Training of legal specialists in the context of development of collective forms of judicial remedy

Abstract

Introduction. One of the collective forms of judicial remedy is a class action. The institution of a class action is a new one for the Russian legal system. Nevertheless, in foreign jurisdictions it has proven as an effective remedy for large groups of persons, providing a higher level of access to judicial protection. At the moment, this institute is only just beginning to develop and being actively used. In this connection, not only issues of scientific understanding of this institute are becoming relevant, but also training of lawyers, including those specializing in the protection of collective interests. Materials and methods. The research methodology consists of general scientific research methods: analysis and synthesis; special methods, including special legal ones: formal legal and comparative legal. Results of the research and their discussion. The paper consists of two large parts. The first part examines issues related to the analysis of existing collective forms of judicial remedy, including in particular joinder of the parties, protection of an indeterminate number of persons, insolvency (bankruptcy), derivative actions, class actions. Particular emphasis is given to the research of the institute of class actions. It is analyzed in terms of access to judicial protection and its significance for the Russian legal system. Based on the conducted analysis, it is concluded that it is necessary to train lawyers specializing in class actions among other issues. Accordingly, issues of teaching of relevant disciplines and parts of courses devoted to the use of class action tools are examined in the second part of the paper. In particular, this part of the paper is devoted to the issues of teaching methods including traditional and modern methodologies and information technology. Conclusions. Based on the results of the research and their discussion, the authors come to a conclusion that a class action occupies a very important place in the system of collective judicial remedies. This fact determines not only perspectivity of scientific research in this area, but also training of relevant specialists in the field of protection of rights and legal interests of numerous groups of persons.