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Preliminary Provisional Measures in Commercial Proceedings

ФИО студента: Anton Karpov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

The major problem now is the unenforceability of judicial decisions, with the result that the plaintiff did not receive adequate effective protection. One of the most urgent mechanisms of procedural law to ensure the legitimate interests of the applicant in arbitration courts is the implementation of the institution of preliminary interim measures, which is aimed at protecting rights before the direct filing of a statement of claim in the court of the first instance, guarantees the enforceability of a judicial act in the future and prevents significant damage. The existing legislative regulation of this institution is imperfect; in practice, a number of significant problems arise. Statistics show that individuals do not often turn to this institution because of its exclusivity, as well as the existing special procedure. The aim of this study is to analyze the application of the provisional interim measures in arbitration courts, to identify existing problems of enforcement, a special role while paying court practice, and statistics. The paper deals with the history of the institute of preliminary security measures in Russia, to consider every kind of interim measure, the frequency is determined by the application. The research analyzed the specifics of the preliminary interim measures, the order of their application, cancellation, and appeal of determinations of interim measures have been established and analyzed ways to protect the rights of persons against whom the interim measures applied. In particular, the author of this paper focuses on the need to respect the balance of interests of the parties in the application of the institute of preliminary interim measures, revealing problems in respect of counter-security institution designed to ensure equality of the parties in an application for adoption of interim protective measures. The study substantiates the need for further development of the institute of preliminary interim measures with the aim of effective judicial protection of the parties.

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