How to cancel an interim measure

Security measures is the measurestaken by the court on an urgent basis and on an interim basis, to ensure proper execution of decisions of the judicial proceedings (article 90 of the APC). However, sometimes the plaintiff, and the defendant is beneficial to prematurely cancel the adopted measuresand to undertake a number of actions that these measures were not introduced at all.

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Instruction

There are two main ways of calling adopted by the court of interim measures: an application to the court with justification of the necessity of the abolition of interim measures and the introduction of counter-security.

Complete your request to cancel, if you are the defendant. For proper justification of the abolition of interim measures in the form of the document it is necessary to understand on what basis such measures are accepted by the court. The basis of application by courts of interim measures is the need to avoid potential risks in the execution of the decision, which will be submitted at the end of the process, or the need to avoid potential prejudice to the plaintiff, if such measures are not taken. Therefore, in order to challenge the application of security measures, justify the absence or insufficiency of the grounds for their application.

Another basis for filing the application for cancellation of interim measures is a violation of the rights and interests of both the defendant and third parties in the result of the adoption of these measures. Refer to these circumstances.

The petition direct to the court which applied interim measures. It can be filed once received the corresponding definition of court. The term of consideration of application can not exceed 5 days. The refusal of the court to annul the interim measure is not an obstacle for repeated filing of the same petition (article 97 of the APC RF).

If possible, make the counter-security the amount of the claim on the court's Deposit account or provide a Bank guarantee and surety in the same amount. The provision by the defendant of financial guarantees in the amount of the claim allows you to cancel a security measure against the defendant and his property. The decision to cancel is taken by the court during the day on the basis of a written application of the Respondent and in the presence of documents, confirming the existence of counter security.

Note

Often the courts resort to such measures as the use of detention in relation to the property and funds of the defendant, the limitation of the defendant's actions in relation to the subject of the trial, the restriction on the sale of property of the defendant etc. (article 91 of the APC RF). The use of such measures can be challenged in the manner prescribed by law.

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