| Abstract [eng] |
Master‘s final paper is devoted to research an institute of class action, aiming to explore the possibilities of class action regulation in Lithuania. The main goal of this Final paper is to present the options of class action regulation in the civil procedure to a legislator of Republic of Lithuania. The author of the Final paper analyses different models of class action in the first part of Final paper. The research is based on different jurisdictions, such as the USA (traditional class action), Sweden, Finland and Norway (law systems close to the Republic of Lithuania and these systems have class action regulation). Also, the research contains initiatives of the regulation of collective actions in the institutions of the European Union. The author leads to the findings that class action regulation in different countries differs a lot. Anyway, it is possible to formulate a class action definition according to goal of class action (defend the rights of the members of a group), individual right to claim, res judicata of a judgment, and efficiency, expediency and eligibility of a group claim. The author of the Final paper analyses and qualifies the initiatives of class action regulation in the Republic of Lithuania. The authors leads to the findings that the legislator’s initiative of the year 2006 is not adaptive to Lithuanian civil procedure. That is why because The law draft of 2006 retains an overwhelming connection between group action and public interest. Also, to the procedures of class action The law draft of 2006 proposed to use process abetting and there is no consolidated possibility to claim for damages. However, the legislator’s initiative of the year 2012 is valued in a very positive way. That is why because The law draft of 2012 is based on the opt-in system, it provides a clear definition of a group, the claims for damages are possible and res judicata of a judgment is based on all the members of the group. In the third part of Final paper the author proposes to adopt the institute of a class action in Lithuanian civil procedure, accepting The law draft of 2012. However, the author proposes several improvements to The law draft of 2012, which are to make a non-judicial proceeding more attractive and clear, to improve a process of appeal and the role of the group leader. In addition, there is a need to identify the arias there class action is needed most and make sure that all the weak groups of a society will have a chance to claim. In addition, there is a need to adopt safeguards to The law draft of 2012. The attachments number one and number two present the preliminary law draft of the proposal of class action regulation in the civil procedure of the Republic of Lithuania. In the end of the Final paper the author leads to a conclusion that class action is an appropriate implement to protect the rights of the classes and to get a redress in the civil procedure of the Republic of Lithuania. |
