Determination to secure a claim. Securing a claim in civil proceedings: measures, procedure, grounds, cancellation of securing a claim
The imposition of interim measures when applying to a civil court is in most cases necessary, since it guarantees the plaintiff to satisfy his property claims.
After all, he has to worry about whether the defendant will be able to reimburse the expenses caused by his actions. Will recovery become impossible due to the fact that the property, the right to which is being disputed, will pass to another owner.
Unfortunately, quite often there are cases where, intentionally or not, the defendant becomes insolvent.
In this article:
Interim measures - a guarantee of securing a claim
The Institute of Interim Measures is called upon to rectify the situation. This procedure includes a whole range of actions that can guarantee the protection of the rights of the plaintiff in the event that the claim is satisfied and the execution of the court decision comes into question.
That is why security is a guarantee of the possibility, for example, of fulfilling the requirements set out in.
At the same time, the law does not provide for restrictions on the imposition of encumbrances on property depending on the composition of the claims.
They can be used when presenting monetary claims and in the case of applications for recognition of rights. For example, when submitting .
Types of interim measures
Measures to ensure a claim may not always be the same; depending on what exactly they will guarantee, the law distinguishes several types.
- Prohibition to dispose of property. This encumbrance has a name that reflects its essence - seizure of property. In this case, this property may be owned by both the defendant and other persons.
- Prohibition to perform certain actions. When imposing such orders, it is clearly stated what actions the defendant must not perform.
- Prohibition of certain actions in relation to property. Such measures are highlighted as a separate type, since they are addressed not to the defendant, but to other persons. The property in respect of which the prohibition applies must be the subject of the dispute.
There are also measures that are applicable in certain categories of claims.
So, when challenging a recovery by a court decision, a person should have it as a guarantee of the applicant’s rights, and if there is an application for the release of property from seizure, it is permissible to delay its sale at auction.
With a fairly clear formulation of the list of types of interim measures, the law does not exclude the possibility of using others, which must be chosen in accordance with the current situation.
Imposition of interim measures in civil proceedings
Interim measures must be applied on the basis of a corresponding application from the plaintiff or other persons interested in resolving the dispute, as well as the prosecutor if he is involved in the process.
It can be stated in the pleading part of the claim or issued as a separate document, such as.
If there is no time to write, you can exercise the right to declare an imposition for purposes during the trial, in which case the petition must be recorded in the protocol.
An application for interim measures in a court of general jurisdiction is considered after its receipt on the same day. Based on the results of consideration of the petition, a determination is made. The validity of the accepted guarantees of the claim begins immediately, in connection with which the applicant is issued a writ of execution.
Sample application for interim measures
An example of a petition for interim measures - seizure of property, you can download below.
To the Zamoskvoretsky District Court of Moscow
115184, Moscow, st. Tatarskaya, 1
Plaintiff: Vasiliev Ivan Petrovich
Moscow st. 1st Dubrovskaya 54 sq. 16
Defendant: Puzikov Dmitry Mikhailovich
Moscow, st. Novokuznetskaya, 161 sq. 75
Statement
on taking interim measures
A civil case is pending in court regarding my claim against the plaintiff I.P. Vasiliev. to the defendant Puzikov D.M. on debt collection under a loan agreement.
In accordance with Art. 139 of the Code of Civil Procedure of the Russian Federation, at the request of the persons participating in the case, the judge may take interim measures in any situation in the case if they may make it difficult or impossible to enforce the decision.
The dishonest behavior of the defendants, who received money from me and are evading their return, gives reason to believe that failure to take measures to secure the statement of claim at the present time may complicate or make it impossible to enforce the court decision.
According to Art. 140 of the Code of Civil Procedure of the Russian Federation, one of the measures to secure a claim is the seizure of property belonging to the Defendant and located in him or other persons.
Based on the above and taking into account the provisions contained in Art. Art. 139, 140, 141 Code of Civil Procedure of the Russian Federation, I ask the court:
1) Take measures to secure the claim in the form of seizure of property belonging to the defendant, registered at the address: Moscow, st. Letnikovskaya 18 apt. 78 within the limits of the stated claims in the amount of 3 million rubles.
2) Prohibit him and other persons from making transactions for the alienation of movable and immovable property belonging to him and suspending state registration of the transfer of ownership.
Securing a claim - this is the adoption by the court, at the request of the persons participating in the case, of procedural measures provided for by law, guaranteeing the execution of a possible decision on the stated claim.
