Earlier, the court made a similar decision regarding the norms of the Civil Procedure Code, the new ruling concerns article 183 of the Arbitration Procedure Code of the Russian Federation.
First of all, the Constitutional Court of the Russian Federation recalled that "the execution of a judicial act should be considered as an element of judicial protection, the right to which belongs to inalienable human rights and freedoms and at the same time acts as a guarantee of all other rights and freedoms." Accordingly, an unlawful delay in the execution of a court decision should be considered as a violation of the right to fair justice within a reasonable time. The indexation of the awarded amounts in such a case is a confirmation that citizens receive not formal, but real protection of their rights and freedoms, otherwise the losses incurred by the recoverer from the depreciation of the awarded sums of money may remain uncompensated, "which indicates an incomplete realization of the right to judicial protection guaranteed by the Constitution of the Russian Federation."
The provisions of Article 138 of the Agro-Industrial Complex of the Russian Federation are recognized as inconsistent with the Constitution of the Russian Federation, its Article 46, since they do not contain criteria according to which indexing should be carried out. The federal legislator has been instructed to settle this issue, and until amendments are made to the current legislation, official statistical information on the consumer price index (tariffs) should be used as a criterion Rosstat.