Calculation for 395 Civil Code of the Russian Federation calculator. How to calculate interest under Article 395 of the Civil Code of the Russian Federation (new rules). How many days to calculate interest?

Note

after June 1, 2015. In this case it applies dated June 1, 2015, according to which the calculation is carried out at the average bank interest rates of the Central Bank of the Russian Federation for the period of the obligation arising

Note

You have selected the date of occurrence of obligations until June 1, 2015.
In this case, some judges use from January 1, 1995 for the entire period of delay, and according to which the calculation is carried out at the refinancing rate (and from January 1, 2016 at the key rate) of the Central Bank of the Russian Federation on the date the obligation arose.

Previously, on June 1, the calculation was made the same for all regions of the Russian Federation based on the Central Bank refinancing rate (Refinancing rate of the Central Bank of the Russian Federation until June 1, 2015).

This rule applies if the interest rate is not established by agreement or by law. If the losses caused to the creditor exceed the amount of interest, he has the right to also demand from the debtor compensation for losses that exceed this amount.

Explanation of debt calculations for 30-day months

Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 N 13/14 “On the practice of applying the provisions Civil Code Russian Federation about interest for using other people's in cash"

• Choose 30 day calculation, if the case is being considered in the Arbitration Court and the period of delay is calculated in years, and these are periodic payments (for example, rent).
• Choose calculation by calendar days , if it is a debt between individuals on a receipt for 3 months and 3 days, because It is not difficult to calculate the actual number of days. This adds several days to the period for calculating the debt, and therefore money.

When calculating interest on the use of someone else's money, it is necessary to correctly calculate the period of such delay. If the payment deadline is set by a specific date (for example, until May 4, 2017, until the 10th of each month, etc.), then the period of delay is calculated from the next day (for example, from May 5, 2017, from the 11th of each month ).

Calculation of penalties for periodic payments

It is important to note that when calculating interest for periodic payments (for example, rent), the amount of interest for using someone else's money will be the sum of all periods.

Example. An apartment lease agreement was concluded for a period of 6 months from January 2017. Size rent 20,000 per month, payment must be made by the 10th of every month. If the tenant paid for the first month, but did not pay for the rest, then interest will be calculated for the following periods:

1). 20,000 rubles, period of delay from 02/11/2017 to 09/30/2017 (for example, the day the claim was filed).

2). 20,000 rubles, overdue period from 03/11/2017 to 09/30/2017.

3). 20,000 rubles, overdue period from 04/11/2017 to 09/30/2017.

4). 20,000 rubles, overdue period from 05/11/2017 to 09/30/2017.

5). RUB 20,000, overdue period from 06/11/2017 to 09/30/2017.

As a result, each payment will have its own amount of interest for the use of someone else’s money, and if all these amounts are added up, you will get the final amount of interest for the use of someone else’s money.

Calculation of interest without a specified repayment period

Sometimes situations arise in life when no date or date specified execution monetary obligation, that is, the refund period is not defined. In this case, the law should be followed. For example, if the receipt only indicates that one person received a loan from another in the amount of 100,000 rubles. IN in this case The refund period is not specified, which means it is necessary to apply the law (Part 1 of Article 810 of the Civil Code of the Russian Federation):

The period of delay begins on 31 days after receipt of the request - this will be the first day of delay.
For example, the debtor received a demand for the return of money on July 10. This means that the period of delay will be considered as follows: July 10 + 30 days for execution. August 10 is the last day for debt repayment. The delay period begins on August 11.

Penalty at independently established percentages (Contractual penalty)

Current legislation allows self-setting interest the parties, without limiting the amount of such interest, that is, if the parties agree that 1% per day is charged for each day of delay on the amount that is not returned, then this is the amount that is taken into account.

BUT despite this, the court may, at the request of the debtor, reduce this percentage if it is disproportionate to the consequences of non-payment of the debt (Part 6 of Article 395 of the Civil Code of the Russian Federation), but not less than to the average rate bank interest by deposits individuals.

