SIGNS OF PROVISIONAL MEASURES // Modern civil law. - 2022. №1. . - С. 21-31.

SIGNS OF PROVISIONAL MEASURES

UDK: 347.9

Interim measures, an emergency response mechanism, based on the concept of interim measures from the order of their application, from the general specifics of this legal institution, we can make a logical conclusion that the interim measures of the court, according to the legislator, are of an urgently exceptional nature, preliminary impact on the defendant, anticipating the decision court a legal instrument designed to facilitate the further execution of a court decision, sometimes this tool goes beyond just providing assistance for the execution of a court decision in the future, but dictates in principle the basis of a court decision, its main goal is not only assistance in enforcement, but also the very possibility enforcement, sometimes not timely provisional measures in the past, make it impossible to enforce the court in the future. Defining the concept of the institution of securing a claim and interim measures, we constantly turned to certain features that determine the very legal essence of this institution. They reveal its goals, application procedure, strengths and weaknesses, then the author, based on the works of many proceduralists and the current rules of law, will highlight the most key features of interim measures.

interim measures, securing a claim, preliminary protection of rights, proving grounds, a motion for securing a claim, criteria for evaluating evidence, the Civil Procedure Code of the Russian Federation.