On behalf of the Russian Federation
of July 22, 2021 No. 40-P
On the case of check of constitutionality of Article 183 of the Arbitral Procedure Code of the Russian Federation in connection with request of Arbitration Court of the Republic of Tatarstan and the claim of the citizen V. V. Storublevtsev
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, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97, 99, 101, 102 and 104 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 of 183 AIC of the Russian Federation.
Reason for consideration of the case were the request of Arbitration Court of the Republic of Tatarstan and the claim of the citizen V. V. Storublevtsev. 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 the request and the claim 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 of 183 AIC of the Russian Federation the Arbitration Court of the first instance which considered case makes according to the statement of the claimant indexation of the sums of money awarded 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 (part 1); the application specified regarding 1 this Article is considered in judicial session in ten-day time from the date of receipt of the petition; persons participating in case are informed on time and the place of judicial session; absence of properly informed persons participating in case is not obstacle for consideration of the application about indexation of the awarded sums of money; by results of consideration of the application determination is taken out (part 2); the arbitration court ruling about indexation of the awarded sums of money or about refusal in indexation can be appealed (part 3).
1.1. In production of Arbitration Court of the Republic of Tatarstan there is case on the petition from the citizen And. to the citizen F. about indexation of the sums of money awarded by the decision of the same court of April 2, 2015 in the amount of 2 115 018, 75 rub. By consideration of this case the Arbitration Court of the Republic of Tatarstan came to conclusion about need of sending an inquiry in the Constitutional Court of the Russian Federation regarding check of constitutionality of Article of 183 AIC of the Russian Federation and on February 9, 2021 took out determination about suspension of proceeedings.
According to Arbitration Court of the Republic of Tatarstan, the specified regulation does not correspond to Article 46 (part 1) Constitutions of the Russian Federation in that measure in what the provision containing in it - in case of absence in system of the operating legal regulation of the mechanism of indexation of the sums of money collected by court, with need recognized by court practice as applicable - does not contain certain and unambiguous criteria according to which the indexation provided by it shall be performed.
1.2. Parts 2 and 3 of Article of 183 AIC of the Russian Federation disputed in request of Arbitration Court of the Republic of Tatarstan, providing procedural procedure for consideration by Arbitration Court of the statement for indexation of the awarded sums of money and possibility of appeal of the determination which is taken out on this matter, do not contain criteria using which such indexation can be performed by Arbitration Court, and therefore this request in this part does not answer the requirement of admissibility fixed by the Federal constitutional Law "About the Constitutional Court of the Russian Federation" and production on this case in this part is subject to the termination based on Item 2 parts one of Article 43 and part one of article 68 of the specified Federal constitutional Law.
1.3. The decision of Arbitration Court of the city of St. Petersburg and the Leningrad region which took legal effect of April 18, 2017 from the citizen E. according to the action for declaration of the legal entity damages are claimed. The claimant according to the procedure of procedural legal succession is replaced with the resolution of the Thirteenth Arbitration Appeal Court of December 27, 2018 with the citizen V. V. Storublevtsev who then appealed to Arbitration Court with the statement for indexation of the awarded sums of money. Satisfaction of this statement it was refused by the ruling of arbitration court of the city of St. Petersburg and the Leningrad region of May 23, 2019 (it is left without change the resolution of the Thirteenth Arbitration Appeal Court of August 7, 2019 and the resolution of Arbitration Court of the Northwestern Federal District of November 20, 2019). By determination of the judge of the Supreme Court of the Russian Federation from March 16, 2020 in transfer of the writ of appeal V. V. Storublevtsev for consideration judicial session of Judicial board on economic disputes of the Supreme Court of the Russian Federation it is also refused. As noted Arbitration Courts, neither the Federal Law, nor the contract between the parties provide possibility of such indexation.
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