Calculator Note

It is important to understand that different rules of law apply to different situations. For example, to calculate interest for late payment wages your interest rate is applied (see the calculator for calculating interest on arrears of wages), since in this case it is not the norms of civil law that apply, but the norms of labor law.

There are also other cases when the amount of interest is clearly established, but in a different amount than Art. 395 Civil Code of the Russian Federation. Art. 23 of the “Law on the Protection of Consumer Rights” says

Conclusion from the calculator

It is necessary to understand that for civil law(all kinds of agreements, for example, loans, purchase and sale, lease, supply, provision of services, etc.) the norms of the Civil Code of the Russian Federation are applied (Article 395 of the Civil Code of the Russian Federation or a contractual penalty, the amount of which is indicated in the agreement itself), for labor relations- norms Labor Code RF (Article 236 of the Labor Code of the Russian Federation). If the matter concerns the protection of consumer rights, then the law “On the Protection of Consumer Rights” applies.

If you have any doubts about this or that issue, you can always seek advice from the lawyers of our website.

If you have lent money to someone, documenting it with a receipt or a loan agreement, but the debt is not repaid, then you can go to court to protect your rights.

1. Place of filing the claim

By general rule the claim is filed at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation).

There are other options (for example, if the defendant entity, then the claim can be brought at the location of the branch of Art. 29 Code of Civil Procedure of the Russian Federation).

2. Which court should I go to?

It is necessary to distinguish the jurisdiction in which court to file a claim: magistrate or in district court.

If the debt is less than 50,000 rubles and there is a loan agreement, a receipt, then you need to contact magistrate(Art., Code of Civil Procedure of the Russian Federation). Thus, jurisdiction depends on the category of the case, the amount of the claim and the claims.

If the claim is more than 50,000 rubles or there is a demand for moral damages, the claim is filed in the district court.

3. Drawing up a statement of claim.

To go to court, you need to draw up a statement of claim. It describes in detail all the circumstances of what happened, in addition, it indicates the exact amount that you are asking to recover.

For example, if you lent 40,000 rubles, but 5,000 rubles. They have already returned it to you, then the claims will be for the return of 35,000 rubles and interest for the use of other people’s funds, etc.

In this case, the amount of the claim does not include amounts for legal expenses (state fees, provision of legal assistance). That is, if a claim is made to collect state duty from the defendant, then this amount is not included in the cost of the claim.

For example, if the plaintiff asks to collect a debt amount of 35,000 rubles, 9,000 rubles interest for the use of other people’s funds and court expenses 10,000 rubles, then the amount of the claim will be 44,000 rubles. Accordingly, the claim is submitted to the magistrate.

4. Interest calculation document

In addition to the contract, receipt and other documents, it is necessary provide interest calculations.

This calculation can be included either in the text of the statement of claim itself, or performed as a separate document, which, accordingly, can be called: “Calculation of interest.”

When calculating interest, it is important to take into account that interest on the use of other people's funds may be established by agreement.

If there is no such condition in the agreement or receipt itself, then the percentage specified in the law (Article 395 of the Civil Code of the Russian Federation) is applied, and it can be calculated using the calculator on the page of which you are located.

If a specific percentage is specified in the agreement or receipt, then that is what is applied.

5. State duty

When filing a claim, a state fee is paid. It is paid before filing a claim, since a receipt for payment of the state duty is provided along with the statement of claim to the court - original receipt required.

Calculation of state duty is carried out in accordance with tax code Russian Federation and directly depends on the price of the claim, as well as on the court in which the case is being heard (magistrate, district court, arbitration court).

6. Complete list of documents for filing a claim

The list of documents that are attached to the claim is established by Art. 132 Code of Civil Procedure of the Russian Federation

7. Going to court to collect debt

When the statement of claim is ready and all documents have been collected, you can go to court. Statement of claim You can file directly with the court, and you will be given a mark indicating acceptance of the claim on your copy of the claim. Or you can send it by registered mail with a list of attachments.

After this, you will only have to wait for the court to notify you of the date of the court hearing.

