Securing the claim

People who have experienced litigation on themselves, they know: the trial can last indefinitely, indefinitely. And the money won (or property) is also not always easy to get: the debtor can either hide himself, or hide the property. That is why the provision of a claim in the arbitration process is envisaged . Adoption of interim measures is possible during the process, regardless of its stage, if:

• Possible difficulties with the execution of the judgment rendered by the court;
• There is a possibility of damage to the applicant.

In the application, these reasons are necessarily justified (and necessarily with the provision of evidence). It is the justifications that will determine the satisfaction (or dissatisfaction) of the declared measures (securing the claim).

Let's consider more in detail Suppose the defendant creates a threat of non-enforcement of the court decision :

• Found documents confirming the pledge of property;
• There is an attempt to sell the property;
• The value of the debtor's property is lower than the amount of debt;
• Absence of turnover in the firm;
• Attempts to withdraw (or transfer) money from the account, etc.

It is clear that the respondent will not provide the plaintiff with a report on the status of his affairs, but some of the information is of an open nature. For example, the plaintiff may well be acquainted with the accounts of the defendant, kept by the statistical authorities. A withdrawal of property (any transactions) is recorded by the Uniform State Register.

Another example. Ensuring the claim requires the very nature of the claim (rights to shares, real estate, etc.). Prior to resolving disputes, the property must be preserved. His loss will not allow the court to make a decision. The plaintiff's assumptions about the possible sale of the disputable property by the defendant to the court will not be taken into account. Evidence of an attempt to sell property is needed.

The claim is usually presented as:

• Seizure of property;
• Arrest of accounts (cash);
• Prohibition of any manipulation of the subject matter of the dispute;
• The imposition of responsibility for the state of the subject matter of the dispute (destruction, damage, transmission, deterioration);
• Suspension of implementation.

The list is, of course, not exhaustive. Other interim measures may be taken, other than those that are contrary to the law.

It is necessary to take into account the proportionality of interim measures to the requirements: the seizure of property (or funds) must correspond to the size of the claimed requirements (not higher).

Infringement of interests of other (third) persons is unacceptable. For example, the arrest of a debtor's funds is impossible, if the measure causes a non-payment of salaries to employees, non-payment of debts to other creditors, and so on. Here the question will be decided according to the order of requirements.

An application for securing a claim can be filed both with a statement of claim simultaneously and during the course of the case. It is considered either on the same day or the next (not later), since it has the status of urgent (under Article 127 of the APC of the Russian Federation).

Copies of the decision are sent to all persons related to the case: the plaintiff, the defendant, state and other authorities.

Such statements can be filed, regardless of the stage of the process (even when the process is suspended), as in the very first instance, and in the appeal or cassation, or supervisory. On a separate application, measures are also being considered to implement the decision.

An application for securing an action can also be filed in case of suspension of proceedings in the case.

In case of refusal of interim measures, a new application (appeal) may be filed.

Sometimes defendants hastily dispose of property in order to evade execution of court decisions. Ensuring the claim in the civil process neutralizes the defendant's desire to hide property and money, transfer (rewrite, sell, donate) to their other persons, preventing the execution of the court's decision.