SECURITY OF CLAIM IN COMMERCIAL AND CIVIL PROCEEDINGS

Abstract

The purpose of the article is to identify problems in application of the institution of securing a claim in civil and commercial proceedings and judicial practice and to formulate proposals for their resolution. Research methods: the main scientific methods - dialectics, formal logic, system analysis - were used to clarify the content, role, and gradual development of the institution of securing a claim in civil and commercial proceedings. The method of comparative analysis allowed us to identify common, special, and distinctive features in securing a claim in civil proceedings as opposed to commercial proceedings. The structural-functional method, together with the analysis method, was used to study the types of claim security and their interrelationships, effectiveness, identification of law enforcement problems, and formulation of recommendations for improving the institution of claim security. Results: the expediency of the existence of the institution of securing a claim is argued; common types of securing a claim in civil and commercial proceedings are outlined, as well as the features of their content and application are revealed; modern judicial practice regarding securing a claim is analyzed; the content of the main types of securing a claim is revealed; it was found that certain types of securing a claim in civil proceedings are ineffective in martial law; it was found that additional procedural restrictions were introduced for the application of securing a claim in martial law; proposals were made to improve the application of securing a claim. Discussion: securing a claim at different stages of civil and commercial proceedings; proportionality of types of securing a claim; criteria for the appropriateness of applying securing a claim; abuse of securing a claim and counter-securing.