The presented work is devoted to the study and disclosure of the essence of litigation investment as a tool to overcome financial barriers to access to justice, as well as to the consideration of the possibilities and ways of implementing this institution in Ukraine. Litigation investment is proposed to be considered as a mechanism in which one party (investor), which is not the subject of disputed legal relations, assumes the burden of full or partial coverage of the legal costs of a person – a participant in the dispute (recipient), who is not able to pay them on his own and, in case of resolution court case in favor of such a person, is entitled to a financial reward. Based on an analysis of the experience of other countries that have introduced litigation financing tools, a review of the most common models and schemes of litigation investment has been carried out. Based on the results of the study, the point of view was expressed that the introduction of the institution of litigation investment in Ukraine has its own prospects, however, it requires the preparation of an appropriate legal ground, both at the level of substantive and procedural law. In particular, it is considered necessary to legislate in the civil legislation the construction of a separate contract - an agreement on the financing of legal costs. Along with this, it is noted that it is necessary to reform the procedural legislation, at least in the following directions: 1) provision in procedural codes for the possibility of financing court costs by a third, uninterested party; 2) fixing the structures of "success fee" and "conditional fee"; 3) introduction of the class action structure.
The presented research is devoted to the theoretically and practically relevant issue of consideration of exemplary cases by the Supreme Court as a separate procedural tool for ensuring the unity of judicial practice. The purpose of the article is to develop the existing doctrinal views on the problems of functioning of the outlined institute and search for ways to improve the relevant procedures within the national procedural system. Achieving the set goal became possible thanks to the use of a complex of scientific research methods, in particular, dialectical, analysis and synthesis, structural-functional, formal-legal, formal-logical, comparative-legal, etc. Along with the analysis of the legislative categories "typical case" and "exemplary case", the features of such cases, a thorough description of the procedure for consideration of exemplary cases within the special administrative proceedings. The following stages of exemplary proceedings are distinguished as: submission of the case as exemplary; opening proceedings in a exemplary case and publication of a relevant announcement; consideration of the case and adoption of a exemplary decision; review of a exemplary decision. It is argued that the Supreme Court's decision in an exemplary case is the primary goal of ensuring predictability, consistency and uniformity of judicial enforcement in disputes of the same type. In addition, the need to distinguish between the legal opinions of the Supreme Court, formulated in the exemplary decisions and the legal opinions of the Supreme Court, formulated in the decisions on the results of cassation review of court cases, as having a different nature. Special attention is paid to the discussion of the possibility of implementing the institution of exemplary cases in other procedural orders, in particular, civil and economic proceedings. Based on the results of the research, the opinion is supported that despite the existing skepticism among scientists and the fundamental differences in the mechanism of legal regulation of public and private relations, the specificity of some types of private relations, which are characterized by mass, and disputes within the boundaries of which become the subject of judicial proceedings, allows to single out specific typological features of the relevant cases, and therefore, there is a possibility of their exemplary consideration according to the rules of civil procedure. This primarily concerns disputes in the field of consumer protection and tort disputes. In the aspect of the latter, as one of the catalysts for the introduction of the institute under study in civil proceedings, it may be necessary to address the issue of operational protection of civil rights of victims of Russian armed aggression against Ukraine.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.