Securing a claim is allowed in any situation in the case if failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision.
Securing a claim can be done by a court or a judge at the request of persons participating in the case.
Measures to secure a claim depend on the subject of the claim.
Measures to secure a claim may be:
- imposition on property belonging to the defendant and located in him or other persons;
- injunction against the defendant perform certain actions;
- prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
- suspension of property sales in case of filing a claim for the release of property from seizure (exclusion from the inventory);
- suspension of collection under a writ of execution disputed by the debtor in court.
imposition on the defendant and others obligations to perform certain actions related to the subject of the dispute regarding violation of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the Internet;
If necessary, a judge or court may take other measures to secure the claim, and several measures may be allowed.
The purpose of seizure of property to secure a claim:
- its preservation until the case is resolved in court.
The judge or court immediately reports the measures taken to secure the claim to the relevant state bodies or local government bodies that register property or rights to it, their restrictions (encumbrances), transfer and termination.
If the prohibitions are violated, the perpetrators are subject to a fine of up to 1,000 rubles. In addition, the plaintiff has the right to legally demand from these persons compensation for losses caused by failure to comply with the court's ruling to secure the claim.
Measures to secure the claim must be proportionate to the claim stated by the plaintiff.
In judicial practice, the measure most often used to secure a claim is related to the seizure of property or funds belonging to the defendant and located in credit institutions.
The procedure for seizing property is defined in detail in Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.
List of property that cannot be foreclosed on under executive documents
From June 1, 2020, collection under writs of execution cannot be applied to monetary payments of a social nature (dated 02/21/2019 N 12-FZ “On Amendments to the Federal Law “On Enforcement Proceedings”).
Procedural procedure for securing a claim
The question of canceling security for a claim resolved in court. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to consideration of the issue of canceling the security for the claim.
In case of refusal of the claim, the measures taken to secure the claim are preserved until the court decision enters into legal force. However, a judge or court, simultaneously with the adoption of a court decision or after its adoption, may issue a court ruling on the cancellation of measures to secure the claim. If the claim is satisfied, the measures taken to ensure it remain in effect until the court decision is executed.
The judge or court immediately notifies the relevant state or local government bodies that register the property or rights to it, their restrictions (encumbrances), transfer and termination of the cancellation of measures to secure the claim.
A private complaint may be filed against all court rulings on securing a claim. If a court ruling on securing a claim was made without notifying the person who filed the complaint, the period for filing the complaint is calculated from the day when such person became aware of this ruling.
Filing a private complaint against a court ruling:
- on securing a claim - does not suspend implementation of this definition;
- on cancellation of the claim security - suspends execution of a court ruling;
- on replacing some measures to secure a claim with other measures - suspends execution of a court ruling.
A judge or court, allowing security for a claim, may require the plaintiff to provide security for possible losses for the defendant. After the court decision, which rejected the claim, has entered into legal force, the defendant has the right to bring a claim against the plaintiff for compensation for losses caused to him by measures to secure the claim, taken at the request of the plaintiff.
Mikhail Grigoriev, expert of the magazine "Company Lawyer"It is difficult to classify efficiency as a characteristic feature of the judicial procedure for resolving conflicts. Yes, and executing a decision in favor of an organization is sometimes more difficult than defending one’s case in the courtroom. Meanwhile, there is an excellent procedural tool to, if not force the counterparty to back down, then at least force them to seriously think about a compromise and ways to resolve the dispute. These are measures to secure a claim.
Thanks to interim measures, the opponent realizes the seriousness of your intentions and the precariousness of his position within a matter of days after filing a claim (clauses 2 and 6 of Article 93 of the Arbitration Procedure Code of the Russian Federation). But you can achieve the desired effect only by correctly justifying your requirements. In this article, we'll cover what you need to know to use this tool effectively.
Filing a request for security is necessary, but not sufficient
You can ask the court to take measures to secure a claim at any stage of the process - from filing a claim to making a final decision on the case. However, in most cases it is reasonable to do this at the same time as filing a claim. After all, this institution, in its essence, is an emergency means of protecting the interests of the plaintiff. Therefore, a request for security can be stated directly in the statement of claim. The main thing is that it contains all the information listed in Part 2 of Article 92 of the Arbitration Procedure Code of the Russian Federation.
