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Identical Claims in Civil Procedure

ФИО студента: Dmitriy Zverev

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

The theme of the diploma - "Identical claims in civil procedure". The target of research is studying the incumbent civil procedure legislation, court practice and qualification of structure of identity of claims in civil procedure. This paper consists od introduction, three chapters and conclusion. In first chapter, different concepts of number and quality of structure of identical claims are considered and analysis of Russian Civil Procedure Code are made to define which concept is dominating. In second chapter institutes of Russian Civil Procedure Code where identity of claims are appearing are researched. Moreover, there is some court practice on thise issues. In third chapter definition and types of class action are considered on purpose to locate the place od identical claims in such group. Also, there are some offers about reforming of Russian Civil Procedure Code with the aim of establishing of class actions in Russian civil procedure legislation. According to the results, author made the following assumptions: firstly, there is a third-element system of claim (subject of claim, ground of claim and sides), what is confirmed by analysis of legal rules of Civil Procedure Code of Russia; secondly, Russian Civil Procedure Code includes some institutes , regulated by articles 134,135,209,220,222,where concept of three-element structure of identity of claims are implemented, these legal rules are confirming theory of three elements of identity of claims(subject,ground and participants),which is supported by the author; in third , we are offering to establish the legal rule of identical claims in Russian Civil Procedure Code and specially to define in particular what is the identity of claims and what is exactly is element of identity of claims.

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