Originally from Attachment of Assets

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1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?

In the Russian Federation judicial system, depending on the category of the dispute, civil cases may be considered by both courts of general jurisdiction and by the state arbitration (commercial) courts. The parties to the dispute and the nature of the disputed legal relationship are the main criteria for differentiating the competence of these branches of the judiciary. Generally, the courts of general jurisdiction consider civil cases to which an individual who is not a sole proprietor is a party, while the state arbitration courts consider disputes involving legal entities and entrepreneurs.

Both of these branches of the judiciary have the power to grant urgent temporary measures in cases that are within their competence. The granting of such measures by the courts of general jurisdiction is governed by the Civil Procedure Code of the Russian Federation (hereinafter the Civil Procedure Code), while the granting of measures by the arbitration courts is governed by the Arbitration Procedure Code of Russia (hereinafter the Arbitration Procedure Code). Notwithstanding certain differences, generally the procedures for granting the measures contemplated by these codes are similar. 

In accordance with Art. 139 of the Civil Procedure Code, the judge or the court may grant measures to secure a claim upon an application of the parties to the case. A claim may be secured at any stage of the proceedings, if not granting measures to secure the claim may make enforcement of a judgment difficult or impossible.

According to Art. 140 of the Civil Procedure Code, measures to secure a claim include:

1) attachment of the defendant’s property that is in the possession of the defendant or third parties