The court may apply interim measures in the following cases (clause 2 of article 90 of the Arbitration Procedure Code of the Russian Federation):
- If failure to take these measures may make it difficult or impossible to execute a judicial act
- To prevent the applicant from causing significant harm
It is useless to provide the court with other reasons for applying interim measures (resolution of the Federal Arbitration Court of the Moscow District dated December 21, 2005 No. KG-A40/12285-05).
“Thanks to interim measures, the opponent realizes the seriousness of your intentions and the precariousness of his position within a matter of days after filing a claim.”
How to justify difficulties with the execution of a judicial act
One of the grounds for which there is a threat of non-execution of a court decision is listed directly in the text of the Arbitration Procedure Code of the Russian Federation - if execution occurs outside the territory of the Russian Federation (clause 2 of Article 90 of the Arbitration Procedure Code of the Russian Federation). However, this reason can hardly be called the most common. Unfortunately, judges are not particularly impressed by the known difficulties in enforcing decisions within this territory. Therefore, it is necessary to find a more convincing reason.
As a rule, this reason is that the disputed property may not be available at the time of execution of the court decision. A hint on how to prove difficulties with the execution of a judicial act can be found in paragraph 9 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 12, 2006 No. 55 “On the application of interim measures by arbitration courts.” The judges indicated that the difficult nature of executing a judicial act or the impossibility of executing it may be associated with the debtor’s lack of property or actions taken to reduce the amount of property.
The following example is indicative. The company filed a claim for damages caused by the defendant's failure to fulfill obligations under the storage agreement. As security for the claims, the plaintiff asked the court to prohibit the defendant from alienating the real estate belonging to him. The organization justified its petition by the fact that the defendant had not fulfilled its contractual obligations for a long time, citing a lack of money and large accounts payable. And at the same time he is taking action to sell the real estate he owns. The court found these arguments sufficiently convincing and granted the petition (resolution of the Federal Arbitration Court of the Far Eastern District dated August 30, 2005 No. F03-A51/05-1/2441)
A guideline for properly substantiating the assertion about the difficulty of enforcing a court decision can be found in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 07/09/03 No. 11 “On the practice of arbitration courts considering applications for interim measures related to the ban on holding general meetings of shareholders.” In paragraph 4 of this resolution, the Plenum indicated that a difficulty with the execution of a court decision should be considered a situation when the plaintiff, in order to exercise his rights, will have to apply to the court with a new claim.
The Plenum of the Supreme Arbitration Court of the Russian Federation indicated that it may indicate difficulty in implementing the relevant act: if there are grounds to believe that after recognition or confirmation of the rights of the plaintiff by a court decision, he will have to go to court with a new claim in order to ensure that the decision of the general meeting of shareholders on a particular issue was declared invalid.
However, an analysis of judicial practice shows that the courts are very reluctant to accept the applicants’ doubts about the ability to enforce the court decision. Arbitration practice is replete with examples of refusals to take interim measures on this basis for lack of evidence (for example, the resolution of the Federal Arbitration Court of the West Siberian District dated October 31, 2006 No. Ф04-6524/2006(27165-А46-16), the resolution of the Federal Arbitration Court of the Moscow District dated 29.11.06 No. KG-A41/11293-06, etc.).
Therefore, a more reliable path is to persuade the court to take measures to prevent significant harm to the applicant.
“An analysis of judicial practice shows that judges are very reluctant to agree with applicants’ doubts about the possibility of executing a court decision.”
How to convince the court to take measures to prevent significant damage
The concept of “significant damage” is an evaluative one. Therefore, it is not possible to give a single recipe for all occasions. The significance of the damage must be justified individually in each specific case. Well, for example, compare the concepts of “significant damage” and “major transaction” (more than 25 percent of the book value of the company’s assets). But this is just an example. There is a chance to convince judges of the significance of the damage even with relatively small amounts. So the judges agreed with the need to prevent damage to the plaintiff in the amount of 400 rubles (resolution of the Federal Arbitration Court of the West Siberian District dated October 17, 2006 No. F04-6862/2006(27433-A27-29)).
A more clear criterion, which the judges will be guided by, is given in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 55. The Supreme Arbitration Body indicated that in order to prevent significant damage to the applicant, interim measures can be aimed at maintaining the existing state of relations between the parties. It is precisely on justifying the need to maintain the status quo that the main emphasis should be placed.
