Accrual of interest ST 395 of the Civil Code of the Russian Federation. Calculation of interest for the use of other people's money - useful tips

When recovering debt from the counterparty, it is possible to obtain not only the principal debt, which is specified in the documents, but also a penalty. Sometimes its size is directly listed in the contract, then calculate the amount for the recovery is completely simple: you need to simply multiply the amount of debt to agreed interest, as well as on the number of days of delay. But sometimes there is no agreement, or there is no size of the penalty. In this case, it can also be recovered from the debtor according to the law.

Determines the procedure for calculating interest on debt (or, as written in the law, - for the use of others cash). After all, if a person or organization owed some amount, it is believed that this money is used, and therefore bring revenue. But not their legal owner, but the debtor. To determine the exact size of the penalty, the debt calculator is required. The use of the service is completely free and requires a minimum of information, but allows you to accurately calculate how much money to demand from the debtor to a specific date.

Two ways to calculate a penalty

So, we will understand how the calculation of interest in debt occurs. Calculator allows you to calculate their size as of posted date, as well as taking into account the regions of the Russian Federation. Why is the region important? This is due to the fact that in 2015 were Federal law from 03/08/2015 N 42-ФЗ Amendments to the Civil Code of the Russian Federation, in accordance with whichto calculate interest for the use of other people's funds, the refinancing rate of the Central Bank of the Russian Federation is no longer used. Now - these are middle rates bank interest By deposits individualswho publishes the Central Bank of Russia for the Federal Districts operating in the Russian Federation:

• Central FD;
• Northwest FD;
• Southern FD;
• North Caucasian FD;
• Volga FD;
• Ural FD;
• Siberian FD;
• Far Eastern FD.

Our debt calculator is designed to meet these changes in the Civil Code of the Russian Federation. It will help to calculate the amount of debt both in the new and old scheme - it is enough just to specify how you need to use it.

How to work with a calculator?

To use the debt amount calculator, you need to know only three parameters:

1. the sum of the main debt;
2. the term of delay under the obligation (the date of the delay and the date of the presented (or held) repayment;
3. federal Districtwhich is the creditor.

This information must be entered into the appropriate fields. Consider on a simple example how to do it.

1. Imagine that the main debt under the contract is 1000 rubles:

Please note that the item "360 days a year" must be used only if the debt was formed in the period before March 24, 2016, when periods of 360 days a year and 30 days in a month were used for calculation. After this date, you do not need to install in this window.

3. The debtor and the lender live in the Central Federal District, so we choose it:

4. After entering this information, the debt calculator calculator will make the necessary calculations and show the result:

Please note that you can get at the output:

• debt in rubles and pennies, taking into account interest;
• separately - the size of the penalty for this debt in monetary terms;
• the procedure for calculating the penalty in the details.

That is, general interest will be defined, but also by month and day, with the indication of the interest rates applied. This information is necessary to compile a claim to the debtor and writing a lawsuit.

If necessary, the debt amount calculator can be used to calculate the debt and the amount of the penalty according to the old rules when the refennication rate of the Central Bank of the Russian Federation was applied. Also completed the calculation calculator allows you to print. To do this, it is built into it a convenient option "For printing", which automatically displays the result on the printer (for example, to provide to the court or debtor).

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

Interest under Art. 395 - Legal Nature

Actually on the calculation of the penalty under Art. 395 of the Civil Code of the Russian Federation speaks no, since this article contains a rule of interest at a timely manifested cash deblies. The percentages for the use of other people's money, unlike a penalty, which first of all represents a measure of ensuring the fulfillment of the obligation, and in the second - responsibility, are one of the manifestations of the retribution of private-level property relations (the use of other people's values \u200b\u200bmust be paid). At the same time, interest accrued under Art. 395, inherent and function of responsibility, since they are charged only for overdue debts (clause 1 of Art. 395 of the Civil Code of the Russian Federation). However, in use due to the punitive function and similar to the penny, the method of accrual interest (for the day of delay) in this case, it is more common about the calculation of the penalty of 395 Civil Code of the Russian Federation.

In addition, Art. 395 illustrates dispositionability civil law, since the interest offered by it is applicable only if the parties are:

1. Did not establish a different amount of interest for the use of money in the contract,
2. Did not agree on the penalty for the delay of money debt. This rule is valid from 06/01/2016, in accordance with paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 No. 7, approved. Presidium of the Armed Forces of the Russian Federation 25.11.2015 (hereinafter - Resolution No. 7).

How to determine the size of interest under Art. 395.

