Provisional Remedy


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Provisional Remedy

 

steps taken by a judge or court to guarantee the execution of a future decision by the court in the event it grants the action before it. A provisional remedy is employed only if failure to take such steps may make it difficult or impossible for the decision of the court to be executed. In Soviet law provisional remedies include the attachment of property or money belonging to the defendant, prohibiting the defendant from performing certain actions, and prohibiting other persons from transferring property to the defendant.

Provisional remedies are ordered on the application or petition of persons participating in the case or on the initiative of the judge or court. To prevent the defendant from concealing property, an application for a provisional remedy is heard on the day it is submitted, without calling the defendant, and the ruling on the provisional remedy is carried out immediately in the manner established for the execution of court judgments. The court has the right to abolish or amend provisional remedies both before and after the court judgment has been rendered. Any ruling relating to a provisional remedy may be appealed, and the procurator may lodge a protest against it. However, filing an appeal or protest does not stay execution of the ruling with respect to the provisional remedy. Provisional remedies are also used by the Foreign Trade Arbitration Commission and the Maritime Arbitration Committee.

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