How to count interest in 395. How to make a calculation of interest under Article 395 of the Civil Code (new rules)

For lawyers on the Internet there is a convenient service - calculator calculating interest for the use of others cash under Article 395 of the Civil Code of the Russian Federation. Use for free.

An online calculator for calculating interest paid for illegal retention of money or evasion of their payment corresponds to the Civil Code ,. The knowledge base of the calculator includes all the interest rates in the regions that the Bank of Russia has established a monthly basis, as well as:

• refinancing rate if the drawing began until June 1, 2015;
• If the drawing lasted after August 1, 2016

An interest calculator calculator for the use of other people's money will tell:

• what formula is used to calculate the penalty under Art. 395 of the Civil Code;
• as in 2019, calculate penalties for the delay in payment in accordance with this article.

According to the rules relevant for 2019, the calculation of interest on 395 article of the Civil Code of the Russian Federation takes into account their accrual from the date following the day in which the payment was to be made.

Example.If the debtor had to make a payment until January 11, 2019, then the period of delay will begin on January 12, 2019.

Other calculators for lawyers

What formulas are used when calculating interest under Article 395 of the Civil Code of the Russian Federation with the help of a calculator

The calculator takes into account all the interest rates in the regions that the Bank of Russia has established a monthly basis, as well as the refinancing rate, if the proceeding began until June 1, 2015, and the key rate, if the proceedings lasted after August 1, 2016.

The general formula for calculating interest under Article 395 of the Civil Code of the Russian Federation: the amount of the principal debt multiply by the number of calendar days of delay in payment and the current key rate and divided by the number of days a year.

For example: Customer's debt in front of the contractor amounted to 100,000 rubles. The customer delayed the payment for 7 calendar days. During the delay period, the key rate was 7.5%. Year is not a leap, in it 365 days. Then the penalty on article 395 will be 143 rubles 84 kopecks.

Please note that this method is used to determine the penalty interest for one-time payments. If the debt arose in relation to periodic payments, the percentage for delay is determined by each such payment separately until the day of repayment of debt.

Also note that the contract may indicate a different percentage, and when calculating it should be used.

How to calculate interest on article 395 of the Civil Code of the Russian Federation during periodic payments

According to russian legislation The size of the penalty at periodic payments (for the use of services, loan, rental equipment or real estate, etc.) is formed as a sum for all periods of payment.

Example.A semi-annual contract for renting an excavator from July 25, 2018 to January 25, 2019 was concluded at a price of 30,000 rubles per month. Under the terms of the contract, the tenant is obliged to pay for rent a month ahead no later than the 25th day of the current month. However, he paid only for August and September, from the rest of the payments dreamed. To make a calculator calculator calculating interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to fold several amounts by the following formula:

1. Interest from 30,000 rubles. For the period of delay from 09/25/2018 to 04.02.2019 (approximate date of the statement).
2. Interest from 30,000 rubles. For the period from 25.10.2018 to 04.02.2019.
3. Interest from 30,000 rubles. For the period from 25.11.2018 to 04.02.2019.
4. Interest from 30,000 rubles. For the period from 25.12.2018 to 04.02.2019.

For each period of delay, the amount of the penalty is calculated, the amount of interest will be the amount of percent percent of the penalty for the use or retention of other funds accrued for each period.

How to identify penalty interest if the rate changed

On January 1, 2016, the refinancing rate was equated to the key. From this point on, penalty interests under Article 395 of the Civil Code of the Russian Federation began to define under the new rules: in the calculator, you need to specify the current key rate or an indicator that corresponds to the delay period. It is necessary to rely on the refinancing rate only when determining the fine for delay in old contracts. However, complex cases of calculation may occur.

For example, the contractor fulfilled the work and passed them on time, July 5, 2018. The date of payment was tied to the moment of acceptance of the results. On July 5, the customer accepted the work, but did not pay. The amount of the principal debt is 100,000 rubles. The delay stretched for several months, during which time the key rate changed. Money customer has listed only on December 6, 2018. Interest must be calculated for the period from July 6 (first day of delay) to December 6. This is 154 days. When calculating interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to use the general formula and rely on the bid that acted in this period. The calculation may look like this:

1. From July 6 to September 16 (73 days), the key rate is 7.25%. Then: 100,000 x 73 x 7.25% / 365 \u003d 1,450 rubles.
2. From September 17 to December 6 (81 days), the key rate is 7.5%. Then: 100,000 x 81 x 7.5% / 365 \u003d 1 664 rubles 38 kopecks.
3. We fold the first and second results. For the delay, the Customer must pay 3,114 rubles 63 kopecks.

