Securing a claim: how it ensures enforcement of a court decision

Securing a claim is a set of interim measures that a court may apply upon a person’s application even before a decision in the case is rendered. It is an instrument that prevents the complication or impossibility of enforcing the judgment.

✅ What is securing a claim?
Securing a claim is a set of special measures provided for by civil procedural legislation. Upon an application of the parties to the case, a judge or the court may take measures to secure the claim.

The purpose of securing a claim is not to predetermine the winner of the dispute but to guarantee real and effective protection of rights.

Securing a claim is in fact a guarantee of future enforcement of the court’s decision if the statement of claim is granted. Essentially, it means taking measures to protect the claimant’s interests from possible bad‑faith actions on the part of the defendant.

🔑 When is securing a claim applied?
Securing a claim may be applied at any stage of the proceedings if failure to take such measures may complicate or make impossible the enforcement of the court’s decision.

These measures are applied only where, without them, the enforcement of a future judgment or the protection of rights may become impossible or significantly complicated.

Securing a claim is allowed both before filing a claim and at any stage of the case consideration.

🛡 Measures of securing a claim in civil proceedings

1. Imposing an attachment (seizure) on property or funds belonging to the defendant and held by the defendant or by other persons.
2. Prohibiting the defendant from performing certain actions.
3. Prohibiting other persons from performing certain actions related to the subject matter of the dispute, including transferring property to the defendant or performing other obligations in relation to the defendant.
4. Suspending the sale of property where a claim is filed for the release of property from seizure (removal from the inventory).
5. Suspending enforcement under an enforcement document that is being challenged by the debtor in court.

🛡 Measures of securing a claim in administrative proceedings
The Code of Administrative Procedure of Ukraine provides the following methods of securing an administrative claim:

1. Staying the effect of an individual or regulatory legal act.
2. Prohibiting the defendant from performing certain actions.
3. Prohibiting other persons from performing actions relating to the subject matter of the dispute.
4. Staying enforcement based on an enforcement document or another document under which enforcement is carried out in an undisputed (out‑of‑court) manner.

⏰ When should an application for securing a claim be filed?
An application for securing a claim may be filed:

• Before filing the claim
• Together with the claim
• After the opening of proceedings

The courts emphasize that securing a claim does not resolve the dispute on the merits, does not replace the future judgment, and is applied only where there is proper evidence.

📋 What should an application for securing a claim contain?
The document must indicate:

• The court to which the application is submitted
• The parties — claimant and defendant
• The subject matter of the dispute — what exactly you seek to recover
• The justification for the necessity of measures — why, without securing the claim, enforcement of the judgment will be impossible
• The specific method of securing — attachment of property, prohibition of actions, etc.

An official template of the application is available on court websites.

⚡ How quickly does the court consider the application?
The court considers the application without delay, usually without summoning the parties. Based on the results, the court issues a ruling either granting or refusing to secure the claim.

A ruling on securing a claim is subject to immediate enforcement in the manner prescribed for the enforcement of court decisions.

💰 Classical measures of securing a claim
The classical measures of securing a claim include:

• Prohibition on performing certain actions
• Attachment (seizure) of property or funds

⚠️ Important to remember

• Securing a claim is applied in all types of court proceedings — administrative, commercial, civil, and criminal
• Securing a claim does not resolve the dispute on the merits
• Measures are applied with due regard to the balance of the parties’ interests and the public interest
• The claimant has the right to file an application for securing a claim in the manner and with the requisites prescribed by law
• When recovering a debt, it is advisable to apply to the court simultaneously with filing the statement of claim, requesting securing of the claim by attaching (seizing) the debtor’s property

🎯 Not sure how to properly file an application for securing a claim?
We can help! Our legal services related to securing a claim include:

• Analysing your case and substantiating the necessity of measures
• Drafting an application for securing a claim
• Filing the application with the court (before, together with, or after the claim)
• Representation in court during the consideration of the application
• Obtaining the court ruling on securing a claim
• Enforcing the ruling (attachment of property, prohibition of actions)
• Securing a claim in debt recovery cases
• Protection against unjustified securing of a claim

Securing a claim is a guarantee that the debtor will not hide the property before the court’s decision is rendered!

Contact us today and ensure real enforcement of your future court decision!

Author – Svitlana Krutorohova, attorney at the Law Firm “WINNER”.