Class actions in the civil procedural law of Russia: the problem of joining the group

Dmitry Zabrodin, Assistant Lawyer of the Law Firm "YUST"

“Laws of Russia: experience, analysis, practices”. No. 9, 2012.

The Federal Law No. 205-FZ “On amendments to certain legislative acts of the Russian Federation” dated 19.07.2009 introduced Chapter 28.2 “Consideration of the cases of protection of rights and legal interests of a group of persons” into the Arbitration Procedural Code of the Russian Federation. The Chapter was placed in Section IV “Peculiarities of proceedings in courts of arbitration on certain categories of cases”.

According to the specificity of disputes, which fall into the competence of the courts of arbitration, the sphere of application of class actions is limited to corporate disputes, disputes related to the security market activities and other economic disputes (Article 225.11 of the APCRF). However, it is obvious that the institution of class actions may also be applied to cases of other categories. Its application is much wider, which is evidenced by its frequent use in the USA and the attempts to introduce the institution in the European Union.

Class actions may arise out of different legal relations: employment, environmental protection, consumers’ rights protection, on compensation of moral harm in connection with an attempt against immaterial benefits etc. Such legal relations are beyond the scope of attention of the courts of arbitration, therefore, they should be considered by common law courts, and the civil procedural law contains no such procedure.

As we see it, the incorrect understanding of the class action is the reason for the absence of this institution in the Civil Procedural Code of the Russian Federation (the CPCRF).

First of all, class action may in no way be limited to claims of award.

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