What is a forfeit or interest?
Many have entered into a contract at least once in their lives. Anyone who carefully studies the content of the contract will certainly pay attention to the terms of liability for its violation.
The concept of a penalty is enshrined in Art. 330 Civil Code Russian Federation.
A forfeit is the amount of money that the violator of the contract (the debtor) must pay to the other party (the creditor) in the event of default on the obligations under the contract. Usually the forfeit is in the form of a fine ( fixed amount for violation of an obligation) or in the form of a penalty (a certain percentage of the contract amount, for example, for each day of delay in the delivery of goods).
How to calculate the contractual penalty
The formula for calculating the forfeit is useful not only if the other party to the contract has violated something. It is useful to know it if you yourself are the violator of the contract. What if the other side makes a mistake in their calculations (well, if downward).
- The amount from which the penalty will be calculated. This can be either the entire amount under the contract, or an unpaid part. In any case, you need to very carefully read the clause of the agreement on liability, otherwise you can make a mistake in the calculation.
- Interest rate, which is the very measure of responsibility for violation of the contract.
- The time period of the violation (for example, the number of days of delay in delivery or non-payment of goods).
If all these indicators are found, then you can safely go directly to the calculation of penalties under the contract.
Penalty Calculation Formula
Typically, the formula for calculating interest looks like this:
contract amount × interest rate × delay period.
Free legal advice:
How to find the multipliers has been described above.
Under the contract, construction materials were purchased for the amount of rubles with delivery. The delivery time was indicated in the contract as 10 calendar days from the moment of payment (purchase) of the goods. Nothing was brought within the specified period. Moreover, delivery is delayed for 2 weeks.
The contract says that if the supplier delays the delivery of the goods, then the buyer has the right to collect from the supplier a forfeit (penalty) in the amount of 1% of the amount under the contract for each day of delay in the delivery of the goods.
So, the amount of the contract is rubles; interest rate - 1%, delay period - 14 days.
The calculation of the forfeit according to the formula will look like this:
Free legal advice:
The amount of the penalty will be equal to rubles for 2 weeks.
Important: the contract may not contain the interest rate of the forfeit. Instead, sometimes the following wording is found: “For violation of obligations under the contract, a party may collect a forfeit in accordance with the legislation of the Russian Federation”.
Usually, in this case, we are talking about a violation by the party of the contract. monetary obligation, that is, for example, late payment under the contract. This means that the forfeit will be calculated at the refinancing rate The Central Bank RF. The size of the bet can be found on the official website of the Central Bank.
In Art. 395 of the Civil Code of the Russian Federation describes the rules for calculating such a penalty. The formula for calculating the penalty in this case will look like this:
amount under the agreement × period of delay × refinancing rate of the Central Bank of the Russian Federation /.
Free legal advice:
How to get a forfeit under the contract
In order to receive a penalty from the violator, it is better to first contact him with a proposal to pay it voluntarily. Such a proposal shall be stated in writing in the claim. It must indicate the details of the contract, for which penalties are collected, the calculation of the penalty itself, the proposal to pay it, the method and date of payment.
If, however, the text of the agreement spelled out a mandatory claim procedure for resolving a dispute, then drawing up such a claim will in any case be an obligatory first step if later the question of going to court arises. Otherwise, the court will leave the claim without consideration, and then precious time will be lost. And as popular wisdom says, time is money!
However, it would be much better to resolve the dispute voluntarily without a trial. To do this, you can and should not be afraid to enter into active negotiations with the violator of the terms of the contract.
How to calculate a penalty 3% of the price of work for each day of delay
A penalty in the amount of 3% of the price of work is provided for by the Law "On Protection of Consumer Rights" under contracts for the performance of work or the provision of services (paragraph 5 of Article 28). Please note that if you have entered into a sales contract, another penalty will be applied in the amount of 1% of the price of the goods for each day of delay.
Free legal advice:
Examples of contracts under which you can claim a forfeit of 3% for the ZoZPP
- work contracts - household (for dry cleaning, repair household appliances), construction (building a house, baths);
- contracts for the manufacture of furniture;
- installation plastic windows;
- tourist services - an agreement on the sale of a tourist product;
- contract equity participation in construction apartment building- in disputes about the elimination of shortcomings of the add-on (if the developer has delayed the delivery of the house, see the procedure for calculating the penalty here);
- consulting, information services - real estate agencies, recruitment agencies, etc.
