The criterion of the identity of the parties for the purposes of applying the principle of res judicata in the civil procedure of Russia and the USA

Introduction. This article examines the grounds for establishing the identity of the parties for the purposes of applying the principle of res judicata, used in the civil procedure of Russia and the United States. A comparative analysis of the conditions of identity of the parties for the application of preclusive and prejudicial effects in Russian and American law is carried out, similarities and differences in approaches to the dissemination of its effects to third parties are revealed.

Purpose. To conduct a comparative legal analysis of the conditions of identity of the parties for the application of preclusive and prejudicial effects in Russian and American law, to identify similarities and differences in approaches to the dissemination of its effects to third parties.

Methods. To achieve the above-mentioned research goal, such methods as system-structural analysis, statistical method, method of transition from a general concept to a particular one, comparative legal method, method of legal modeling were used.

Results. he Russian and American approaches to determining the identity of the parties for the purposes of applying the principle of res judicata have significant similarities. In both systems of civil procedure, establishing the identity of the parties is a prerequisite for the application of both preclusive and prejudicial effects. At the same time, both Russian and US law use a non-literal interpretation of the concept of identity and, under certain conditions, res judicata may be extended to third parties who were not involved in the original dispute. At the same time, the American regulation of identity issues is broader than the Russian one and includes a large list of possible grounds for its establishment. In particular, in the US civil procedure, the principle of res judicata is applicable to third parties who exercised de facto control over one of the parties during the dispute.

Conclusions. It is noted that the current Russian procedural legislation can be improved using the American experience in expanding the list of cases in which res judicata applies to persons who did not participate in the original case.

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