On the problem of proportionality of civil procedural interim measures
В В Фомин, Elena Loshinina
Abstract
Open-access reader
В В Фомин, Elena Loshinina
Abstract
Open-access reader
The article examines the problem of proportionality of civil procedural interim measures. The article contains statistical data and examples of judicial practice on the applied measures of civil procedural support. The authors come to the conclusion that when establishing civil procedural interim measures, the requirement must be met that they are proportional to the intended legal result of the main legal relationship (procedural dispute), as well as the actual state of the subjects of the secured legal relationship (the parties to the dispute).
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The article examines the problem of proportionality of civil procedural interim measures. The article contains statistical data and examples of judicial practice on the applied measures of civil procedural support. The authors come to the conclusion that when establishing civil procedural interim measures, the requirement must be met that they are proportional to the intended legal result of the main legal relationship (procedural dispute), as well as the actual state of the subjects of the secured legal relationship (the parties to the dispute).
Key concepts: Interim, Civil procedure, Procedural law, Proportionality (law), Law, Political science