The Provisional Measures in the Commercial Proceedings

The provisional measures that directed at creating conditions for execution of judicial acts play important role in protection of rights and interests of participants to the commercial proceedings. This thesis is aimed to research theoretical aspects and regulation of provisional measures in commercial proceedings by analysis of the concept, essence and types of provisional measures; consideration of grounds and conditions of their implementation; and features of acceptance of provisional measures by arbitrazh courts upon the disputes considered by Russian and international arbitration centers. The methodological basis of research consists of general scientific and special methods of obtaining knowledge, in particular, analysis, systematization, generalization, analogy, technical and historical methods. The structure of thesis includes introduction and two chapters: “General characteristic of institute of the provisional measures in the commercial proceedings” and “Acceptance of the provisional measures in the commercial proceedings”, conclusions and bibliography. The research led to a conclusion that provisional measures are imperative measures of urgent and temporary character accepted by arbitrazh court in the simplified procedure and aimed to guarantee execution of judicial acts and prevent extensive damage to the rights and interests of the applicant. Arbitrazh courts besides grounds should take into account circumstances evidencing reasonableness of acceptance of provisional measures, including rationality, connection with claims, preservation of existing relations between the parties; probability of extensive damage to the applicant in case of non-acceptance of measures and prevention of violation of public and third parties’ interests.