Today, consideration of cases on the protection of the rights and legitimate interests of a group of persons is carried out in accordance with the use of relevant lawsuits of a public and organizational nature. It should be noted that their norms in fact are not applicable, and the institution of a class action practically does not differ from the institution of procedural complicity. It would be advisable to study this issue in more detail.
Russian model
To begin with, it should be noted that today, in almost all countries of the world, regardless of the corresponding political regime, the violation of collective, group rights, as well as the rights of an indefinite number of individuals is increasingly appropriate. So, the civil process is carried out in accordance with violations in the use of natural resources, in the consumer market or in the securities market.
Today, various mechanisms and procedures are widely known regarding judicial protection in case of violation of collective rights or the rights of an indefinite number of people. This also includes complicity, as well as public, organizational and private lawsuits. It is important to note that class actions are distributed, primarily, depending on the type of procedural and legal systems.
Class action concept
Before considering the concept directly, it should be noted that today the studied category of legal orientation is one of the most widely used institutions in relation to the protection of the rights of several individuals. So, the civil process is carried out in accordance with the filing of a lawsuit by one or more members of the group and the accompanying representation of the entire group without its direct participation in the proceedings.
The key prerequisite of the lawsuit under consideration is considered to be nothing more than a commonality of interests of quality justifying the joint production. It should be noted that V.K. Puchinsky introduced a very successful definition of the term under study. Thus, if a group of people has a similar interest in a particular business, then production can be started one way or another. In addition, it has the ability to continue if the judicial authorities do not indicate a different routine of action. This continuation is realized, as a rule, by one or more individuals or against one or more persons who, as a rule, act like the commissioners of an entire group or group without one or more of its members.
Nevertheless, today the concept and features of the consideration of class actions are issues of a debatable nature. That is why some processors consider the class action as a lawsuit in defense of the interests of numerous public groups. Others are convinced that this category is a suit of persons who reveal on their own side the requirements of a homogeneous nature. It is important to remember that the circle of these requirements directly at the time of application is usually not precisely defined, but can be formed by notifying absolutely all interested individuals. Third processors consider that a class action is a claim to protect both the interest of the subject legally protected by the law, which appeals to the judicial authorities in defense of a particular group, and the violated subjective rights of participants in a large group of people.
Additional Information
Today, it is advisable to consider a class action lawsuit as a procedural institution that allows one or more individuals to file a lawsuit to protect the rights of a group of persons or an indefinite circle of people.Its main characteristic is that the court decision necessarily applies not only to the participants in the trial itself, but also to those entities that did not participate in the process or did not know about it at all. It is important to note that at the same time, none of their group members is endowed with some advantages in the process of recovering material resources from the debtor. So, the satisfaction of the claim is carried out in relation to the whole group of persons. In other words, individual entities have the same rights and bear the same responsibilities.
It is important to add that different procedural systems use different designations in terms of the order of protection of an indefinite number of individuals. So, in the United States of America the definition of “class action” is adopted. In England, the term "class action" is used. In Ireland, the designation “multilateral process” is relevant. And in the countries of continental law, one way or another, preference is given to terminology denoting protection in relation to collective rights.
Classification Classification
Today, class action classifications are broad enough. So, in accordance with the procedural attribute, depending on the subject matter, it is customary to distinguish the following types of class actions:
- Directly related to the award. In another way, this category is referred to as a lawsuit for protecting the interests of a large group of persons relating to property complexes.
- Class actions related to the award procedure. In other words, these are statements regarding the protection of an indefinite range of entities. Derivative claims are another name for this category.
It is important to add that group awards are brought directly by the plaintiff or by several entities that represent a large group of individuals. In addition, the corresponding application is prepared according to special rules. So, the sample accompanying the lawsuit in court contains not only an appeal to the judicial authorities regarding the establishment of subjective rights of the material nature of all participants in a large group of persons. In addition, the requirement to award the defendant to the fulfillment of the substantive obligations that lie with him is appropriate. As a rule, they are associated with compensation for losses or harm in terms of all participants in an extensive group of entities.
Recognition class action
Group recognition claims are relevant directly when applying to the judiciary. What is the purpose of the plaintiff? As a rule, its main goal in this case is the formation of subjective rights in relation to participants in an indefinite circle of individuals or the rights of a joint stock company, as well as its founders, in order to fully ensure their indisputability in terms of the future. It is important to note that usually the decision of the judicial authorities on the statement of claim for substantive claims and protection of an indefinite circle of subjects is endowed with prejudicial significance. So, it creates a very favorable opportunity directly for the presentation by the participants of an indefinite circle of subjects or shareholders of the joint-stock company of personal claims for the award in the future.
The nature of orientation as a weighty criterion
As you know, the commission of unlawful actions usually entails the submission of an application to the judiciary. So, depending on the nature of the orientation, it is customary to distinguish the following claims:
- Class action lawsuits in defense of a large group of individuals.