In general, the list of contracts is open. The main thing is that the contract deals with the performance of any work or the provision of services. Also note that if there is special legislation (for example, on OSAGO, contracts of carriage, participation in shared construction etc.), the penalties provided for by these special laws are applied.
Under contracts personal insurance(life, health, accidents) - for example, in case of a delay in insurance payment, return of part of the insurance premium in case of early cancellation of the contract, such a penalty can be charged.
The application of this penalty is limited under contracts where the debtor undertakes to pay for goods (work, services) or pay the money received on terms of refund (clause 34 of the Resolution of the Plenum of the RF Armed Forces No. 17 of 28.06.2012). This refers, for example, to contracts bank deposit... In such cases, interest is usually used for the use of others. in cash according to article 395 of the Civil Code of the Russian Federation.
Is it possible to ask for a penalty for ZoZPP for hull insurance?
A penalty of 3% under paragraph 5 of Article 28 of the Law "On Protection of Consumer Rights" may be applied in the event of a delay in insurance payment under CASCO agreements.
Clause 45 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 7 of 03.24.2016 explains that the penalty established by law or by agreement of the parties for violation of a monetary obligation is applied instead of interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation. That is, if the insurance company violates the obligation to pay insurance compensation you can claim a forfeit under paragraph 5 of Article 28 of the Law "On Protection of Consumer Rights". At the same time, you need to calculate the forfeit not from the amount of insurance compensation due to you for this insured event, and on the size of the insurance premium (cost of the service). The maximum amount of the forfeit will be equal to the amount of the insurance premium.
Free legal advice:
Judicial practice on the topic:
clauses 16.17 of the Review of the Supreme Court of the Russian Federation on specific issues jurisprudence related to voluntary insurance property of citizens from 27.12.2017
In what cases can you ask for a penalty of 3% of the price of work?
Based on Part 5 of Art. 28 of the Law "On Protection of Consumer Rights":
- in case of violation of the terms of performance of work / provision of services under the contract (including in case of violation of intermediate terms, if the performance of the contract is divided into stages, delay in the beginning or end of work);
- in case of violation of the new deadline for the performance of work assigned by the consumer - for example, if the contractor has delayed the deadline for the work, and you managed to file a claim with the requirement to perform the work on the new deadline specified by you.
The delay period is determined in days or hours - depending on how the terms of work under the contract are expressed. Take the date set by the contract for the start of work / stage of work / completion of all work and charge a forfeit from the next day after it. The delay will end on the day when your performer still starts work / its stage / finishes work.
If you decide not to wait for the work to be completed, but, for example, filed a claim to terminate the contract and return the money, then the forfeit will be calculated on the day before the claim is filed.
The penalty is calculated in calendar days. Weekends, holidays, non-working days are not deducted from the delay period!
Free legal advice:
According to Article 30 of the Law "On Protection of Consumer Rights":
- for violation of the terms of elimination of deficiencies in work. This period should be stated in your claim for the elimination of defects. If this period has expired, the calculation of the forfeit begins from the next day. The penalty is charged on the day when the defects are still eliminated. In the event that you decide to change your claim, for example, to terminate the contract and return the money, the penalty under this article must be calculated on the day before the claim for the return of money is submitted.
According to part 3 of Article 31 of the Law "On Protection of Consumer Rights":
The penalty is paid in case of violation of the 10-day deadline for satisfying the claim:
- to reduce the price for the work performed (service rendered);
- on reimbursement of expenses for the elimination of defects in the work performed (service rendered) on their own or by third parties;
- on the return of the amount of money paid for the work (service);
- on compensation for losses caused in connection with the refusal to perform the contract.
09/01/2015 in connection with the violation of the terms of work, you filed a claim to terminate the contract and return the prepayment for the manufacture of a log house for a bath in the amount of 30 thousand rubles. The money must be returned to you within 10 days, that is, no later than 09/11/2015. From 12.09.2015 you can claim a forfeit in the amount of = rubles * 3/100 = 900 rubles for each day of delay.
