The Supreme Court simplifies the adoption of interim measures – Kommersant

On Tuesday, the plenum of the Supreme Court of the Russian Federation (SC) discussed a draft resolution on interim measures taken by courts in civil, arbitration and administrative proceedings. The voluminous document contains an analysis and interpretation of the established practice, collecting in itself the main approaches developed by the courts to date.

The draft clarifies certain issues related to the adoption of interim measures, for example, against solidary defendants (one can seize the property of each of them), disputes in the field of intellectual property, etc. liberal approach to the introduction of interim measures.

According to the expert, the basis for the introduction of interim measures may be the possibility of negative consequences for the plaintiff in the form of a threat of non-execution of a future judgment by the defendant, especially if there are already previously issued and unexecuted court decisions against him.

Oleg Khmelevsky, Chairman of the A1 Bar Association, draws attention to the fact that the draft provides an opportunity to appeal the court ruling on interim measures before the expiration of the appeal period, which can take a month or more. According to him, this will allow the participants in the process to respond more quickly to the situation and “increases the chances of successfully taking or canceling measures in a higher authority, which will reduce the chances of causing damage to the parties.” And when a party appeals against the cancellation of interim measures, their action is resumed until the issue is resolved in a higher court.

Based on the results of the discussion, the plenum of the Supreme Court sent the draft for revision.

Anna Zanina