История развития и современное регулирование коллективных исков в Японии

Abstract

The author is tracing the development of collective redress in Japan beginning from feudal times till today. He comes to conclusion that Japanese lawmaker shows restrictive and cautious approach to implementing collective procedures in civil litigation. Current regulation of representative and class actions in Japan is characterised by opt-in model of member participation. In addition, the class litigation is based on the mechanism of an organisational action. Such choice of the legal construction has different consequences: on the one hand, it gives no chance to induce a private initiative in the class litigation, but on the other it has a form which is well-tested in European jurisdictions, and that makes the class action stable. The author enphasises creative basis in building an original model of the class action in Japan. It shows itself in adoption of standards of a legal regulation in this field from European countries and the Anglo-Saxon legal world. One of the realised elements of the Japanese regulation was a bifurcation, which could also be implemented in Russia. At the end of the article questions of cross-border litigation are discussed concerning the use of the class action in Japan.