COLLECTIVE SUITS: THE PROSPECTS OF DEVELOPMENT

Year: 
2018

Article:

Issue: 
2

Author(s): 
Timofeev Yuriy
Abstract: 

The article analyzes a draft law «On amendments to a number of Russian legislative acts with regard to the procedures of collective suits» prepared by the RF Department of Justice. It offers to include the rules regulating collective suits proceedings into the Code of Civil Procedure, the Code of Arbitral Procedure and the Code of Administrative Procedure of the Russian Federation. Its main idea is to consolidate the rules of Art. 42 of the Code of Administrative Procedure of the RF and of Chapter 282 of the Code of Arbitral Procedure of the RF. In the author’s opinion, such a consolidation causes contradictions in legal regulation since Art. 42 of the Code of Administrative Procedure of the RF and Chapter 282 of the Code of Arbitral Procedure of the RF are based on the incompatible concepts of homogeneity of claim and united legal action. The author welcomes the attempt to unify the procedural legislation but underlines that it is inadmissible to confuse different concepts and make distinctions between the identical legal relations.

Key words: 

civil process, arbitral process, administrative proceedings, draft law, collective suit, criteria of collective suits, collective suits requirements, united legal relation, homogeneity of claim, representative of a group

Text of the article: 
English