When talking about the execution of criminal acts, first of all, it should be emphasized that without the execution of judicial acts, which are the result of the administration of justice, justice cannot be real. In such cases, the public good created by it, as a rule, can not be made available to the person seeking protection of rights through justice. For example, in the case of civil justice, the plaintiff or the applicant.

One of the legal mechanisms to make the enforcement of judicial acts real is the institute of securing a lawsuit, which is an institute of civil justice, the aim of which is to guarantee the full restoration of the violated rights of the plaintiff.

In this respect, it is very possible to explain the principles and bases of the application of the means of securing the claim, because the guidelines and determinants by which the application of the means of securing the claim becomes a reality are an example.

Considering the fact that the institute of securing a claim is an institution of the RA Civil Procedure, that when applying the means of securing the claim conditioned by it, first of all, one should be guided by the principles of the RA civil procedure, we can mention that as general principles, first of all, securing the claim The principles of application of the measures are the principles of the RA Civil Procedure Law.

These principles are defined by the provisions of the RA Constitution, the “RA Judicial Code”, the RA Constitutional Law, and the RA Civil Procedure Code.

These are the principles of equality before the court, directorate, competition, enforcement of judicial acts, effective և fair trial և and other principles.

At the same time, the RA right to civil proceedings includes the specific principles of the institute of securing a claim, which, as a rule, are specific only to this institute.

Some of these principles are defined by specific norms of the RA Civil Code (for example, Part 3 of Article 129 of the RA Civil Procedure Code), others derive from those norms, and another part derives from the above-mentioned principles of RA civil procedure law.

The mentioned principles are:

  1. the use of the means of securing the claim to ensure the actual execution of the judicial act;
  2. the use of security measures to prevent the plaintiff from damages;
  3. the connection between the plaintiff’s substantive claim and the means of securing the claim;
  4. Proportionality of material legal requirements միջոց means of securing the claim:.

The essence of the first and second of the above principles is that the application of the means of securing the claim should pursue only the aims which are set before that institution. ” The use of a security measure for other purposes may lead to the restriction of the rights of civil circulation participants in a manner not provided by law.

The essence of the third principle is that the application of the means of securing the claim must be directly dependent on the substantive claim. These are, in fact, the means of securing the claim (substantive claim).

And the fourth principle is the private manifestation of the general principle of proportionality within the institute of securing a claim, under which the court in each case assesses the balance between the means of securing the claim and the “restriction of the rights of other persons”.

From this point of view, it should be noted that judicial barriers can also be considered an interference with the rights of a person under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, that intervention, which is envisaged by the RA Civil Procedure Code, pursues the above-mentioned legitimate aims, must in each case be based on the principle of proportionality (see also the judgment of the European Court of Human Rights in the case of Krone Verlag GmbH & Co KG v. Austria -35) »:

The presented legal approaches were also recorded in the civil case No. SD 3/1309/02/20 of the RA Civil Court of Appeal dated 19.02.2021. by the decision made.

These principles are the guiding guidelines for plaintiffs in securing a claim for plaintiffs and for securing a claim for a court of law, as the application of a remedy for each claim must be consistent with those principles, pursue goals and resolve issues of the principles under discussion.

It is from these principles that the grounds for the application of security measures are defined, which are defined in Article 128, Part 1 of the RA Civil Procedure Code, according to which the court of first instance, through the mediation of the person participating in the case, applies security measures if such measures may not be taken. make it impossible, complicate the execution of a judicial act, lead to a change in the factual or legal status of the disputed property or cause significant damage to the mediator.

It follows from the content of this norm that there are means of securing the claim