Taking interim measures on a claim. Features and procedure for imposing interim measures in the courts

During the trial of various civil disputes, there are often cases when the defendant, knowing about the claims against him, tries to hide some facts, documents or evidence in order not to be caught violating the rights of the plaintiff.

The plaintiff himself does not have the right to prevent some of these actions. But the court has the right to do this if the judge is approached with a petition to impose interim measures.

Why are interim measures needed?

Let’s say that, based on a statement of claim, a lawsuit is initiated for compensation for material damage.

The defendant in the case, in the event of a positive decision on the claim, can respond to the plaintiff’s claims with his property.

But while the court is busy, a cunning defendant can sell all his own property, transfer money to other people’s accounts, essentially declaring himself bankrupt, and there will actually be nothing to collect from him.

The plaintiff has no right to prevent the defendant from selling his property; this is his legal right. What to do in such a difficult situation?

The judge can help the case by declaring the imposition of measures to secure the claim. And the consequences of such a decision can be quite serious.

Do not underestimate the possibility of filing an appropriate application for interim measures.

How to submit a petition. Consequences of going to court

The rules for filing petitions to the court are standard. The plaintiff or interested person states his request and indicates the circumstances that forced him to make such an appeal.

Each specific situation is individual. Let's look at the most common examples.

One of the most popular interim measures is the temporary seizure of property or bank accounts. It is these interim measures that are most often mentioned in various media.

The court, during the consideration of the claim, prohibits the defendant from using that material property, which, in the event of a positive decision on the claim, can be alienated in favor of the plaintiff.

A fairly popular interim measure is a ban on performing any transactions, or vice versa, a requirement to perform a certain and necessary action.

For example, a ban on the use of a vehicle that is the subject of a civil dispute, or a requirement that the defendant ensure the safety of the property about which there are unresolved disagreements with the plaintiff.

The person filing a petition for interim measures must sufficiently substantiate his position and explain to the court why, without taking the measures in question, compliance with the law when resolving a dispute in court may be violated.

Since interim measures are related to the restriction of civil rights, a petition without sufficient justification will be rejected.

Below is a standard form and a sample request for interim measures, a version of which can be downloaded for free.

The imposition of interim measures when applying to a civil court is in most cases necessary, since it guarantees the plaintiff to satisfy his property claims.

After all, he has to worry about whether the defendant will be able to reimburse the expenses caused by his actions. Will recovery become impossible due to the fact that the property, the right to which is being disputed, will pass to another owner.

Unfortunately, quite often there are cases where, intentionally or not, the defendant becomes insolvent.

In this article:

Interim measures - a guarantee of securing a claim

The institution of interim measures is called upon to correct this situation. Such measures include a whole range of actions that can ensure if the claim is satisfied and the execution of the court decision comes into question.

That is why security is a guarantee of the possibility, for example, of fulfilling the claims set out.

At the same time, the law does not provide restrictions on the imposition of interim measures depending on the composition of the claims. They can be applied both in the case of monetary claims and in the case of applications for recognition of rights.

Types of interim measures

Interim measures may not always be the same; depending on what exactly they will provide, the law distinguishes several types.

1. Prohibition to dispose of property. This measure has a name that reflects its essence - seizure of property. In this case, this property may be owned by both the defendant and other persons.
2. Prohibition to perform certain actions. When imposing this measure, it is clearly formulated exactly what actions the defendant should not perform.
3. Prohibition of certain actions in relation to property. Such measures are highlighted as a separate type, since they are addressed not to the defendant, but to other persons. The property in respect of which the prohibition applies must be the subject of the dispute.

There are also measures that are applicable in certain categories of claims.

Thus, when challenging a recovery under a writ of execution, a suspension of recovery should be imposed on a person as an interim measure, and if there is an application for the release of property from seizure, a suspension of the sale of property is permissible.

With a fairly clear formulation of the list of types of interim measures, the law does not exclude the possibility of using others, which must be chosen in accordance with the current situation.

Imposition of interim measures in civil proceedings

Interim measures must be applied on the basis of a corresponding application from the plaintiff or other persons interested in resolving the dispute, as well as the prosecutor if he is involved in the process.

It can be stated in the pleading part of the claim or issued as a separate document, such as.

If there is no time to write, you can exercise the right to declare the seizure of property for purposes during the trial; in this case, the petition must be recorded in the protocol.

