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Art. 395 Civil Code of the Russian Federation
Attention! What is said in Article 395 of the Civil Code of the Russian Federation:
- in cases where the money is illegally held, evade the return, or there is a draw in the payment of money, there is a payment of a penalty or percent on non-payment. The amount of the penalty is determined by the key rate of the Central Bank of the Russian Federation, which operated in this period. This rule is envisaged if the amount of interest is not specified in the contract or legislative act;
- in the event of unlawful losses to the lender as a result of using its money, which exceed the amount of interest provided for by the first paragraph of the article, the lender has the right to demand money from the debtor, which will refund all losses that exceed the amount provided for by the first paragraph of the article;
- for the use of other people's money, interest is charged, including the day of payment for payment to the creditor, if the laws of Russia or other documents does not provide for another period for payment of interest;
- in some cases, the payment of the penalty is provided for improper performance or non-fulfillment of obligations expressed in cash. Please note that this article does not provide for interest, unless otherwise established by law or agreement;
- interest are not charged percentage, if it is not established by law. In the case of the fulfillment of contractual obligations that are associated with entrepreneurial activity, interest accrual for interest is unacceptable only if otherwise not established by legislation or agreement;
- if the amount of interest does not correspond to the consequences of disruption of circumstances, the Court may reduce interest, but only at the request of the borrower, but at least the amount, which is determined by paragraph 1 of the article.
Attention:
Invalidity of simultaneous recovery and penalties, and interest under Art. 395.
As a general rule, the voiced resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court dated 10/8/1998 No. 13/14, the simultaneous penalties for the use of foreign cash and penalties are not allowed.
Clause 6 of the Resolution states that monetary obligations arising from agreements that provide for the obligation of the borrower to pay for goods, work or services or to pay money received on the terms of refund, for the delay of payment to be charged in accordance with Article 395 of the Civil Code of the Russian Federation.
Legally or on the basis of the contract may be provided for that the borrower is obliged to pay for the penalty (penalties) in case of delay in the fulfillment of monetary obligations.
In this case, the court will take into account that the lender has the right to make requirements for the application to the borrower of one of the recovery measures, without preventing evidence of losses and the actual size, which followed the violation of the obligations of the debtor, unless otherwise provided by the legislation of the Russian Federation.
Rate for calculating the interest for the use of other people's money
The amount of interest is indicated in the Agreement of the Parties. If the amount is not specified in it, it is determined by the average bank percentage, which is established on the deposits of individuals at the place of registration of the lender (individual) or the location of the lender (legal entity).
If the non-payment of the loan brings to the case in court, then the interest rate on the banking rate on the day of decision-making or on the day of filing the claim to court is taken into account.
Attention! Our qualified lawyers will help you with free and around the clock on any issues.
Example of calculation
The amount of debt on the loan agreement in the city of Perm is 150,000 rubles. The weighted average banking rate at the Volga Federal District is published on the website of the Central Bank of the Russian Federation.
Neo-payment period - from 01.08.2017 to 30.04.2018.
The calculation of interest for the use of foreign funds under article 395 of the Civil Code of the Russian Federation with a debt amount of 150,000 rubles is:
- from 01.08.2017 to 09/30/2017 (62 days): 150000 * 62 * 8.25% / 360 \u003d 2131.25 rubles;
- from 01.10.2017 to 12/31/2017 (93 days.): 150000 * 93 * 11.15% / 360 \u003d 4320.63 rubles;
- from 01.01.2018 to February 28, 2018 (60 days.) 150000 * 60 * 10.14% / 360 \u003d 2535 rubles;
- from 01.03.2018 to 30.04.2018 (62 days.): 150000 * 62 * 10.12% / 360 \u003d 2614.33 rubles;
In total, the amount of interest will be 11601.21 rubles.
Watch the video. Responsibility for monetary obligation:
At what rate count
The lender when coordinating the text of a bilateral agreement may establish a certain interest rate, based on which interest will be calculated when not paying for a mandatory payment.
In some editors, such formulations "in the key rate of the Central Bank of the Russian Federation" may meet. This is due to the fact that in the event of non-payment, the borrower could benefit from non-compliance with the terms of the contract, that is, the unlawful retention of foreign funds, and actually get a loan at the rate, which is several times lower than he signed under the contract.
In other words, this time cannot be obtained cash on the interest rate loan, which is lower than the key rate of the Central Bank of Russia. This condition disciplines the counterparty to fulfill the obligations under the contract within the time frame.
Important! The rate established by the Central Bank of the Russian Federation is currently the main on which the entire credit and monetary policy of the RF bank policy is sent.
Do not forget that the period for which the penalty is charged may not be limited to several years. And the key rate of the Central Bank of the Russian Federation was introduced only from 09/13/2013. Its size for a long period of its establishment changed repeatedly: it is large, then in a smaller side.
