Грось Л.А. О применении обеспечительных мер в арбитражном судопроизводстве

Аннотация: The article is dedicated to issuing measures of interim protection in the proceedings of the State arbitration (commercial) court. Having reviewed theoretical and practical aspects of their application, the author makes the following conclusions. 1. The subject of interim relief in action proceedings is the subject of the legal action, i.e. a substantive claim of the plaintiff to the respondent. 2. Measures of interim protection, defined and not defined in Article 91 of the Arbitration Code of Practice of the Russian Federation, are substantive means to provide for civil liabilities implementation of which is made under the specific procedural order based on the definition or ruling of the court. 3. Difficulties in issuing measures of interim protection are a consequence of insufficient grounds for their application. A conclusion about them is frequently made on the basis of assumptions on probable actions of the respondent only. It is proposed to establish in the legislation a disputable presumption of occurrence in future of the facts which may either impede execution of the judicial decision or render it impossible. 4. As a measure of interim protection it is inadmissible to suspend levy of execution issued by bailiffs based on the decisions of State courts and arbitration tribunals.

Ключевые слова:

Abstract: The article is dedicated to issuing measures of interim protection in the proceedings of the State arbitration (commercial) court. Having reviewed theoretical and practical aspects of their application, the author makes the following conclusions. 1. The subject of interim relief in action proceedings is the subject of the legal action, i.e. a substantive claim of the plaintiff to the respondent. 2. Measures of interim protection, defined and not defined in Article 91 of the Arbitration Code of Practice of the Russian Federation, are substantive means to provide for civil liabilities implementation of which is made under the specific procedural order based on the definition or ruling of the court. 3. Difficulties in issuing measures of interim protection are a consequence of insufficient grounds for their application. A conclusion about them is frequently made on the basis of assumptions on probable actions of the respondent only. It is proposed to establish in the legislation a disputable presumption of occurrence in future of the facts which may either impede execution of the judicial decision or render it impossible. 4. As a measure of interim protection it is inadmissible to suspend levy of execution issued by bailiffs based on the decisions of State courts and arbitration tribunals.

Keywords: