The Problems of Class Action Jurisdiction

The purpose of the study is to identify and analyze the problems of cross-system and intra-system jurisdiction of class actions. The article notes the lack of a unified approach to determining the intersystem jurisdiction of class actions in the judicial practice of arbitration courts. The article also analyzes some issues of class action jurisdiction determination in the situation when the group includes both business entities and citizens who do not have the status of individual entrepreneurs. The algorithm of procedural actions is proposed in cases when such circumstances are known before the initiation of the process and during the consideration of the case. The problems of generic and territorial jurisdiction of class actions are considered. Conclusions. As a result of the research, the author concludes that the general rules of the competence distinguishing between arbitration courts and courts of general jurisdiction should be used to class actions. If the group includes citizens who are not engaged in entrepreneurial activity, along with the subjects of entrepreneurial activity, then the consideration of such case should be held in the court of general jurisdiction (regardless of the possibility of severance of the group members claims from the case). Taking into account the potential complexity of group proceedings and the high probability of changes in the claim value during the consideration of the case, the author suggests that the group proceedings should be completely excluded from the magistrate's jurisdiction. The author concludes that the rules of exclusive jurisdiction established for certain categories of cases (disputes over real estate rights, corporate disputes, etc.) have priority over the rule of class actions exclusive jurisdiction of the defendant's residence court.

class action, collective claim, jurisdiction of class actions