Keywords
Indexation of funds
Inflationary losses
Protection
Constitutional Court of the Russian Federation
How to Cite
Abstract
Through three resolutions adopted in 2018 and 2021, the Constitutional Court of the Russian Federation «revived» the indexation institution of funds collected by a court decision, recognizing Articles 208 of the Civil Procedure Code of the Russian Federation and Articles 183 of the Arbitration Procedure Code of the Russian Federation as inconsistent with the Constitution of the Russian Federation. The author of the study shows that the reproaches of the body of constitutional justice against the articles of procedural codes are unfounded. Indexation is an institution of substantive, not procedural law, and the application of the rules of procedural law without taking into account the results of the creditor's application of substantive legal methods of protection entails unjust enrichment and is unacceptable. «Money collected by the court» is a generic concept, their indexation without taking into account the economic content of these funds and the legal nature of the requirements, as a result of which they were awarded, is impossible.
References
Bakina, S.A. Zhidkova, E.M. Semenov and E.I. Semenova (2021).Decree of the Constitutional Court of the Russian Federation dated January 12, 2021 No. 1-P «On the case of checking the constitutionality of Article 208 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens .
Bortolotti, F., & Ufot, D. (Eds.). (2019). Hardship and Force Majeure in International Commercial Contracts: Dealing with Unforeseen Events in a Changing World. Kluwer Law International BV.
Determination of the Constitutional Court of the Russian Federation dated October 6, 2008 No. 738-О-О.
Garlicki, L. (2007). Constitutional courts versus supreme courts. International Journal of Constitutional Law, 5(1), 44-68.
Ivanova T.V., I.M. Mitina and E.V. Shkotov (2018). Resolution of the Constitutional Court of the Russian Federation of July 23, 2018 No. 35-P «On the case of checking the constitutionality of the first part of Article 208 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens », Moscow.
Kornilov E.G. (2007). The problem of applying the indexation of the awarded sums of money in the framework of civil proceedings. Arbitration and civil process, 7: 17-21.
Novikova, O., Manenkov, A., & Borshchigova, D. (2020). Stages of Development of Sberbank as a Reflection of Changes of the State. Review of Business and Economics Studies, 18(4):44-61.
Petkov, R. K., & Shklyar, N. M. (1999). Russian Regions after the Crisis: Coping with Economic Troubles Governors Reap Political Revards. Demokratizatsiya, 7(4), 527-543.
Ram, N., Guerrini, C. J., & McGuire, A. L. (2018). Genealogy databases and the future of criminal investigation. Science, 360(6393), 1078-1079.
Storublevtsev V.V. (2021). On the case of checking the constitutionality of Article 183 of the Arbitration Procedure Code of the Russian Federation in connection with the request of the Arbitration Court of the Republic of Tatarstan and the complaint of citizen . Resolution of the Constitutional Court of the Russian Federation of, July 22, 2021, p.40.
Taribo E.V (2019). Problems of the evolutionary development of the Russian model of judicial constitutional normative control. Abstract for the competition on Ph.D. Moscow, 28 p.
Titko, E., Kurovska, I., Korniienko, P., Balzhyk, I. A., & Stoyatska, G. M. (2021). Military-civil interaction through the prism of human rights protection: the experience of the ECtHR. Linguistics and Culture Review, 5(S3): 649-666.
Yarkov V.V. (2020). Commentary on the Arbitration Procedure Code of the Russian Federation (item-by-article) 4th ed., corrected and revised, Statute, Russa.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright (c) 2022 Lex Humana (ISSN 2175-0947)