You can also ask for a penalty under this article if the deadline for the gratuitous production of another thing or the re-performance of work is violated. The deadline for satisfying these requirements is equal to the initial deadline for the performance of work, prescribed in the contract. From the next day after the last day of this period, a penalty is charged.
What is the price of work to take to calculate the penalty 3%?
There may be 3 options:
- If the contract does not contain a breakdown of the total price of the order for the individual work performed, then take the entire price of the order to calculate the forfeit.
Under the contract, the store undertook to make you a kitchen of 8 cabinets, the total price of the contract was 50 thousand rubles. The contract does not indicate how much one cabinet costs. The store made half of the cabinets on time, and the rest was overdue. You can consider a penalty of 50 thousand rubles or more.
Free legal advice:
- If the contract details how much each type of work costs, then to calculate the penalty you take only the price of the type of work that was overdue.
You have ordered the production of 3 plastic windows at a price of 10,000 rubles. The company brought you windows for 10 and 15 thousand rubles on time, and made a window for 12 thousand rubles only after 3 weeks. In this case, you will calculate the penalty only from the price of one window, i.e. rubles.
- Please note that some contracts may indicate separately the price of the materials used and the price of work. In such a situation, only the price of the work is taken to calculate the penalty.
The total price of the contract for the manufacture and installation of the kitchen is 50 thousand rubles. A specification is attached to the contract, which lists the cost of all cabinets included in the set, and also separately spelled out the cost of work under the contract - 10 thousand rubles. In this case, the penalty for the delay in the performance of work must be counted from 10 thousand rubles.
The formula for calculating a penalty of 3% according to clause 5 of article 28 of the ZoZPP
Penalty = price of work in rubles * 3/100 * number of days or hours of delay
Please note that by law maximum size forfeit is limited: the forfeit cannot exceed the price of a particular type of work under the contract or the total price of the order (if prices for individual works are not specified in the contract).
You have ordered the manufacture of a cabinet for rubles. Completion of work is overdue for 60 days. Penalty = RUB * 3/100 * 60 days = 750 rubles. / day * 60 days = rubles.
Free legal advice:
Since 45 tr. more than the price of work execution is 25 thousand rubles, the amount of the penalty is limited to the amount of 25 thousand rubles.
It is interesting that if your contractor committed several violations at once (for example, first violated the deadlines for eliminating work deficiencies, and then the deadline for refunding the claim), you can ask for a forfeit for each violation.
photo: StockSnap, pixabay.com, CC0 Public Domain
Article from the Parity website - consumer protection. Sample claims.
Paritet.guru
Latest posts by Paritet.guru (see all)
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Comments:
5 comments on ““ How to calculate the penalty 3% of the price of work for each day of delay ””
[…] The Law "On Protection of Consumer Rights" provides that in case of violation of the terms of satisfaction of the consumer's claim, the store bears additional liability in the form of a penalty (1% of the value of the goods for each day of delay). How to calculate it correctly, our lawyers answer. Please note that under contracts for the performance of work or the provision of services, another penalty is applied - 3% of the price of work for each day of delay. […]
[…] For violation of the deadlines for elimination of deficiencies (calculation procedure here). Please note that this penalty will be deemed [...]
Free legal advice:
[...] In a claim, you can demand a return of 100% of the tour cost, a penalty of 3% for each day of delay, compensation for moral damage, compensation [...]
Calculator for calculating interest (forfeit) under the contract
(fixed percentage of contractual forfeit)
- checked 17.01.2018
The calculator works according to the rules for calculating interest (forfeit) under an agreement, indicating the percentage of forfeit for each day of delay, as well as in percentage per annum.
Typically, this calculator calculates a penalty of 0.1%, 0.5% or 1% for each day of delay
If the contract the percentage of forfeit is not specified for late payment, then you need to use the interest calculator under Art. 395 of the Civil Code of the Russian Federation
Free legal advice:
If we are talking about the delay in the execution of the contract by the supplier (contractor, performer), then you need a calculator of late payment interest under 223-FZ and 44-FZ
If you need a calculation in shares of the refinancing rate, then a calculator for calculating 1/300 or 1/130 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay will come in handy
Last update of the calculator algorithm 05/10/2017
Enter the parameters of the debt
You have selected a maximum penalty of more than 100%.
