On Tuesday, 18 February, the Cabinet of Ministers supported the amendments to the Civil Procedure Law, developed by the Ministry of Justice, which will further on provide a possibility for persons in all civil disputes to receive the necessary temporary protection until final settlement of the case by a court. The purpose of the temporary protection is to prevent possible harm, not to permit any new infringement of rights, significant increase or recurrence thereof, to determine temporary settlement of disputable relations in order to eliminate possible adverse consequences.

The new regulation provides to introduce effective measures of temporary legal protection that the plaintiff will be able to use against the offender of its rights. For example, in the civil dispute regarding fulfilment of provisions of the thermal energy supply agreement - the service provider has disconnected the thermal energy supply to the apartment building during the heating season. On the basis of the new regulation, there will be a reason to request temporary protection to the court, determining the obligation to the defendant to continue to provide the service of thermal energy to the owners of apartments of the apartment building until the court judgment.

Currently, the Civil Procedure Law permits for a temporary legal protection means only in cases of few certain categories, for example, a temporary protection in cases against violence. In turn, securing of a claim is permissible only in the property claims, thus the current regulation does not provide for any temporary settlement until completion of examination of the case - neither temporary protection, nor securing of a claim - in cases of several categories.

Currently the lack of regulation on temporary protection is particularly perceptible in the cases of violation of a person's reputation and dignity, cases of disputing the decisions of unions of the owners of apartments, cases affecting eviction from a dwelling in the case of arbitrary conduct or particular threat to health and life, and cases of labour disputes. Besides, the temporary protection may be necessary in other civil disputes - such as disputes, arising from long-term obligations, for example, legal lease relations, as well as cases of distribution of inheritance, and disputes regarding recovery of a property, for example, in the legal lending relations. The need for regulation on temporary protection arises also from the Whistleblowing Law, which provides for the right of the whistleblower and his or her relatives to temporary protection during the civil proceedings.

The new regulation provides for a constant amount of the State fee for the application on securing of a claim or temporary protection - in the amount of 70 euros, resigning from the current State fee in the amount of 0.5% from the amount of claim. Reduction of the threshold of the State fee will significantly facilitate access of persons to the court, in order to use the new legal protection means more often.

It is possible to become acquainted with the draft law on the website of the Cabinet of Ministers.