In 2015-2017, the sending rate of interest was repeatedly changed, and when calculating them, it was used that acting at the time of the accrual (clause 48 of Resolution No. 7). Accordingly, choosing the amount of interest for the calculation, it is necessary to be guided by various editions of the Civil Code of the Civil Code:

1. Until 05/31/2015, the accounting rate of the banking interest at the place of residence was charged (for Jurlitz - location) of the lender.
2. From 01.06.2015 to July 31, 2016, the interest rate was used, determined by average banking interest rates on deposits of individuals existing at the place of residence (for a legal entity) of the lender.
3. From 01.08.2016, the key rate of the Bank of Russia, which operated at the appropriate periods is applied.

All listed values \u200b\u200bare determined and published by the Bank of Russia.

How to calculate interest under Art. 395 (Features of the calculation, formula)

The above values \u200b\u200bare annual interest rates. However, interest for the use of money is more convenient to count by day, in connection with which the need arises in the formula the calculation of the interest accrued to the amount of debt daily. At the same time, the rule of paragraph 3 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 13 and the Plenum of the Court of Justice No. 14 of 10/08/1998 required that when calculating the year declared equal to 360 days, and a month - 30 days.

Debt size × interest rate (see Previous section Articles) / 360 × Number of days of delay

However, subsequently, this item was canceled by Decree No. 7, although alternatives are not proposed to him, as a result of which it is desirable to use a somewhat modified formula:

Debt size × interest rate / actual number of days a year × number of days of delay

Thus, in the general formula for calculating the penalty in the 395th article of the Civil Code of the Russian Federation, it is necessary to adjust:

• current interest rate (taking into account changes in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation);
• the number of days a year (360 - until 24.03.2016 and 365 or 366 - after).

Determination of the percentage period

The initial and end points of interest accrual are determined by the following rules:

1. Begin to accrue the day after the expiration of the fulfillment of the obligation (Art. 191 of the Civil Code of the Russian Federation).
2. On Claims on the return of money, the initial moment is the day when the defendant learned about the need to return funds (paragraphs 51, 58 of Resolution No. 7).
3. The end point of the accrual is the moment of factual payment (clause 3 of Art. 395 of the Civil Code of the Russian Federation).
4. To make a decision on the recovery of interest, the court requires a calculation on the decision of the decision (p. 48 of Resolution No. 7).
5. Interest for the non-fulfillment of the settlement agreement is charged from the day following the last day of its voluntary performance (clause 52 of Resolution No. 7).

Given the constant change interest rate In the calculation, in fact, it will have to be produced, dividing into several - by temporary periods of the corresponding rate.

For example:

• the first period of calculating interest under Art. 395 on the amount of debt, overdue from July 01, 2017, will be the period from July 01, 2017 to September 18, 2017 (the rate of rank of 9%, according to the information of the Bank of Russia dated June 16, 2017);
• the second will be the period from 09/19/2017 to 30.10.2017 (the rate of interest is 8.5%, according to the information of the Bank of Russia of 06/16/2017), etc.

Thus, the measure, referred to as the "penalty of 395 of the Russian Federation" in reality, is actually a measure of property responsibility and at the same time as a fee for the use of other people's money. Percentage, it is necessary to take into account changes in Art. 395, which occurred since 2015, because they influenced the formula for calculating, and the choice of interest rate, and the very possibility of interest accrual. Sample calculation of the penalty under Art. 395 GK RF can be downloaded on our website.

Article 395 of the Civil Code of the Russian Federation. Responsibility for non-fulfillment of monetary obligation

1. For the use of other people's money due to their unlawful retention, deviations from their return, other delay in their payment or unjust receipt or savings at the expense of another person are subject to pay interest in the amount of these funds. The amount of interest is determined by the lender existing in the place of residence 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.

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 for non-fulfillment or improper performance monetary obligationThe percentages provided for in this article are not subject to recovery, unless otherwise provided by law or contract.

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

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

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

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

In this article we will talk about the consequences of untimely execution debt obligations - those that represent them Civil Code Russia. We will also tell me in detail how to make the calculation of interest for the use of other people's money.