Free legal advice:
In this case, some judges apply the provisions of Article 333 of the Civil Code of the Russian Federation on the proportionality of the amounts recovered
The amount of the forfeit can be reduced by the court to 100% of the amount in dispute
Free legal advice:
3. Click "Insert"
1. Copy the data from the editor (as in the picture).
Pay attention to the order of the columns: date, amount
2. Paste the data into the field on the left
3. Click "Insert"
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Free legal advice:
Tell me you won't be able to make a calculation? Or do you not reply to all messages?
Tell me you won't be able to make a calculation?
and if separately
this is the first repayment amount https://dogovor-urist.ru/calculator/dogovor_neustoyka/#loanAmount=.76&dateStart=06.03.2017&dateFinish=30.03.2017&percentType=1&percent=0.1&payments=30.03.2017_506220.76_п/п
and this is the remainder https://dogovor-urist.ru/calculator/dogovor_neustoyka/#loanAmount=650000&dateStart=06.03.2017&dateFinish=23.04.2017&percentType=1&percent=0,1
Free legal advice:
The debtor must pay on 03/06/2017 the amount 76 (the debt began on 03/06/2017 on one consignment note and one invoice).
Pay p / n part of the debt on 03/31/07, it remains to pay extra.
Paid on 04.24.2017 i.e. on the amount of interest should be accrued from 06.03.2017
If we calculate separately, then% from 06.03.2017 to 30.03.2017 (25 days) will be 52
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The remainder of 03/06/2017 to 04/23/2017 (49 days) will be 00.
Tell me how to make a calculation? Or should it be made for each payment order in this case?
You can remove this limitation. We made it because very often the courts limit the amount of the penalty to the amount of the debt under Art. 333 of the Civil Code of the Russian Federation.
When calculating, we enter the repayment of a part of the debt, there is a debt, but when calculating the penalty, the calculation does not take place for the remainder of the debt.
And yes, your calculator is perfect)
Calculate the penalty with this calculator.
I can't figure out which calculator to calculate the penalty in the amount of 0.1% of the unpaid amount, while the penalty is charged for each day of delay until the actual payment and only for each payment
However, you can set a different restriction or remove it altogether.
We really need your support, do not forget to share links to our website and case numbers or at least the name of the courts that accepted the calculations
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Calculator for calculating the interest of contractual forfeit
The calculator for calculating the percentage of contractual forfeit (valid as of January 17, 2018) will help you to make the calculation of interest easy, taking into account monthly updates of the average bank interest published by the Central Bank of the Russian Federation on the 15th day of each month.
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Under "free legal advice»Means answers to typical questions, reference Information on articles of codes and laws
How to calculate the contractual penalty?
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The calculation of the forfeit under the contract is made in cases where the counterparty violates its obligations, in order to apply penalties and compensate the injured party for harm. The correctness of such calculations is important when the injured party imposes sanctions on a party that has not properly fulfilled its obligations, including when collecting such sanctions in judicial procedure in case of non-settlement of the dispute through negotiations between the parties.
Calculate the forfeit: what is needed
The calculation of the forfeit is made on the basis of various parameters individually in each case. How the contractual penalty is calculated depends on several factors. Based on Art. 330 of the Civil Code (hereinafter - the Civil Code of the Russian Federation) and customs of business turnover, these include:
- method of calculating forfeit under a specific contract (it is also a type of this method of securing an obligation);
- the method of establishing one or another type of forfeit (whether it follows from the norm of the corresponding legal act or from the terms of the contract, determined by the parties to the transaction themselves);
- the type of violation of the terms of the contract by the party (in particular, delay in performance, improper performance, non-performance);
- specific circumstances of violations (terms, sizes);
- the amount of penalties provided for a specific type of violation by a party of its obligations.
Only when all the indicated parameters are established, it is possible to perform accurate and correct calculations of the forfeit under the contract, which will avoid additional disputes and conflict situations caused by the disagreement of the other party with the amount of the forfeit.
