1. The subject of the dispute is the claim of the Main Department of the State Emergency Service of Ukraine in Kyiv against LLC “IBK “Smart Renovation” for the return of property transferred for storage.
2. The court of cassation overturned the ruling on securing the claim by imposing an arrest on the funds and property of the defendant, because the courts of previous instances violated the norms of procedural law, in particular, did not substantiate with proper evidence the need to take such measures, and their conclusions were based only on assumptions about the possible complication of the execution of the court decision. The court noted that to secure a claim, it is necessary to have circumstances confirmed by evidence that indicate a real threat of non-execution of the decision, and not just a potential possibility of evading the fulfillment of the obligation. Also, the courts did not justify the criterion of proportionality of securing the claim, by imposing an arrest simultaneously on both the funds and the property of the defendant, without explaining why they did not limit themselves to the arrest of only the property to be returned. The court departed from the previous practice, according to which the imposition of an arrest on property is possible only in property disputes, referring to the resolution of the Grand Chamber of the Supreme Court, which allows the application of such a security measure also in non-property disputes, if there is a risk of complicating the protection of the plaintiff’s rights.
3. The court of cassation overturned the decisions of the courts of previous instances and refused to satisfy the application for securing the claim.
