Институт коллективной жалобы по делам об оспаривании решений, действий (бездействия) органов власти
There are situations in which the authorities violate the rights and lawful interests of two or more individuals or organizations. However in the civil procedure legislation of the Russian Federation there are practically no rules governing the procedure for submission to the court a collective complaint to contest the decisions, actions (inaction) of bodies. The author examines the legal nature of collective complaints, as well as the prerequisites of the right to appeal to the court of two or more persons whose interests are compatible and not mutually exclusive.
This paper gives an overview of class actions in UK law and practice. The authors explain the Russian translation of the English term «class actions», the function of class actions in the UK system of collective litigation and their notable characteristics. More specifically, it looks at first two class action cases and the reasons why the claimants’ arguments were rejected by the court.
At the present stage, there is an obvious necessity of protection the rights and legitimate interests of a group of individuals. Such institutions facilitate access to justice, streamline the judicial procedure and provide an opportunity to effectively protect their violated rights to a large number of individuals affected by the actions of a single defendant. At the same time, Russian legislation has not yet found an optimal and effective model for the institute of class action. The implementation of this institute into the Commercial Procedural Code of the Russian Federation did not ensure their wide practical applicability: for example, in the first half of 2018 only 18 lawsuits were filed to protect the rights of a group of individuals. At the same time, the development of a draft law on the introduction of the institute of class actions and in a civil process continues. These circumstances provoke interest in foreign experience, in particular, the experience of states in which the institute of class action works effectively. Within the framework of this article, it is proposed to consider a mechanism for protecting collective interests in Brazil, which has been successfully operating for a long time. The article systematizes the constant problems of collective claims in Russia, summarizes the experience of Brazilian legal regulation, and compares theoretical approaches to collective claims in Russia and Brazil In conclusion, proposals are made on possible ways to improve Russian legislation regarding the regulation of class actions, including through the use of certain elements of the Brazilian legal regulation.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/