Cancellation of interim measures in civil proceedings by persons not involved in the case
- Authors: Balabanov S.P.1
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Affiliations:
- CB “Interkommerts” (LLC)
- Issue: No 7 (2023)
- Pages: 27-37
- Section: Private law (civil law) studies
- Submitted: 25.01.2026
- Accepted: 25.01.2026
- Published: 07.07.2023
- URL: https://journals.rcsi.science/2072-909X/article/view/375631
- DOI: https://doi.org/10.37399/issn2072-909X.2023.7.27-37
- ID: 375631
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Abstract
The article is devoted to the consideration of the problem of cancellation based on judicial practice materials of interim measures in civil proceedings by persons who did not take part in the consideration of the case and whose rights were affected by the adoption of interim measures.
The purpose of the article is to determine the most effective way of judicial protection of the interests of persons whose rights are affected by the adoption of interim measures. Achieving this purpose requires formulating the problem and establishing its causes, as well as identifying and analyzing the approaches that have developed in law enforcement practice regarding the appropriate way to protect the interests of persons whose rights are affected by the adoption of interim measures.
In the course of the research analyzes the materials of the judicial practice of the arbitration courts and courts of general jurisdiction on the consideration of issues related to the cancellation of interim measures.
Based on the analysis the author of the article substantiates the conclusion that it is necessary to make appropriate changes to the civil procedural legislation in order to eliminate the existing gap in legal regulation.
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About the authors
Sergei P. Balabanov
CB “Interkommerts” (LLC)
Author for correspondence.
Email: ProveLegal@yandex.ru
Chief Legal Adviser on legal support of bankruptcy proceedings
Russian Federation, MoscowReferences
- Knepman, A. N. Practical problems of applying the norms on securing a claim in civil proceedings. 2018. LRS “ConsultantPlus”. (In Russ.)
- Rakitina, L. N. Cancellation of measures to secure a claim and judicial succession. Nalogi (gazeta) = Taxes (newspaper). 2010;(34):21-24. (In Russ.)
- Gongalo, Yu. B. Termination of interim measures in civil and arbitration proceedings. Arbitrazhnyj i grazhdanskij process = Arbitration and Civil Proceedings. 2013;(9):7-14. (In Russ.)
- Popov, M., Pyankova, A. Cancellation of interim measures: how to maintain a balance of interests. EZh-Yurist = Electronic journal Lawyer. 2012;(3):3. (In Russ.)
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