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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
Interim measures should not be excessive
The manager applied to the court for interim measures in respect of the funds and property of the subsidiary defendants (case no. A21-1059/21).
The court of first instance refused to satisfy the application, considering that the applicant had not provided sufficient evidence confirming the defendants' unfair behavior aimed at reducing property. There was also no evidence of their actions to alienate property in favor of third parties, or to withdraw assets in any other way.
Having assessed the evidence presented and the arguments of the applicant, the court of appeal concluded that the alleged interim measures were related to the subject of the dispute about bringing the defendants to subsidiary liability, were proportionate to the stated requirements, did not deprive the defendants of their property, were temporary in nature and aimed at preventing possible damage. The adoption of the requested interim measure will preserve the existing state of relations between the parties to the dispute and eliminate obstacles to the execution of the judicial act.
The cassation sent the dispute for reconsideration, pointing out that the interim measures taken deprive company-1, company-2 and company-3 of the opportunity to carry out economic and other activities, and completely block the possibility of their conducting entrepreneurial activities that generate income. And this, in the opinion of the court, directly contradicts the interests of creditors in the event of satisfaction of the application for bringing the defendants to subsidiary liability in this separate dispute, and also violates the balance of interests of the parties.
The requested measures against the citizen, taking into account the scale of the latter's activities, do not fully comply with the stated requirements and are proportionate to them. The need for such measures to ensure the execution of a judicial act and prevent damage to the plaintiff and the focus on maintaining the existing state of relations between the parties is not properly justified by the bankruptcy trustee, while the requested measures are excessive in relation to an individual.
Photo: Freepik
The court of first instance refused to satisfy the application, considering that the applicant had not provided sufficient evidence confirming the defendants' unfair behavior aimed at reducing property. There was also no evidence of their actions to alienate property in favor of third parties, or to withdraw assets in any other way.
Having assessed the evidence presented and the arguments of the applicant, the court of appeal concluded that the alleged interim measures were related to the subject of the dispute about bringing the defendants to subsidiary liability, were proportionate to the stated requirements, did not deprive the defendants of their property, were temporary in nature and aimed at preventing possible damage. The adoption of the requested interim measure will preserve the existing state of relations between the parties to the dispute and eliminate obstacles to the execution of the judicial act.
The cassation sent the dispute for reconsideration, pointing out that the interim measures taken deprive company-1, company-2 and company-3 of the opportunity to carry out economic and other activities, and completely block the possibility of their conducting entrepreneurial activities that generate income. And this, in the opinion of the court, directly contradicts the interests of creditors in the event of satisfaction of the application for bringing the defendants to subsidiary liability in this separate dispute, and also violates the balance of interests of the parties.
The requested measures against the citizen, taking into account the scale of the latter's activities, do not fully comply with the stated requirements and are proportionate to them. The need for such measures to ensure the execution of a judicial act and prevent damage to the plaintiff and the focus on maintaining the existing state of relations between the parties is not properly justified by the bankruptcy trustee, while the requested measures are excessive in relation to an individual.
Photo: Freepik
05.06.2025
