New Ruling of the Plenum of the Supreme Court of the Russian Federation dated 01 June 2023 No. 15 provides for a lower standard of proof to grant interim measures.

The Supreme Court emphasized that since interim measures are an expedited and preliminary remedy, they have to be granted if the applicant showed that enforcement of a court decision would otherwise be impeded or made impossible. In this regard, courts should take into account the likelihood that the applicant may suffer significant prejudice if interim measures are not taken.

At the same time, when considering an application for interim measures, courts must determine whether the particular measure requested by the applicant is related to the subject matter of the claim in question, is proportionate to relief sought and consistent with the objectives of interim measures. For example, a preliminary injunction prohibiting further construction works is related to the subject matter of a claim to demolish an unauthorized structure or to bring the structure into compliance with statutory requirements. Apart from that, the court should ensure that the requested preliminary injunction is aimed at protecting legitimate interests of the applicant or other persons, rather than at causing unreasonable impediments to the defendant’s legitimate activities (Ruling of the Supreme Court of the Russian Federation dated 01 June 2023 No. 15 “On some questions of taking injunctive relief, interim and provisional protection measures by courts”).