Afterword

If the law “On the Protection of Consumer Rights” is violated, then the procedure for filing a claim is no different. The only difference will be in the calculation of interest, and also in the fact that the state duty for this category of cases is not paid.

FAQ

1. Where to get rates for calculations under Art. 395 GK for dollars and euros?

In Question No. 3 of the section “Explanations on issues arising in judicial practice” from the “Review judicial practice Supreme Court of the Russian Federation No. 1 (2017)" (approved by the Presidium of the Supreme Court of the Russian Federation on February 16, 2017) covers this problem:

QUESTION 3. On the basis of what rate is determined the amount of interest paid for unlawful withholding of funds, evasion of their return, other delay in their payment, in the case when, in accordance with the legislation on currency regulation And exchange control when making payments on obligations, it is allowed to use foreign currency and the monetary obligation is expressed in it, as well as when the monetary obligation is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conditional monetary units?

ANSWER. In accordance with paragraph 1 of Art. 395 of the Civil Code of the Russian Federation in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The interest rate is determined key rate Bank of Russia, operating during the relevant periods. These rules apply unless a different interest rate is established by law or agreement.

The specified procedure for calculating interest is subject to application in cases where the monetary obligation is expressed in rubles, since the key rate of the Bank of Russia, being the main indicator monetary policy, is installed Central Bank Russian Federation in percentage and is used in calculations in national currency- ruble.

At the same time, in accordance with the legislation on foreign exchange regulation and exchange control, in certain cases, a monetary obligation may be expressed in foreign currency, and the use of foreign currency may be allowed when making payments on obligations. Also, the monetary obligation itself may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (clauses 1, 2 of Article 317 of the Civil Code of the Russian Federation).

Based on the interpretation of Art. 309, 317 and 395 of the Civil Code of the Russian Federation in their interrelation, in case of delay in fulfilling a monetary obligation, the currency of the debt is foreign currency, interest for unlawful withholding of funds, evasion of their return, other delay in their payment are subject to calculation in foreign currency, since the purpose of paying these interest is the restoration of the creditor’s property status and compensation for the income he did not receive from possible use funds not returned on time by the debtor.

Taking into account that the key rate of the Bank of Russia is the interest rate on transactions provided by the Bank of Russia commercial banks short-term loans on an auction basis, the amount of interest paid for violation of a monetary obligation, the debt currency of which is foreign currency, must be determined taking into account similar indicators and calculated based on average interest rates in the debt currency.

Sources of information about average rates for short-term loans in foreign currency are the official website of the Bank of Russia on the Internet and the official publication of the Bank of Russia "Bulletin of the Bank of Russia".

If the average rate in the relevant foreign currency for a certain period is not published, the amount of interest payable is established based on the latest published rate for each period of delay.

When such publications are not available, the amount of interest to be collected is calculated on the basis of a certificate from one of the leading banks at the location of the creditor, confirming the average rate applied by him on short-term foreign currency loans

We take information about rates from this page of the Central Bank of the Russian Federation from the section “Information on loans in rubles, US dollars and euros | in general for the Russian Federation.”

2. Why does the calculator take 365/366 days a year and not 360?

Indeed, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998 (hereinafter referred to as Resolution No. 13/14) stated:

When calculating the payable 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, as well as business customs.

However this item was canceled Clause 84 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2016 No. 7

Rates valid from 06/01/2015 to 07/31/2016

in rubles

Information on average bank interest rates on deposits of individuals in dollars to calculate interest under Art. 395 Civil Code of the Russian Federation

Information on average bank interest rates on deposits of individuals In Euro to calculate interest under Art. 395 Civil Code of the Russian Federation

There is a convenient service on the Internet for lawyers - a calculator for calculating interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation. Use for free.

Paid for illegal retention sums of money or evasion of their payment, complies with the Civil Code. The calculator knowledge base includes all changes interest rate by region, which was established monthly by the Bank of Russia, as well as:

• refinancing rate if the delay began before June 1, 2015;
• , if the delay lasted after August 1, 2016.

Download documents on the topic:

The calculator for calculating interest for using other people's funds will tell you:

• what formula is used to calculate the penalty under Art. 395 Civil Code of the Russian Federation;
• how to calculate late payment penalties in 2019 in accordance with this article.