That is why the application of the rates for the entire period of delay is not acceptable, because the lender can get a smaller amount percentage than it was supposed to obtain, campaigning at the average deposit rate.
In order to avoid such a situation, we need to weigh all the risks that the creditor may incur, accumulating the penalties in the key rate of the Central Bank of the Russian Federation, and choose the most acceptable option.
Attention!
Percent recovery
Article 395 of the Civil Code of the Russian Federation helps to collect interest in the case when the cash that is obtained by the Party of Agreement is not appointed.
Taking into account! There are a number of conditions under which this legislation is applied:
- if the cash that belongs to one side uses the other for its own purposes. This situation may arise under any conditions, the article does not establish a specific list;
- the money is wrong with or were obtained, or were not returned on time. Including cases when they needed to return or spend. In this case, the funds must be returned or paid on a bilateral agreement.
The actions of the contract parties are illegal. In the presence of all the above conditions, the penalty is accrued, which is provided for by Article 395 of the Civil Code of the Russian Federation.
The principle of action of a calculator of interest for the use of other people's money (under Art. 395)
Online calculator for calculating interest for the use of foreign funds takes into account all changes in the key rate of the region, which monthly establishes the Central Bank of Russia, as well as the refinancing rates in case the non-payment began until 01.06.2015, and the key rate, if the rational has lasted after 08/01/2016 of the year.
Attention!
Rules for calculating interest 395 at periodic payments
In accordance with Russian legislation, the size of the terminas for periodic payments (for the use of services, loans, rental equipment or real estate, etc.) are formed in the form of amounts for periods of payments.
For example, a contract for half a year about renting a tow truck from January to June 2017, the size of the rent is 50,000 rubles per month.
According to the terms of the contract, the landlord receives a monthly payout no later than the 25th day, although the tenant paid for payment only in January, and from payment for the remaining months shied.
- 50,000 for the period from 02.25.2017 to June 27, 2017 (date of filing a claim in court);
- 50,000 for the period from 03/25/2017 to June 27, 2017;
- 50,000 for the period from 25.04.2017 to June 27, 2017;
- 50,000 for the period from 25.05.2017 to 06/27/2017;
- 50,000 for the period from 06.25.2017 to June 27, 2017.
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).
The amount of interest is determined by the existing lender in the place of residence, and if the lender is a legal entity, at the site of its location of the banking interest on the day 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.
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 in the place of 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 individual deposits. 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.
(Section 4 introduced by Federal Law of 08.03.2015 N 42-FZ)
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.
(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 the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days a year (month) is taken 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.
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 of 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 calendar days of the use of the lender by the debtor are taken into account.
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 the average value for the designation of 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 limitation period has expired on the principal debt, whether the limitation period expires to recover interest accrued by 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 lawyers on the Internet there is a convenient service - a calculator for calculating interest for the use of other people's money under Article 395 of the Civil Code of the Russian Federation. Use for free.
Payable for illegal retention of money or evasion from 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
Download documents on the topic:
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
Calculator for calculating interest under Article 395 of the Civil Code of the Russian Federation
What formulas are used when calculating interest under Article 395 of the Civil Code of the Russian Federation with the help of a calculator
Consides all 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 prosecuity 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 in the form of the amount 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:
- Interest from 30,000 rubles. For the period of delay from 09/25/2018 to 04.02.2019 (approximate date of the claim).
- Interest from 30,000 rubles. For the period from 25.10.2018 to 04.02.2019.
- Interest from 30,000 rubles. For the period from 25.11.2018 to 04.02.2019.
- 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:
- 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.
- 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.
- 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 the return of the loan amount, the law imposes a commitment to the borrower to fully repay debt within thirty days from the date of presentation of 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.
the Russian Federation
Civil Code of the Russian Federation (Part 1)
Chapter 25. Responsibility for Violation of Communications
Article 395. Responsibility for non-fulfillment of monetary obligation
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 or, if the lender is a legal entity, at the place of its location, published by the Bank of Russia and the average bank interest rates on the deposits of individuals. These rules apply if other percentage size is not established by law or contract.
(paragraph 1 as amended by Federal Law of 03/08/2015 No. 42-FZ)
If the losses caused by the creditor by unlawful use of its cash exceed the amount of interest due to it on the basis of paragraph 1 of this article, it is entitled to demand from the debtor of damages in a part in excess of this amount.
Interest for the use of other people's funds are charged on the day of payment of these funds to the creditor, if the law, other legal acts or the contract is not established to accrual a shorter period.
In the case when the Agreement of the Parties provides for non-fulfillment of non-fulfillment 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.
(Section 4 introduced by Federal Law of 08.03.2015 No. 42-FZ)
Accrual percent percent (complex interest) is not allowed if otherwise not 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.