What rules work when calculating interest under Art. 395, if the return date did not indicate

Article 810 of the Civil Code of the Russian Federation obliges a borrower to return credit money on time and in the manner prescribed by the loan agreement. If the contract does not contain a specific number, month and year of returning the loan amount, the law imposes an obligation to the borrower full repayment Debt within thirty days from the date of presentation of the relevant requirements.

Example. The borrower took 100,000 rubles to debt at the lender on receipt, which does not specify the date of return of funds. After some time - August 15 - the lender sent the debtor's demand for the return of debt. In this situation, the first day of delay will be considered not to be considered on August 15, and 15.08 plus 31 days, that is, on September 16, since September 15 - the last day of the return of the loan without accrual of interest in 395 Civil Code of the Russian Federation.

The side of the loan agreement is entitled to independently determine the amount of the penalty for the delay in the fulfillment of monetary obligations. According to Part 4 of Art. 395 of the Civil Code of the Russian Federation in the case when the contract itself indicated the size of the fines for non-performance (improper performance) by one of the contracts of their monetary obligations, the calculation of interest is carried out on the basis of the contract.

However, on the basis of Part 6 of Art. 395 GK of the Russian Federation The defendant has the right to apply to the court to reduce the amount of interest if they are disproportionate the consequences of the non-payment of debt.

In this regard, when applying for a statement, it is necessary to produce a possible decrease in the judge of claims and, with an obvious inconsistency of interest and total debt, one should independently reduce the amount of interest, thereby saving on the amount of state duty.

Formula for calculating percent of 395 tbsp. Civil Code for the use of other people's money. The requirement for the payment of interest cannot replace the claims for the recovery of income extracted from the unjust acquired in the natural form of property (P.6 of the review of the practice of consideration of disputes related to the application of norms about unjust enrichment given in the annex to the information letter of the Presidium of the Russian Federation of January 11, 20 № 49).

Percent size is determined by the existing lender in the residence, and if the lender is entity, at the place of its location of the bank interest rate on the day of execution monetary obligation or its appropriate part. When recovering debt in judicial order The court can meet the creditor's requirement based on the bank interest rate on the day of the claim or on the day of the decision.

The formula for calculating interest for the use of other people's funds follows from the provision of Article 395 of the Civil Code of the Russian Federation

Article 395. Responsibility for non-fulfillment of monetary obligation
(as amended by the Federal Law of 08.03.2015 N 42-FZ, EST. in force from 01.06.2015)
1. For the use of other people's money due to their unlawful retention, deviations from their return, other delay in their payment or unjust receipt or savings at the expense of another person are subject to pay interest in the amount of these funds. The amount of interest is determined by the lender existing ones at the residence or if the lender is a legal entity, at the place of its location, published by the Bank of Russia and we had a place at the appropriate periods of average bank interest rates on deposits individuals. These rules apply if other percentage size is not established by law or contract.
(paragraph 1 as amended by Federal Law of 08.03.2015 N 42-FZ)

2. If the damage caused by the creditor by unlawful use of its cash exceeds the amount of interest due to it on the basis of paragraph 1 of this article, it has the right to demand damages from the debtor in a part in excess of this amount.

3. Interest for the use of other people's funds are charged on the day of payment of these funds to the lender, if the law, other legal acts or the contract is not established to accrual interest for a shorter period.