According to the rules relevant for 2019, the calculation of interest under Article 395 of the Civil Code of the Russian Federation takes into account their accrual from the date following the day on which the payment should have been made.

Example. If the debtor was supposed to make payment before 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 using a calculator

Takes into account all changes in the interest rate by region, which were set monthly by the Bank of Russia, as well as the refinancing rate if the delay began before June 1, 2015, and the key rate if the delay lasted after August 1, 2016.

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

For example: the customer’s debt to the contractor amounted to 100,000 rubles. The customer delayed payment by 7 calendar days. During the period of delay, the key rate was 7.5%. The year is not a leap year; it has 365 days. Then the penalty under Article 395 will be 143 rubles 84 kopecks.

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

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

How to calculate interest under Article 395 of the Civil Code of the Russian Federation for periodic payments

According to Russian legislation the amount of the penalty for periodic payments (for the use of services, credit, rental of equipment or real estate, etc.) is formed as the amount for all payment periods.

Example. A six-month contract was concluded for the rental of an excavator from July 25, 2018 to January 25, 2019 at a price of 30,000 rubles per month. According to the terms of the agreement, the tenant is obliged to pay rent for the month in advance no later than the 25th day of the current month. However, he paid only for August and September and avoided other payments. To calculate interest under Article 395 of the Civil Code of the Russian Federation using a calculator, you need to add up several amounts using the following formula:

1. Interest from 30,000 rubles. for the period of delay from 09/25/2018 to 02/04/2019 (approximate date of the statement of claim).
2. Interest from 30,000 rubles. for the period from 10/25/2018 to 02/04/2019.
3. Interest from 30,000 rubles. for the period from November 25, 2018 to February 4, 2019.
4. Interest from 30,000 rubles. for the period from December 25, 2018 to February 4, 2019.

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

How to determine penalty interest if the rate has changed

On January 1, 2016, the refinancing rate was equalized to the key one. From this moment on, penalty interest under Article 395 of the Civil Code of the Russian Federation began to be determined according to new rules: in the calculator you need to indicate the current key rate or an indicator that corresponds to the period of delay. You need to rely on the refinancing rate only when determining the penalty for late payments under old contracts. However, complex calculation cases may arise.

For example, the contractor completed the work and delivered it on time, July 5, 2018. The payment date 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 lasted for several months, during which time the key rate changed. The customer transferred the money only on December 6, 2018. Interest must be calculated for the period from July 6 (the 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, you need to use a general formula and rely on the rate that was in effect during the given period. The calculation might 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 = 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 = 1,664 rubles 38 kopecks.
3. Add up the first and second results. For the delay, the customer must pay 3,114 rubles 63 kopecks.

What rules apply when calculating interest under Art. 395, if the debt repayment date was not indicated

Article 810 of the Civil Code of the Russian Federation obliges the borrower to repay the loan money on time and in the order provided for by the agreement loan If the agreement does not contain a specific date, month and year of repayment of the loan amount, then the Law imposes an obligation on the borrower full repayment debt within thirty days from the date the lender submits the relevant demands.

Example. The borrower borrowed 100,000 rubles from the lender against a receipt that did not specify a repayment date. Some time later, on August 15, the creditor sent a demand to the debtor for repayment of the debt. In such a situation, the first day of delay will be considered not August 15, but August 15 plus 31 days, that is, September 16, since September 15 is the last day to repay the loan without accruing interest under Article 395 of the Civil Code of the Russian Federation.

The parties to the loan agreement have the right to independently determine the amount of the penalty for late fulfillment of monetary obligations. According to Part 4 of Art. 395 of the Civil Code of the Russian Federation, in the case where in the contract the parties themselves indicated the amount of fines for non-fulfillment (improper fulfillment) by one of the parties to the contract of their monetary obligations, then the calculation of interest is carried out on the basis of the contract.

However, on the basis of Part 6 of Art. 395 of the Civil Code of the Russian Federation, the defendant has the right to petition the court to reduce the amount of interest if it is disproportionate to the consequences of non-payment of the debt.

