Download the application for indexation of awarded amounts. The Supreme Court gave clarifications on the indexation of amounts collected by the court. Sample claim for indexation of awarded amounts of money.

from 10/05/2019

Interesting, from the point of view of the application of law, is the application for indexation of awarded amounts. The thing is that Article 208 of the Civil Procedure Code of the Russian Federation directly establishes the rule for such indexation. Upon receipt of a corresponding application, the court has the right to index the awarded funds to the date of execution of the court decision. As the Supreme Court of the Russian Federation explained back in 2009, indexation is based on the consumer price growth index.

However, in 2018, the Constitutional Court of Russia, in response to a complaint received by it, recognized Part 1 of Art. 208 partially inactive. What does this mean? No, the opportunity to submit an application for indexation of awarded amounts when a sufficiently long period has passed between the date of the decision and its execution remains. Interestingly, the mechanism has not changed yet. It’s just that the courts in the Russian Federation have made quite a lot of decisions in which they refused to satisfy the application for indexation of the awarded amounts. Citing the lack of an indexing mechanism. The Constitutional Court corrected the courts and, before the adoption of the relevant norms, established the procedure for applying Art. 208 Code of Civil Procedure of the Russian Federation.

The writ of execution, together with the applicant (claimant), was presented to the bailiff department of the Leninsky district of Nizhny Novgorod. On December 25, 2019, enforcement proceedings No. 289-484/2019 were initiated.

The decision of the Ardatovsky District Court dated September 17, 2019 was executed by the defendant only on May 19, 2020. That is, 6 months after it entered into legal force and 8 months from the date of issuance. As a result of the long-term failure to comply with the court decision, the funds awarded to me have become worthless.

In accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation and the resolution of the Constitutional Court of July 23, 2018 N 35-P, the court that considered the case on the application has the right to index the awarded funds to the date of execution of the court decision. Indexation is carried out based on the consumer price index approved by the Federal State Statistics Service. Which is published on the official website of the Federal State Statistics Service on the Internet.

In accordance with official data from the Federal State Statistics Service, the consumer price growth index was:

– October – 100.44,

– November – 100.35

– December – 100.26

– January – 101

– February – 100.56

– March – 100.44

– April – 100.4

Thus, the indexation calculation

159000+15000 (principal amount of debt) = 174000*1.0044*1.0035*1.0026*1.01*1.0056*1.0044*1.004 -174000= 6089.37 rubles.

Based on the above, guided by art. 208 Code of Civil Procedure of the Russian Federation,

1. To recover from Insurance LLC in my favor funds in the amount of 6,089.37 rubles. as an indexation of the amount of money awarded by the decision of the Ardatovsky District Court of the Nizhny Novgorod Region dated September 17, 2019 for the period from September 17, 2019 to May 19, 2020.

Application:

1. A copy of the application;
2. Indexation calculation
3. Information on the consumer price index in the Russian Federation (posted on the official website)
4. Resolution of the bailiff.

06/20/2020 Shipunova A.M.

Right to indexing

Unlike claims, which are calculated under Art. 395 of the Civil Code of the Russian Federation, the court must consider an application for indexation of awarded amounts positively, regardless of the debtor’s guilt. Indexation is not a measure of responsibility. And a way to compensate the claimant for possible losses due to the lengthy execution of the court decision.

At the same time, the wording “has the right” indicates that the procedure for considering the application will be adversarial. The parties have the right to present their objections, arguments and evidence.

The right to apply to the court for indexation is granted to both the claimant and the debtor. You can submit an application for indexation at any time; you do not have to wait for the court decision to be executed. Although, as a general rule, the calculation of indexation is carried out from the date of the decision until the day of its actual execution. Once the decision has been executed, an application for indexation must be submitted within 3 years from the specified date.

The indexation amount is calculated based on the increase in consumer prices posted on the official website of Roststat.

We draw up an application for indexation of awarded amounts

The application is drawn up in writing and submitted to the court, which considered the case on its merits. The text of the document must indicate:

• information about the initiated enforcement proceedings (if it has not been initiated, the right to file such an application is still possible. Since the court decision could be executed voluntarily);
• date of execution of the decision;
• calculation of indexation (in this case, the calculation can be drawn up on a separate sheet);
• demand for recovery of the specified amount from the debtor;
• date and signature.

