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Indirect Claims in the System of Russian Procedural Law

ФИО студента: Artur Akbashev

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2019

This work is devoted to the analysis of the institution of indirect, or derivative lawsuits in the Russian civil process, because it is the mechanism that allows the participants of a legal entity can be allowed to challenge corporate transactions. Currently, indirect claims, whilst being a fully developed institution in Western European countries (primarily in France), did not become, however, a popular procedural instrument in our country, since there is a number of objective obstacles to their application by the members of the corporation, therefore, this work acquires relevance and scientific validity. Being poorly studied, the institute of indirect claims is analyzed by the author in comparison with similar derivative procedural-corporate tools existing in other foreign jurisdictions, whose positive experience may be useful for the domestic legislator. Special attention in this paper is paid to the review of the judicial practice that has developed on the issues of filing indirect claims, including those related to the system of distribution of court costs associated with the initiation and management of such cases. The author sets himself the task of finding the most adequate rule-making and legal-technical ways of developing this institute on the domestic procedural ground, referring to domestic and foreign civil law doctrine. Through civilistic doctrine.

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