Interim Measures and Features of their Adoption in Civil Proceedings
( Pp. 76-79)
More about authors
Evgenia V. Sagitova
Lecturer of the Department of Civil Procedure Law; Kazan Branch; Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation
Abstract:
The purpose of the study is to determine the procedural and legal features of interim measures in civil proceedings. The study used basic scientific methods (institutional method, textual method in the study of legal norms, formal legal approach). In a comprehensive assessment of the system of interim measures, a comparative method and a method of intersectoral analysis were used. Conclusions: The system of interim measures in civil proceedings is a set of legal norms regulating the relationship between participants in civil proceedings and the court to prevent potential problems in the execution of a future court decision. These rules may be contained in procedural legislation and other federal laws. Therefore, they did not receive a closed list. The court in each specific case evaluates them according to the criteria of necessity of adoption and compliance with the goals. In civil proceedings, the priority of dispositive principles applies. This allows for a broad interpretation of the system of measures to secure a claim. The sequence of actions of participants in civil proceedings and the court is the procedure for taking measures to secure a claim. The application is the only form of initiating the process of taking interim measures. However, it seems appropriate to develop the leading role of the court in preventing potentially adverse consequences that may interfere with the execution of a future court decision.
How to Cite:
Sagitova E. V. Interim Measures and Features of their Adoption in Civil Proceedings // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 5. P. 76-79. (in Russ.) EDN: BQVPUU
Reference list:
Abdullaev K.I., Tataeva S.S., Zagirov F.V. Theoretical and practical issues of application of interim measures. Arbitration and civil process. 2003. No. 12. pp. 17–24.
Abdulov I.V. Standards of evidence when taking preliminary interim measures. Arbitration and civil process. 2019. No. 3. pp. 30–35.
Alexandrov A.Yu. The problem of protecting the rights and interests of the defendant when the court applies interim measures in civil proceedings. Modern science: current problems of theory and practice. Series: Economics and law. 2022. No. 3. pp. 100–103.
Alieva G.Sh., Churakova E.N. The relationship between the use of interim measures in civil and arbitration proceedings in the Russian Federation. International Journal of Humanities and Natural Sciences. 2021. No. 4-3 (55). pp. 123–125.
Akhrameeva O.V. Unobvious obstacles in achieving the goals of using interim measures. NB: Issues of law and politics. 2013. No. 12. pp. 95–113.
Bulatskikh M.M., Shumskikh D.V. Problems of applying interim measures in civil proceedings. International Journal of Humanities and Natural Sciences. 2020. No. 10-3 (49). pp. 35–37.
Burmistrova S.A. Interim measures in the civil process: a look at the problem through the prism of the theory of legal interests. Legislation. 2019. No. 4. pp. 56–64.
Zaitsev A.V. Correlation of application of interim measures in civil and arbitration proceedings of the Russian Federation. Scientific education. 2022. No. 2 (15). pp. 187–189.
Zaitsev R.V. Problems of execution of judicial acts on the adoption of interim measures. Law. 2012. No. 12. pp. 100–106.
Kazantseva O.G., Gruzinskaya E.N. Formation and development of the institution of interim measures in Russian procedural law. Law and State: Theory and Practice. 2021. No. 4 (196). pp. 159–161.
Kleimenov A.Ya. Interim measures in civil proceedings in the USA and Russia and fundamental principles of the process. Bulletin of the Federal Arbitration Court of the Moscow District. 2011. No. 2. P. 102–113.
Ladanova A.A. History of the formation of the institution of interim measures in domestic procedural legislation. In the collection: Man, society and culture in the 21st century. Collection of scientific papers based on the materials of the International Scientific and Practical Conference. In 5 parts. Under the general editorship of E.P. Tkacheva. 2017. pp. 85–88.
Lesnikov A.S. Some aspects of the implementation of interim measures in the civil process of the Russian Federation. Trends in the development of science and education. 2021. No. 80-4. pp. 88–90.
Sagitov S.M. Special legal procedures in cases of compensation for environmental damage. Problems of economics and legal practice. 2019. V. 15. No. 4. P. 120 122.
Stelmakh A.V., Esmansky A.A. Interim measures: how to convince the court to accept them. Arbitration practice for lawyers. 2020. No. 2 (54). pp. 14 23.
Shirokov A.E.Persons who have the right to apply to the court for interim measures. Matrix of scientific knowledge. 2021. No. 11-1. pp. 209 212.
Yarkov V.V. Application of anti-suit interim measures by Russian courts: why not? Law. 2014. No. 8. pp. 84–92.
Abdulov I.V. Standards of evidence when taking preliminary interim measures. Arbitration and civil process. 2019. No. 3. pp. 30–35.
Alexandrov A.Yu. The problem of protecting the rights and interests of the defendant when the court applies interim measures in civil proceedings. Modern science: current problems of theory and practice. Series: Economics and law. 2022. No. 3. pp. 100–103.
Alieva G.Sh., Churakova E.N. The relationship between the use of interim measures in civil and arbitration proceedings in the Russian Federation. International Journal of Humanities and Natural Sciences. 2021. No. 4-3 (55). pp. 123–125.
Akhrameeva O.V. Unobvious obstacles in achieving the goals of using interim measures. NB: Issues of law and politics. 2013. No. 12. pp. 95–113.
Bulatskikh M.M., Shumskikh D.V. Problems of applying interim measures in civil proceedings. International Journal of Humanities and Natural Sciences. 2020. No. 10-3 (49). pp. 35–37.