If the court decision has not yet been executed, the applicant may request a ruling according to the rules of Art. 208 of the Code of Civil Procedure of the Russian Federation and then such indexation will have to be calculated and carried out by the bailiff on the date of execution of the decision.

The review opens with an analysis of the practice of the Judicial Collegium of the Supreme Court in civil cases. This chapter, in particular, examines the resolution of disputes related to the protection of property rights and other property rights and housing relations, the resolution of disputes regarding the collection of insurance compensation under a voluntary property insurance agreement, labor and family disputes, as well as a number of procedural issues.

Analyzing one of the cases, the Supreme Court notes that the law does not establish a minimum period for which indexation of amounts collected by the court in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation in connection with non-execution of a court decision.

The Society for the Protection of Consumer Rights (hereinafter referred to as the Society for the Protection of Consumer Rights), acting in defense of the rights and legitimate interests of consumer M., filed a petition with the court to index the amounts of money collected by the court, indicating that on August 15, 2012, the district court made a decision to collect from the organization in favor of M. 3,030,750 rubles, in favor of OZPP - 607,750 rubles. The court decision was executed untimely by the defendant: in relation to the claimant M. - on December 7, 2012, in relation to the OZPP - on February 11, 2013. Under these circumstances, the applicant asked to index the collected amounts on the day of execution of the court decision and to recover from the debtor organization the indexation amount in in favor of M. for the period from August 15 to December 7, 2012, in favor of OZPP for the period from August 15, 2012 to February 11, 2013.

By the ruling of the district court, left unchanged by the appeal ruling, the stated claims were partially satisfied, the awarded amounts were indexed for the period from November 15, 2012 to February 11, 2013, and the rest of the stated claims were left unsatisfied.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, by its ruling No. 81-КГ14-17, canceled the previous court decisions and sent the case for a new trial to the court of first instance on the following grounds.

According to Part 1 of Art. 208 of the Code of Civil Procedure of the Russian Federation, at the request of the claimant or debtor, the court that examined the case may index the amounts collected by the court on the day of execution of the court decision. This rule acts as a procedural guarantee for the protection of the property interests of the claimant and the debtor from inflationary processes in the period from the moment the court decision is made until its actual execution.

The mechanism for indexing amounts of money collected by court decision is aimed at maintaining the purchasing power of these amounts, is not a measure of civil or other liability and is applied regardless of the guilt of the person obliged to pay the money for the delay in their payment. The only basis for indexing the collected amounts is their depreciation on the day of the actual execution of the court decision.

Thus, in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation, the court considers applications for indexation in relation to amounts of money already collected by court decision, the actual execution of which was delayed for a certain time.

Refusing to satisfy the stated requirement, the court of first instance, as well as the court of appeal, leaving the said court ruling unchanged, guided by Part 1 of Art. 208 Code of Civil Procedure of the Russian Federation in conjunction with Art. 210 of the Code of Civil Procedure of the Russian Federation, proceeded from the fact that the decision of the district court of August 15, 2012 in relation to M. was executed within a reasonable time, the periods of non-execution of the court decision, calculated by the court from the date the court decision entered into legal force and to the day of its execution, are less than months, and therefore the use of indexation was considered impossible. The amount of indexation of the sums of money awarded by the court decision to the Criminal Code was calculated by the court from the moment the judicial act entered into legal force.

Meanwhile, the indexation of amounts awarded by the court, which acts as a mechanism that makes it possible to fully compensate for the losses of the claimant from a long-term non-execution of the court decision, is carried out from the moment the court awards the amounts until the actual execution of the court decision.

Thus, since the law does not establish a minimum period for which compensation can be calculated in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation, the court’s conclusions about the impossibility of applying indexation to the amounts collected by the decision of the district court of August 15, 2012 in favor of M. are unlawful.

The panel of judges found incorrect the court's conclusion that the indexation of sums of money collected in favor of the OZPP should be calculated from the moment this judicial act enters into legal force. By virtue of Part 1 of Art. 199 of the Code of Civil Procedure of the Russian Federation, the court decision is made immediately after the hearing of the case. The court must announce the operative part of the decision at the same court session in which the trial of the case ended. The announced operative part of the court decision must be signed by all judges and attached to the case.