Thus, the organization filed a claim to remove obstacles to the use of a land plot on which the defendant, in the plaintiff’s opinion, illegally erected a metal structure, which the plaintiff demanded to demolish. As security for the claim, the plaintiff applied for an injunction to prevent the continuation of construction work. The court agreed that the security was aimed at preserving the existing state of affairs and granted the petition (resolution of the Federal Arbitration Court of the Far Eastern District dated November 15, 2005 No. F03-A51/05-1/3416).
In another case, the bank filed a claim to invalidate the auction at which its debtor sold real estate. As security, the plaintiff asked:
- prohibit the acquirer of property from carrying out actions related to the disposal of property;
- prohibit state registration authorities of rights to real estate and transactions from registering any transactions and encumbrances in relation to the disputed building made by the acquirer;
- prohibit state registration authorities of rights to real estate and transactions with it from registering any transactions, encumbrances and rights of subsequent acquirers of the disputed building.
The bank justified its petition by the fact that failure to take the interim measures it requested would entail a lengthy process of reclaiming the disputed real estate from subsequent purchasers. This will lead to a delay in bankruptcy proceedings and cause significant losses to the plaintiff and other bankruptcy creditors of the defendant. The Federal Arbitration Court of the North-Western District found these arguments convincing, indicated that they were aimed at maintaining the existing state of relations and granted the petition (resolution dated 02/09/07 No. A56-21362/2006).
The provision must be adequate
However, even the most appropriate request for interim measures may fail if it is not adequate to the stated requirement. This is what judges will pay attention to when checking its validity (clause 10 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 55):
- reasonableness and validity of the applicant’s request for interim measures;
- the likelihood of causing significant damage to the applicant if interim measures are not taken;
- ensuring a balance of interests of stakeholders;
- prevention of violations of public interests and the interests of third parties when taking interim measures.
- to what extent the interim measure is related to the subject of the stated claim, is proportionate to it and how it will ensure the actual implementation of the goals of the interim measures (Part 2 of Article 90 of the Arbitration Procedure Code of the Russian Federation).
Thus, the judges refused to take interim measures in the form of a ban on registering the transfer of ownership of real estate sold at auction, at the request of a person who was not allowed to attend the auction. According to the court, this measure is not aimed at ensuring the requirement for invalidation, refusal to allow the plaintiff to participate in the auction (resolution of the Federal Arbitration Court of the Central District dated April 20, 2006 No. A14-1448-2006/32/30)
If the interim measure is directly related to the stated claim and corresponds to it, the court may accept security even to protect the public interest of persons not participating in the case (Resolution of the Federal Arbitration Court of the Ural District dated January 31, 2007 No. F09-236/07-S5).
Article 91 of the Arbitration Procedure Code of the Russian Federation names the most common measures:
- seizure of funds or other property belonging to the defendant and held by him or other persons;
- prohibition on the defendant and other persons to perform certain actions related to the subject of the dispute;
- imposing on the defendant the obligation to take certain actions in order to prevent damage and deterioration of the condition of the disputed property;
- transfer of the disputed property for storage to the plaintiff or another person. If necessary, you can ask for several interim measures to be applied simultaneously. Note that this list is open, and the court may take other measures.
1. A court ruling to secure a claim is executed immediately in the manner established for the execution of court decisions.
2. Based on the court ruling to secure the claim, the judge or court issues a writ of execution to the plaintiff and sends a copy of the court ruling to the defendant.
Article 142 of the Code of Civil Procedure of the Russian Federation regulates the execution of a court ruling on securing a claim. For him, the procedure that exists for the execution of all court decisions has been established. The court or judge alone issues a writ of execution, and a copy is sent to the defendant. All this is done immediately, in accordance with Section VII of the Code of Civil Procedure of the Russian Federation.
Issuance of a writ of execution
After the judge/court makes a determination to secure the claim, the plaintiff receives a writ of execution. Also, the writ of execution can be sent to the bailiff service. This is regulated by Article 428 of the Code of Civil Procedure of the Russian Federation. This is done strictly on the day the ruling is made. The bailiff must carry out execution in accordance with this sheet immediately.
What does the defendant get, his actions
The defendant will be sent a copy of the ruling to secure the claim. Once he receives it, the defendant has the right to appeal. He may file a motion to change the security measure. It is also possible to release your property from interim measures. This is regulated.
Process Features
We list some features of the process of issuing a writ of execution:
No one has the right to replace the writ of execution with a copy of the court’s ruling on taking specific measures to secure the claim. The reason for this is the rule that states that the determination is not an executive document.