Burmistrova S.A. Interim measures in the civil process: a look at the problem through the prism of the theory of legal interests. Legislation. 2019. No. 4. pp. 56–64.
Zaitsev A.V. Correlation of application of interim measures in civil and arbitration proceedings of the Russian Federation. Scientific education. 2022. No. 2 (15). pp. 187–189.
Zaitsev R.V. Problems of execution of judicial acts on the adoption of interim measures. Law. 2012. No. 12. pp. 100–106.
Kazantseva O.G., Gruzinskaya E.N. Formation and development of the institution of interim measures in Russian procedural law. Law and State: Theory and Practice. 2021. No. 4 (196). pp. 159–161.
Kleimenov A.Ya. Interim measures in civil proceedings in the USA and Russia and fundamental principles of the process. Bulletin of the Federal Arbitration Court of the Moscow District. 2011. No. 2. P. 102–113.
Ladanova A.A. History of the formation of the institution of interim measures in domestic procedural legislation. In the collection: Man, society and culture in the 21st century. Collection of scientific papers based on the materials of the International Scientific and Practical Conference. In 5 parts. Under the general editorship of E.P. Tkacheva. 2017. pp. 85–88.
Lesnikov A.S. Some aspects of the implementation of interim measures in the civil process of the Russian Federation. Trends in the development of science and education. 2021. No. 80-4. pp. 88–90.
Sagitov S.M. Special legal procedures in cases of compensation for environmental damage. Problems of economics and legal practice. 2019. V. 15. No. 4. P. 120 122.
Stelmakh A.V., Esmansky A.A. Interim measures: how to convince the court to accept them. Arbitration practice for lawyers. 2020. No. 2 (54). pp. 14 23.
Shirokov A.E.Persons who have the right to apply to the court for interim measures. Matrix of scientific knowledge. 2021. No. 11-1. pp. 209 212.
Yarkov V.V. Application of anti-suit interim measures by Russian courts: why not? Law. 2014. No. 8. pp. 84–92.
Keywords:
interim measures, civil proceedings, civil procedure, civil procedural law, securing a claim, measures to secure a claim, preliminary interim measures..
Related Articles
MULTI-VECTOR SCHOOL OF CIVILISTIC AND COMPARATIVE LEGAL RESEARCH Pages: 14-17 Issue №7907
BRIEF ACCOUNT OF JUDICIAL SYSTEM OF KINGDOM OF SPAIN
the judicial system
foreign legislation
The Kingdom Of Spain
constitutional basis
civil proceedings
Show more
3. CIVIL LAW, HOUSING LAW, FAMILY LAW, ENTREPRENEURIAL LAW, INTERNATIONAL PRIVATE LAW, CIVIL PROCEDURE, ARBITRATION PROCESS Pages: 117-119 Issue №3370
The deadline for submission of application for review of judicial decisions on new circumstances
civil procedural law
new circumstances
revision of judicial acts
legal certainty
the uniformity of judicial practice
Show more
12. Civil procedure arbitration procedure Pages: 262-265 Issue №13807
Development of legal regulation of notification procedure in civil and arbitration proceedings of the Russian Federation: procedural reform 2018
civil procedure
arbitration process
notice
filing of claim
documents attached to the claim
Show more
14. CIVIL PROCEDURE ARBITRATION; PROCEDURE 12.00.15 Pages: 288-293 Issue №18348
The actual issues of the judicial representation reformation in civil and arbitral proceedings
the right to judicial protection
legal representation
arbitration proceedings
civil proceedings
legal representation
Show more
13. Civil procedure arbitration procedure Pages: 244-248 Issue №15895
Court costs and its compensation in civil proceedings: concept and legal nature
court costs
liability theory
risk theory
parties to a civil case
civil proceedings
Show more
4. CIVIL LAW, INTERNATIONAL PRIVATE LAW, HOUSING LAW, FAMILY LAW, CIVIL PROCEDURE, ARBITRATION PROCESS Pages: 189-194 Issue №10864
Competition of types of legal proceedings: civil and administrative
civil proceedings
administrative proceedings
regulatory legal act
direct judicial control
indirect judicial control
Show more
4. CIVIL LAW, INTERNATIONAL PRIVATE LAW, HOUSING LAW, FAMILY LAW, CIVIL PROCEDURE, ARBITRATION PROCESS Pages: 175-178 Issue №10864
Genesis absentia (historical stages)
civil procedural law
in absentia proceedings
historical stages absentia
the plaintiff
the defendant
Show more
3. PRIVATE LAW (CIVIL) DISCIPLINES Pages: 199-202 Issue №19964
The Concept and Content of the Admissibility of Evidence in Civil Proceedings
civil procedure
proof
evidence
admissibility of evidence
means of proof
Show more
3. PRIVATE LAW (CIVIL) DISCIPLINES Pages: 190-198 Issue №19964
Summary Proceedings of Resolving Claims in Civil Proceedings
summary proceedings
civil proceedings
stages of legal proceedings
gaps in legislation
reform
Show more
10. Human and civil rights and freedoms, guarantees of their provision Pages: 132-134 Issue №9089
NOTARY GUARANTEES AS A MEANS TO PROTECT THE PARTICIPANTS OF CIVIL PROCEEDINGS
legal fact
notarial acts
civil proceedings
the trial phase
provision of evidence
Show more