Interim Measures in the Russian Commercial Proceedings

The purpose of the master's thesis is to characterize the institution of interim measures in the commercial proceedings of the Russian Federation from the point of view of domestic legislation, scientific papers and law enforcement practice. The final qualification work consists of three chapters. The first chapter is devoted to the consideration of the legal nature of the institution of interim measures. Special attention is paid to its delimitation from other institutions of substantive and procedural law . The second paragraph of the first chapter also analyzes the mechanism for applying interim measures and its shortcomings. The second chapter explores the specifics of interim measures outside the territory of the Russian Federation . This part of the work is aimed at discussing , among other things, the extraterritorial application of interim measures on the example of an anti-suit injunction . Finally, the third chapter examines the features of specific types of interim measures that are used in commercial proceedings . According to the results of the study, the following conclusions were made: a) the institution of interim measures differs from the suspension of the execution of a court ruling, measures to secure evidence, the enforceability of obligations and astrent ; b) the current mechanism for applying interim measures needs to be adjusted; c) the actual and implementation of the rulings of the commercial courts on the adoption of interim measures outside the territory of the Russian Federation is currently difficult ; d) taking into account the general and distinctive features inherent in institutions of interim measures and anti-claims injunctive relief, we believe it is possible to consider an anti-claims injunction as a quasi-interim measure, realizing that in the classical form, this procedural institution is not an interim measure; e) the functioning of the anti - suit injunction, which acts as an analogue of the common law institution ‘anti - suit injunction ‘, outside the Russian jurisdiction also appears to be limited due to the provisions of clause 32 of the RF Supreme Commercial Court Information Letter No. 158, as well as clause 52 of the Law of the RF Armed Forces No. 23; f) each separate type of interim measure has its characteristics, predetermined by their functional purpose, which requires practicing lawyers to be attentive to the choice of a particular interim measure when applying for its adoption.