4. In the case when the Agreement of the Parties provides a penalty for non-performance or improper performance of a monetary obligation, the interest provided for in this article is not subject to recovery, unless otherwise provided by law or contract.
(p. 4 introduced Federal law from 08.03.2015 N 42-FZ)

5. Accrual percent percent (complex interest) is not allowed unless otherwise established by law. For obligations executed in the implementation of entrepreneurial activities, the application complex interest Not allowed, unless otherwise provided by law or contract.
(clause 5 introduced by Federal Law of 08.03.2015 N 42-FZ)

6. If the amount payable is clearly disproportionated by the consequences of the impairment of the obligation, the court at the application of the debtor is entitled to reduce the interest provided by the contract, but not less than the amount specified on the basis of the rate specified in paragraph 1 of this article.
(Section 6 introduced by Federal Law of 08.03.2015 N 42-FZ)

Formula for calculating interest

An example of calculating interest:

The calculation of interest for the use of other people's money under Art. 395 Civil Code of the Russian Federation in calendar days

The calculation of interest for the use of other people's money under Art. 395 of the Civil Code of the Russian Federation at the rate of 30 days in a month (360 days a year)

With the amount of debt 1 000 rubles. (Central Federal District)
Interest for the use of other people's money make up:
- From 10/21/2015 to 31.10.2015 (11 days):

1 000 × 11 × 9.49% / 360 \u003d 2.90 rub.

The calculation of interest on the monetary obligation under Art. 317.1 of the Civil Code of the Russian Federation

With the amount of debt 1 000 rubles. Interest under Art. 317.1 of the Civil Code of the Russian Federation amounted to:
- C 21.10.2015 to 31.10.2015 (11 days):

1 000 × 11 × 8.25% / 360 \u003d 2.52 rub.

Total: 2.90 + 2.52 \u003d 5.42 rubles.

When recovering interest under Article 395 of the Civil Code, it is necessary to take into account that:
Interest for the use of other people's money is not a type of penalty, but they are applicable to the provisions of Article 333 of the Civil Code of the Russian Federation to reduce the penalty;
interest are charged until the actual execution of the obligation;
Interest on article 395 of the Civil Code of the Russian Federation are charged not only within the framework of contractual obligations, but also within the framework of non-investigative, if they are monetary;
Interest for the use of other people's money in relation to losses isked about: you can recover the difference between really emerging losses and interest under Article 395 of the Civil Code of the Russian Federation.

How to correctly calculate interest under Art. 395 Civil Code of the Russian Federation

Question number 1: For the purpose of calculating interest under Art. The 395 Civil Code of the Russian Federation indicates the amount of debt with VAT or without VAT? Answer: The amount of debt should be indicated with VAT. This legal position is formed in the decision of the Presidium of the Supreme Court of the Russian Federation of September 22, 2009 No. 5451/09 in case No. A50-6981 / 2008-M-10.

Question number 2: Does the payment of cash in the period of delay?

Answer: Payment Day is included in the period of delay in the fulfillment of the monetary obligation. This legal position is formed in the decision of the Presidium of the Supreme Court of the Russian Federation of January 28, 2014 No. 13222/13 in case No. A40-107594 / 12-47-1003.

Question number 3: The period of delay should be determined at the rate of 30 days in a month and 360 days a year or in calendar days?

Answer: In judicial practice, both of these approaches are found.

Legal justification for determining the period of delay at the rate of 30 days in a month and 360 days a year:
In paragraph 2 of the joint decree of the Plenum of the Supreme Court of the Russian Federation, N 13, the Plenum of the WHERE of the Russian Federation N 14 of 10/08/1998 (hereinafter - the Resolution No. 13/14) indicates:
When calculating payable annual interest at refinancing rate Central Bank Russian Federation The number of days a year (month) is taken equal, respectively, 360 and 30 days, unless otherwise established by the Agreement of the Parties, binding on the parties to the rules, as well as customs of business turnover.
In this regard, the period of delay should be determined at the rate of 30 days in a month and 360 days a year (so-called "effective days").
Examples judicial practice With this approach: Resolution 7Aas dated July 30, 2012 in case No. A45-5943 / 2012.

