Article 98. Cancellation of Measures of Preliminary Protection

Measures of preliminary protection may be canceled by the court considering the case at the request of the person participating in the case.

The issue of cancellation of measures of preliminary protection shall be resolved in a court session. The persons participating in the case shall be notified of the time and place of the session, in the manner prescribed by Article 124 of this Code. However, their failure to appear shall not be an obstacle to considering the issue of canceling preliminary protection measures.

Based on the results of considering the issue of canceling the measures of preliminary protection, a determination shall be issued.

A copy of the determination shall be sent to the persons participating in the case no later than the next day after the day of its issuance.

If the application (complaint) is satisfied, the measures of preliminary protection shall remain in effect until the actual execution of the judicial act.

In cases of refusal to satisfy the application (complaint), dismissing the application (complaint), termination of the proceedings, the preliminary protection measures shall remain in effect until the relevant judicial act enters into legal force. However, the court may, simultaneously with the adoption of these acts or after their adoption, issue a determination on the cancellation of measures of preliminary protection.

The determination on the cancellation of measures of preliminary protection can be appealed (protested).