Taking into account the above rule of law, the moment of awarding sums of money is the day of the judicial act by which these sums were recovered, since the procedural aspects associated with the entry into force of a court decision only serve as a guarantee of compliance with its legality, without affecting the rights of the parties to the dispute, in in respect of which an act of justice was issued, confirming, on the date of its adoption, the existence of the corresponding right.

With the full text of the review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2015) can be found.

The inevitable process of inflation was reflected in court proceedings by granting the winning party the right to go to court by filing an application for indexation of the awarded amounts. This possibility is provided in cases where the plaintiff, when filing a statement of claim or by changing the subject matter, distorted monetary claims against the defendant, which were satisfied by the court.

A fairly long period may pass between the date of the decision and its execution: the parties are given the right to appeal, there are deadlines in enforcement proceedings, and when filing a cassation appeal, the applicant has the right to ask the court to suspend the enforcement proceedings. To ensure that the funds do not depreciate, an application is submitted to the court for indexation of the awarded amounts.

Example of an application for indexation of awarded amounts

To the Ardatovsky District Court

Nizhny Novgorod region

Applicant: Shipunova Anastasia Mikhailovna,

address: 607130, Ardatov, st. Communist, 84-41,

Debtor: Insurance LLC,

address: 603950, Nizhny Novgorod, Moskovsky Ave., 19

within the framework of case No. 2-181/2015

on consumer protection

Application for indexation of awarded amounts

By the decision of the Ardatovsky District Court of the Nizhny Novgorod Region dated September 17, 2015, the demands of Anastasia Mikhailovna Shipunova against Insurance LLC, Nizhny Novgorod, for the recovery of funds in the amount of 159,000 rubles were satisfied. in a claim for consumer protection, compensation for moral damage in the amount of 15,000 rubles. The decision came into force after consideration of the appeal on December 19, 2015.

The writ of execution, together with an application to initiate enforcement proceedings, was presented to the bailiff department of the Leninsky district of Nizhny Novgorod on December 22, 2015, and on December 25, 2015, enforcement proceedings No. 289-484/2015 were initiated.

The decision of the Ardatovsky District Court dated September 17, 2015 was executed by the Defendant only on May 19, 2016, 6 months after it entered into legal force and 8 months from the date of issuance. As a result of the long-term failure to comply with the court decision, the funds awarded to me have become worthless.

In accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation, the court that examined the case, at the request of the parties to enforcement proceedings, has the right to index the awarded funds to the date of execution of the court decision. Based on the clarifications of the Supreme Court of the Russian Federation (determination No. 8-G09-9 dated December 29, 2009, etc.), the indexation of awarded amounts is carried out according to the growth of the consumer price index in the corresponding constituent entity of the Russian Federation.

In accordance with official data from the Federal State Statistics Service for the Nizhny Novgorod Region, the consumer price growth index was:

• October – 100.44,
• November – 100.35
• December – 100.26
• January – 101
• February – 100.56
• March – 100.44
• April – 100.4

Thus, the indexation calculation

159000+15000 (principal amount of debt) = 174000*1.0044*1.0035*1.0026*1.01*1.0056*1.0044*1.004 -174000= 6089.37 rubles.

Based on the above, guided by art. 208 Code of Civil Procedure of the Russian Federation,

1. To recover from Insurance LLC in my favor funds in the amount of 6,089.37 rubles. as an indexation of the amount of money awarded by the decision of the Ardatovsky District Court of the Nizhny Novgorod Region dated September 17, 2015 for the period from September 17, 2015 to May 19, 2016.

Application:

1. A copy of the application;
2. Indexation calculation
3. Certificate from Rosstat on the consumer price index in the Nizhny Novgorod region
4. Resolution of the bailiff on the completion of enforcement proceedings.

06/20/2016 Shipunova A.M.

We draw up an application for indexation of awarded amounts

Unlike claims for the recovery of penalties, which are calculated according to Art. 395 of the Civil Code of the Russian Federation, an application for indexation of awarded amounts should be considered positively, regardless of the debtor’s guilt. Indexation is not a measure of liability, but a way to compensate the claimant for possible losses due to the lengthy execution of the court decision.

