ГРУППОВЫЕ ИСКИ В ГРАЖДАНСКОМ ПРОЦЕССЕ: ВОПРОСЫ ПРАВОПРИМЕНЕНИЯ

Abstract

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.