Trends in the Issue of Interim Measures by Russian Commercial Courts in Disputes Involving Foreign Persons

Introduction. The article is devoted to the analysis of the current state and changes in the practice of Russian commercial courts on the issue of granting interim measures against foreign persons and Russian companies controlled by them. Purpose. The purpose of the paper is to highlight the existing approaches to assessing the grounds for taking and types of interim measures taken against foreign persons, as well as to evaluate the most significant legal positions of the courts. Methodology. The research uses formal-legal and comparative-legal methods, analysis, synthesis, formal-logical method. Results. The author comes to the conclusion that the percentage of satisfaction of applications for interim measures in disputes involving foreign persons is higher than the statistical average. Among the most common types of interim measures taken in respect of foreign persons are the seizure of funds in accounts, the seizure of shares or interests in Russian companies controlled by a foreign person and the transfer of the foreign person's property to the applicant's possession. In the period from 2022 to 2024, the practice of Russian commercial courts developed three different approaches to assessing the grounds for interim measures. The most reasonable approach is to take interim measures on the basis of an assessment of the totality of the submitted evidence confirming the difficulty of enforcing the ruling or the possibility of causing significant damage to the applicant in the future. Conclusion. The author concludes that despite the non-uniformity of court practice, the adoption of interim measures against foreign persons remains an effective procedural institute that allows to prevent the violation of the legitimate rights and interests of applicants.