GARANT.ru published the opinion of INFRALEX partner, Julia Karpova regarding the issues of jurisdiction of class actions
From October 1, courts of general jurisdiction will consider collective claims, although according to a survey conducted by the GARANT.RU portal in December 2018, only 45% of readers considered this initiative to be successful (Section 5, Article 3 of the Federal Law of July 18 2019 No. 191-ФЗ "On Amending Certain Legislative Acts of the Russian Federation"). At the same time, situations arise in practice when the arbitration courts refuse to accept not only collective, but also other claims with the participation of individuals due to the lack of clear criteria for referring cases to their competence.
According to the expert: “Despite the fact that the institution of class actions is provided only in the agribusiness complex of the Russian Federation, this does not cancel the general rules on jurisdiction of disputes. From our point of view, there are no grounds for applying special, special rules of jurisdiction to class actions. In any case, it is safe to say that disputes relating to personal, family, home and other needs of citizens not related to entrepreneurial activity cannot be attributed to economic disputes. ”
The full text of the article and the opinion of Yulia Karpova read the link: