INDEXATION OF AMOUNTS AWARDED BY JUDICIAL ACTS IN INSOLVENCY (BANKRUPTCY) CASES: ISSUES OF LAW ENFORCEMENT PRACTICE

Abstract

The article deals with certain issues related to the realization by persons participating in
the case of the right to index the amounts awarded by judicial acts in the framework of the arbitration
process. It is established that, despite the consolidation of this right in the arbitration procedural legislation, in practice its implementation in the framework of an insolvency (bankruptcy) case is very problematic. Based on the analysis of arbitration procedural legislation, legislation on insolvency (bankruptcy), as well as law enforcement practice regarding indexation of amounts awarded by judicial acts,
the article makes a number of theoretical conclusions and practical proposals to eliminate uncertainty
in the legal regulation of this issue. In particular, it is proposed to exclude the possibility of changing
the register of creditors' claims due to the indexation procedure after the register is closed.