The application for the imposition of interim measures is considered after its receipt on the same day and, based on the results of its consideration, a determination is made. The validity of the accepted guarantees of the claim begins immediately, in connection with which the applicant is issued a writ of execution.

Sample application for imposition of interim measures

An example of a petition for interim measures - seizure of property, you can download below.

To the Zamoskvoretsky District Court of Moscow
115184, Moscow, st. Tatarskaya, 1

Plaintiff: Vasiliev Ivan Petrovich
Moscow st. 1st Dubrovskaya 54 sq. 16

Defendant: Puzikov Dmitry Mikhailovich
Moscow, st. Novokuznetskaya, 161 sq. 75

Statement
on taking interim measures

A civil case is pending in court regarding my claim against the plaintiff I.P. Vasiliev. to the defendant Puzikov D.M. on debt collection under a loan agreement.

In accordance with Art. 139 of the Code of Civil Procedure of the Russian Federation, at the request of the persons participating in the case, the judge may take measures to secure the claim in any situation in the case, if failure to take measures to secure the claim may complicate or make it impossible to enforce the decision.

The dishonest behavior of the defendants, who received money from me without my knowledge and are evading their return, gives reason to believe that failure to take measures to secure my claim at the present time may complicate or make it impossible to enforce the court decision.

According to Art. 140 of the Code of Civil Procedure of the Russian Federation, one of the measures to secure a claim is the seizure of property belonging to the Defendant and located in him or other persons.

Based on the above and taking into account the provisions contained in Art. Art. 139, 140, 141 Code of Civil Procedure of the Russian Federation, I ask the court:

1) Take measures to secure the claim in the form of seizure of property belonging to the defendant, registered at the address: Moscow, st. Letnikovskaya 18 apt. 78 within the limits of the stated claims in the amount of 3 million rubles.

2) Prohibit him and other persons from making transactions for the alienation of movable and immovable property belonging to him, suspending state registration of the transfer of ownership of real estate belonging to her and transactions with the said property.

Detailed instructions on how to independently submit an application for interim measures with an example application.

Why are interim measures needed?

Then, in order to increase your chances of enforcing a court decision and prevent the debtor from taking away his valuable property, through which you can either influence him with arrests and bans on registration actions, or collect the debt. It's no secret that legal proceedings can last for several months (or even years). The entry into force of a court decision also takes, at best, 1 month, which gives the debtor enough time to prepare for a meeting with the bailiffs.

What interim measures can be applied to my debtor?

In cases considered by courts of general jurisdiction, the following types of interim measures are provided (Article 140 of the Code of Civil Procedure of the Russian Federation):

• seizure of property belonging to the defendant and located in his or other persons’ possession (including the seizure of funds in the debtor’s bank account and amounts in the bank’s correspondent account received in the debtor’s name);
• prohibiting the defendant from performing certain actions;
• prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
• imposing on the defendant and other persons the obligation to perform certain actions related to the subject of the dispute about the violation of copyright and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the network “ Internet";
• suspension of the sale of property in the event of a claim for the release of property from seizure (exclusion from the inventory);
• suspension of collection under a writ of execution contested by the debtor in court.

If necessary, the judge may take other measures to secure the claim not listed in this list, or use several measures simultaneously.

How to choose the right interim measure?

It all depends on the specifics of your dispute and the goal that you want to achieve by introducing interim measures. For disputes about the collection of funds, arrests of the debtor’s property or prohibitions on registration of real estate, cars, and funds in bank accounts are suitable. If you require the debtor to transfer specific property, it is logical to prohibit him from taking any actions to alienate it. You can come up with your own version of interim measures that are not directly provided for in the Code of Civil Procedure. For example, in my practice I have encountered an interim measure in the form of a prohibition from the Federal Tax Service to carry out state registration of the liquidation of a legal entity against which a claim was filed (at the time the claim was filed, the company had already made a decision to liquidate). Please note that judges are generally wary of non-standard interim measures. An application to apply such a measure must be properly justified.

How to find the debtor's property for imposing interim measures?

To impose interim measures, you do not have to indicate specific property that is owned by your debtor. You can ask the court seize any property of the debtor for the amount of their claims. In this case, the bailiffs themselves will go to the debtor and select the property to be seized.

