ЗНАЧЕНИЕ ПОСТАНОВЛЕНИЙ КОНСТИТУЦИОННОГО СУДА РФ ДЛЯ РАЗВИТИЯ ИНСТИТУТА ИНДЕКСАЦИИ ПРИСУЖДЕННЫХ ДЕНЕЖНЫХ СУММ

Abstract

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.