In this regard, when filing a claim, it is worth considering the possible reduction by the judge of the claims even if there is a clear discrepancy between the amount of interest and total debt You should independently reduce the amount of interest, thereby saving on the amount of state duty.

Note

after June 1, 2015. In this case it applies dated June 1, 2015, according to which the calculation is carried out at the average bank interest rates of the Central Bank of the Russian Federation for the period of the obligation arising

Note

You have selected the date of occurrence of obligations until June 1, 2015.
In this case, some judges use from January 1, 1995 for the entire period of delay, and according to which the calculation is carried out at the refinancing rate (and from January 1, 2016 at the key rate) of the Central Bank of the Russian Federation on the date the obligation arose.

Previously, on June 1, the calculation was made the same for all regions of the Russian Federation based on the Central Bank refinancing rate (Refinancing rate of the Central Bank of the Russian Federation until June 1, 2015).

This rule applies if the interest rate is not established by agreement or by law. If the losses caused to the creditor exceed the amount of interest, he has the right to also demand from the debtor compensation for losses that exceed this amount.

Explanation of debt calculations for 30-day months

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 N 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 funds”

• Choose 30 day calculation, if the case is being considered in the Arbitration Court and the period of delay is calculated in years, and these are periodic payments (for example, rent).
• Choose calculation by calendar days, if it is a debt between individuals on a receipt for 3 months and 3 days, because It is not difficult to calculate the actual number of days. This adds several days to the period for calculating the debt, and therefore money.

When calculating interest on the use of someone else's money, it is necessary to correctly calculate the period of such delay. If the payment deadline is set by a specific date (for example, until May 4, 2017, until the 10th of each month, etc.), then the period of delay is calculated from the next day (for example, from May 5, 2017, from the 11th of each month ).

Calculation of penalties for periodic payments

It is important to note that when calculating interest for periodic payments (for example, rent), the amount of interest for using someone else's money will be the sum of all periods.

Example. An apartment lease agreement was concluded for a period of 6 months from January 2017. The rent is 20,000 per month, payment must be made by the 10th of each month. If the tenant paid for the first month, but did not pay for the rest, then interest will be calculated for the following periods:

1). 20,000 rubles, period of delay from 02/11/2017 to 09/30/2017 (for example, the day the claim was filed).

2). 20,000 rubles, overdue period from 03/11/2017 to 09/30/2017.

3). 20,000 rubles, overdue period from 04/11/2017 to 09/30/2017.

4). 20,000 rubles, overdue period from 05/11/2017 to 09/30/2017.

5). RUB 20,000, overdue period from 06/11/2017 to 09/30/2017.

As a result, each payment will have its own amount of interest for the use of someone else’s money, and if all these amounts are added up, you will get the final amount of interest for the use of someone else’s money.

Calculation of interest without a specified repayment period

Sometimes situations arise in life when no date or date specified fulfillment of a monetary obligation, that is, the period for returning the money is not defined. In this case, the law should be followed. For example, if the receipt only indicates that one person received a loan from another in the amount of 100,000 rubles. In this case, the refund period is not specified, which means it is necessary to apply the law (Part 1 of Article 810 of the Civil Code of the Russian Federation):

The period of delay begins on 31 days after receipt of the request - this will be the first day of delay.
For example, the debtor received a demand for the return of money on July 10. This means that the period of delay will be considered as follows: July 10 + 30 days for execution. August 10 is the last day for debt repayment. The delay period begins on August 11.

Penalty at independently established percentages (Contractual penalty)

Current legislation allows self-setting interest the parties, without limiting the amount of such interest, that is, if the parties agree that 1% per day is charged for each day of delay on the amount that is not returned, then this is the amount that is taken into account.

BUT despite this, the court may, at the request of the debtor, reduce this percentage if it is disproportionate to the consequences of non-payment of the debt (Part 6 of Article 395 of the Civil Code of the Russian Federation), but not less than to the average bank interest rate on deposits of individuals.

