Main tasks and practical skills:
- According to Article 33 of the OPRAC, an application for provisional measures can be conducted at any stage of the resolution of the case.
- In principle, the Judge shall only issue a decision on application of provisional measures in order to protect urgent interests of the litigants, ensuring enforcement of the judgment when the litigants lodge a petition and if the petition is legally grounded. The Court itself or upon a written request by the Procuracy can issue a decision on an application for provisional measures but shall be responsible for such decision (this case occurs only in very urgent circumstances and where legally grounded).
- The Judge must issue a decision on an application for one or more provisional measures as provided in Article 34 of the OPRAC.
- Noting that the decision on an application for provisional measures must specify the validity of the decision, but shall not exceed the time limit for resolving the case in accordance with laws. This is a difference from civil proceedings.
- Under urgent circumstances which require immediate protection of the evidence, and prevention of possible serious results, if the individual, agency or organization at the same time files the petition and requests the application of provisional measures, the Judge should follow provisions of the Civil Procedure Code, in order to consider decision on application of provisional measures in this case.
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