Legal justification for determining the period of delay in calendar days:
According to clause 3 of Article 395 of the Civil Code of the Russian Federation, interest for the use of other people's money will be charged on the day of payment of these funds to the lender, if the law, other legal acts or the contract is not established to accrual interest for a shorter period.
In the sense of this rate, interest is accrued for each day of delay, the actual is taken into account calendar days Use of the debtor with the creditor's money.
In accordance with clause 2 of the Resolution No. 13/14, when calculating the annual interest payable on the refinancing rate of the Central Bank of the Russian Federation, the number of days a year (month) is made equal to 360 and 30 days, unless otherwise established by the Agreement of the Parties, mandatory for the parties to the rules, as well as customs of business turnover.
The named decree determines how annual interest should be calculated for the use of other people's money, and does not establish the procedure for counting the delay period of payment.
The calculation of interest for the delay of payment is made according to the following formula:
The amount of debt is divided into middle value To refer to days a year (360), multiplied by the number of days of delay in payment and is multiplied by the appropriate interest rate published by the Bank of Russia.
Examples of judicial practice with this approach: Definitions of the Russian Federation of 24.05.2013 N you-5844/13 in case No. A68-4927 / 2012, from 28.05.2010 N you-6181/10 in case No. A26-6947 / 2009, p. 9 Recommendations of the Scientific Consultative Council at the Arbitration Court of the North-West District following the meeting December 12, 2014 (http://fasszo.arbitr.ru/welcome/show/633200024/374), Resolution of the FAS of the Volga District of 06/20/2014 in the case N A55-8972 / 2013, from 07/30/2013 in case No. A55-27471 / 2012, Decree of the FAS of the Central District of 29.05.12 in case No. A23-1169 / 2011, Resolutions of the FAS of the Moscow District of 06/01/11 in case N A40- 96152 / 10-13-472, from 19.07.10 in case No. A40-114858 / 09-20-953.

Question number 4: if the time has expired of limitation By the principal debt, whether the limitation period expires to recover interest accrued according to the rules of Art. 395 Civil Code of the Russian Federation in the amount of the principal debt?

Answer: No, does not expire. The limitation period on demand for the recovery of interest under Art. The 395 Civil Code of the Russian Federation is calculated separately for each expired payment determined in relation to each day of delay. This legal position is formed in paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 29.09.2015 No. 43, the decrees of the Presidium of the Supreme Arbitration Court of the Russian Federation of 05.03.2013 No. 13374/12 in case No. A55-19316 / 2011, from 01.06.2010 No. 1861/10 in the case N A31-238 / 2009.
Example:
- 07/01/2011 - The beginning of the period of delay in the payment of the principal debt.
- 09/30/2015 - Date of presentation of a claim for the recovery of interest under Art. 395 of the Civil Code of the Russian Federation in the amount of the principal debt.
- limitation period (as a general rule): 3 years (Art. 196 of the Civil Code of the Russian Federation)
- Thus, the limitation period has not expired against interest accrued on the amount of the principal debt, over the period of delay from 01.10.2012 (defined as the date of the presence of a claim minus the limitation period).

For the convenience of persons interested in calculating interest under Art. 395 of the Civil Code of the Russian Federation, we have developed a calculator for calculating interest for using other people's money, in which interest rates are automatically changed. Now, in order to correctly calculate the amount of interest, you will need only to introduce the amount of the debt, the period of delay and the location of the lender. Using the calculator on the group's website legal companies "Lex", you can be confident in the correctness of the calculation of interest according to the refinancing rate of the Central Bank of the Russian Federation. Calculator rates and formulas for online calculation Updated in a timely manner.

To simplify the procedure for calculating interest for unlawful use of funds, you can use a special calculator operating online.

This method of determining the amount to reimbursement will allow creditors to draw up a statement of claim, correctly specifying the amount of interest on reimbursement, and the debtor check how correct all calculations were carried out.

As a result, the calculated amount will be as accurate as possible and reliable.

Requirements of the law on monetary obligations

What is the difference between the new article 317.1 of the Civil Code of the Russian Federation from the currently existing article 395 of the Criminal Code of the Russian Federation?

Differences in the following:

• In art. The 395 GK of the Russian Federation we are talking about illegal use of finances, and in the new article 317.1 of the Civil Code of the Russian Federation - on the legitimate use of funds. Interest accrued under Art. 317.1 Civil Code of the Russian Federation are not a measure of responsibility, while interest under Art. The 395 Civil Code of the Russian Federation is the penalty and the minimum guarantee for compensation for inflationary losses. Thus, the legislature decided to provide guarantees to creditors who receive an amount of equal income on the reimbursement of the depositor.
• Article 317.1 of the Civil Code of the Russian Federation is used to accrual interest on commercial obligations and implies the legitimate use of foreign funds. This article applies if the parties have not defined the "cost value" within their obligations themselves. New article Provides a creditor to the right to receive funds from the debtor as compensation for legitimate use of finance and in the amount of the average deposit rate - the key interest rate.

