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  • Consideration of Cases on the Protection of Rights and Legitimate Interests of a Group of Persons in the Commercial Proceeding

Consideration of Cases on the Protection of Rights and Legitimate Interests of a Group of Persons in the Commercial Proceeding

Student: Philippova Alexandra

Supervisor: Daniil Krymskiy

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Nowadays, the infliction of mass damage by one person’s actions is widespread. Consequently, collective forms of protection of rights are becoming highly-demanded. Traditionally, the group proceeding is established as a form of judicial protection for a group of individuals or legal entities, whose rights were violated. Nevertheless, since 2009, commercial courts have heard such an insignificant number of cases, that the application of this procedural institute cannot be assessed as effective. Therefore, the research of features of group actions, which is aimed at revealing the reasons for its inapplicability, remains relevant. Furthermore, the study of this issue is also topical due to the latest initiative of reforming the group proceeding and its implementation to civil procedure. These modifications should be based on detailed analysis of current legislation, foreign experience and scientific studies, concerning emerging problems. Initially, the procedure of filing a lawsuit to a commercial court is studied. In particular, issues relating to joining a class action, the legal status of applicants and the consequences of the waiver of the joining are discussed. Further, the second objective relates to the representation of group actions. It is dedicated to the problems regarding the competence of applicant, the interaction between the representative and other members of the group and payment for services.

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