Индексация присужденных денежных сумм как норма перспективного действия: постановка вопроса

Abstract

The article analyzes the procedural category “indexing of awarded amounts”. A brief analysis of the appearance of the category “indexing” in the procedural law of Russia in the context of historical and economic changes is given. The author concludes that the procedural rules on indexing serve the application of the economic category, not the legal one. The assumption is formulated that the norms on indexing by judicial practice and the scientific community are interpreted exclusively in a retrospective sense. However, in substantive law, the category in question is intended to regulate upcoming payments. In the absence of a unified theoretical understanding, such a situation creates legal inequality, which is unacceptable, according to the Constitution of Russia. In addition, the indexing of late payments awarded by the decision contradicts the principle of nominalism, which works in civil law. The author suggests understanding indexing in the process according to the meaning it has in the economic sphere, that is, as a category of prospective action. This understanding, firstly, eliminates the problem of double payment for one delay (which is a violation of the principle of double responsibility for one act) and, secondly, removes a number of issues arising in practice of its application, which are characteristic of the consideration of substantive disputes.