ON THE EVIDENTIARY NATURE OF THE APPLICATION OF INTERIM MEASURES IN INSOLVENCY (BANKRUPTCY) CASES

Author(s): Zabrasaev V.S., Golyshev V.G., Egereva O.A.

Rubric: Specific issues of law and law enforcement

DOI: 10.21777/2587-9472-2026-2-90-96

Release: 2026-2 (50)

Pages: 90-96

Keywords: insolvency, bankruptcy, interim measures, arbitration court, interests of the debtor, claims of creditors, proof, abuse of law

Annotation: The article discusses the key aspects of the mechanism for securing creditors’ claims and protecting the debtor’s interests in insolvency (bankruptcy) cases. Law enforcement practice and doctrine ambiguously interpret the ap- plication of interim measures in insolvency cases. Interim measures, on the one hand, are designed to guarantee the safety of the debtor’s property and prevent its alienation, which serves the interests of creditors. On the other hand, the unjustified application of interim measures may paralyze the debtor’s activities, affect his interests, make it difficult to conduct bankruptcy proceedings and, as a result, reduce the chances of satisfying creditors’ claims. The analysis of law enforcement practice and doctrine regarding problematic issues of interim measures in in- solvency (bankruptcy) cases is carried out. The role of interim measures in protecting the rights of creditors and debtors is analyzed, as well as their impact on the effectiveness of bankruptcy procedures, and two approaches to proving the grounds for applying interim measures are considered. Special attention is paid to the balance of interests of the parties and possible ways to achieve it. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Zabrasaev V.S., Golyshev V.G., Egereva O.A. ON THE EVIDENTIARY NATURE OF THE APPLICATION OF INTERIM MEASURES IN INSOLVENCY (BANKRUPTCY) CASES // Journal of Legal Sciences. – 2026. – № 2 (50). – С. 90-96. doi: 10.21777/2587-9472-2026-2-90-96