Concept "group lawsuit" as element of simple multiplicity

Abstract

In the article given to consideration an author investigates the questions related to the concept and essence of institute of group lawsuit. The article is sanctified to the actual range of problems, that is characterized by analyze in different disciplines.

The author has reached the aim -to analyze the modern situation of realization of institute of group lawsuit in the international arena and in the process of Ukraine, to consider key in legal science positions, define the features of understanding of the investigated concept at deep level. The analysis of important signs is conducted and the concept of lawsuit is set forth, dissociation is conducted from the contiguous legal phenomena.

On the basis of corresponding judicial practice and scientific theoretical base it was analyzed and systematized basic going near determination of this concept. An important conclusion is set forth that in the context of enforcement, such idea is filled with qualitatively new maintenance that answers as to national so international association.

An author investigates experience of realization of institutional class actions and possibility of his use in the judicial legislation of Ukraine, determines the features of realization.

In the article group lawsuits are examined in the system of judicial forms of defense. The set forth features of this form of defense are in the context of judicial multiplicity. In this work the row of the scientific going is investigational near determination of concept "judicial participation", investigational him legal nature. Paid attention to the questions of differentiation of contiguous judicial institutes - judicial participation and group lawsuit.

Theoretical meaningfulness of research consists in the further study of application of group lawsuit in the state, exposure of problem moments during their realization. Practical meaningfulness consists in the analysis of application in practice the courts of norms and removal of blanks in a legislation. On the whole, research meaningfulness carries complex character, combination of theoretical and practical aspects.

Realized detailed description of basic component elements of law on judicial defense at multiplicity of participants in a process, and also reasonably that this right can be realized only at presence of effective mechanism of judicial defense.