Provisional Measures in Commercial Proceedings

The institute of provisional measures is a special way of protecting the right, designed to ensure the effective and urgent protection of the legal interests of the applicant. Despite the existing legislative regulation of this institution, a number of significant problems arise in its practical application. The purpose of this study is a detailed analysis of the application of interim measures in arbitration courts, while giving a special role to judicial practice and statistical data. The author of the work criticizes the definition of the institution of provisional measures, enshrined in the legislation, which creates difficulty in establishing the grounds for their adoption, which is analyzed in the present work. The paper deals with the history of the development of the institution of provisional measures in Russia; separately, each type of provisional measure is considered, determining the frequency of its use. The study had been analyzed the specifics of preliminary provisional measures, the procedure for their use, cancellation and appeal of the definitions of provisional measures, established and analyzed ways to protect the rights of the person against whom provisional measures were applied.