The Class Action in Lithuania and Poland: History, Experiences and Lessons

2021 ◽  
Vol 46 (2) ◽  
pp. 234-264
Author(s):  
Vytautas Nekrošius ◽  
Kinga Flaga-Gieruszyńska
Keyword(s):  
Comparative Analysis ◽  
Case Law ◽  
Class Action ◽  
Special Focus ◽  
Current Regulation ◽  
Civil Proceedings ◽  
The Subject ◽  
Court Proceedings ◽  
Limited Scope

Abstract The article analyses the peculiarities of the regulation of Class Action institution in the civil proceedings of Lithuania and Poland. Due to its limited scope, this article investigates the civil proceedings in the first instance courts only. The authors draw a special focus on the comparative analysis and the analysis of the effectiveness of the procedure in the current regulation by investigating both the doctrine and the available limited case law. The subject of considerations are problems relating both to the admissibility of filing a class action, as well as the course of court proceedings in cases concerning group proceedings, with particular emphasis on their differences from other procedural structures in Poland and Lithuania.

scholarly journals Personalna subrogacija u odnosu prema pravu regresa osiguratelja i ustupanju tražbine – cesiji

2021 ◽  
Vol 11 (1) ◽  
pp. 79-90
Author(s):  
Jadranka Nižić-Peroš
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Civil Proceedings ◽  
Legal Position ◽  
The Subject ◽  
Injured Party ◽  
Court Proceedings ◽  
The Right ◽  
Court Expert ◽  
Insurance Compensation

The subject of this paper is a review of legislation and case law regarding personal subrogation, recourse obligation and recourse claim of the insurer for payment of insurance compensation as well as determining the amount of payment of recourse claim in civil proceedings before the court and assignment of the claim - cession. The paper starts from the point of view that the terms and institutes of subrogation, recourse and cession are very similar and that they are often identified, so we try to clearly distinguish what exactly the term refers to. In Croatian law, the right of subrogation of the insurer is most often understood as legal personal subrogation where by paying the insurance compensation the insurer assumes the legal position of its insured and consequently enabling the insurer to claim damages against the responsible person . In addition to the above, the paper also considers the statute of limitations for insurers’ recourse rights. Furthermore, the author starts from the point of view that in court proceedings initiated for recourse payment it is necessary for the court expert to clearly determine the parameters based on which the court will be able to assess in a certain percentage the possible contribution of the injured party to the damage towards the plaintiff, namely the insurer.

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals The use of information technology during investigative actions

2020 ◽  
Vol 224 ◽  
pp. 03017
Author(s):  
N Shuruhnov ◽  
I Voevodina ◽  
S Stroilov ◽  
E Maslennikova
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law

2021 ◽  
Vol 93 (3) ◽  
pp. 846-889
Author(s):  
Loris Belanić ◽  
Jakob Nakić
Keyword(s):  
Financial Burden ◽  
German Law ◽  
Legal Protection ◽  
Case Law ◽  
The European Union ◽  
Processing Elements ◽  
Court Of Justice ◽  
Civil Proceedings ◽  
The Subject ◽  
Legal Costs

Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.

scholarly journals Participation of Third Parties not Making Independent Claims Regarding the Subject Matter of the Dispute in Civil Proceedings in the Light of Procedural Economy

2021 ◽  
Vol 16 (5) ◽  
pp. 98-113
Author(s):  
D. A. Guziy
Keyword(s):  
Subject Matter ◽  
Third Parties ◽  
Promising Technique ◽  
Civil Proceedings ◽  
Settlement Agreement ◽  
The Subject ◽  
Court Proceedings ◽  
The One ◽  
Joint Consideration ◽  
Judicial Protection

The author explores the issue of participation of third parties not making independent claims regarding the subject matter of the dispute in the context of achieving procedural efficiency in civil proceedings. It is noted that the current rules of civil and arbitration procedural legislation concerning third parties that do not make independent claims regarding the subject matter of the dispute are imperfect and, on the one hand, they have some potential to ensure the true implementation of the principle of procedural economy, and, on the other hand, to enhance the effectiveness of civil proceedings and the scope of safeguards applied to secure judicial protection. Joint consideration and resolution of principal and recourse claims may be treated as a key and promising technique in this regard. The author, using various methodological techniques, conducts a critical analysis of the domestic doctrine and legislation of pre-revolutionary, Soviet and modern periods, and examines foreign experience on the subject at hand. The paper substantiates the conclusion about the possibility and expediency of joint consideration and resolution of the principal and recourse claims. It proposes to apply a mechanism for considering such claims jointly with due regard to the balance of interests of persons involved in the case. It is also noted that in a number of cases it is expedient to consider the principal and recourse claims in separate court proceedings. Summing up, the author expresses the opinion that the expansion of the judicial activity of the judicial activity should be permissible not only in the case of approval by the court of the settlement agreement, but also when the judicial activity results in making a court decision. In conclusion, it is noted that the mechanism of joint consideration and resolution of principal and recourse actions proposed by the author does not infringe the safeguards of civil procedural form and allows us to eliminate “defeat in rights” for the principal respondent (regredient).

