumption of good faith should beapplied.