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THE SIGNIFICANCE OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION FOR THE DEVELOPMENT OF THE INSTITUTION OF INDEXATION OF THE AWARDED SUMS OF MONEY
M.O. DYAKONOVA,
Candidate of Legal Sciences, Senior Researcher,
Department of Civil Legislation and Procedure, Institute of Legislation and Comparative Law
under the Government of the Russian Federation
https://doi.org/10.24031/2226-0781-2021-11-6-77-94
The article examines the evolution of the positions of the Constitutional Court of the Russian
Federation regarding the institution of indexing of awarded sums of money in civil
and commercial procedure. The author comes to the conclusion that the norms on indexation
in the Commercial procedural code of the Russian Federation and Civil procedural
code of the Russian Federation require reform, taking into account the legal positions of
the Constitutional Court of the Russian Federation in decisions No. 35-P of 23 July 2018
and No. 1-P of January 12, 2021, related to civil procedure, as well as in decision No. 40-P
of 22 July 2021 related to the commercial procedure. In addition, the author assesses the
prospects of applying the legal position of the Constitutional Court of the Russian Federation
on the issue of indexation in the commercial procedure as a basis for reviewing judicial
acts because of new circumstance. Сurrent regulation is criticized, according to which
the basis for revision as a rule is only the recognition by the Constitutional Court of the
Russian Federation of the law applied in a particular case, in connection with the decision
on which the applicant appealed to the Constitutional Court of the Russian Federation,
which does not comply with the Constitution of the Russian Federation. The conditions
of retroactive effect of the decisions of the Constitutional Court of the Russian Federation
in relation to judicial acts in connection with which the interested person did not apply
to the Constitutional Court of the Russian Federation or whose complaint was refused by
the Constitutional Court of the Russian Federation are revealed.
Keywords: commercial procedure; indexing of awarded sums of money; decisions of
the Constitutional Court of the Russian Federation; revision of judicial acts under new
circumstances.
References
Borisova E.A. (ed.). Proverka sudebnykh postanovlenii v grazhdanskom protsesse:
rossiiskii i zarubezhnyi opyt [Review of Court’s Acts in Civil Procedure: Russian and
Foreign Experience]. Moscow: Gorodets, 2018, 672 p. (In Russ.)
Borisova E.A. Apelliatsiia, kassatsiia, nadzor [Appeal, Cassation, Supervision]. Moscow:
Gorodets, 2019, 368 p. (In Russ.)
Ilin A.V. Peresmotr sudebnykh aktov na osnovanii postanovlenii Konstitutsionnogo
Suda Rossii [Revision of Judicial Acts on the Basis of Decisions of the Constitutional
Court of Russia]. Zakon – Law, 2020, no. 12, pp. 40–60. (In Russ.)
Zhuikov V.M., Dolova M.O. Aktual’nye problemy unifikatsii protsessual’nogo
zakonodatel’stva [Actual Problems of Unification of Procedural Legislation]. Zhurnal
rossiiskogo prava – Journal of Russian Law, 2019, no. 8, pp. 121–135. (In Russ.)
Information about the author
M.O. Dyakonova (Moscow, Russia) – Candidate of Legal Sciences, Senior Researcher,
Department of Civil Legislation and Procedure, Institute of Legislation and Comparative
Law under the Government of the Russian Federation (34 B. Cheremushkinskaia
St., Moscow, 117218, Russia; e-mail: [email protected]).
Recommended citation
Dyakonova M.O. Znachenie postanovlenii Konstitutsionnogo Suda RF dlia razvitiia
instituta indeksatsii prisuzhdennykh denezhnykh summ [The Significance of the Decisions
of the Constitutional Court of the Russian Federation for the Development of
the Institution of Indexation of the Awarded Sums of Money]. Vestnik grazhdanskogo
protsessa – Herald of Civil Procedure, 2021, vol. 11, no. 6, pp. 77–94. (In Russ.) https://
doi.org/10.24031/2226-0781-2021-11-6-77-94
M.O. DYAKONOVA
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