Indexation of amounts awarded by judicial acts in insolvency (bankruptcy) cases: issues of law enforcement practice
Автор: Voronov V.P.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Частно-правовые (цивилистические) науки
Статья в выпуске: 1 т.23, 2023 года.
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The article deals with certain issues related to the realization by persons participating in the case of the right to index the amounts awarded by judicial acts in the framework of the arbitration process. It is established that, despite the consolidation of this right in the arbitration procedural legislation, in practice its implementation in the framework of an insolvency (bankruptcy) case is very problematic. Based on the analysis of arbitration procedural legislation, legislation on insolvency (bankruptcy), as well as law enforcement practice regarding indexation of amounts awarded by judicial acts, the article makes a number of theoretical conclusions and practical proposals to eliminate uncertainty in the legal regulation of this issue. In particular, it is proposed to exclude the possibility of changing the register of creditors' claims due to the indexation procedure after the register is closed.
Right to judicial protection, execution of a judicial act, insolvency (bankruptcy), indexation, judicial act, register of creditors' claims
Короткий адрес: https://sciup.org/147239964
IDR: 147239964 | DOI: 10.14529/law230107