Issues of indexation of adjudged monetary sums according to article 183 of the Arbitration Procedure Code of the Russian Federation
Автор: Kazakov A. O.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Предпринимательское право, гражданский и арбитражный процесс
Статья в выпуске: 6, 2023 года.
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The author studies the problems of indexation of adjudged monetary funds in accordance with Article 183 of the Arbitration Procedure Code of the Russian Federation. Based on the analysis of current judicial practice, the author concludes that the indexation of sums collected by the court is a mechanism aimed at protecting the property interests of the claimant from inflationary processes in the period from the moment the decision is made to its actual execution. The purpose of indexation is to restore the purchasing power of the amount of money to the level it was at the time of its award. The only reason for indexation is the very fact of untimely payment of the amount of money in whole or in part. The author notes that, according to the current wording of the article, the calculation of the indexation amount should be made from the moment the relevant decision is made by the court of first instance, and not after the entry into force of the judicial act, which seems to be a controversial provision.
Indexation, indexation of adjudged monetary sums
Короткий адрес: https://sciup.org/147240649
IDR: 147240649