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Interim Measures in Civil and Arbitration Proceedings: Comparative Aspect

Student: Yuliya Safonova

Supervisor: Nadezhda D. Zheleznova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The legal institutions aimed at creating conditions for the effectiveness of justice are currently the subject of attention in the field of civil proceedings and arbitration proceedings. The purpose of this study is to conduct a comprehensive scientific analysis of the theoretical and practical aspects of the application of the institution of interim measures, to identify similarities and significant differences in the regulation of this institution in civil and arbitration proceedings, as well as to identify legal problems arising from the application of the legal institution under study and to develop ways to improve it. The object of this study is a set of social relations that develop in the process of applying interim measures in civil and arbitration proceedings. The subject of the research is doctrinal sources devoted to topical issues of the application of interim measures, the norms of the current Russian legislation and judicial practice. The paper considers the general features and significant differences of the legal institutions of interim measures in civil and arbitration proceedings. The examples of judicial practice and opinions of researchers and practitioners are investigated. The results suggest that the process of proving the need to apply interim measures is complex and ambiguous. Based on the results of the study, the author proposes ways of improving modern civil and arbitration procedural legislation in the field of application of interim measures. We hope that this study will be of interest and benefit to law students, researchers, and legal practitioners. In addition, it seems that the research results can be applied in order to develop the current procedural legislation.

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