The presence or absence of the parties to the legal proceedings The existence having the burden of proof before the court regarding the necessity and expediency of taking measures to secure the claim
On January 29! 2024! the Supreme Court! as part of the panel of judges of the Economic The existence Court of Cassation! in case No. 917/1610/23 (EDRSRU No. 116605900)! examined the issue of the presence/absence of the obligation to prove grounds for taking measures to secure the claim.
The institution of taking measures
To secure a claim is one of the mechanisms for ensuring effective legal protection.
Securing a claim by legal nature is a means The existence of preventing possible phone number library violations of the rights or legally protected interests of a legal or natural person!
The purpose of which is to avoid possible violations of the rights and legally protected. Interests of the plaintiff in the future! as well as the possibility of actual execution of the court decision and avoiding any difficulties in execution in the event of satisfaction of the claim.
The procedural grounds for applying measures to secure a claim are determined by Article 136 of the Civil Procedure Code of Ukraine! according to which the commercial court! upon the application of a party to the ayumi murai case! has the right to take measures to secure a claim! as provided for in
Article 137 of this Code
Securing a claim is allowed both before filing a claim and at any stage of the burkina faso business directory case ! if the failure to take such measures may significantly complicate or make impossible the execution of the court decision or the effective protection or restoration of the violated or disputed rights or interests of the plaintiff! for the protection of which he has applied or intends to apply to the court.