Indexation of Awarded Amounts in the Russian Civil and Criminal Procedure

The article analyzes the legal nature of the institute of indexation of awarded monetary amounts in civil, arbitration and criminal proceedings in Russia. Its interdisciplinary nature is established, individual fundamental problems arising in connection with its application are revealed. It is shown that the right to indexation of awarded monetary amounts should be granted not only to the parties to the civil conflict considered by the court (including a civil claim in criminal proceedings), but also to third parties whose rights and obligations are affected by the decision made by the court. It is proved that the prosecutor in civil and arbitration proceedings should also have the right to apply for indexation, but only if he participates in the case as a party or a third party. It is emphasized that the issue of indexation should be decided taking into account the specific circumstances of the case, but on the basis of legally established general rules and criteria. In the case of strict compliance with these rules, the indexation performed should not be recognized as a procedural violation that affected the essence of the decision rendered.

Publication Details

Journal
Уголовное судопроизводство.
Published
2024-10-31
DOI
https://doi.org/10.18572/2072-4411-2024-4-32-38
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

Indexation of Awarded Amounts in the Russian Civil and Criminal Procedure

Уголовное судопроизводство.
Education, Law, and Society
article

Indexation of Awarded Amounts in the Russian Civil and Criminal Procedure

article en

Abstract

The article analyzes the legal nature of the institute of indexation of awarded monetary amounts in civil, arbitration and criminal proceedings in Russia. Its interdisciplinary nature is established, individual fundamental problems arising in connection with its application are revealed. It is shown that the right to indexation of awarded monetary amounts should be granted not only to the parties to the civil conflict considered by the court (including a civil claim in criminal proceedings), but also to third parties whose rights and obligations are affected by the decision made by the court. It is proved that the prosecutor in civil and arbitration proceedings should also have the right to apply for indexation, but only if he participates in the case as a party or a third party. It is emphasized that the issue of indexation should be decided taking into account the specific circumstances of the case, but on the basis of legally established general rules and criteria. In the case of strict compliance with these rules, the indexation performed should not be recognized as a procedural violation that affected the essence of the decision rendered.

Уголовное судопроизводство.
Peace, Justice and strong institutions
Openalex Percentile: Top 47%
Education, Law, and Society
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Indexation of Awarded Amounts in the Russian Civil and Criminal Procedure · Уголовное судопроизводство. (2024) | TGRS Research Map | TGRS