Interim measures and features of their adoption in civil proceedings

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Abstract

The purpose of the study is to determine the procedural and legal features of interim measures in civil proceedings. The study used basic scientific methods (institutional method, textual method in the study of legal norms, formal legal approach). In a comprehensive assessment of the system of interim measures, a comparative method and a method of intersectoral analysis were used.

Conclusions: The system of interim measures in civil proceedings is a set of legal norms regulating the relationship between participants in civil proceedings and the court to prevent potential problems in the execution of a future court decision. These rules may be contained in procedural legislation and other federal laws. Therefore, they did not receive a closed list. The court in each specific case evaluates them according to the criteria of necessity of adoption and compliance with the goals. In civil proceedings, the priority of dispositive principles applies. This allows for a broad interpretation of the system of measures to secure a claim. The sequence of actions of participants in civil proceedings and the court is the procedure for taking measures to secure a claim. The application is the only form of initiating the process of taking interim measures. However, it seems appropriate to develop the leading role of the court in preventing potentially adverse consequences that may interfere with the execution of a future court decision.

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About the authors

Evgenia V. Sagitova

Russian State University of Justice, Kazan Branch

Author for correspondence.
Email: sagitova-rgup@mail.ru

Lecturer of the Department of Civil Procedure Law

Russian Federation, Kazan

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