Forms of contractual forfeit
In order to protect civil rights and ensure that the parties fulfill their obligations under the transaction, they may, on the basis of clause 1 of Art. 330 of the Civil Code of the Russian Federation, when concluding an agreement, include clauses establishing the obligation of the party that violated the terms of the agreement to bear the burden of paying the penalty to the injured party. On the basis of this rule, the parties can independently choose the method of calculating the forfeit under the contract in accordance with one or another of its types.
So, this legal norm provides for the possibility of establishing such methods of securing obligations as fines and penalties. At the same time, the law does not additionally establish the concepts of these terms and does not disclose specific norms that would regulate the procedure for calculating when they are established. In this regard, you should refer to jurisprudence and the practice of applying this provision of the Civil Code in civil transactions.
The signs of penalties, for example, are voiced in the resolution of the Presidium of the Supreme Arbitration Court dated 20.02.1996 No. 8244/95, to which the Supreme Arbitration Court attributed:
- is a sanction;
- is of the current nature;
- is periodic;
- calculated for each day of delay in the fulfillment of the obligation;
- is calculated for the period from the first day following the day when the party had to fulfill the obligations stipulated by the contract until the day of its actual fulfillment.
In addition, the penalty interest is calculated as percentage to the contract price.
The fine has some similar features, but, as a rule, it is established not in percentage terms, but in the form of a fixed amount and does not have the character of periodicity, that is, it is established and paid one-time when the circumstances of the violation determined by the parties occur.
How to calculate the penalty interest under the contract
The greatest difficulty in presenting a forfeit is the need to calculate the penalty interest under the contract, since the fine is usually in the nature of a sanction of a fixed, predetermined amount. Penalties, however, involve calculations according to a certain formula that takes into account a number of indicators.
In general terms, the formula can be designated as follows:
Spr - the amount that was not paid by the party to the contract on time,
Дпр - the number of days for which a penalty in the form of penalties is charged (starts from the day following the end of the payment deadline);
% - the amount of interest for one day of delay in payment, fixed by the parties in the agreement.
So, if the counterparty did not pay rubles during June (30 days), and the percentage of interest per day is 0.5, then the amount of interest will be as follows:
× 30 × 0.5% = 1,500 rubles.
It is more difficult to calculate the amount of interest due if, during the period of delay, the party in breach of its obligation has partially repaid the debt. In this case, the amount of interest is calculated based on the actual amount owed.
If in the considered example the debtor made a payment on June 16 in the amount of 5,000 rubles, then the calculations will look like this:
× 15 × 0.5% + 5000 × 15 × 0.5% = 750 + 375 = 1125 rubles.
You can check your calculations using a special online calculator.
Outcomes
Thus, the complexity and features of the calculation of the penalty for contractual obligations depend, first of all, on the type chosen. If the penalty is set in a predetermined fixed amount and is not difficult to calculate, then the penalty is calculated based on a formula that takes into account the delay period, the amount of the unfulfilled obligation and the percentage established by the contract.
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The formula for calculating the forfeit for each day of delay
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The possibility of collecting a penalty for the delay in the performance of an obligation is provided for in Art. 330 of the Civil Code of the Russian Federation, according to which a forfeit (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-fulfillment or improper fulfillment of the obligation, in particular in case of delay in fulfillment.
When collecting a forfeit, the creditor should keep in mind that the agreement on the forfeit must be made in writing, regardless of the form of the main obligation. Failure to comply with the written form entails the invalidity of the agreement on forfeit.
It is worth noting that in judicial practice in cases of collecting a forfeit, the greatest disputes arise in terms of determining the moment of the debtor's delay.
The subject of evidence upon the claim for the recovery of a forfeit will be: the existence of the debtor's obligation, non-performance or improper performance thereof and the existence of liability for such a violation in the form of a forfeit.
However, even if the creditor proves all of the above circumstances, the court may refuse to collect a penalty in the declared amount, since civil law there is a mechanism for reducing the penalty provided for by Art. 333 of the Civil Code of the Russian Federation.
By virtue of this article, if the penalty to be paid is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. Reduction of the forfeit determined by the contract and payable by the person engaged in entrepreneurial activity is allowed in exceptional cases if it is proved that the collection of the forfeit in the amount stipulated by the contract can lead to the creditor receiving unjustified benefits.
