The Issues of Indexing of Funds Recovered by the Court and Extrajudicial Bodies

The article discusses some of the problems of indexing in the civil procedure, in particular, the possibility of using this mechanism to recover sums of money based on decisions of non‑judicial authorities, the procedure for resolving the claimant’s claims, and the limits of accounting for deflation. The purpose of the study is to identify problems of legal regulation of the indexing mechanism that are not resolved in the doctrine of the civil process and law enforcement practice, and to propose ways to solve them. Using the formal legal method and the methods of functional and systematic analysis, the essential features of indexing recovered amounts as a procedural means of protecting the rights of a creditor in an established legal relationship have been identified, allowing this mechanism to be extended to alternative forms of dispute resolution and to suggest ways to improve legal regulation in this area. Since the indexation of awarded amounts is a procedural mechanism for protecting violated rights and legitimate interests in an established legal relationship, it should act as a universal tool applicable both in judicial and out‑of‑court dispute resolution procedures. At the moment, the possibility of consideration by the courts in the order in which they perform the functions of facilitating the enforcement of applications for the indexation of amounts recovered on the basis of non‑judicial enforcement documents — notary’s executive inscriptions, certificates of the financial commissioner, certificates of labor dispute commissions, etc. It is proved that indexation can be carried out only at the request of the claimant, since it acts as a means of protecting his property interests from inflationary phenomena. By indirectly stimulating the debtor to perform his duties properly, indexation cannot lead to a reduction in the amount recovered, even with sustained economic deflation. In the future, it is proposed to consolidate the competence to index the amounts collected for the enforcement authority, which will ensure the unified application of this mechanism and optimize the judicial burden.