GROUP CLAIM: THE REALITY AND POSSIBILITIES OF ADAPTATION TO THE PROCEDURAL LEGISLATION ON THE EXAMPLE UKRAINE
Journal: International Journal of Advanced Research in Engineering and Technology (IJARET) (Vol.11, No. 06)Publication Date: 2020-06-30
Authors : Yulia A. Dzhepa Vitaliy B. Boyko Mykola M. Yasynok Oksana I. Kvasha Alyona M. Klochko;
Page : 400-410
Keywords : Group claim; Adaptation; Legislation; EU integration;
Abstract
The results of the radical reform of the civil and administrative procedural legislation of Ukraine are analyzed. The inconsistency between the possible access of "indefinite range of persons" in Ukraine to justice and the real state of affairs of this issue is accented. Approaches to legislative regulation of the possibility to practice an experience of the group claims in Ukraine must be improved. The certain issues of legal regulation of group claims from the practical examples are given. The provisions of international law on these matters are analyzed. The main ways to optimize Ukrainian legislation to ensure the possibility to fix an institution of the group claims and to provide its active practical use are suggested. It turns out that the need for implementation of the institution of the group claims to the procedural legislation of Ukraine is conditioned by an increase in the public necessity at the present stage of the society functioning. This need is also confirmed by the broad perception of the institution of "group claims" in the world. "Group claims" at the international level are associated with the rapid development of economy and the expansion of urbanization, the necessity for strengthening of the control of environmental pollution, etc. The definition of the group claim is given. Based on the researches of the scientists it is concluded, that a group claim, as an independent procedural and legal phenomenon, is aimed at protecting the violated, unrecognized or challenged subjective rights and interests of a non-personified social group of individuals. The consequences of implementation of an institution of group claim are analyzed.
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