It should be noted that there are no clear criteria for determining the proportionality of the penalty, which leads to the presence of discrepancies in judicial practice.
Thus, the mechanism for collecting a forfeit in the desired amount, as well as reducing it to the desired amount, is rather complicated and requires the parties to take actions to prove the above circumstances.
The recipient must pay for the item immediately upon receipt. There is a condition: penalty interest under the contract - 0.2% per day from full cost goods with VAT. The order was delivered on time, the money was transferred on June 10, 2015. 340,000 × 21 × 0.002 ꞊ 14280.00 rubles Legal - established by law for certain types of obligations. The fine is often defined as a percentage of the minimum wage, and penalties are charged at the refinancing rate of the Central Bank of the Russian Federation. It is applied when the contract does not specify the procedure for determining the forfeit. So, for example, the law on the procurement of agricultural products in case of delay in payment provides for payment additional amount- 2% of the amount of debt for each day, and if the period is more than 30 days - 3%. It is calculated as in the previous example. The formula for the rate of the Central Bank has some peculiarities. Example 2.
How to calculate the contractual penalty correctly?
How is the penalty determined? There is a regulatory contractual penalty, which is calculated on the basis of legislation and a contract. Therefore, any legal sanction can be normative and contractual.
Info
Because of this, riots often arise. For a convenient calculation, there is a forfeit, a penalty and a penalty. The penalty can be legal and contractual. The sanction is presented in the form of payment for default.
Penalties are calculated as a percentage. For damages, penalties are:
- credit;
- penalties;
- exceptional;
- alternative.
This distribution is specified in Article 394 of the Civil Code of the Russian Federation. The penalty is paid in full, therefore it is considered the most reliable.
In the case of an alternative, the offending party has the right to choose compensation for damage. Exclusive involves the payment of funds without paying losses.
Calculation formula A special formula will help you calculate the penalty for the equity agreement. The calculator also works on this principle. The amount of the contract must be multiplied by interest rate, and then for the time of delay.
Example. The contract was concluded for the purchase of building materials for 10,000 rubles. The delivery period is 10 days from payment. During the indicated period, nothing was provided.
The delay is 2 weeks. The document states that in the event of a delay, the buyer has the right to collect a penalty of 1% of the amount for each day. It turns out that the calculation of the penalty looks like this: 10,000 x 1% x 14 = 1,400 rubles.
How to calculate a penalty under a supply agreement?
The rates of the Central Bank of the Russian Federation for settlements under Articles 395 and 317.1 of the Civil Code of the Russian Federation are updated on the day of their publication. Another change in the legislation on changing the calculation algorithm from August 1, 2016 was taken into account by the developers.
Attention
Updated version mobile application(August 2016) has advanced features. This version, in particular, provides for: the possibility of decreasing (intermediate payments) or increasing the amount of debt (performing a new amount of work, etc.) during the settlement period; new order determining the number of days per year in relation to Art.
395 of the Civil Code of the Russian Federation after 03/23/16. In addition, the owners of the application will have access to a closed section of the site with similar advanced features of the calculator. Considering that our lawyers also use the calculator, we are constantly working to improve the functionality and timely update the relevant data for the calculator to work correctly.
How to calculate the penalty
When concluding a delivery document, the parties have a lot of incomprehensible things. One of the popular questions is how to calculate the contractual penalty? This is not a complicated matter, as it might seem at first glance.
The rules are clear enough, and you don't need to be a lawyer to do this. It is important to read the necessary sections, paragraphs in the agreement. What is a forfeit? Most people have signed a contract at least once. Attentive persons read the content of the document, which necessarily contains responsibility for the violation. Information about the penalty is in article 330 of the Civil Code of the Russian Federation. There is also information on how to calculate the forfeit under the contract? A forfeit is the amount that the violator pays to the other party in case of default on the obligations specified in the contract. The forfeit can be in the form of a fixed amount, called a penalty, or as a percentage, called a penalty.
