| Annotation |
The essence of derivative (indirect) suit is analyzed in the article; the grounds and the practice of its application are allocated. In addition, the author of the article provides the analysis of the Ukrainian legislation, judicial practice as well as the practice of the European Court of Human Rights in order to determine the possibility of filing a derivative suit in Ukraine. Grounds for filing a derivative action are highlighted. Given the decisions of the courts of the countries of Anglo-American law, the main features of indirect (derivative) suit are described. In addition, based on the conducted analyses of legislation of different countries, the general procedure for filing a derivative suit in courts is indicated by the author. At the end of the article the recommendations on the establishment of this institution are presented. |
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