Derivative Actions in Russian Commercial Proceedings

This graduate thesis is dedicated to the regulation problems of the derivative actions in the commercial proceedings of Russian Federation. The main objectives of this research are development and regulation analysis of the derivative actions in Russia and also problem revealing of procedural regulation of the derivatives actions and search for the possible solutions of such problems. For the purpose of thorough academic research the comparative experience of England and USA legislative will be used in this thesis. This paper consists of the introduction, three chapters and the conclusion. The first chapter provides the historical legal overview of the derivative actions formation. The second chapter explores the evolution of the derivative litigation in Russia. The third chapter is dedicated to the legal procedural regulation of the derivative actions in Russia. In virtue of the conducted research in the graduate thesis the following executive summary can be provided: (1) the derivative actions in Russia have been developing under the huge influence of common law; (2) in accordance with the current legislation the plaintiff under the derivative action is corporation and shareholder of such corporation is representative in law; (3) it is crucial to introduce amendments to Russian Civil Code or to enact the interpretation of legislation by Supreme Court of Russian Federation about the commencement of the limitation period under the derivative action.