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Group Claims in Russian Proceeding

ФИО студента: Yuliya Korablyova

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

The main objection of this Graduation Thesis is to prove the necessity of group claims institute and impossibility of its replacement with other legal protection remedies. The Graduation Thesis consists of an introduction, four chapters, a conclusion and a bibliography. Chapter I elaborates the specific features of class action in common law and continental legal systems. Comparative analysis method creates a basis for investigation of group claims in Russian proceeding. Chapter II studies the author’s analysis of the collective administrative claim – the youngest institute of group interest protection, examines its pros and cons. Chapter III contains analysis of uncertain group of people protection problems in civil process. Chapter IV deals with group interest protection in arbitration procedure, studies its theoretical and practical problems. Based on this research the following conclusions were made: firstly, the missing of united and widespread definition for group claims is revealed, that’s why the author gives the common definition of “mass claims”; secondly, the positive law reformation tendency is highlighted; thirdly, the author suggests continuing reformation of legal proceeding in accordance with Conception of Union Civil Procedure Code. Based on the analysis of the problems arising from practical realization of group claims the author stressed the following concerns: the first concern refers to the legislation gaps and uncertainties during filing a collective administrative lawsuit; the second is about the absence of rules legal systematization, concerting protection of uncertain group of people in civil procedure; the third relates to the conflict between theoretical and practical objections of group claims in arbitration procedure.

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