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Group Litigation in Law of Russia and USA

Student: Kanzheleva Alevtina

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2018

The paper is devoted to the study of legal regulation and practice of application of the legal institute of class actions in the United States of America and group (collective) claims in the Russian Federation. The class action devise in the USA had time to prove itself as an effective procedural concept for protection of the rights and legitimate interests of a significant number of individuals in one proceeding. In addition, the use of class action also provides an access to justice to a large number of individuals and has a preventive effect on the defendants. In Russia a class action lawsuit has a smaller history of existence in civil and administrative proceedings. However, according to the massive violations of the rights and legitimate interests of individuals in various spheres observed in practice, the concept of their collective judicial protection can be widely used. The model of the group (collective) claim fixed in the current procedural legislation has largely been overlooked due to its small history of use, including in comparison with the American model, and unsuccessful legal regulation. Class action in the US is not an unshakable example for the repetition and not only because of the unique nature of the American legal system. The liberal nature of the class suit led to numerous abuses in its practical use. At the same time American experience can be used by the Russian legislators in developing an optimal mechanism for protecting the population.

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