And if B. transitional period For these articles, 2 different indicators were used, namely in 2015-2016 the average deposit rate and the key rate of the Central Bank of the Russian Federation were not equal to each other, then from 01.08.2016 the average rate of deposits is no longer used. Now there is no refinancing rate, no average bet on deposits, but is the key rate of the Central Bank of the Russian Federation.

Some time for the accrual of a fine in the amount of the rates on the deposits of individuals under Art. The 395 Civil Code of the Russian Federation used published information of the Bank of Russia for various federal districts. For the calculation of interest, the rate was used, which was used within a specific region of fulfillment of obligations at the time of the conclusion of the contractual agreement. Now and for article 395 of the Civil Code of the Russian Federation there is a key rate of the Bank of Russia.

According to the Resolution of the Plenum of the Supreme Court of Russia No. 7 of 03.24.2016 (paragraph 39), both articles can be applied at the same time and the lender is entitled to apply for refunds, both for the unlawful use of funds and for legitimate, but for different periods time. That is, before the moment of payment, it can be applied by Art. 317.1 of the Civil Code of the Russian Federation, and from the moment of the duration of the term - applies Art. 395 Civil Code of the Russian Federation.

Priority of repayment of obligations under Article 395 of the Civil Code of the Russian Federation

According to Art. 319 of the Civil Code of the Russian Federation, first, with the debtor holds the cost of the creditor, then interest and only then the primary debt. Many are wondering if it is possible to change the order of repayment of obligations and is it possible to count the amount listed within the framework of the action of Art. 395 Civil Code of the Russian Federation on cash penalty.

In fact, these types of compensation differ from each other in economically and cannot be interchangeable. Interest under the contract is the obligations that need to be compensated according to the loan agreement or a loan obligation for the use of funds and where in the absence of a certain bet is applied by Art. 317.1 of the Civil Code of the Russian Federation. Interest accrued under Article 395 of the Civil Code of the Russian Federation are penalties for skipping the amount of funds and for illegal use of finance - these costs are paid primarily.

Thus, the situation is such that without paying penalty interest, legal interest, first of all, the obligated side will not be able to proceed with the repayment of the main body of debt.

So, if we are talking about interest paid within the framework of the basic obligation, then the parties can agree on the percentage standings, restructuring, changing the debt service scheme. As for the amount of interest for the unlawful use of funds, the order of repayment of obligations is changed cannot be changed. If this is allowed in court, then this decision is not legal.

The article will help make the calculation of delay, determine the percentage for using other people's money according to.

The seller (contractor) is interested in the buyer (customer) in a timely manner fulfilled its monetary commitment. In case of delay in payment, the seller (buyer) will be interested not only in paying the counterparty of his debt, but also in recovery from it sanctions for late payment.

The seller (contractor) in case of delay in payment by the buyer (customer) can apply the following measures to the violator:

• recover interest on non-fulfillment of monetary obligations (p. 1);
• to recover a penalty for the delay in the fulfillment of the monetary obligation (paragraph 1);
• recover damages due to the delay in payment (clause 1);
• to draw a penalty for the transferred to the buyer and unpaid goods (paragraph 1, paragraph 5);
• complete return the transmitted goods (paragraph 2).

General provisions on the procedure for application and the size of these sanctions are contained in Civil Code RF. At the same time, part of these provisions the law allows specify in the contract itself. In case of delay in payment, the seller (contractor) will be interested in recovering from the counterpart as a larger amount of sanctions for late payment of goods (work). At the same time, the seller (contractor) can establish a specific type of sanctions in the contract from the stipulated in the law, the recovery of which most meets its interests.

Consequently, when agreeing the text of the contract, the Seller's task (contractor) will be to register the conditions for the recovery of sanctions for late payment in the contract.

So, one of the types of security for the monetary obligation is the possibility of recovering additional interest. How to calculate the percentage for using other people's money, if a debt of more than two years and the refinancing rate has repeatedly changed?

