Any Person Participating in a Case Heard by a Court of General Jurisdiction May Apply for the Cancellation of Provisional Remedies.

21.04.2009

LEGAL UPDATE № 23.

Goltsblat BLP advises that Federal Law No. 44-FZ dated 5 April 2009 “On an Amendment to Article 144 of the Civil Procedural Code of the Russian Federation” (hereinafter referred to as the “Federal Law”) has been adopted. The Law came into force on 19 April 2009.

The specific parties eligible to apply to a court for the cancellation of provisional remedies have been changed by the Federal Law.

In contrast to the previous version of the first part of article 144 of the Civil Procedural Code of the Russian Federation, which stipulated that only defendants could apply to a court for the cancellation of provisional remedies, the new version grants this right to any person involved in a case.

The parties recognised by articles 34 and 38 of the Civil Procedural Code of the Russian Federation as involved in a case heard by a court of general jurisdiction are:

  • the parties in a case (the claimant and the defendant);
  • third parties;
  • the prosecutor;
  • parties applying to a court to defend the rights of other parties or participating in  proceedings with a view to pronouncing an opinion on the grounds stipulated by the Civil Procedural Code of the Russian Federation;
  • applicants and other stakeholders in special proceedings and in cases arising from public legal relationships.

The amendment removes the paradox where any person participating in a case could apply for provisional remedies, whereas only the defendant could request cancellation of said remedies. Meanwhile in many cases the defendant is not the only party interested in the cancellation of provisional remedies imposed on the defendant. For example, a claimant might apply for cancellation of remedies imposed to secure its claim if these remedies lead the defendant to incur significant losses and the claimant is concerned that it might have to compensate the defendant for these losses. Third parties may also be interested in the cancellation of the provisional remedies if these remedies affect their interests (for example, the defendant’s accounts have been arrested and the third party expected to be paid by the defendant from these accounts, etc).

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