MODEL OF GROUP CLAIMS OF THE RUSSIAN FEDERATION IN COMPARISON WITH FOREIGN ANALOGUES

Author(s):  
Анастасия Александровна Филатова

В связи с принятием ряда изменений в ГПК РФ произошло реформирование в сфере коллективной защиты гражданских прав. В работе проведен анализ модели групповых исков Российской Федерации в сравнении с зарубежными аналогами. Выделены особенности групповых исков России. Также в работе выявлены преимущества и недостатки применения групповых исков как способа защиты прав. In connection with the adoption of a number of changes in the Code of Civil Procedure of the Russian Federation, a reform took place in the field of collective protection of civil rights. The paper analyzes the model of class actions of the Russian Federation in comparison with foreign counterparts. The features of class actions in Russia are highlighted. The paper also reveals the advantages and disadvantages of using class actions as a way to protect rights.

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.


Author(s):  
Ol'ga Yakovleva ◽  
Sergey Zhelonkin

Introduction. In the presented work, the authors investigated the main aspects of the reform of the procedural legislation initiated by the Supreme Court of the Russian Federation regarding the introduction of a new participant in the trial - the attorney. Purpose. The aim of the work is to identify the features of the legal status of such a participant in civil proceedings as an attorney within the framework of the institution of representation. Methodology. The work was performed on the basis of special methods of cognition, including historical and legal, logical, formally legal. Results. Based on the analysis of the results of the consideration of the draft Federal Law No. 383208-7 «On Amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and certain legislative acts of the Russian Federation», the appropriateness of the initiative to introduce a new member into civil proceedings is assessed - attorney. The relationship of this short story with the proposed increase in the requirements for the representative’s professionalism was analyzed, and its main advantages and disadvantages were highlighted. It is concluded that the benefit of introducing such a participant in the civil process as an attorney is more theoretical than practical, since this is due to the fact that the actions that the considered procedural figure (attorney) is authorized to perform can be performed by an ordinary representative without extra costs. At its core, an attorney is a kind of assistant to the representative, not able to independently participate in the trial and is dependent on both the principal and the representative. Conclusion. The material contained in the work is of interest for further scientific research on the problematic issues of the institution of representation in civil proceedings. Some conclusions can be used during lectures and seminars on the subject of civil procedure law.


Author(s):  
Vera Iliukhina

Based on the positivist approach to consciousness the law principle, the classification of the principles of Russian civil procedure law is clarified. The principles of civil procedural law of the Russian Federation are understood as the basic provisions of the civil procedural law branch, enshrined in the Constitution of the Russian Federation and (or) the Civil Procedure Code of the Russian Federation. Depending on the source of consolidation, there are three types of normative principles of civil procedure law: 1) constitutional principles of civil procedure law, duplicated in the Civil Procedure Code of the Russian Federation; 2) constitutional principles of civil procedure law that are not duplicated in the Civil Procedure Code of the Russian Federation; 3) branch principles of civil procedure law, reflected in the Civil Procedure Code of the Russian Federation. The first group includes 12 prin-ciples, the second – 7 principles, and the third – 2 principles. In contrast to the previously proposed approach to the principles of civil procedure law in our classification, the number of principles included in the first and second groups is expanded. In particular, the first group includes the principle of le-gality, the principle of guaranteed protection of human and civil rights and freedoms, the principle of respect for the individual's honor and dignity, the principle of the individual's freedom and inviolability, the principle of secrecy of correspondence, telephone and other conversations, postal, telegraphic and other messages, the principle of home inviolability, the principle of freedom from the obligation to testify, and the principle of administering justice only by the court. We put forward the position that some of the nor-mative provisions of the Code of Civil Procedure are not the initial, funda-mental ideas of civil procedure law.


2017 ◽  
Vol 7 (2) ◽  
pp. 73-111
Author(s):  
M.R. Zagidullin ◽  
◽  
I.V. IReshetnikova ◽  
R.B. Sitdikov ◽  
◽  
...  

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


2020 ◽  
Vol 4 ◽  
pp. 72-76
Author(s):  
Yu. R. Sirazitdinova ◽  

By comparing the article, some questions of proof and evidence are examined in the Code of Civil Procedure of the Russian Federation, agribusiness of the Russian Federation, CAS of the Russian Federation. An attempt has been made to develop proposals for amending Articles 62 and 122 of the CAS RF.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


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