The Catalogue of Interim Measures and Its Selection
A temporary restraining order is the judicial form of a security measure: the question of which measure of security of claim is to be applied is decided by the court in accordance with the claimant's application — the court's choice is thus confined by the claimant's will, and the court cannot substitute a different measure of its own. The law defines a list of measures: seizure of property, securities or monetary funds belonging to the respondent and held with the respondent or with other persons; prohibition of the performance of defined acts by the respondent; the respondent's obligation to transfer a thing in its possession to the bailiff by way of sequestration — compulsory administration of property — although part of the normative content of this subparagraph has been declared invalid by a decision of the Constitutional Court; a prohibition addressed to other persons to transfer property to the respondent or to perform any obligation towards it; suspension of the realization of property upon a claim for its release from seizure; suspension of the operation of a disputed act of an organ of state power, of a municipality, of an organisation or of an official; and, in special cases, suspension of the enforcement of an enforcement document in cases connected with dwellings and suspension of authority in a case brought for the removal of a partner's representative or managerial authority. The court may supplement this list with other measures where necessary for the security of the claim, and where necessary several measures may be applied together. The choice is also tied to proportionality: the request must be concrete and substantiated.
Replacement of the Measure and Substitution of the Secured Object
An interim measure is not static — its life is a series of changes. At the parties' request one kind of security may be replaced by another, and this question may be examined at every stage of the case, without an oral hearing — though the court may set an oral hearing if this promotes clarification of the circumstances; the parties' failure to appear cannot prevent the examination. Where the claim seeks recovery of monetary sums, the respondent may, instead of the measure received, deposit the sum claimed by the claimant into the court's deposit account. A separate mechanism is the substitution of the object of security and the segregation of seized property: the value of the seized property must not substantially exceed the price of the claim, except where the respondent is the owner of a single thing — in that case the respondent may offer the court other property equivalent to the price of the claim, or seek consent to the segregation of the seized property; the court examines this question within 5 days of the filing, and where the seizure is subject to registration, the price of the secured claim is entered in the registration data.