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Class (Collective) Actions in Russian and Brazilian Law

Student: Shaikhutdinova Aigul

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Class actions help to ensure real access to justice, because participants of a group who had suffered from an act of one wrongdoer could effectively protect their rights. Brazil is the first county in Latin America that enacted this procedural instrument by the 1985 Public Civil Action Act as “collective” actions, while Russian legislators enacted it only in 2009 as “class” actions (Chapter 28.2 of the Code of Arbitral Procedure). However, the Russian legislation on class actions was poorly drafted, leading to a lot of unresolved theoretical and practical problems. Therefore, the purpose of this project is to make a comparative analysis of class (collective) actions in Russia and Brazil. For achieving this purpose we, firstly, consider the definition of class (collective) actions and compare this institute with other procedural institutes. Secondly, we analyze the history of its development. Thirdly, we study the requirements which Russian and Brazil law sets forth for bringing a class (collective) action. Fourthly, we deal with the consequences of a judgment, especially the concept of res judicata in Brazil and Russia. Making such comparative analysis of class (collective) actions can be used as material for improving Russian legislation.

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