Unfortunately, in practice, not all judges agree with this option of interim measures (despite the fact that it is mentioned in paragraph 40 of the resolution of the Plenum of the Supreme Court No. 50 of November 17, 2015). In the case of interim measures, it is important for the claimant (plaintiff) that they be taken as soon as possible. Therefore, if the judge does not agree to this option, and you know about the debtor’s specific property (car, apartment, dacha, accounts in specific banks), it is better to indicate information about it in your application and demand that it be seized.

If you do not know what your debtor owns, you can ask the court to send inquiries to the registration authorities, banks about the availability of property/bank accounts. Once the court receives a response to the request, you will be able to request in your application the seizure of specific property. This option is not recommended, since it does not allow promptly obtaining a determination on the imposition of interim measures. Perhaps you should talk to the judge in person and try to explain your position and the need for interim measures with this defendant.

What grounds should there be for imposing interim measures?

The main basis for securing a claim, according to Art. 139 Code of Civil Procedure of the Russian Federation: Failure to take measures to secure the claim may make it difficult or impossible to enforce the court decision. That is, you need to prove to the court that without interim measures you will not be able to receive the awarded money or property, or it will be much more difficult to do so than with interim measures.

Another important condition for taking interim measures is their proportionality the requirements stated in the claim. That is, the court is unlikely to agree to arrest the apartment because of a debt of 10 thousand rubles. In addition, when taking interim measures, the court may require the plaintiff to provide security for possible losses for the defendant.

When can I apply for interim measures?

You can do this at the same time as filing a claim or at any time during the court hearing.

How to impose interim measures: procedure

1. Preparation.

We collect a package of documents:

• application for securing a claim - according to the number of persons participating in the case + 1 copy. for court;

• evidence that confirms that without these interim measures, the decision will be much more difficult or even impossible to enforce. You can use, for example: a printout from the Enforcement Proceedings Data Bank confirming that the defendant has other debts, a printout of data from court websites, incl. arbitration, with a list of claims brought against the defendant. If you are lucky enough to find court decisions indicating attempts to steal property by the debtor, it will also be an excellent attachment to your application;
• a copy of the representative’s power of attorney - if the application is signed and submitted by the representative;
• information about whether the debtor has specific property - if you know what exactly the debtor owns.

2. Submission.

The best way to file a claim is in 2 ways:

• in person through the court office (bring an additional copy of the application to mark receipt);
• through the Internet . The application must be signed with an enhanced qualified electronic signature.

Sending applications for interim measures by mail is not recommended, as this delays the process of their acceptance. If you are unable to submit your application in person and do not have an electronic signature, use a courier service.

3. Consideration.

The court must make a decision on your application during the same day, when it came to court. No one, neither you nor the defendant, is called to consider the application. Check the status of your application in person or by phone. Immediately receive a ruling and a writ of execution and try to promptly transfer them to the body that is responsible for the execution of the interim measures introduced in your case.

4. Execution.

The court's ruling on interim measures is carried out immediately by virtue of direct instructions in the law (clause 1 of Article 142 of the Code of Civil Procedure). The execution of the court ruling on interim measures is carried out by:

• Bailiffs - upon seizure. See the procedure for presenting a writ of execution to bailiffs. The arrest is made with the participation of witnesses and is accompanied by the drawing up of an act of seizure (inventory of property). The bailiffs will have to fulfill the requirements specified in the writ of execution on the day the writ is received by the department or no later than the next day (if there are reasons beyond the control of the bailiff).
• Banks - by seizing accounts.
• Rosreestr - on arrest, prohibition of registration actions on real estate.
• Traffic police - on arrest, prohibition of registration of vehicles.
• Federal Tax Service - on the prohibition of registration actions with legal entities, incl. shares in LLC.

The court itself sends data on the adoption of interim measures to the registration authorities. Be sure to ask the clerk and assistant judge when they sent the order on interim measures.

What else is important to know about interim measures?

1. You can file an application to secure a claim as many times as you like, even after a refusal. If you didn’t succeed in getting interim measures taken the first time, take into account your mistakes and try again. According to the law, you have the opportunity to file a private complaint against the court’s decision to take interim measures, but it is more expedient and faster to simply file a new application.
2. You can replace some interim measures with others. It makes sense to do this if the initial interim measures have become ineffective. Replacement of interim measures is carried out in the same manner as their imposition, i.e. through filing an application. Please note that the defendant also has the right to ask the court to replace interim measures, including by depositing the amount you require into the court account.
3. If your case is being considered by an arbitration court, you can apply to a regular court to impose interim measures. An application for securing a claim is submitted to the court at the location of the arbitration court, the location or residence of the debtor or his property.
4. In case of refusal to satisfy the claim the defendant may demand damages from the plaintiff, which were caused to him as a result of the adoption of interim measures imposed at the request of the plaintiff.

