Modern Russian Class Action Model

DOI

10.2991/assehr.k.201205.071How to use a DOI?

Keywords

class action, class proceeding, opt-in and opt-out models, legal remedies, ways to protect rights

Abstract

The institution of class action has been consolidated in the procedural legislation of many countries all over the world. It is obvious that in each jurisdiction such institution has its own peculiarities. The analysis of the legislation of many countries makes it possible to distinguish several types of class actions. At the same time, such classifications exist separately and describe only one aspect of the studied institution. A number of criteria are highlighted that allow one to compare and classify existing class action models in a more general way. The analysis of such criteria allows us to highlight two models that are applied globally, i.e. limited and unrestricted class actions. The criteria used describe various aspects of legislative regulation as well as practical application of class actions: from the branches of substantive law, where it is possible to use a class action as a means of protecting rights to the possibility of using all existing methods of protection. The Russian procedural legislation also provides for the institution of a class action. This article attempts to analyze the current model of the Russian class action lawsuit in terms of the criteria mentioned above. As a result of the study it can be noted that a limited class action model is enshrined in the Russian procedural legislation, at the same time, it significantly expands the possibilities of citizens and organizations to protect their collective interests. Regarding the Russian legal system there are still some major disputes related to the protection of the rights of large groups of people on the Internet; however, the international experience shows that this is inevitable. In turn, one can say that an institution is enshrined into the Russian procedural legislation that makes it possible to effectively ensure the protection of “new” collective rights.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Vladimir V. Yarkov
AU  - Vladimir V. Dolganichev
PY  - 2020
DA  - 2020/12/07
TI  - Modern Russian Class Action Model
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 430
EP  - 434
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.071
DO  - 10.2991/assehr.k.201205.071
ID  - Yarkov2020
ER  -