Choosing the wrong court or date can waste time and reduce the claim. This guide concerns money already awarded by a judicial act. An employer’s salary adjustment or pension increase is a different issue. The general method is explained in the judgment debt indexation guide. Here “indexation” means adjustment for inflation under Russian procedural law.
This determines the special filing period and the calculation cut-off for a register claim.
The court that awarded the money decides indexation.
The indexation claim follows the payment treatment of the obligation that was indexed.
When to apply and where the calculation ends
Paragraph 26 of the Supreme Court Review dated 18 December 2024 permits an application within one year after the first bankruptcy procedure is introduced. Attach the court order introducing that procedure. In this situation the applicant need not wait for full or partial enforcement of the original judgment.
Acceptance of a bankruptcy petition and introduction of a procedure are different procedural events. Take the relevant date from the actual judicial act. A company’s first procedure may be supervision, while a special bankruptcy route may involve different stages.
Paragraph 29 limits indexation of a register debt to the period before the first procedure is introduced. The CPI calculation cannot continue to the present merely because bankruptcy remains unfinished. A separate moratorium-interest mechanism applies to the subsequent period where its statutory conditions are met.
Articles 208 of the Civil Procedure Code and 183 of the Commercial Procedure Code establish the general one-year period after enforcement and allow restoration for justified reasons. The bankruptcy exception requires consideration of the Supreme Court’s special explanation above. If time has already expired, the applicable procedure and reasons for missing it require separate substantiation; restoration is not automatic.
Which court decides indexation?
Under paragraph 28 of the Review, indexation is decided by the court that awarded the money. Where the debt was awarded in a separate claim, apply within that original case to the first-instance court. Inclusion of the principal debt in the creditor register does not by itself transfer jurisdiction over indexation to the bankruptcy case.
- Original proceedings. Obtain an order determining indexation of the awarded amount.
- Finality. Check the outcome and any appeal affecting the order.
- Bankruptcy proceedings. Present the indexation claim with the final judicial act and verify the correct payment treatment.
This sequence addresses money awarded in separate proceedings. Do not apply it mechanically where a debt was only established in the register and there is no separate recovery judgment: first identify which act and amount are capable of indexation. For a corporate debtor, see the guide to filing a creditor-register claim.
What priority does the indexation claim receive?
Indexation compensates for depreciation of awarded money and is not itself a penalty. However, payment treatment depends on which obligation was indexed. Paragraph 27 requires indexation to follow the underlying debt.
| Underlying award | Indexation treatment | Check |
|---|---|---|
| Principal register debt | The same payment treatment as the relevant principal debt. | Basis, priority, period before the first procedure and judicial act. |
| Awarded contractual penalty | Follows the indexed sanction rather than becoming principal debt. | Separate treatment of sanctions; no artificial improvement in priority. |
| Current claim | Can be indexed; the register-debt cut-off cannot automatically be applied. | Whether the obligation is genuinely current and general indexation conditions are met. |
| A mixed award | Requires separation of the awarded components. | Principal, interest, penalties and partial payments attributable to each amount. |
Paragraph 30 expressly permits indexation of current claims. The court that awarded the money also decides this issue. A later indexation order does not itself turn an old register debt into a current payment. Identify the underlying obligation first; for companies see current payments in corporate bankruptcy.
Documents for the creditor’s application
- The original judicial act, its case number and a precise breakdown of awarded amounts.
- The order introducing the first bankruptcy procedure and the bankruptcy case details.
- Evidence that no payment occurred, or dates and amounts of partial payments.
- A period-by-period calculation using the applicable official consumer price indices.
- Documents showing the underlying claim’s status and any existing register entry.
- Evidence of sending documents to participants as required by the applicable procedure.
- Representative-authority documents and, if time was missed, the grounds and evidence for a separate restoration application.
As a general rule, use Rosstat’s official Russian Federation CPI figures unless legislation or the contract provides otherwise. The central bank key rate is a different measure. An Article 395 Civil Code interest calculator does not calculate CPI indexation and cannot replace a monthly calculation table.
A useful worksheet has columns for month, outstanding awarded amount, applicable index, payment and intermediate result. Explain the method and basis used for incomplete periods. Do not substitute projected inflation for published figures or compound an already awarded indexation amount without a separate legal basis.
Checks for the debtor and other creditors
- Is the correct original act identified, and is the application before the competent court?
- Has petition acceptance been confused with introduction of the first procedure?
- Does the register-debt calculation extend beyond its permitted cut-off?
- Are payments accounted for and the appropriate indices used?
- Is indexation of a penalty incorrectly presented as ordinary principal debt?
- Is a claim described as current merely because the indexation order is recent?
Build objections around specific calculation entries and documents. A blanket assertion that “indexation is prohibited in bankruptcy” overlooks the Supreme Court’s explanations. An indexation order also does not guarantee actual payment: bankruptcy rules continue to apply and distributions depend on available funds.
Frequently asked questions
Can a debt be indexed if nothing has been paid?
Introduction of a bankruptcy procedure creates an exception to the general requirement to await enforcement. Provide the relevant court order and comply with the special filing period.
Can the calculation be submitted directly to the bankruptcy court for register inclusion?
Where money was awarded in separate proceedings, indexation must first be determined by the original court. A final indexation order is required to establish that amount in the register.
Are all indexation amounts treated as financial sanctions?
No. Treatment follows the indexed obligation. Principal debt and penalties must not be mixed.
Does every kind of indexation stop once bankruptcy begins?
No. Distinguish the register-debt cut-off from current claims, whose eligibility for indexation is addressed in paragraph 30 of the Review.
Sources and review date
Reviewed on 4 October 2026 against primary Russian legal texts:
- Supreme Court Review of 18 December 2024, paragraphs 26–30; the bankruptcy section reproduced in a legal reference system.
- Civil Procedure Code, Article 208.
- Commercial Procedure Code, Article 183.
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