Interim Measures in Judicial Proceedings in Russia

1) What conditions must be met for the application of interim measures in Russia?

According to Russian procedural rules, the court, upon application of a person participating in the case, and in cases provided by law, of another person, may take interim measures. An application for interim measures may be granted only if failure to take such measures may complicate or make impossible enforcement of the court decision. Interim measures for a claim are allowed at any stage of the process.

2) What types of interim measures can be applied by Russian courts?

Interim measures applied by Russian courts include:

(a) seizure of cash and other assets of the defendant,

(b) prohibition to perform certain actions,

(c) imposition on the defendant of an obligation to perform certain actions,

(d) transfer of the disputed property into custody of the claimant or another person,

(e) suspension of enforcement and

(f) suspension of the sale of property.

Russian court may apply other interim measures and several interim measures simultaneously.

3) What documents and evidence are required to file a motion for interim measures?

To adopt interim measures, evidence must confirm the existence of a threat to the rights or legitimate interests of the applicant. For example, evidence indicating potential harm. Furthermore, it is important to justify the urgency of applying these measures, demonstrating the risk of harm in their absence. The evidence should indicate the necessity for immediate judicial intervention to protect the interests of the applicant.

4) How long do interim measures last in Russia?

As a general rule, if the claim has been granted by the court, interim measures shall remain in force until the actual execution of the judicial act, which concludes the consideration of the case on the merits.

In other situations ( rejection of the claims, leaving the case without consideration, termination of the case proceedings, etc.) the measures remain in force until the respective final judicial act enters into legal force.

Depending on the nature of interim measures, the dispute, actual circumstances, the court may cancel the effect of interim measures when making a final judgment on the dispute's merits or at any other time at the request of a party to the dispute or third parties.

5) Can interim measures be appealed in Russia?

In principle, the application of interim measures can be appealed.

In particular, the Code of Civil Procedure expressly provides that a private complaint may be filed against all court decisions on securing a claim. The filing of such an appeal does not suspend the execution of the decision on security measures.  

The Code of Arbitration Procedure does not provide for appealing against the court's decision to secure the claim (however, it is possible to appeal against the decision to refuse to secure the claim).  At the same time, the Code of Arbitration Procedure gives the possibility to apply to the court with a motion to cancel the security for the claim. The filing of such a motion does not suspend the enforcement of the decision to secure the claim.

Authors: 

Vyacheslav Khorovskiy, Partner
Alena Ivanova, Partner 
Andrey Borovkov, Counsel
Aleksandra Levenkova, Partner