Only a quarter of a century ago, the principle of freedom of contract was introduced to assist the country to make the jump from a planned to a market economy. To make the principle workable, the judiciary took a progressive step to get away from a long-standing tradition of treating any statutory term as an imperative. More recently, in an effort to make the law more commercial, the lawmakers threw in an additional challenge by introducing a general duty of good faith coupled with a duty to negotiate in good faith. In examining the scope of these duties and their potential effect on freedom to contract, the author relies on the original judicial practice and guidance.
Lana Haworth, ‘Evolution of Russian contract law: freedom of contract v good faith’  Journal of Business Law (7) 519-541.