Calculator Note

It is important to understand that different rules of law apply to different situations. For example, to calculate interest for delayed payment of wages, a different interest rate is used (see the calculator for calculating interest on arrears of wages), since in this case it is not the norms of civil law that apply, but the norms of labor law.

There are also other cases when the amount of interest is clearly established, but in a different amount than Art. 395 Civil Code of the Russian Federation. Art. 23 of the “Law on the Protection of Consumer Rights” says

Conclusion from the calculator

It is necessary to understand that for civil law (all kinds of agreements, for example, loans, purchase and sale, rent, supply, provision of services, etc.), the norms of the Civil Code of the Russian Federation are applied (Article 395 of the Civil Code of the Russian Federation or a contractual penalty, the amount of which is indicated in the contract itself ), for labor relations - the norms of the Labor Code of the Russian Federation (Article 236 of the Labor Code of the Russian Federation). If the matter concerns the protection of consumer rights, then the law “On the Protection of Consumer Rights” applies.

If you have any doubts about this or that issue, you can always seek advice from the lawyers of our website.

If you have lent money to someone, documenting it with a receipt or a loan agreement, but the debt is not repaid, then you can go to court to protect your rights.

1. Place of filing the claim

As a general rule, a claim is filed at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation).

There are other options (for example, if the defendant is a legal entity, then the claim can be filed at the location of the branch of Article 29 of the Code of Civil Procedure of the Russian Federation).

2. Which court should I go to?

It is necessary to distinguish the jurisdiction in which court to file a claim: magistrate or in district court.

If the debt is less than 50,000 rubles and there is a loan agreement, a receipt, then you need to contact magistrate(Art., Code of Civil Procedure of the Russian Federation). Thus, jurisdiction depends on the category of the case, the amount of the claim and the claims.

If the claim is more than 50,000 rubles or there is a demand for moral damages, the claim is filed in the district court.

3. Drawing up a statement of claim.

To go to court, you need to draw up a statement of claim. It describes in detail all the circumstances of what happened, in addition, it indicates the exact amount that you are asking to recover.

For example, if you lent 40,000 rubles, but 5,000 rubles. They have already returned it to you, then the claims will be for the return of 35,000 rubles and interest for the use of other people’s funds, etc.

In this case, the amount of the claim does not include amounts for legal expenses (state fees, legal assistance). That is, if a claim is made to collect state duty from the defendant, then this amount is not included in the cost of the claim.

For example, if the plaintiff asks to recover a debt of 35,000 rubles, interest for the use of other people's money of 9,000 rubles and legal costs of 10,000 rubles, then the amount of the claim will be 44,000 rubles. Accordingly, the claim is submitted to the magistrate.

4. Interest calculation document

In addition to the contract, receipt and other documents, it is necessary provide interest calculations.

This calculation can be included either in the text of the statement of claim itself, or performed as a separate document, which, accordingly, can be called: “Calculation of interest.”

When calculating interest, it is important to take into account that interest on the use of other people's funds may be established by agreement.

If there is no such condition in the agreement or receipt itself, then the percentage specified in the law (Article 395 of the Civil Code of the Russian Federation) is applied, and it can be calculated using the calculator on the page of which you are located.

If a specific percentage is specified in the agreement or receipt, then that is what is applied.

5. State duty

When filing a claim, a state fee is paid. It is paid before filing a claim, since a receipt for payment of the state duty is provided along with the statement of claim to the court - original receipt required.

The state duty is calculated in accordance with the Tax Code of the Russian Federation and directly depends on the price of the claim, as well as on the court in which the case is heard (magistrate, district court, arbitration court).

6. Complete list of documents for filing a claim

The list of documents that are attached to the claim is established by Art. 132 Code of Civil Procedure of the Russian Federation

7. Going to court to collect debt

When the statement of claim is ready and all documents have been collected, you can go to court. The statement of claim can be submitted directly to the court, and you will be given a mark indicating acceptance of the claim on your copy of the claim. Or you can send it by registered mail with a list of attachments.

After this, you will only have to wait for the court to notify you of the date of the court hearing.

