Basics and prospects of introducing the institution of class (group) action in the Republic of Kazakhstan

The paper demonstrates that at the moment it is extremely difficult to predict in which branch of law will a class action find its most efficient application. The authors display that one should proceed from the fact that the class action within the meaning of the introduced innovations is a universal defense mechanism. The paper reveals that the subordinate courts of general jurisdiction can use the implemented legal mechanism of mass justice according to the rules of civil procedure legislation in any cases (except for cases of special proceedings). The authors reveal that the class action will be relevant in consumer, labor and social disputes, in disputes on environmental protection, disputes arising from harm, disputes in the field of antitrust regulation, in disputes between participants in the securities market. The authors’ conclusions are based on the fact that in foreign jurisdictions a class action is most common among the abovelisted disputes. According to the authors, the model of class action, which is enshrined in civil procedure legislation, differs from simple complicity on the plaintiff only to a small extent and does not contain significant benefits for the group members. Within the framework of procedural complicity, the parties have the right to transfer the conduct of their case to one of the co-plaintiffs, who will become the dominus litis (“master of the dispute”), which is exactly what happens in practice nowadays. The authors refer to the established eight-month deadline for the consideration of a case as a shortcoming of group proceedings; for persons who did not participate in the case, the decision may be of res judicata nature to a small extent. The practical significance of the study is determined by the authors in reducing the burden on the judicial system and, as a result, improving the quality of litigation. This will also allow to outline social forms of increasing perception of corporate social responsibility