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Protection of Rights and Legitimate Interests of the Wide Range of People in Civil and Arbitration Process

ФИО студента: Evgenia Anisimova

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2019

The purpose of the final qualifying work is to analyze and identify the problems of claims in defense of many people that are associated with the practical application of such forms of protection in civil and arbitration proceedings. The work consists of three chapters, as well as the introduction and conclusion. The Institute of joinder of parties is analyzed both in the theoretical aspect and in the framework of real law enforcement, namely, the issues of procedural status and the status of procedural accomplices, as well as the order of their participation in the proceedings are studied. The author proposes to introduce in the Civil and Arbitration Code provisions allowing to enter into an amicable agreement between some of the joinder of parties. The question of the ratio of joinder of parties and class action is revealed in Chapter II, where the author also analyzes the legal regulation of class actions in civil and arbitration proceedings, as well as the features of evidence in such claims. The author proposes to increase the number of people whose participation is necessary to initiate class action to 20. In addition, the author proposes to introduce an amendment to the Arbitration Code instructing the court to replace the representative of the participants in the class action at its discretion, if they do not make a replacement. Chapter III is devoted to the application for the protection of an indefinite number of people.The author highlights the following features of such claims: the impossibility of an amicable agreement, the separation of procedural and material plaintiffs, as well as the absence of material claim.

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