The bailiff does not set a deadline for voluntary execution of the document.
Delay of execution is not permitted. Otherwise, the application of interim measures may be difficult.
Procedure and taking measures
We invite you to familiarize yourself with the procedure for securing a claim:
- Execution is carried out immediately - on the day of issuance. It is handed over to the bailiff immediately.
- The bailiff sends a written request to the tax office regarding current, settlement and other accounts.
- The writ of execution indicates the location of the responsible person. If this data has changed, you can request a new location from the tax office.
- The tax office will provide all information on accounts, banks, and provide the legal identification code within 5 days. persons, location data (or report absence of information).
To secure the claim, a court of general jurisdiction may take appropriate measures. To do this, you need a statement from the person involved in the case. For example, funds may be seized. It must be taken into account that in this case, the seizure is imposed precisely on the funds implied by the amount declared in the claim. The entire correspondent account is not subject to seizure. It is also impossible to seize amounts that will come to the account in the future. The features of the process regulated by Article 142 of the Code of Civil Procedure of the Russian Federation must be studied thoroughly.
1. At the request of the persons participating in the case, a judge or court may take measures to secure the claim.
An application for securing a claim, signed with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation, can be submitted to the court by filling out a form posted on the official website of the court on the Internet.
2. Securing a claim is allowed in any state of the case, if failure to take measures to secure the claim may complicate or make execution impossible.
3. On the grounds provided for in part two of this article and according to the rules of this chapter, measures to secure a claim may be taken by a judge or court at the request of a party to the arbitration proceedings at the location of the arbitration court, or at the location or place of residence of the debtor, or at the location debtor's property.
Article 140 of the Code of Civil Procedure of the Russian Federation - Measures to secure a claim
1. Measures to secure a claim may be:
1) seizure of property belonging to the defendant and located in him or other persons;
3) prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
3.1) imposing on the defendant and other persons the obligation to perform certain actions related to the subject of the dispute about the violation of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including Internet networks;
4) suspension of the sale of property in the case of the release of property from seizure (exclusion from the inventory);
5) suspension of collection under a writ of execution contested by the debtor in court.
If necessary, a judge or court may take other measures to secure a claim that meet the goals specified in Article 139 of this Code. A judge or court may take several measures to secure a claim.
2. In case of violation of the prohibitions specified in paragraphs 2 and 3 of part one of this article, the guilty persons are subject to a fine of up to one thousand rubles. In addition, the plaintiff has the right in court to demand from these persons compensation for losses caused by failure to secure the claim.
3. Measures to secure the claim must be proportionate to the claim stated by the plaintiff.
4. The judge or court immediately reports the measures taken to secure the claim to the relevant state bodies or local government bodies that register property or rights to it, their restrictions (encumbrances), transfer and termination.
Article 141 of the Code of Civil Procedure of the Russian Federation - Consideration of an application for securing a claim
An application for securing a claim is considered on the day it is received by the court without notifying the defendant or other persons participating in the case. The judge or court issues a ruling on taking measures to secure the claim.
Article 142 of the Code of Civil Procedure of the Russian Federation - Execution of a court ruling on securing a claim
1. A court ruling to secure a claim shall be executed immediately in the manner established for.
2. Based on the court ruling to secure the claim, the judge or court issues a writ of execution to the plaintiff and sends a copy of the court ruling to the defendant.
Article 143 of the Code of Civil Procedure of the Russian Federation - Replacement of some measures to secure a claim with other measures to secure a claim
1. At the request of a person participating in the case, it is permitted to replace some measures to secure a claim with other measures to secure a claim in the manner established by Article 141 of this Code.
2. When securing a claim for the recovery of a sum of money, the defendant, in return for the measures taken by the court to secure the claim, has the right to deposit into the court’s account the amount claimed by the plaintiff.
Article 144 of the Code of Civil Procedure of the Russian Federation - Cancellation of security for a claim
1. Security for a claim may be canceled by the same judge or court upon the application of persons participating in the case, or on the initiative of the judge or court.
2. The issue of canceling security for a claim is resolved at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to consideration of the issue of canceling the security for the claim.
3. In case of refusal of the claim, the measures taken to secure the claim are preserved until the court decision enters into legal force. However, a judge or court, simultaneously with the adoption of a court decision or after its adoption, may issue a court ruling on the cancellation of measures to secure the claim. If the claim is satisfied, the measures taken to ensure it remain in effect until the court decision is executed.
