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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
The limits of the application of the indexing of awarded amounts
The creditor applied to the debtor with a demand for the indexation of the recovered amount for a certain period (case no. A53-32531/16).
The Court of First instance concluded that the amount of the indexation was calculated by the applicant, taking into account the partial repayment of the debt in the framework of enforcement proceedings. The presented calculation has been verified by the court and found to be arithmetically correct. The debtor has not refuted this information, and no counter-settlement has been submitted.
The Court of Appeal pointed out that the debtor's debt had not been fully repaid, and the enforcement proceedings had not been completed. The Court of Appeal considered that the creditor should wait for the execution of the judicial act on the recovery of funds from the debtor in full, and then apply to the court for indexation, since indexation can be collected only once within a one-year period from the date of full execution of the debt collection decision.
The cassation sent the dispute for a new appeal hearing, pointing out that at the time of consideration of the appeal and the announcement of the operative part of the decision, the bailiff had already issued a decision on the termination of enforcement proceedings, according to which the requirements of the enforcement document were fulfilled in full.
The Court of Appeal did not investigate the fact of repayment of the debt, did not request the materials of the enforcement proceedings.
In addition, the fact that when calculating the amount of indexation of monetary amounts awarded by the court, the consumer price index for goods and services in the Russian Federation should be taken into account, unless otherwise provided by the terms of the contract.
Thus, at the time of consideration of the application for indexation in the court of appeal, the debt was repaid in full. The Court of Appeal did not establish all the circumstances of the case that are essential for the proper resolution of the dispute and are included in the subject of proof.
Photo: Freepik
The Court of First instance concluded that the amount of the indexation was calculated by the applicant, taking into account the partial repayment of the debt in the framework of enforcement proceedings. The presented calculation has been verified by the court and found to be arithmetically correct. The debtor has not refuted this information, and no counter-settlement has been submitted.
The Court of Appeal pointed out that the debtor's debt had not been fully repaid, and the enforcement proceedings had not been completed. The Court of Appeal considered that the creditor should wait for the execution of the judicial act on the recovery of funds from the debtor in full, and then apply to the court for indexation, since indexation can be collected only once within a one-year period from the date of full execution of the debt collection decision.
The cassation sent the dispute for a new appeal hearing, pointing out that at the time of consideration of the appeal and the announcement of the operative part of the decision, the bailiff had already issued a decision on the termination of enforcement proceedings, according to which the requirements of the enforcement document were fulfilled in full.
The Court of Appeal did not investigate the fact of repayment of the debt, did not request the materials of the enforcement proceedings.
In addition, the fact that when calculating the amount of indexation of monetary amounts awarded by the court, the consumer price index for goods and services in the Russian Federation should be taken into account, unless otherwise provided by the terms of the contract.
Thus, at the time of consideration of the application for indexation in the court of appeal, the debt was repaid in full. The Court of Appeal did not establish all the circumstances of the case that are essential for the proper resolution of the dispute and are included in the subject of proof.
Photo: Freepik
27.06.2025