- Class action suits against a large group of defendants.
A sample accompanying the lawsuit is drawn up directly in order to protect the interests of a large group of persons.These are, first of all, claims that are sent to the defendant, presented in actual fact for the commission of an offense and causing harm to the health of participants in a large group of persons or certain losses.
A striking example of this lawsuit of the first group can be nothing more than a statement by a resident of a city to a plant that emits chemically harmful substances that caused death or a certain disease in relation to many citizens in the atmosphere. Thus, a lawsuit is brought directly from the resident, both in defense of his own rights, and in defense of the rights of other citizens living in this territory. It is logical that the sole defendant in this case in the judicial authorities will be an enterprise that carries out illegal activities. The plaintiff will be a large group of people whose members are more or less affected by the release of chemicals into the atmosphere.
Number of plaintiffs and defendants
In accordance with the number of plaintiffs and defendants, which, one way or another, determine the characteristics of the performance in the judicial authorities of a whole group of persons, class action lawsuits are classified as follows:
- A class action lawsuit, on the basis of which a group of plaintiffs or defendants takes part in the civil proceedings, and only one entity acts as the other side. The example given in the previous chapter would be appropriate to relate to this type of claim.
- A class action suit involving several groups of individuals in a civil proceeding. That is, both the plaintiffs and the defendants act as numerous actors.
Grounds for presentation
In accordance with the grounds for presentation and categories of defendants, class action suits are classified as follows:
- A statement about the massive damage to health.
- Statement on offenses in the securities market.
- A statement about offenses in the financial market.
- Consumer Rights Statement.
- A statement regarding the unlawful nature of actions by state authorities.
- A statement regarding the illegal nature of regulations.
- Bankruptcy (economic insolvency) statement.
- Statement directly to the media (media).
- Statement of Discrimination.
- A statement directly to the employer regarding regulatory violations of a massive nature in the field of labor law.
- Application to state bodies of local self-government.
- A statement regarding a violation of antitrust laws.
- A statement directly to the fuel and energy enterprises regarding some malfunctions in the heating of the residential complex and the supply of electricity.
- Statement on transport offenses.
- Application directly to advertisers.
- Application to advertising structures.
- Statement to foreign countries.
- Statement to international bodies.
- Application directly to international associations.
Degree of certainty
In accordance with the degree of certainty of a large group of persons immediately at the time the judicial authorities decide on a civil case, class action suits are classified as follows:
- Certain class action lawsuits.
- Indefinite class action suits.
The first group includes property class actions, as well as claims against a large group of defendants. The former are highlighted in this case for the reason that the uncertain nature of the grouping of potential plaintiffs in accordance with them is considered temporary and exists only when such claims are brought before the judicial authorities.Further, according to procedural rules, the composition of the group, one way or another, is subject to judicial identification, which is mandatory. So, by the time the final private law decision is made by the judicial authorities, a large group of plaintiffs is already considered certain.
For example, in the United States of America, if the company provides false information and causes monetary losses to investors, the judicial authorities form a list of names for the affected entities. That is why the final court decision applies to absolutely every one of them. A lawsuit aimed at a large group of defendants, one way or another, involves a procedural order. In principle, it is similar to the above (an extensive group of defendants is subject to the establishment of a court, after which a final decision is issued by the judicial authorities, which applies to each of the represented entities).
Uncertain class action lawsuits include claims of a derivative nature, as well as claims for the protection of an indefinite group of persons. The second is a statement submitted to the judiciary, the final decision on which is made in relation to a large group of entities, the composition of which, due to certain circumstances, cannot be established. The corresponding decision has a public-law character. As a rule, it entails the recognition of the fact of unlawfulness in the act of the defendant, and, accordingly, the imposition by the judicial authorities of a ban on his performance of certain actions.
The nature of the claim
The final classification in respect of class actions is formed in accordance with their nature. So, distinguish between public law and private law claims. The first grouping of claims includes derivative claims, as well as claims in defense of an indefinite number of persons. It is important to note that the second, one way or another, does not provide for the possibility of property compensation for losses in respect of individual participants of an indefinite number of persons. It is interesting to add that the nature of the judicial protection afforded by them is considered public law. It must also be said that the opportunity to familiarize oneself with the property requirements of absolutely all participants in an indefinite number of persons in relation to one trial is in any case absent. These claims in the process of protecting the common interest of the subjects of this circle of people, as a rule, are not able to organize the protection of the private interests of the group members by the judicial authorities.
To private legal class actions it is necessary to include property class actions, as well as claims directly to a large group of defendants. The types of group statements of claim mentioned above are primarily procedural constructions of a private law orientation, taking into account the provision, through their common interests, of members of a large group of individuals through the protection of private interests.