Russian Federation
The modern legal understanding of the mechanism for indexing the amounts awarded, not from the standpoint of the theory of liability, but solely as a procedurally imposed compensation in order to compensate for the creditor’s inflationary losses, allows it to be collected automatically, regardless of the debtor’s guilt in the delay, the circumstances of untimely execution and the specifics of sectoral regulation of relations by civil and arbitration procedural legislation. Such an interpretation of the legal nature of indexation, taking into account the meaning given by judicial practice in a comprehensive analysis of the unprotected legal status of the debtor in enforcement proceedings, creates the possibility of abuse of the rights of the recoverer, exacerbating the imbalance of interests of the parties. The author considers it necessary to consider indexation from the standpoint of a systematic approach to the application of existing material and procedural ways to protect the rights of the creditor/collector, taking into account the nature of the material dispute, precisely as a measure of responsibility, assuming the negligence of the parties’ behavior as the basis for refusal to index.
indexation of the sums of money awarded, compensation, measure of responsibility, abuse of the rights to collect
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