CHARACTERISTICS OF THE INTEREST PROTECTED BY AN INDIRECT CLAIM

The issue of the legal nature of an indirect claim is one of the most discussed in procedure law science. This is due to the foreign origin of this legal mechanism and its theoretical complexity. At the same time, the ambiguous perception in the science and judicial practice of some aspects of the indirect claim mechanism hinders its correct application. In this regard, the article proposes to resolve the arising contradictions, based on the definition of the interests, which are protected by the indirect claim. The author critically analyses a number of scientific views on the issues under study, and proves the inconsistency of positions denying the validity of the allocation of the indirect claim institute and the existence of an independent interest of a participant in a legal entity when an indirect claim is filed. Based on the analysis of judicial practice, the author refutes the opinion about the absorption of the interests of participants of a legal entity by the interests of the latter or vice versa. He concludes that the corporation’s interest is conditioned by the interests of its participants, as well as that the plaintiff in indirect claims has an independent legal interest in the outcome of the case and, as a result, a substantive interest in the process.