Open AccessReforming the Institution of a Class Action in Russian Law: Selected Issues
Author(s) -
В. А. Колотов
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.116.7.068-075
Subject(s) - plaintiff , class action , class (philosophy) , civil procedure , arbitration , institution , action (physics) , political science , order (exchange) , law , set (abstract data type) , law and economics , subject (documents) , homogeneous , sociology , computer science , business , mathematics , artificial intelligence , state (computer science) , physics , finance , algorithm , quantum mechanics , combinatorics , library science , programming language
The paper is devoted to some issues associated with a class action. The subject matter of the study is relevant in light of a comprehensive reform of this institution in the arbitration procedure and the emergence of class actions in civil procedure. The author highlights that class action proceedings cannot be considered as an equal alternative to joinder. Thus, in the author’s view, along with quantitative criteria some other criteria should be used to distinguish class action proceedings from joinder. The author investigates the issue of competition between the class action and individual claims. This problem is resolved in procedural codes in different ways. The paper focuses on some problems associated with the grounds and order of replacement of the claimant representing parties involved. Taking into account that the law allows considering homogeneous claims in collective proceedings, the author concludes that it is necessary to elaborate more detailed rules relating to the case where the class action involves a set of individual claims brought by each participant.