Afterword

If the law “On the Protection of Consumer Rights” is violated, then the procedure for filing a claim is no different. The only difference will be in the calculation of interest, and also in the fact that the state duty for this category of cases is not paid.

FAQ

1. Where to get rates for calculations under Art. 395 GK for dollars and euros?

Question No. 3 of the section “Explanations on issues arising in judicial practice” from the “Review of the judicial practice of the Supreme Court of the Russian Federation No. 1 (2017)” (approved by the Presidium of the Supreme Court of the Russian Federation on February 16, 2017) highlights this problem:

QUESTION 3. On the basis of what rate is determined the amount of interest paid for unlawful withholding of funds, evasion of their return, or other delay in their payment, in the case when, in accordance with the legislation on currency regulation and exchange control, the use of foreign currency is allowed when making payments on obligations and is a monetary obligation expressed in it, and when is a monetary obligation payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units?

ANSWER. In accordance with paragraph 1 of Art. 395 of the Civil Code of the Russian Federation in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia in force during the relevant periods. These rules apply unless a different interest rate is established by law or agreement.

The specified procedure for calculating interest is subject to application in cases where a monetary obligation is expressed in rubles, since the key rate of the Bank of Russia, being the main indicator of monetary policy, is established by the Central Bank of the Russian Federation in percentage terms and is used for settlements in the national currency - the ruble.

At the same time, in accordance with the legislation on foreign exchange regulation and exchange control, in certain cases, a monetary obligation may be expressed in foreign currency, and the use of foreign currency may be allowed when making payments on obligations. Also, the monetary obligation itself may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (clauses 1, 2 of Article 317 of the Civil Code of the Russian Federation).

Based on the interpretation of Art. 309, 317 and 395 of the Civil Code of the Russian Federation in their interrelation, in case of delay in fulfilling a monetary obligation, the currency of the debt is foreign currency, interest for unlawful withholding of funds, evasion of their return, other delay in their payment are subject to calculation in foreign currency, since the purpose of paying these interest is the restoration of the creditor's property status and compensation for the income he has not received from the possible use of funds not returned on time by the debtor.

Taking into account that the key rate of the Bank of Russia is the interest rate on operations of the Bank of Russia providing short-term loans to commercial banks on an auction basis, the amount of interest paid for violation of a monetary obligation, the currency of which is foreign currency, should be determined taking into account similar indicators and calculated based on average interest rates in the currency of the debt.

Sources of information on average rates on short-term loans in foreign currency are the official website of the Bank of Russia on the Internet and the official publication of the Bank of Russia, Vestnik Banka Rossii.

If the average rate in the relevant foreign currency for a certain period is not published, the amount of interest payable is established based on the latest published rate for each period of delay.

When such publications are not available, the amount of interest to be collected is calculated on the basis of a certificate from one of the leading banks at the location of the creditor, confirming the average rate applied by him on short-term foreign currency loans

We take information about rates from this page of the Central Bank of the Russian Federation from the section “Information on loans in rubles, US dollars and euros | in general for the Russian Federation.”

2. Why does the calculator take 365/366 days a year and not 360?

Indeed, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998 (hereinafter referred to as Resolution No. 13/14) stated:

When calculating the annual interest payable 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, as well as business customs.

However this item was canceled Clause 84 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2016 No. 7

Rates valid from 06/01/2015 to 07/31/2016

in rubles

Information on average bank interest rates on deposits of individuals in dollars to calculate interest under Art. 395 Civil Code of the Russian Federation

Information on average bank interest rates on deposits of individuals In Euro to calculate interest under Art. 395 Civil Code of the Russian Federation

To calculate on a calculator in accordance with Art. 395 of the Civil Code of debt or penalty, the rules for calculating interest are used, established by the editions of Article 395 of the Civil Code of the Russian Federation, valid for the corresponding calendar period.

In cases of evasion on the part of the debtor of the return of funds, or their unlawful withholding, as well as other delay in their payment, in accordance with, interest is subject to accrual and payment on the amount of the debt.

