Representative actions in Russia (original) (raw)
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Elisabetta Silvestri and Dmitry Tumanov UPDATES ON COLLECTIVE REDRESS LITIGATION: NEWS FROM ITALY AND THE RUSSIAN FEDERATION // International Journal of Procedural Law, Volume 10 (2020), No. 2, 2020
Elisabetta Silvestri and Dmitry Tumanov UPDATES ON COLLECTIVE REDRESS LITIGATION: NEWS FROM ITALY AND THE RUSSIAN FEDERATION // International Journal of Procedural Law, Volume 10 (2020), No. 2 Revue internationale de droit processuel, 2020, n° 2 Th e topic of collective redress is highly debated worldwide. Th is essay outlines the structure of representative actions in two legal systems that have recently reformed their rules on the subject – Italy and the Russian Federation. In both countries, the eff orts of the legislators do not seem to have brought about positive results, since the procedure is not effi cient and, for a variety of reasons, does not seem able to off er real chances of satisfactory protection to the rights of a group of individuals equally harmed by unlawful conduct. It will be interesting to see whether the implementation of the new rules by the courts will expose the main defects of the legislative schemes and persuade the legislators to lay down new reforms that are truly able to make the aggregation of individual claims easier and more eff ective.
Journal of Eurasian Studies, 2017
Keywords: collective actions advocacy legal ethics lawyer associations quality of law enforcement system violations of the rights of defendants A B S T R A C T We analyse the profession of criminal defence lawyers (" advocates ") in Russia to understand their potential for collective action in an imperfect institutional environment. In 2013, we conducted a survey of 372 advocates in 9 regions of Russia. The following two main hypotheses are tested: (1) lawyers with strong ethical values have a higher demand for collective action; and (2) the negative experience of clients' rights violations by law enforcement officers can motivate advocates to support the foundation of a strong professional association. We suggest that an advocate's profession with bona fide members at the core could be an instrument to evaluate and to improve the quality of law enforcement in Russia.
Why No Class Actions in Europe? A View from the Side of Dysfunctional Justice Systems
In Europe, collective redress is increasingly becoming a popular topic, both for learned scholars, and for international organizations. But, the optimistic wave of pro-collectivist procedural activism needs to have a reality check. This paper will point to a few reasons why it is not likely that class actions and similar forms of collective (aggregate, multi- party) litigation will ever develop into a serious procedural vehicle in a number of European countries. The primary focus of the analysis will be the institutional and organizational (in)capacity of the European civil justice systems, particularly in the (not so small) number of countries that experience difficulties with the efficiency and quality of their judiciaries. Some typical difficulties with the introduction of various forms of collective litigation (very modest ones, indeed) will be illustrated in the example of Croatia and its association suits (Verbandsklagen) in the area of consumer protection and anti-discrimination. In conclusion, it will be questioned whether the very intentions of the introduction of collective redress mechanisms are clear and well thought out, and whether they, to the extent that they are clear, have the capacity to satisfy those intentions.
// An article highlights questions of public interest, its impact on justice and organization of public justice. It shows an influence of courts’ of justice activity on defence of public interest, emphasizing that due to this activity an interest of one or another social group could be recognized essential by the rest of the society. An author concludes, that through legal proceeding a public interest may be defended either in case of assertion of rights of a single person (however in this case public interest is not a subject of defence) or when a public interest is considered to be a subject of defence. In this regards an article raises some variants of its defence by a court, in particular public suits. The article analyzes (primarily) Russian legislation.
2021
This book considers the process of legal modernization in Russia from the development of the mechanism of complaints addressed to the authorities from the pre-revolutionary period to today. It analyzes wide-ranging data and sources, collected over 17 years, such as legislation, in-depth interviews, archival materials, original texts, and examples of different methods of complaints in Soviet and contemporary Russia. Being marginal to the legal system and almost invisible for researchers of legal development, the complaint mechanism has functioned as an extremely important way of restoring justice, available to the majority of people in Russia for centuries. It has survived several historical gaps and, in a sense, acts as a thread that stitches together different eras, coexisting with the establishment and modernization of legal institutions, compensating, accompanying, and sometimes substituting for them. The research covers a period of over 100 years, and shows how and why at major historical crossroads, Russia chooses between full-fledged legal modernization and saving the authoritarian social contract between the state and society. This book will be especially useful to scholars researching Soviet society and Post-Soviet transformations, socio-legal studies, and liberal legal reforms, but will also appeal to those working in the broader fields of Russian politics, the history of Soviet society and justice issues more generally.
T he reconstruction of the Collective Judicial Proceeding from the perspective of the Constitutional Judicial Proceeding Model is necessary in the Democratic Rule of Law. T he overcoming of the collective judicial proceeding model based on the representative system enables its critical understanding through the participation of all those legally interested parties in building the merits of Class Action Suits. T hus, this research has the objective to present a legal debate about the problematic issue and to discuss the collective judicial proceeding untying it from autocratic and individualistic meanings. It is necessary to systematize all sparse Brazilian legislation regarding to Collective Rights with the purpose of seeking the construction of a legal system to protect the claims of diffused legally interested parties in a democratic way. Aiming at this theoretical context, we have to turn our minds to Class Action Proceedings under the critical view of the Supr emacy Clause of the Constitution in order to implement the participation of those interested parties in the decision make according to the T h eory of Class Action Suits as T hematic Action Suits. T he scientific hypothesis that will lead to the whole study proposed in this research is centered on the following issue: Does the present model of Class Actions Proceedings proposed by the Instrumentalist ideological current corroborate the paradigm of the Democratic Rule of Law? Certainly not, since the fact that Class Action Pr oceeding have been discussed under the model of representativeness, it is not enough to make feasible the direct participation of diffuse and collective interested parties in the construction of the judicial decision, whose effects of it (decision) will affect all those subjects to whom the right of participation in the debate must be garanteed concerning to all themes related to the claims initially brought before the Courts.
The introduction of class action in the Belgian legal system «L’Action en réparation collective»
2020
This article shows, from a comparative perspective, the historical development of class actions. It attempts to analyze the earliest traces of class action in the Roman tradition and the common law systems. Then it describes the introduction of class action in the European Union regulation – based on previous experiences in the world – and finally expresses the innovations settled in the new Belgian legislation with the introduction of the collective redress instrument of the action en réparation collective; in conclusion, it states some final considerations about the possible implementation of class action to defend collective interests and cope with relevant social issues.
The law and economics of class actions
European Journal of Law and Economics, 2011
More than four decades ago in The Logic of Collective Action, provided the evidence that in specific circumstances the uncoordinated action of individuals can be less efficient than coordinated action. He was essentially targeting public goods. Nonetheless, this attitude sometimes extends to different goods even though a large number of individuals have a common interest. The Olson contribution was therefore a meaningful explanation for the formation of groups and, as a by-product, for the emergence of specific institutions devoted to making coordination possible.