4. The judge or court shall immediately notify the relevant state bodies or local government bodies that register property or rights to it, their restrictions (encumbrances), transfer and termination of the cancellation of measures to secure the claim.
Article 144.1 of the Code of Civil Procedure of the Russian Federation - Preliminary interim measures for the protection of copyright and (or) related rights in information and telecommunication networks, including the Internet
1. The court, upon a written application from an organization or citizen, has the right to take preliminary interim measures aimed at ensuring the protection of copyright and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photography, of the applicant in information and telecommunication networks, including including on the Internet, before filing a claim. Such an application can also be submitted to the court by filling out a form posted on the official website of the court on the Internet, and signed with a qualified electronic signature in the manner prescribed by federal law.
2. Preliminary interim measures provided for by this article are taken by the court according to the rules provided for by this chapter, with the features established by this article.
3. An application for preliminary protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography, in information and telecommunication networks, including the Internet, is submitted to the Moscow City Court.
4. When filing an application for preliminary protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the Internet, the applicant submits to the court documents confirming the fact of use in information and telecommunication networks, including the Internet, objects of exclusive rights and the applicant’s rights to these objects. Failure to submit these documents to the court is the basis for issuing a ruling on refusal to provide preliminary protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the “ Internet”, in which the court explains the right to re-submit the said application in compliance with the requirements of this part, as well as the right to file a claim in the general manner. When filing an application for preliminary protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography, in information and telecommunication networks, including the Internet, in accordance with this article by by filling out the form posted on the official website of the Moscow City Court on the information and telecommunications network "Internet", documents confirming the fact of use in information and telecommunication networks, including the Internet, objects of exclusive rights and the applicant's rights to these objects can be submitted electronically.
5. The court issues a ruling on the preliminary protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the Internet.
The ruling establishes a period not exceeding fifteen days from the date of the ruling for filing a statement of claim upon request, in connection with which the court has taken measures to ensure the property interests of the applicant. The said ruling is posted on the official website of the Moscow City Court on the Internet information and telecommunications network no later than the next day after the day the said ruling is issued.
6. If the court takes preliminary interim measures provided for by this article, a statement of claim for the protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography, in information and telecommunication networks, including Internet network, submitted by the applicant to the specified court.
7. If the applicant has not filed a statement of claim within the period established by the court ruling on preliminary provision of protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including on the Internet, the preliminary security is canceled by the same court. A ruling is made on the cancellation of the preliminary security.
The ruling on the cancellation of preliminary security is posted on the official website of the Moscow City Court on the Internet information and telecommunications network no later than the next day after the day the said ruling was issued.
Copies of the ruling are sent to the applicant, the federal executive body exercising control and supervision functions in the field of media, mass communications, information technology and communications, and other interested parties no later than the next day after the day the ruling is issued.
8. If the applicant files a statement of claim on demand, in connection with which the court has taken measures to preliminary ensure the protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including on the Internet, these measures act as measures to secure a claim.
9. An organization or citizen whose rights and (or) legitimate interests are violated by the adoption of measures to preliminary ensure the protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, in including on the Internet, before filing a claim, has the right to demand, at his choice, compensation for losses from the applicant in the manner established by Article 146 of this Code, if the applicant, within the period established by the court, did not file a statement of claim on the demand, in connection with which the court accepted the specified preliminary interim measures, or if the claim is rejected by a judicial act that has entered into legal force.
Article 145 of the Code of Civil Procedure of the Russian Federation - Appeal of court rulings on securing a claim
1. A private complaint may be filed against all court rulings on securing a claim.
2. If a court ruling on securing a claim was made without notifying the person who filed the complaint, the period for filing the complaint is calculated from the day when such person became aware of this ruling.
3. Filing a private complaint against a court ruling to secure a claim does not suspend the execution of this ruling. Filing a private complaint against a court ruling to cancel the security for a claim or to replace some measures to secure a claim with other measures to secure a claim suspends the execution of the court ruling.
Article 146 of the Code of Civil Procedure of the Russian Federation - Compensation to the defendant for losses caused by securing the claim
A judge or court, allowing security for a claim, may require the plaintiff to provide security for possible losses for the defendant. After the court decision, which rejected the claim, has entered into legal force, the defendant has the right to bring a claim against the plaintiff for compensation for losses caused to him by measures to secure the claim, taken at the request of the plaintiff.