When are interim measures lifted?

• If the claim is rejected - as a general rule, after the court decision enters into legal force.
• If the claim is satisfied - after the execution of the court decision.
• In other cases - as determined by the judge. The question of canceling interim measures may be raised by the court on its own initiative or at the request of one of the persons participating in the case. To consider the issue, a court hearing is scheduled and the participants in the process are notified, but the court can make a ruling on interim measures even if they fail to appear.

Peculiarities of taking interim measures in arbitration court

An application for interim measures is paid with a state fee (3,000 rubles, you must attach a document confirming payment). The APC provides for the following types of interim measures in addition to those prescribed in the Code of Civil Procedure:

• imposing on the defendant the obligation to take certain actions in order to prevent damage and deterioration of the disputed property;
• transfer of the disputed property for storage to the plaintiff or another person.

A request to secure a claim can be set out in a statement of claim, but it is better to file it a separate document so that the court does not accidentally miss your petition. For a list of mandatory information that must be provided in the application, see Art. 92 Arbitration Procedure Code of the Russian Federation. You can submit an application signed with an enhanced qualified electronic signature through the “My Arbitr” system. The judge must consider it no later than the next day without calling the parties. If you provide countersecurity (Article 94 of the APC), the court does not have the right to refuse to take interim measures. There is also the possibility of taking preliminary interim measures before filing a claim (Article 99 of the APC).

What to read about interim measures?

• Articles 139-146 of the Code of Civil Procedure of the Russian Federation (for cases considered by courts of general jurisdiction).
• Articles 90-100 of the Arbitration Procedure Code of the Russian Federation (in cases considered by arbitration courts).
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings.”

Interim measures are a kind of guarantee fulfillment of obligations if the stated claims are satisfied by the court.
Any party to the case may file an application to secure a claim at any time during the consideration of the case, even along with filing a claim in court.
The judge considers the received application individually and issues a ruling on the same day.
If the determination is satisfied, the determination to take interim measures is subject to immediate execution.
However, the second party has the right to appeal it by filing a private complaint within fifteen days from the date of its issuance, while the execution of the ruling is not suspended.

Interim measures include:

1. Overlay seizure of property belonging to the defendant.

Seizure can be imposed on all types of real estate, vehicles (air, water), bank accounts. This type of interim measure means that the defendant will not be able to sell, pledge, donate, exchange, etc. movable and immovable property that has been seized. Seizure also helps ensure the safety of property if it is the subject of a dispute.
At the same time, it is recommended to attach documents confirming that the item actually belongs to the defendant to the petition for seizure.

2. Prohibition on the defendant to perform certain actions.

This measure is precautionary in nature. The legislation does not provide a complete list of actions that may be prohibited, since, due to their diversity, it is impossible to predict and list them. All of them are based on the individual characteristics of the subject of the dispute.
If the claim is about ownership of a plot of land, then you can petition to prohibit the defendant or plaintiff from carrying out construction on this plot, since the right to the land has not yet been secured.
Or the wife, knowing her husband, is sure that he may try to hide from paying child support abroad, in which case she can ask the court to prohibit him from leaving the Russian Federation.

3. Prohibition on other persons to perform certain actions related to the subject of the dispute.

As in the second case, this is one way to ensure the implementation of the court's decision.
You can prohibit third parties from transferring something to the defendant, or from contacting him in any way.
Whether a petition for a particular ban will be granted will depend solely on the circumstances justifying the petition (including supporting documents) and the opinion of the judge.
At the same time, in the ruling the court must clearly state which specific actions are prohibited from being performed, during what period or until what point in time.

4. Request to suspend the sale of property in case of filing a claim for the release of property from seizure.

5. Request to suspend collection under a writ of execution, which is being challenged in court.

Both of these cases concern the right to retain property, belonging to the debtor by right of ownership. This applies to those cases when a person did not know that a court decision had been made against him, enforcement proceedings had been initiated, his accounts had been seized, his apartment was being sold at auction, and he was deprived of the opportunity to protect his legitimate interests.

