Cancellation of Interim Measures in Civil Proceedings by Persons Not Involved in the Case

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.