The right to apply to the court for indexation is granted to both the claimant and the debtor. Moreover, this right arises for the applicant from the moment the court decision is made (and not the date the decision enters into force). You can submit an application for indexation at any time; you do not have to wait for the court decision to be executed. Although, as a general rule, the calculation of indexation is carried out from the date of the decision until the day of its actual execution. Once the decision has been executed, an application for indexation must be submitted within 3 years from the specified date.

The indexation amount is calculated based on the increase in consumer prices in the region in which the claimant lives, regardless of the place of residence or location of the debtor. After all, indexation is a mechanism for protecting, first of all, the rights of the claimant.

The application is drawn up in writing and submitted to the court that considered the case on its merits. The text of the document must indicate:

• information about the initiated enforcement proceedings (if it was not initiated, the right to file such an application will still be available, since the court decision could be executed voluntarily);
• date of execution of the decision;
• calculation of indexation (in this case, the calculation can be drawn up on a separate sheet) based on the increase in consumer prices in the region of residence of the claimant;
• demand for recovery of the specified amount from the debtor.

If the court decision has not yet been executed, in the application for indexation of the awarded amounts, you can ask for a ruling on indexation according to the rules of Art. 208 of the Code of Civil Procedure of the Russian Federation and then such indexation will have to be calculated and carried out by the bailiff on the date of execution of the decision.

Consideration of an application for indexation of awarded amounts

The application is considered in a court hearing with mandatory notification of the persons involved in the case. The court will definitely check the calculation of the indexation amount and the correct application of information from the statistics body. The result of consideration of the application for indexation is formalized by issuing a court ruling, against which a private complaint can be filed.

A sample application for indexation of awarded amounts, taking into account the latest changes in current legislation.
Cash is subject to inflation. Having gone to court, for example, with a statement of claim to collect a debt and won the case, it is still necessary to obtain a court award from the defendant. And sometimes more effort and time is spent on this than on a trial. As a result of the lengthy execution of a court decision, the funds to be collected become depreciated. For such cases, the Civil Procedure Code of the Russian Federation specifically provides for a mechanism for indexing awarded amounts of money.
Please note that Article 208 of the Code of Civil Procedure of the Russian Federation does not stipulate by what specific percentage the amount of money collected by the court should be increased. The choice of inflation instrument is the right of the plaintiff. Typically, the Composite Consumer Price Index is used for this purpose. A certificate of the size of such an index for the period of time from the moment the court decision is made until the actual collection of the amount of money can be obtained from the local statistics department. In addition, you can use changes in the cost of living, the inflation index included in the Federal budget, and other values ​​that show how much money has depreciated.
The application for indexation of the awarded amounts will be considered by the court at a court hearing within the framework of an already considered civil case. Such an application is not subject to state duty. The general rules for drawing up statements of claim also apply to drawing up such a statement in court. The application must be accompanied by a calculation, documents confirming inflation, and copies of documents for the defendant.
The consideration of the application for indexation ends with the issuance of a court ruling.

IN _____________________________
(name of court)
Applicant: _____________________
(full name, address)
Debtor: _______________________
(full name, address)

STATEMENT

on indexation of awarded amounts

By a court decision dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the essence of the claims), the plaintiff’s demands were satisfied. _______ rubles were recovered from the defendant in favor of the plaintiff.
However, the court decision was not executed (partially executed or executed with a long delay). As a result of the defendant's lengthy execution of the court decision, the funds determined to be collected by the court decision became worthless.
According to my calculations, the amount of money determined by the court decision dated “___”_________ ____ is _______ rubles. for the period from “___”_________ ____ (the date of the decision) to “___”_________ ____ (the date for which the indexation is calculated) is subject to indexation by _______ rubles.
Based on the above, guided by Article 208 of the Civil Procedure Code of the Russian Federation,

Ask:

Collect _______ rub. in my favor with _________ (full name of the defendant) as an indexation of the amount of money awarded by the court decision dated "___"_________ ____ for the period from "___"_________ ____ (date of the decision) to "___"_________ ____ ( date for which indexation is calculated).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of application
2. Indexation calculation
3. Documents confirming the amount of inflation
4. Other evidence confirming the grounds for the application for indexation of the awarded amount

How to index the amount of debt under a court decision that has entered into force. Below is a sample statement of claim for the collection of interest for using a loan, interest under Art. 395 of the Civil Code of the Russian Federation, indexation of sums of money collected by the court.