If other rates are not provided for in the agreement, then, depending on the period of the debt, interest for the use of other people's funds is calculated:

from August 1, 2016 - at the key rate Central Bank of the Russian Federation in force during the relevant periods.

In accordance with Article 395 of the Civil Code of the Russian Federation, in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The interest rate is determined key rate of the Bank of Russia in effect during the relevant periods.

from June 1, 2015 to July 31, 2016 inclusive - at the average bank interest rates on deposits of individuals published by the Bank of Russia at the place of residence (for legal entities - location) of the creditor;

In accordance with the amendments made to Article 395 of the Civil Code of the Russian Federation by Federal Law No. dated 03/08/2015, for the use of other people's funds due to their unlawful withholding, evasion of their return, other delay in their payment, or unjust receipt or savings at the expense of another person, are subject to payment of interest on the amount of these funds. The amount of interest is determined by those existing at the creditor’s place of residence or, if the creditor is a legal entity, at its location, published by the Bank of Russia and occurring in the relevant periods average bank interest rates on deposits of individuals. To calculate interest, you must proceed from bank interest rates on short-term deposits of individuals in the relevant currency. If the average rate in rubles or foreign currency for a certain period is not published, the amount of interest to be collected is established based on the latest published rate for each period of delay.

In accordance with the wording of paragraph 1 of Article 395 of the Civil Code of the Russian Federation, which was in force until June 1, 2015, the amount of interest is determined by the existing rate at the creditor’s place of residence (for legal entities - location), the discount rate of bank interest on the day of fulfillment of the monetary obligation or its corresponding part or, when collecting a debt in judicial procedure, on the day the claim was filed or on the day the decision was made.

In accordance with Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 13 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 dated October 8, 1998, Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 6 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996, the discount rate is understood as a single discount rate Bank of Russia on credit resources provided to commercial banks (refinancing rate).

The current edition of the Civil Code of the Russian Federation, and in particular the above-mentioned article, is taken as the basis for the calculations of the calculator. The calculator can also take into account the Central Bank refinancing rates that were in effect until 2015

This calculator is made to calculate interest for the use of borrowed funds according to the rules of Article 395 of the Civil Code of the Russian Federation.

The general formula for calculating interest is as follows: Amount of interest = Amount of debt x Bank of Russia rate in effect during the period of delay / Number of days in a year x Number of days of delay.

The main parameters for calculating interest are the following debt parameters:

• sum;
• currency;
• period of delay;
• key rate of the Central Bank;

The rate of the Central Bank of the Russian Federation is determined separately for each period of delay. We remind you that it applies if the parties have not determined the interest rate in the agreement. If the contract specifies the percentage of the penalty, then the calculation should be carried out in .

Make sure that the debt periods are correctly indicated - sometimes the site calendar is faulty and it is easier to set the date manually. Often the first date will be the first day of delay, and the last date will be the date of actual payment of the debt.

Changing interest calculation rules

An additional complexity to the calculation is added by the fact that the key rate changes periodically, and sometimes the calculation rules also change. However, this calculator takes into account both the current key rate and the Central Bank rates that were in effect before June 1, 2015. The calculator also takes into account legislative changes in order of calculations:

from August 1, 2016, when calculating interest under Art. 395 of the Civil Code of the Russian Federation, the key rate of the Central Bank is applied;

from June 1, 2015 to July 31, 2016, interest was calculated based on the average bank rates on deposits of individuals in the corresponding region (for this you can select a region in the calculator).

Calculation in the calculator

You can also enter into the calculator data on partial payment of debt or additional debts, including you can copy this data from the tables using the recommendations for copying in the calculator.

Article 395 of the Civil Code of the Russian Federation. Liability for failure to fulfill a monetary obligation

1. In cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia in force during the relevant periods. These rules apply unless a different interest rate is established by law or agreement. (clause 1 as amended) Federal Law dated July 3, 2016 N 315-FZ)
2. If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of paragraph 1 of this article, he has the right to demand compensation from the debtor for losses in the amount exceeding this amount.
3. Interest for the use of someone else's funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or agreement.