Interim Measures in Judicial Proceedings in Tajikistan

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

To request interim relief measures from the court, an application for such measures must be filed. This application may be submitted simultaneously with the claim or during the case proceedings before a judicial act is issued.

The application for interim relief should include:

1. the name of the economic court to which the application is submitted;
2. the names of the plaintiff and defendant, along with their location or place of residence;
3. the subject matter of the dispute;
4. the amount of the monetary claims;
5. a justification for requesting interim relief measures;
6. the specific interim relief measure the plaintiff seeks to obtain;
7. a list of accompanying documents.

A document confirming the payment of the state duty must also be attached to the application for interim relief.

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

The legislation of Tajikistan provides for the following protective measures:

• seizure of funds or other assets belonging to the defendant and located with the defendant or other parties;
• prohibition for the defendant and other parties to undertake certain actions concerning the subject of the dispute;
• imposition on the defendant of the obligation to perform specific actions to prevent damage or deterioration of the disputed property;
• transfer of the disputed property for safekeeping to the plaintiff or another party;
• suspension of collection on an executive or other document contested by the plaintiff, where collection is carried out in an indisputable (non-acceptance) manner;
• suspension of asset sale in cases where a claim is filed for the release of the property from seizure.

The court may also impose other protective measures, and multiple protective measures may be implemented simultaneously. Protective measures must be proportionate to the claim filed.

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

To apply for interim measures, a party involved in the case must submit a petition for their implementation.

4) How long do interim measures last in Tajikistan?

If the claim is granted, the provisional measures remain in effect until the judicial act concluding the substantive examination of the case is actually enforced.

If the claim is denied, left unexamined, or the proceedings are terminated, the provisional measures remain in effect until the relevant judicial act comes into legal force.

5) Can interim measures be appealed in Tajikistan?

Yes, a court ruling on interim measures or on the refusal to grant interim measures can be appealed. Filing an appeal against a ruling on interim measures does not suspend the execution of that ruling.

Author: Kamoliddin Mukhamedov