On behalf of the Russian Federation
of January 12, 2021 No. 1-P
On the case of check of constitutionality of article 208 of the Civil Procedure Code of the Russian Federation in connection with claims of citizens L. V. Bakina, S. A. Zhidkov, E. M. Semenov and E. I. Semenova
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of Article 208 GPK of the Russian Federation.
Reason for consideration of the case were claims of citizens L. V. Bakina, S. A. Zhidkov, E. M. Semenov and E. I. Semenova. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by applicants.
As claims of citizens L. V. Bakina, S. A. Zhidkov, E. M. Semenov and E. I. Semenova concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.
Having heard the message of the judge-speaker V. G. Yaroslavtsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Article 208 GPK of the Russian Federation (in the current version entered by the Federal Law of November 28, 2018 No. 451-FZ "About modification of separate legal acts of the Russian Federation") according to the statement of the claimant or debtor the court which considered case can make indexation of the sums of money collected by court on the date of execution of the judgment in cases and in sizes which are provided by the Federal Law or the agreement.
1.1. L. V. Bakina took a legal action with the statement for indexation in the amount of the 60th 063, 45 rub of the sums of money awarded according to the decision of Korsakovsky city court of the Sakhalin region of February 25, 2015 in the claim of the citizen T. (which legal successor is the declarant based on determination of the specified court of August 11, 2015) about collection of unjust enrichment in the amount of 533 323 rub, interest for using others money in the amount of the 59th 276, 62 rub and court costs in the amount of the 9th 125, 99 rub, specifying the actual execution of this judgment on March 19, 2019 that is fixed by the resolution of the judicial police officer-contractor on the termination of the corresponding enforcement proceeding.
By determination of Korsakovsky city court of the Sakhalin region of October 18, 2019 allowance of the application of L. V. Bakina it is refused with indication of, in particular, on absence between agreement parties, providing indexation, and the Federal Law establishing possibility of indexation of the awarded sums of money on this category of disputes. The court noted also that L. V. Bakina exercised the right to interest for using others money during forced execution of the judgment by giving in court in 2016 and 2018 of claims to the debtor for collection of money from it for the periods from January 2, 2015 to January 11, 2016 and from January 12, 2016 to November 30, 2018.
Determination of Trial Court was left without change appeal determination of the Sakhalin regional court of December 17, 2019 and determination of the Ninth court of cassation of the general jurisdiction of February 26, 2020. At the same time court of cassation instance, rejecting the declarant's arguments about illegal non-use by courts to disputable legal relationship of the legal line item formulated in the Resolution of the Constitutional Court of the Russian Federation of July 23, 2018 No. 35-P specified that the Constitutional Court of the Russian Federation recognized Article part one 208 GPK of the Russian Federation (in the edition operating before entry into force on October 1, 2019 of the Federal Law of November 28, 2018 with No. 451-FZ regarding statement in the new edition of the specified regulation) not the relevant Constitution of the Russian Federation and determined the criterion of calculation of indexation of the awarded sums of money which is subject to application before entering into the operating legal regulation of the changes following from this Resolution, however such criterion is inapplicable in connection with introduction specified by the Federal Law of changes in legal regulation of indexation of the awarded sums of money.
The judge of the Supreme Court of the Russian Federation agreed with court decrees on this case, determination of April 9, 2020 having refused to L. V. Bakina transfer of the writ of appeal for consideration in judicial session of Judicial board on civil cases of the Supreme Court of the Russian Federation.
1.2. The correspondence decision of the magistrate judge of judicial site No. 5 of the city of Abakan of January 20, 2016 from the citizen B. for benefit of S. A. Zhidkov collects money owing to improper execution of the loan agreement. Due to the non-execution by the debtor of this judgment S. A. Zhidkov addressed the magistrate judge of the same judicial site with the statement for indexation of the awarded sums of money from January 20, 2016 till December 16, 2019 which satisfaction by determination of January 20, 2020 it was refused with indication of, in particular, on lack of the Federal Law and concluded by agreement parties, providing possibility of such indexation according to requirements of Article 208 GPK of the Russian Federation (in the current version entered by the Federal Law of November 28, 2018 No. 451-FZ).
Appeal and cassation claims of the applicant to the specified determination of the magistrate judge are left without satisfaction with appeal determination of the Abakan city court of the Republic of Khakassia of February 20, 2020 and determination of the Eighth court of cassation of the general jurisdiction of June 9, 2020 respectively.
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