Letter of the law

All the information you need contains in itself Art. 395. Consider what GK talks about interest for the use of other people's money:

• In the event that any person wrongfully holds other people's money, evades their compensation to the lender or late with the return of debt, the amount of interest is additionally accrued, also mandatory to pay. Their size determines the key rate of the Central Bank (from 5 to 17%) currently relevant for the current period. The voiced rules are valid if the agreement between the lender and the credited does not imply another amount of interest data for the use of other people's money.
• If the losses that the bidder suffered due to the late return of his debt, more sum percent of the previous item, then it has full law Require the borrower to fully repay your losses.
• Accrual interest for using other people's money is incorporated on the day of returning the full amount to the creditor, if the contract on the debt obligation or other legislation does not imply another period.
• If the contract between the lender and the borrower stipulates the penalty for the improper execution of this agreement or complete ignoring it, then the percentage from the first point is not accumulated from the debtor. With the fact that in the contractual document there are no other conditions specifically regarding this circumstance.
• The accrual of complex interest for the use of other people's money (add percent percent) of this article is not allowed if this fact does not pre-enter the contract or other legislative act.
• If the amount of accrued interest clearly does not correspond to the severity of the violation of the debt obligation, the court at the request of the borrower may reduce it to more reasonable limits. However, even in this case, interest for the use of other people's money should not be lower than specified in the first paragraph - established at a fixed rate for loans of the Central Bank of the Russian Federation.

We now proceed to the calculation of such a fine and the information necessary for this.

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

In order to use the provisions of the voiced article of the Civil Code of the Russian Federation in real case, it is necessary to determine the following points:

• start of interest accrual;
• date of completion of interest accrual;
• interest rate;
• the procedure for calculating.

We will analyze each of the items in detail.

The beginning of the accrual of fine

Art. 191 GK prescribes to start accrualing interest for the use of other people's money the day after the onset of the date when, according to the contract, the loan must be repaid.

If we consider it on specific example: Ivanov A.B. On the debt receipt was obliged to return some amount to Smirnov S. S. Fifth August 2017. However, the borrower did not fulfill its obligation. Hence Smirnov S.S. He has the right to demand interest for the use of other people's money from the sixth of August 2017.

Completion of interest interest

The second point of the Resolution of the Plenum of the Supreme Courts of the Russian Federation (Sun and Arbitration) No. 13/14 proclaims that interest for late repayment of the loan is charged to a specific date - the number when the credited fully paid off its duty. If only the contract or other legislative act does not put another period.

Continuing to consider our example, assume that Ivanov AB Returned the loan Smirnov S.S. September 2, 2017. Consequently, the lender is controlled to demand interest from his debtor for the period August 6 - September 2, 2017 inclusive.

The amount of interest rate

Article 395 (clause 1) specifically sets the amount of the penalty - interest for the use of other people's money. It corresponds to the rate of the Central Bank of Russia for the day when actually the debt was repaid. In this case, the value of the rate is valid for the region, where the debtor-individual lives, or a legal borrower has been registered.

P.51 Resolutions of the Plenum of the Supreme Courts No. 6/8 to eliminate some of the inconsistencies arising from reading 1 Article.395 of the Civil Code, prescribes that the amount of interest should be equal to the current on this moment refinancing rate established by the Central Bank of the Russian Federation for commercial banking organizations on credit resources. Learn about its size is the easiest way to the official website of the Central Bank of Russia.

And again we turn to our example. Since June 2017, the Central Bank of the Russian Federation established the size of the key rate in 9% per annum. Consequently, Ivanov AB will pay interest to your lender, taking into account this value.

Calculation of interest for delay

Resolution No. 13/14 of the Plenum of the Supreme Courts of the Russian Federation prescribes that, when taking into account interest at the rate of the Central Bank of the Russian Federation, the default days of the year is expected to be 360, and the days in the month is from here - 30.

From here you can withdraw the following convenient formula:

N \u003d (cf x d x CH) / 36 000. Decoding:

P - Amount of interest for late return of the busy amount.

CP - refinancing rate installed by the Central Bank.

D - the amount of debt obligations.

The CHD is the number of days of delay, including the one when the debt was directly repaid in full before the lender.

36 000 - 360 days a year, multiplied by an indicator that shows a stake by one percent.

Practical example of calculation

We will make some clarifications as an example, which was represented throughout the article, namely, the amount that Ivanov AB Entry from Smirnova S.S. Let it be 100 thousand rubles. Now we have all the information for substitution in the formula:

D \u003d 100 000 rubles.

We substitute these numbers in the calculation formula:

(9 x 100 000 x 28) / 36,000 \u003d 700.

From here we get that Ivanov AB At the time of debt repayment before Smirnov S.S. For the delay in payment in 28 days, the total amount should pay 100,700 rubles to the lender (100,000 + 700).

In this article, we considered one of the easiest examples of calculating interest for the delay in the execution of the debt obligation. In some cases, it is complicated by partial debt repayments, as well as monthly payments-remuneration to the lender for the provided loan. Such calculations are better not to conduct independently, but through numerous online calculators presented on the network.

The late provision of the amount taken to the debt, if the loan agreement does not imply a different condition, punishable by accrual interest for keeping other people's money for every day overdue. Remember that this penalty Accrued until full repayment debt obligation to the lender.