(Section 5 introduced by Federal Law of 08.03.2015 No. 42-FZ)
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 determined on the basis of the rate specified in paragraph 1 of this article.
(Section 6 introduced by Federal Law of 08.03.2015 No. 42-FZ)
Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation
№ 13/14 from 10/08/1998
"On the practice of applying the Civil Code of the Russian Federation on interest for the use of other people's money"
When calculating the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days a year (month) is taken 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. Interest is charged until the actual execution of the monetary obligation, determined on the basis of the conditions on the procedure for payments, the form of calculations and provisions of Article 316 of the Civil Code of the Russian Federation on the place of execution of the monetary obligation, unless otherwise established by law or the Agreement of the Parties.
The Law on Amendments to Part The First Civil Code of the Russian Federation, significant changes were made to Article 395 of the Civil Code of the Russian Federation, which changed the procedure for calculating interest for the use of other people's money. Please note that the law on changes in Art. The 395 Civil Code of the Russian Federation comes into force on June 1, 2015, respectively, Article 395 of the Civil Code of the Russian Federation applies to the relationship arising after the specified date. The relationship that emerged earlier is applied to the procedure that existed before the changes. Since a purely technically, the procedure for calculating interest became more complicated, the need arose to quickly and quickly calculate interest for the use of other people's money. To quickly calculate interest for using other people's money, you can use percent calculator under Art. 395 of the Civil Code, which will help you quickly and promptly calculate interest under Art. 395 Civil Code of the Russian Federation . Calculator 395.:
With the old edition, Article 395 of the Civil Code of the Russian Federation, consider interest in the use of other people's money was much easier. With a new edition of the article, it will be difficult and for a long time of percentage of interest without a special percent calculator. These difficulties are associated with the fact that interest for the use of funds (as responsible for violation of the obligation) will be determined by the Central Bank of Russia and occurred at the relevant periods of the average bank interest rates on the contributions of individuals. These rules apply if other percentage size is not established by law or contract.
Watch the size of the average banking interest rates on individual deposits can be used by the consultant system or on the website of the Central Bank of Russia. On the other hand, the law provides that the amount of interest for the use of other people's funds will be determined by the contract or law. If an adequate condition of interest is defined in the contract, comparable to the degree of violation of the obligation, then the terms of interest provided for by the Treaty will apply accordingly. At the same time, when it comes to the conditions of acceptable rates of interest, provided for by the contract, in fact, meaning such contractual conditions for which there is no reason for the application of paragraph 6 of Art. The 395 Civil Code of the Russian Federation, which states that if the amount payable is clearly disproportionated by the consequences of the impairment of the obligation, the court at the debtor's application is entitled to reduce the interest-provided interest, but not less than the amount defined on the basis of the rate specified in paragraph 1 of Art. 395 RF. Therefore, I recommend to simplify myself and my creditors for judicial requirements, to establish adequate interests for non-fulfillment of monetary obligations, for example, within the refinancing rate. This will simplify the task of calculating interest in court.
If the percentage size will exceed the banking rate (it is clearly disproportionate), then the court will have the basis to recalculate interest in accordance with paragraph 1 of Art. 395 of the Civil Code of the Russian Federation (in other words "to use" a calculator of interest in 395 above). And if the contract was initially an adequate percentage size, it could simplify it a little and perhaps speeding up the trial. In any case, a percentage calculator will be useful for you. 395 Civil Code of the Russian Federation. This percent calculator under Art. The 395 Civil Code is suitable for both the court of general jurisdiction and the Arbitration Court. Who does not know, the world court enters the system of courts of general jurisdiction.
In addition, it was additionally introduced Art. 317.1 of the Civil Code of the Russian Federation, in which there is talking about interest
Let's deal with what the difference between Art. 395 and 317.1 Civil Code of the Russian Federation? Article 317.1 of the Civil Code of the Russian Federation is placed in the section "Fulfillment of obligations", and Art. The 395 Civil Code of the Russian Federation is placed in the section "Responsibility for violation of obligations". Therefore, interest on Art. 317.1 of the Civil Code of the Russian Federation are accrued for legitimate use of funds between commercial organizations. The question arises as far as art. 317.1 and how much it will apply. I believe that the widespread use of Art. 317.1 will not have, but interest for the use of other people's money as a responsibility for the failure to fulfill the obligations provided for by Art. 395 of the Civil Code of the Russian Federation will be widely applied. The legislation novels also include the establishment of a procedure in accordance with which interest for the use of other people's funds are charged on the day of payment of these funds to the creditor (paragraph 3 of Art. 395). The prohibition of interest accruals, in case the penalty is provided (clause 4 of article 395). A ban on interest accrual percentage (complex percentage) (clause 5 of article 395). These provisions are valid if no other law or contract is provided. In any case, the use of a percent calculator will simplify the calculation of interest under Art. 395 Civil Code of the Russian Federation.