__________________ court of Izhevsk

Plaintiff: _________________________

Respondent: ____________________

Address:___________________________

Claim price: ___________

State duty: __________________

Statement of claim

on the collection of interest for the use of a loan, interest under Art. 395 of the Civil Code of the Russian Federation.

By the decision of the Leninsky District Court dated _________ in civil case No. _________ against the defendant. in favor of the plaintiff. The amount of debt was collected under the loan agreement dated July 15, 2013. in the amount of 400,000 rubles, the amount of debt under the loan agreement dated July 16, 2013. in the amount of 570,000 rubles. The total amount of debt is 970,000 rubles.

To date, the defendant has not repaid the debt, is evading payment of the collected amounts, and is not complying with the court decision.

Clause 1 of Art. 809 of the Civil Code of the Russian Federation determines that, unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified in the agreement. If there is no provision in the agreement on the amount of interest, its amount is determined by the existing rate at the place of residence of the lender, and if the lender is a legal entity, at its location bank interest rate (refinancing rate) on the day the borrower pays the debt amount or the relevant part thereof.
By virtue of clause 3 of Art. 810 of the Civil Code of the Russian Federation, unless otherwise provided by the loan agreement, the loan amount is considered repaid at the moment it is transferred to the lender or the corresponding funds are credited to his bank account.
Based on the above, if the court makes a decision to collect the principal debt and interest under the loan agreement, this agreement will be considered fulfilled at the time the funds are returned or funds are received into the lender’s account.
Consequently, in the event of failure to comply with the court decision, the specified agreement cannot be considered fulfilled, and the obligation to pay the specified amounts cannot be considered terminated.

Thus, if the court decision is not executed, the lender has the right to apply to the court with a demand to collect from the debtor interest on the loan amount stipulated by the agreement, starting from the day on which the specified interest was collected by the court decision until the day of the actual execution of the court decision on collection the loan amount received by the borrower.

Calculation of interest for using a loan.

The amount of debt is 970,000 rubles.

The period for using the loan is from October 23, 2014. until 10/12/2018 (1451 days).

Bank interest rate (key rate) 7.5% per annum.

In addition, the plaintiff has the right to recover interest under Art. 395 of the Civil Code of the Russian Federation. In accordance with Part 1 of Art. 395 of the Civil Code of the Russian Federation for the use of someone else’s funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the bank interest rate existing at the place of residence on the day of fulfillment of the monetary obligation or its corresponding part.

Calculation of interest for the use of other people's funds under Art. 395 Civil Code of the Russian Federation

Debt amount 970,000 rubles

Overdue period: from October 23, 2014 until 10/12/2018

Furthermore, in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation, At the request of the claimant or debtor, the court that examined the case may index the amounts of money collected by the court on the day of execution of the court decision. As a result of the defendant's long-term failure to comply with the court decision, the funds determined to be recovered by the court decision became worthless.

According to my calculations, the amount of money determined by the court decision dated October 22, 2014 is 970,000 rubles. for the period from October 22, 2014 (the date of the decision) to October 12, 2018 (the date for which the indexation is calculated) is subject to indexation by 231,452.74 rubles.

Information on the CPI (m/m) for the region “Udmurt Republic”

Based on the above, guided by Ch. 42 Civil Code of the Russian Federation, Art. 395 Civil Code of the Russian Federation, Art. 131-132, 208 Code of Civil Procedure of the Russian Federation,

1. To collect from the defendant in favor of the plaintiff interest for the use of the loan in the amount of RUB 289,006.84.
2. To collect from the defendant in favor of the plaintiff interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation) in the amount of 333,550.25 rubles.
3. To recover from the defendant in favor of the plaintiff 231,452.74 rubles. as an indexation of the amount of money awarded by the decision of the Leninsky District Court dated _________.

Application:

1. A copy of the receipt for payment of the state duty;
2. Copy of the Decision of the Leninsky District Court of Izhevsk dated __________.
3. A certificate confirming the amount of inflation.

"___"________2018

_____________/________________-

Attachments to the claim

As can be seen from the sample, the statement of claim must be accompanied by

1. Copies of the statement of claim by number of persons;
2. Receipt for payment of state duty (original or copy)
3. A copy of the court decision for which the debt is indexed.