They are called " interest for the use of other people's money in the delay of payment", Established and accumulated only in violation of the condition under the contract (delay in payment for the supply of goods, unreasonable evasion from the return of debt, unjust enrichment, etc.). By general principles The rights of these funds are a kind of guarantee that money will be paid on time, because it does not want to bear extra expenses.

Interest under Article 395 of the Civil Code of the Russian Federation can be accumulated as additional sanctions, in addition to those are spelled out in the obligation. This is responsible for non-compliance with the terms of the contract established by law.

That is, if your counterpart is not in a hurry to pay the debt, then its responsibility can be "dried up," calculating interest for the use of your money and presenting them to recovery.

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Article 395. Responsibility for non-fulfillment of monetary obligation

1. For the use of other people's money due to their unlawful retention, deviations from their return, other delay in their payment or unjust receipt or savings at the expense of another person are subject to pay interest in the amount of these funds. The amount of interest is determined by the lender existing in the place of residence, and if the lender is a legal entity, at the place of its location accounting rate of bank interest On the day of the fulfillment of the monetary obligation or its respective part. When collecting debt in court, the Court may satisfy the creditor's claim, based on the accounting rate of the bank interest on the day of the claim or on the day of the decision. These rules apply if other percentage size is not established by law or contract.

2. If the damage caused by the creditor by unlawful use of its cash exceeds the amount of interest due to it on the basis of paragraph 1 of this article, it has the right to demand damages from the debtor in a part in excess of this amount.

3. Interest for the use of other people's funds are charged on the day of payment of these funds to the lender, if the law, other legal acts or the contract is not established to accrual interest for a shorter period.

4. In the case when the Agreement of the Parties provides a penalty for non-performance or improper performance of a monetary obligation, the interest provided for in this article is not subject to recovery, unless otherwise provided by law or contract.

5. Accrual percent percent (complex interest) is not allowed unless otherwise established by law. For obligations, executable in the implementation of entrepreneurial activities, the use of complex interest is not allowed unless otherwise provided by law or contract.

6. If the amount payable is clearly disproportionated by the consequences of the impairment of the obligation, the court at the application of the debtor is entitled to reduce the interest provided by the contract, but not less than the amount specified on the basis of the rate specified in paragraph 1 of this article.

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From August 1, 2016, to calculate interest for the use of other people's money, it will be necessary to use the key rate of the Central Bank of the Russian Federation

The amount of interest for the use of other people's money will need to be calculated on the basis of which acted in specific periods of delay. The relevant amendments to the Federal Law of 07/03/16 No. 315-FZ will take effect on August 1, 2016.

From August 1, 2016, interest will be necessary to determine otherwise. When calculating, it will be necessary to take into account not average rates on deposits, but a key rate of the Central Bank of the Russian Federation acting at the appropriate periods. In this case, the law or contract can still be set by other percentage.

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A bet of penalties, how can I calculate the percentage for using other people's money?

Percentage size can be defined in the contract. If the contract is not specified in the contract, then it is determined by middle rates of bank interest According to deposits of individuals at the place of residence of the creditor - an individual (the location of the creditor - an organization), which are published on the Bank of Russia's website.

If defaults brought to judicial trialThe interest rate of the banking rate on the day of the judicial verdict or the date of the lawsuit is taken into account.

To calculate the amount of interest for the use of other people's money, a special calculator is applied. It is on many legal sites, a resource to visit the resource is enough to introduce an overdue debt and banking rate.

Meanwhile, it should be borne in mind that the courts tend to require a detailed written calculation, and not a finished amount, since it always requires verification. Therefore, if you need a calculation to submit a claim, it is better to know the percent count algorithm, on paper itself or in exile to make calculations, and the calculator for calculating interest for using other people's money to control.

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Formula and an example of calculating interest under Article 395 of the Russian Federation for the use of other people's money

To calculate interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to know that:

• Debt amount should be indicated with VAT.

  Note: Decision of the Presidium of the Supreme Arbitration Court of the Russian Federation of 09/22/2009 No. 5451/09 in case No. A50-6981 / 2008-M-10

• Cash payment is included During the delay in the fulfillment of the monetary obligation.

  Note: Resolution of the Presidium of the Supreme Court of the Russian Federation of January 28, 2014 No. 13222/13 in case No. A40-107594 / 12-47-1003.

