The problem of protecting the rights and interests of the defendant when applying interim measures by the court in civil proceedings

Alexandrov Andrew

The article is devoted to the problem of protecting the rights and interests of the defendant when the court applies interim measures in civil proceedings. The purpose of civil proceedings is to consider and resolve a civil dispute in order to restore and protect the violated subjective right of both the plaintiff and the defendant equally. The author, based on the analysis of current legislation and judicial practice, comes to the conclusion that the mechanism of interim measures applied in civil procedure, fixed by the norms of civil procedure law, is far from perfect, allows abuse of procedural rights by the plaintiff and does not take into account the rights and legitimate interests of the defendant, one of the parties to the disputed legal relationship, equally in need of protection, and the guarantees enshrined in the law cannot fully secure the scope of the defendant's rights. The article substantiates the need to improve the mechanism of interim measures, and makes proposals to improve legislation concerning counter-collateral, compensation for the defendant's losses in the event of termination of proceedings and abandonment of the claim without consideration.

Keywords:civil procedure, court, claim, subjective rights, parties, plaintiff, defendant, claim security, damages, counterclaim.