Meningkatkan Kemampuan Guru dalam Menerapkan Model Pembelajaran Problem Centered Learning Melalui Focus Group Discission di Sekolah Dasar Negeri 187/X Bangun Karya Tahun 2019/2020

2020 ◽  
Vol 10 (1) ◽  
pp. 86
Author(s):  
Mujiem Mujiem
Keyword(s):  
Elementary School ◽  
Action Research ◽  
Focus Group ◽  
Initial Conditions ◽  
Learning Model ◽  
Class Action ◽  
Learning Activities ◽  
Implementation Phase ◽  
The Subject ◽  
Academic Year

This research is a classroom action research that aims to improve the ability of teachers to apply the problem centered learning model of learning in the Elementary School 187/ X Bangun Karya, Academic Year 2019/2020. The subject of this study was a teacher at 187 / X Bangun Karya Elementary School, Rantau Rasau District, Tanjung Jabung Timur District, Jambi Province. This class action research was carried out in two cycles, each cycle consisting of two meetings. The results of the evaluation are converted into a recapitulation table of the results of cycle I. The conversion results state that the research has not yet reached the target, it needs to be continued with cycle II. The results of observers in the implementation phase of the second cycle showed that all parts of the learning activities were going well, so that there were no more parts of the learning activities that needed to be improved. While the results of the second cycle are converted with the results of the recapitulation table states that the study has reached the target limit of completeness criteria in the first cycle that is equal to 50% and an average of 68.7 in the initial conditions of improvement in the second cycle completeness criteria to be 100% and the average namely 91.7 states that the Focus Group Discission can improve the ability of teachers to apply the Problem Centered Learning learning model in learning in 187 / X Public Elementary School Build Work Year 2019/2020.

Assessment of small businesses activities in Ukraine

2019 ◽  
pp. 40-47
Author(s):  
Igor Ponomarenko ◽  
Kateryna Volovnenko
Keyword(s):  
Comparative Analysis ◽  
Statistical Analysis ◽  
Small Business ◽  
Small Businesses ◽  
Government Agencies ◽  
Small Enterprises ◽  
The Subject ◽  
Business Entities ◽  
The Impact ◽  
Micro Enterprises

The subject of the research is a set of approaches to the statistical analysis ofthe activities of small business entities in Ukraine, including micro-enterprises. The purpose of writing this article is to study of the features of functioningof small business entities in Ukraine. Methodology. The research methodology isto use a system-structural and comparative analysis (to study the change in thenumber of small enterprises by major components); monographic (when studyingmethods of statistical analysis of small businesses); economic analysis (when assessing the impact of small business entities on socio-economic phenomena andprocesses in Ukraine). The scientific novelty consists to determine the features ofthe functioning of small businesses in Ukraine in modern conditions. The influenceof the activities of the main socio-economic and political indicators on the activities of small enterprises in recent periods of time has been identified. It has beenestablished that there is flexibility in the development of strategies by small businesses in conditions of significant competition, which makes it possible to quicklyrespond to changing situations in specific markets. Conclusions. The use of acomprehensive statistical analysis of small businesses functioning in Ukraine willallow government agencies to develop a set of measures to optimize the activitiesof these enterprises, which ultimately will positively affect the strengthening oftheir competitiveness and will contribute to the growth of the national economicsystem.

A comparative analysis of the lay-friendliness of Danish EU patient information leaflets from 2000 to 2012

2014 ◽  
Vol 11 (3) ◽  
Author(s):  
Inger Askehave ◽  
Karen Korning Zethsen
Keyword(s):  
Comparative Analysis ◽  
Patient Information ◽  
Patient Information Leaflet ◽  
General Interest ◽  
Information Leaflet ◽  
Empirical Results ◽  
Patient Information Leaflets ◽  
Information Leaflets ◽  
The Subject ◽  
The Eu

Since becoming mandatory in the EU in 1992, the patient information leaflet (PIL) has been the subject of an on-going discussion regarding its ability to provide easily understandable information. This study examines whether the lay-friendliness of Danish PILs has improved from 2000 to 2012 according to the Danish consumers. A reproduction of a questionnaire study from 2000 was carried out. The responses of the 2012 survey were compared to those of the 2000 survey and the analysis showed that Danes are less inclined to read the PIL in 2012 compared to 2000 and that the general interest in PILs has decreased. The number of respondents who deem the PIL easy to read has gone down. According to Danish consumers, the lay-friendliness of PILs has not improved from 2000 to 2012 and a very likely explanation could be that the PIL as a genre has become far too regulated and complex to live up to its original intentions. On the basis of the empirical results the article furthermore offers suggestions for practice changes.

John of Kronshtadt and Leo Tolstoy

2020 ◽  
Vol 102 ◽  
pp. 471-478
Author(s):  
Peter A. Shevchenko
Keyword(s):  
Comparative Analysis ◽  
20Th Century ◽  
Real Life ◽  
Leo Tolstoy ◽  
Russian Society ◽  
Common People ◽  
Religious Consciousness ◽  
The Subject ◽  
Main Components

The article provides a comparative analysis of the influence of L.N. Tolstoy and I.I. Sergiev (John of Kronstadt) on the formation of personal worldview in Russian society. The analysis is based on the testimonies of the contemporaries and the previously not reissued publication of “Novy Put” (“New Way”) journal on the subject. In the context of the declared problematics, special attention is paid to the question of transformation of religious consciousness in the course of the personality formation in relation to the period under consideration (the beginning of the 20th century). The author reveals and analyzes the main components of the life stand of Tolstoy and Father John of Kronstadt in the context of their influence on contemporaries. The results of the study allow to reveal the following antitheses that characterize Tolstoy and John of Kronstadt, respectively: doubt - faith, search for oneself – following the once chosen path, preaching of non-resistance as part of the philosophy of not-doing (not doing evil) – preaching of active upholding of faith (doing good), “simple living” – real life with and for common people.

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