In addition, measures to secure a claim must be proportionate to the stated claims. For example, if the subject of the dispute is a share in an apartment, then the entire apartment cannot be seized; the seizure is imposed only on the share that is the subject of the trial. Although, in fact, a person will still not be able to do anything with the entire apartment if only a share in it is seized.
Or, if a demand is made for the recovery of 150,000 rubles, then the defendant’s bank account can be seized only within the limits of 150,000 rubles, but not the entire amount in the account.

The adoption of some interim measures in the case does not prevent the adoption of other measures Thus, in the same case, several arrests or prohibitions on committing different actions may be imposed.
In addition, the law allows for the replacement of interim measures previously taken by the court with others. An additional application to this effect should be submitted to the court.
Also, in claims for the recovery of funds, the defendant has the right to ask the court to remove the seizure from his bank account and deposit the disputed amount of money into the court account.

Removal of interim measures

A separate application must be submitted for the removal of interim measures when the need for them has ceased or the measure taken by the court prevents the execution of the court decision. Often, the courts immediately make a ruling on the removal of interim measures when making a decision on the case, while interim measures are maintained until the court decision enters into legal force.
When considering an application for the removal of interim measures, the court schedules a meeting, of which the persons participating in the case are notified, but their failure to appear is not an obstacle to the consideration of this application.
If the claim was refused, the defendant against whom interim measures were taken has the right to demand from the plaintiff compensation for losses caused by these measures. To do this, a statement of claim is filed, which will be considered separately from the original claim.
A private complaint may be filed against a court ruling to cancel security for a claim or to replace some measures to secure a claim with other measures, and the execution of the court ruling is suspended.

If you are faced with the need to impose or challenge interim measures necessary for the implementation of your property rights in the city of Balashikha or the Balashikha region, a qualified lawyer is ready to assist you in drawing up claims, complaints, petitions, applications and the full range of legal support you need. Get an initial consultation

Securing a claim when resolving civil cases in courts of general jurisdiction is used quite widely. The meaning of this legal institution is that after adoption, there is a real opportunity to implement it. That is, interim measures are a guarantee of the fulfillment of the plaintiff’s material claims, established in the event that his claims against the defendant are satisfied.

The initiator can be the following parties: plaintiff, interested parties and prosecutor

It is no secret that some citizens, having learned about a lawsuit filed against them, are in a hurry to take a number of actions in order to remove their property from the threat. , car - are given or fictitiously sold to relatives, money is withdrawn from accounts, other property is sold or transferred to third parties.

With such dishonest behavior, the likelihood of real satisfaction of the plaintiff’s material interests is reduced (of course, if his demands are legal and the court determines this). The Civil Procedure Code of the Russian Federation regulates relations related to the basis, procedure for imposing and application of interim measures in civil proceedings.

It must be said that interim measures are used in both criminal and criminal cases, but when resolving legal disputes with the participation of individuals (not entrepreneurs), this legal institution has its own characteristics.

Grounds for applying measures to secure a claim

In fact, securing a claim represents the actions of the judge (court) who accepted the case for proceedings (consideration), caused by the need to take measures for the subsequent execution of the award decision. The initiator of the introduction of security measures can be:

• plaintiff (one who went to court)
• prosecutor
• interested parties, including those who do not make their own claims

Unlike a judge, who on his own initiative cannot decide to secure a statement of claim, interested parties have this right. These persons may be, for example, representatives of authorities, parents (legal representatives) of minor children and other persons.

The first step is submitting an application

The main (and only) reason for introducing security measures is the conviction that if these measures are not taken, this will subsequently complicate (or even make it impossible) the execution of the court decision. To ask the court to order certain security measures (if this was not done in the statement of claim itself), you must write a petition or.

Moreover, such a document can be submitted at any time from the acceptance of the case by the court until the decision is made (in arbitration proceedings, when considering cases between business entities, such a petition can be submitted before the start of the case). The application (petition) must indicate:

1. subject of the claim, amount of claims
2. what measures the applicant requests to apply
3. justification for the introduction of interim measures

As a rule, it is enough to name as a basis the fear that the defendant, through his actions, will contribute to reducing his income, which will negatively affect the execution of the court decision. Features associated with interim measures are:

1. the application is considered by the court on the day it is accepted, and the decision comes into force immediately, in order to preserve the property inviolable
2. notification of the defendant and other persons is not required
3. issued to the applicant immediately (for transfer to bailiffs)
   compliance with the principle of proportionality, that is, measures should not significantly exceed the amount of the plaintiff’s claims

The last feature is very important, because with a claim of 10 thousand rubles. It is unreasonable to seize the disposal of an apartment or a car. As a rule, the courts clearly follow this principle, also because the defendant can appeal the decision, and if the measures are clearly disproportionate to the claim, he also subsequently has the right to apply for damages.