Penalty calculator online
A penalty established by law or by a delivery contract for short delivery or delay in delivery of goods is collected from the supplier until the actual fulfillment of the obligation within the scope of his obligation to replenish the shortage of goods in subsequent delivery periods, unless another procedure for paying the penalty is established by law or contract (Article 521 of the Civil Code of the Russian Federation ( hereinafter - the Civil Code of the Russian Federation)). Note! The penalty under the supply contract must comply with the requirements of the Civil Code of the Russian Federation on the written form of the agreement on compensation for the penalty (regardless of the form of the main obligation) and proportionality to the consequences of the alleged violation (otherwise the court may significantly reduce its amount). The law gives the parties freedom to determine violations, which will be followed by the collection of a penalty, establishing its size, calculation procedure, etc.
Calculation of forfeit under the contract
According to 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 08.10.1998 No. 13/14, when calculating payables annual interest at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year (month) is taken equal to 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, and business customs. The formula for calculating the amount of interest is as follows: Amount of interest = Amount of indebtedness × Period of indebtedness in "effective" days × Refinancing rate of the Central Bank of the Russian Federation / 360. calculations and provisions of Art. 316 of the Civil Code of the Russian Federation on the place of fulfillment of a monetary obligation, unless otherwise provided by law or by agreement of the parties. Let's consider the procedure for calculating the penalty on examples.
How to calculate the penalty for each day of delay
Date of payment under the agreement Specify the date of payment stipulated in the agreement. From this date the days of delay will be calculated for calculating the interest. Date of calculation If the debt has not been repaid - indicate today's date. If it is necessary to calculate the penalties as of the date of filing the claim, indicate the estimated date of filing the claim. If the debt has been fully repaid at the moment, but its repayment was delayed - indicate the date full repayment debt.
Penalty,% Specify contractual the amount of the penalty for each day of delay. Have there been partial repayments? Check the box if after the date of payment the debt was partially repaid. In the windows that will open, indicate the number of payments, the amount of payments and their dates.
How to calculate the penalty for each day of delay
Now, in the event of a breach of the contract, you have the right to collect from the debtor the designated 100,000 in a lump sum. 3 Penalty is charged when one of the parties to the contract fails to meet the obligations by the specified date. Penalty interest is a kind of counter that starts counting from the first day of delay.
The amount of the penalty increases every detained day. Penalty interest is most often presented in percentage To total debt... However, it can also be defined as flat sum for each overdue day.
4 A specific agreement dictates specific details for calculating the penalty. However, when there is a difference in data, there is general system determining the amount of compensation. To do this, we need the following information:
- the amount of the total debt by agreement;
- percentage of penalties;
- number of days of delay.
5 Let's analyze the calculation of penalties using specific numbers.
How to calculate the penalty for each day of delay
October 555 495.96 15 0.023 1916.46 November 555 495.96 30 0.023 3832.92 December 555 495.96 31 0.023 3960.69 January 555 495.96 31 0.023 3960.69 February 555 495.96 28 0.023 3577.39 March 555 495.96 31 0.023 3960.69 April 555 495.96 30 0.023 3832.92 May 555 495.96 31 0.023 3960.69 June 555 495.96 30 0.023 3832.92 July 555 495.96 31 0.023 3960.69 August 555 495.96 31 0.023 3960.69 September 555 495.96 30 0.023 3832.92 October 555 495.96 1 0.023 127.76 Total 350 44 717.42 According to the table. 1 the total amount of the penalty was 44,717.42 rubles. If you schedule it by months, then for October 2013 a penalty of 1916.46 rubles was charged. (555,495.96 rubles × 15 days × 0.023% / 100%), for November - 3832.92 rubles. etc. Also, this calculation can be executed as follows: the delay period from 10/17/2013 to 10/01/2014 is 350 calendar days, the percentage of penalty is 0.023.
How to calculate the penalty for each day of delay
- if the contract stipulates the payment of a fixed amount, then when a debt appears, it is it that is paid;
- if the contract specifies a percentage of interest, then the amount of the forfeit is calculated as the product total amount debt and interest rate charged for each calendar day of delay;
- if the contract does not specify the interest of the penalty (the percentage of the penalty is not specified, the fixed amount is not specified), the penalty is calculated at the refinancing rate of the Central Bank of the Russian Federation. Note that if the refinancing rate fluctuated during the overdue period, the specialist should calculate the penalty separately for each period with a certain rate value, and then summarize the data obtained.
This coefficient in its current value is always indicated on the website of the Central Bank.