• Period of delay must be determined at the rate of 30 days in a month and 360 days a year or in calendar days

So, in order to correctly calculate interest, you need to know the amount of overdue debt, the number of days of delay and the average bank bid.

Supreme and Supreme Arbitration Courts of the Russian Federation in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of October 8, 1998 No. 13/14 "On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people's money" clarified that in case of bank change The percentage during the delay is applied expedient to the value that is closest to all rates at the specified period. For example, debt amounted to 200 days during which bank interest accounted for 7%, 8% and 8.5%. Based on the above recommendations, the basis of the calculation should be put in the amount of 8%.

From the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of October 8, 1998 №13 / 14:

2. When calculating the annual interest payable on the refinancing rate of the Central Bank of the Russian Federation, the number of days a year (month) is taken equal, respectively 360 and 30 days unless otherwise established by the Agreement of the Parties, mandatory for the parties to the rules, as well as customs of business turnover.

So, the calculation of interest for the use of other people's money is made by the formula:

Amount percent

The amount of duty

Average Banking rate in force during delay

Number of days of delay

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Calculation of interest for the use of other people's money

The formula for calculating interest can be given in the following example.

Initial data for calculation:

• The amount of debt under the loan agreement in Kirov is 100,000 rubles.
• Weighted average banking rate In Volga FD - published on the website of the Central Bank of the Russian Federation
• Period of delay from 01/01/2015 to 08/31/2015

Calculation of interest for the use of other people's money under Article 395 of the Civil Code of the Russian Federation

With the amount of debt 100 000 rubles. (Volga Federal District)
interest for the use of other people's money make up:

• from 01/01/2015 to 05/31/2015 (151 days): 100 000 × 151 × 8.25% / 360 \u003d 3 460.42 rub.
• from 01.06.2015 to 06/14/2015 (14 days): 100 000 × 14 × 11.15% / 360 \u003d 433,61 rub.
• from 06/15/2015 to 07/15/2015 (30 days.): 100 000 × 30 × 11.16% / 360 \u003d 930 rub.
• from 07/15/2015 to 08/15/2015 (33 days): 100 000 × 33 × 10.14% / 360 \u003d 929.50 rubles.
• from 08/17/2015 to 08/31/2015 (15 days): 100,000 × 15 × 10.12% / 360 \u003d 421,67 руб.

Total: 6 175,20 rub.

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Calculator calculating interest for the use of other people's money under Article 395 of the Civil Code of the Russian Federation

It should be borne in mind that if the calculated amount of money percent for the use of other people's money will clearly exceed the results of the violation of the monetary obligation, the court is allowed to reduce them at their own discretion, i.e. I will regret the violator.

At the same time, the courts refer to which reduces the amount of interest.

By general rules, the lack of money from the debtor cannot cause him to exemplate him from paying debt. And if we talk about the order of repayment, then the cash under Art. The 395 Civil Code of the Russian Federation is credited only after the amount of the main debt is paid. Moreover, the recoverer is entitled to charge them up to the day of the duties under the contract.

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At what rate consider interest for the use of other people's money

The seller (contractor) when coordinating the text of the contract may indicate a bid in the contract, on which interest will be accrued with the delay in payment. For example, in key rate of the bank of Russia. This is due to the fact that, otherwise, the debtor would continue to benefit from his unlawful behavior, illegally holding other people's money and actually lending at a rate of several times less than if he took a bank loan. In other words, it is currently impossible to get a loan at a rate lower than the key rate of the Bank of Russia. Such a condition will discipline the counterparty for the conscientious fulfillment of its monetary obligations.

The key rate of the Central Bank of the Russian Federation is currently the main indicator of the orientation monetary policy Bank of Russia.

However, it should be borne in mind that the period of delay in debt can be quite long, up to several years. And the key rate itself was introduced only from September 13, 2013. In addition, its size over time has constantly changed both in the large and smaller side. For this reason, the use of a key rate for the entire period of delay in debt may result in the creditor receives the amount of percent less than if he had charged interest on average rates on the contributions of individuals. To avoid this kind of situations, you need to weigh the possible risks of the recovery of interest on the key rate of the Central Bank of the Russian Federation and choose for yourself the best option.

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