What security measures might there be?

Article 134 of the Code of Civil Procedure of the Russian Federation establishes a number of specific security measures:

• Seizure of property and (or) . Moreover, such arrest may be subject to both property held by the defendant and third parties (for example, in use, pledge)
• Prohibition on certain actions by the defendant
• Prohibition on transferring to the person against whom the claim is filed any things and (or) performing a number of actions in his favor
• Suspension of collection under previously issued writs of execution if it is disputed by the debtor (in some cases).

The listed measures can be applied either individually or together. For failure to comply with the ban on selling property and transferring it to other persons, up to 100 minimum wages may be imposed, as well as damages caused to the plaintiff.

It is interesting that not only a claim expressed in a monetary amount can be secured, but also for recognition (of a right, for example, copyright). In this case, a ban on publication of the work may be imposed. Several measures can be applied, but those not provided for in the Code of Civil Procedure of the Russian Federation cannot be applied.

The procedure for imposing measures to secure a claim and its replacement

Arbitration court

If the court has come to the conclusion about the possibility of the defendant’s actions to worsen his property situation, or about counteracting the execution of the court decision in the future, as well as about the reasonableness of the plaintiff’s stated demands, it makes a determination on measures to secure the claim, and immediately transfers (forwards) the bailiff for work. At the request of the plaintiff, such a determination may be transferred to him.

In the event that an application requesting the introduction of security measures is submitted along with the claim, it is considered when the latter is accepted for proceedings. In this case, the effectiveness of the measures is higher, since the defendant, as a rule, is not yet aware of the requirements for him and has not taken measures to worsen his situation. When a court ruling is made to secure a claim, a number of procedural actions follow:

• the determination is sent to the defendant
• immediately reported to the authorities exercising property and rights to it
• banking institutions where the defendant may have deposits and accounts are notified
• if property that is not in the possession of the defendant is subject to seizure, the bailiff takes measures to search for this property

A person against whom a civil claim has been filed and interim measures have been introduced has a number of procedural rights, in particular, to replace one measure with another. According to his application, the court has the right (and often does so) to replace, for example, the seizure of real estate with the seizure of other property. The criterion here, again, is proportionality. It is also possible to replace interim measures with depositing money with the court (the amount of money is equal to the amount of the claim).

The court ruling to replace the measures is adopted on the day the application is filed and comes into force immediately. The replacement of interim measures is an important guarantee of the rights of the defendant, who receives the opportunity to dispose of the property he needs.

When security measures end

The protection of the interests of the plaintiff and the protection of the rights of the defendant provides for a procedure for securing a claim

Removal of security restrictions is possible if they are canceled by the court in the following cases:

• Refusal of the claim. The entry into force of the decision to reject the claim is the fact that terminates the interim measures. In practice, often bodies such as Rosreestr and the State Traffic Safety Inspectorate require, in order to lift restrictions, in addition to a court decision to reject a claim, a ruling on the removal of these measures.
• Cancellation upon application of the person who applied for them. Indeed, the plaintiff or third parties may exercise the right to cancel security measures if the conditions that served as the basis for the introduction of security measures have changed.
• The claim was partially satisfied. In the remaining part, the preservation of measures remains at the discretion of the court (taking into account the specific situation).
• When the proceedings in the case are suspended, the seizure of the property is not automatically lifted, but is considered by the court individually.

Regardless of the decision made based on the results of the consideration of the case, the Code of Civil Procedure of the Russian Federation provides for the filing of a private or protest against its decision. Moreover, even a protest brought by the prosecutor does not suspend the execution of the arrest ruling, unlike a protest brought by a citizen, or his private complaint against a ruling to replace some measures with others.

The procedure for securing a claim, existing in Russian civil proceedings, provides for both the protection of the interests of the plaintiff and the observance of the rights of the defendant. The legislation allows the latter to receive compensation for losses, if any, after the cancellation of the introduced measures. True, if the measures were introduced at the request of the prosecutor or authorities, they are not carried out.

About what security for a claim is, what types of interim measures are provided for by law, and how to apply for security for a claim - in the video: