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Art. 395 of the Civil Code of the Russian Federation

Attention! What does Article 395 of the Civil Code of the Russian Federation say:

• in cases where the money is illegally withheld, the return is evaded, or there is a delay in the payment of funds, there is a payment of a penalty or interest on non-payment. The amount of the penalty is determined by the key rate of the Central Bank of the Russian Federation, which was in force in this period. This rule is provided in the event that the amount of interest is not specified in the contract or legislative act;
• in case of infliction of unlawful losses to the creditor as a result of using his money, which exceed the amount of interest provided for by the first paragraph of the article, the creditor has the right to demand from the debtor amounts of money that will compensate for all losses that exceed the amount provided for by the first paragraph of the article;
• interest is charged for the use of other people's money, including the day the payment is received at the creditor's account, unless the legislation of Russia or other documents provide for another period for paying interest;
• in some cases, the payment of a penalty is provided for improper performance or non-performance of obligations expressed in monetary terms. Please note that this article does not provide for the collection of interest, unless otherwise provided by law or agreement;
• interest is not charged on interest, unless it is established by law. In case of fulfillment of contractual obligations that are related to entrepreneurial activity, the accrual of interest on interest is unacceptable, unless otherwise provided by law or agreement;
• if the amount of interest does not correspond to the consequences of the violation of circumstances, the court may reduce the interest, but only at the request of the borrower, but not less than the amount determined by paragraph 1 of the article.

Attention:

The inadmissibility of the simultaneous collection of both a penalty and interest under Art. 395

According to the general rule, announced by the Decree of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of October 08, 1998 No. 13/14, the simultaneous collection of interest for the use of other people's funds and penalties is not allowed.

Paragraph 6 of the Decree states that monetary obligations arising from agreements that provide for the borrower's obligation to pay for goods, work or services, or to pay money received on a return basis, interest is charged on late payment in accordance with Article 395 of the Civil Code of the Russian Federation.

Legislatively or on the basis of an agreement, it may be provided that the borrower is obliged to pay penalties (forfeit) in case of delay in the performance of monetary obligations.

In this case, the court will take into account that the creditor has the right to demand the application of one of the recovery measures to the borrower, without presenting evidence of losses and their actual size, which followed the violation of obligations by the debtor, unless otherwise provided by the legislation of the Russian Federation.

The rate for calculating interest for the use of other people's money

The amount of interest is specified in the agreement of the parties. If the amount is not indicated in it, then it is determined by the average bank interest, which is set on deposits of individuals at the place of residence of the creditor (individual) or the location of the creditor (legal entity).

If non-payment of the loan leads to the consideration of the case in court, then the interest at the bank rate is taken into account on the day the decision is made by the court or on the day the claim is filed with the court.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Calculation example

The amount of debt under the loan agreement in the city of Perm is 150,000 rubles. The weighted average Bank rate for the Volga Federal District is published on the website of the Central Bank of the Russian Federation.

The non-payment period is from 08/01/2017 to 04/30/2018.

The calculation of interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation with an amount of debt of 150,000 rubles is:

• from 08/01/2017 to 09/30/2017 (62 days): 150000 * 62 * 8.25% / 360 = 2131.25 rubles;
• from 10/01/2017 to 12/31/2017 (93 days): 150000 * 93 * 11.15% / 360 = 4320.63 rubles;
• from 01/01/2018 to 02/28/2018 (60 days) 150,000 * 60 * 10.14% / 360 = 2535 rubles;
• from 03/01/2018 to 04/30/2018 (62 days): 150000 * 62 * 10.12% / 360 = 2614.33 rubles;

In total, the amount of interest will be 11,601.21 rubles.

Watch the video. Liability for non-fulfillment of a monetary obligation:

At what rate to count

When agreeing on the text of a bilateral agreement, the creditor may set a certain interest rate, on the basis of which interest will be calculated in case of non-payment of the mandatory payment.

In some editions of the agreement, such wordings “at the key rate of the Central Bank of the Russian Federation” may occur. This is due to the fact that in the event of non-payment, the borrower could benefit from non-compliance with the terms of the contract, that is, the wrongful retention of other people's funds, and actually receive a loan at a rate that is several times lower than he signed under the contract.

In other words, at the present time it is impossible to get money on credit at an interest rate that is lower than the key rate of the Central Bank of Russia. This condition disciplines the counterparty to fulfill obligations under the contract on time.

Important! The rate set by the Central Bank of the Russian Federation, at the present time, serves as the main one, to which the entire monetary policy of the banks of the Russian Federation is directed.

Do not forget that the period for which the penalty is charged may not be limited to several years. And the key rate was introduced by the Central Bank of the Russian Federation only from September 13, 2013. Its size for a long period of its establishment has changed repeatedly: either up or down.

That is why the application of the rate for the entire period of delay is not acceptable, because the creditor may receive a smaller amount of interest than he should have received by collecting at the average rate on deposits.

In order to avoid such a situation, it is necessary to weigh all the risks that the creditor may incur when collecting penalties at the key rate of the Central Bank of the Russian Federation, and choose the most acceptable option.

Attention!

Interest collection

Article 395 of the Civil Code of the Russian Federation helps to collect interest in the event that the funds received by the party to the contract are used for other purposes.

Please note! There are a number of conditions under which this rule of law applies:

• if the funds that belong to one party are used by the other for their own purposes. This situation can arise under any conditions, the article does not establish a specific list;
• the money was improperly withheld or received, or was not returned in a timely manner. Including cases when they needed to be returned or spent. In this case, the funds must be returned or paid by bilateral agreement.

The actions of the party to the contract regarding the funds are illegal. In the presence of all of the above conditions, a penalty is charged, which is provided for in Article 395 of the Civil Code of the Russian Federation.

The principle of operation of the interest calculator for the use of other people's funds (under Art. 395)

The online calculator for calculating interest on the use of other people's funds takes into account all changes in the key rate of the region, which is set monthly by the Central Bank of Russia, as well as the refinancing rate if the non-payment began before 06/01/2015, and the key rate if the delay lasted after 08/01/2016 of the year.

Attention!

Rules for calculating interest at 395 for periodic payments

In accordance with Russian legislation, the amount of penalties for periodic payments (for the use of services, loans, rental of equipment or real estate, etc.) are formed in the form of amounts for payment periods.

For example, a six-month contract is concluded to rent a tow truck from January to June 2017, the rent is 50,000 rubles per month.

According to the terms of the agreement, the landlord receives monthly payments no later than the 25th day of the month, although the tenant paid only for January, and evaded payment for the remaining months.

• 50,000 for the period from February 25, 2017 to June 27, 2017 (date of filing a claim with the court);
• 50,000 for the period from 03/25/2017 to 06/27/2017;
• 50,000 for the period from April 25, 2017 to June 27, 2017;
• 50,000 for the period from May 25, 2017 to June 27, 2017;
• 50,000 for the period from 06/25/2017 to 06/27/2017.

At the Central Bank rate online with the latest changes 2019

This calculator will help calculate the penalty for late payment of the debt. This penalty interest is calculated from the date when the debtor was obliged to make payment until the date of actual payment of the debt or presentation of claims in court. It can be used in case of violation of the terms of payment of funds under any monetary contractual obligations, contracts, agreements, or in case of untimely execution of a court decision.

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	Clear Printable version Calculation of interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation For the amount owed: For currency, the calculator independently determines the interest rate only from 06/01/2015. Specify which interest rate to apply for the period up to 06/01/2015: Calculation of interest on a monetary obligation under Art. 317.1 of the Civil Code of the Russian Federation For the amount owed: From to (days): p × × / = Entered as the first day of delay. That is, the last day of the due date falls on a weekend. But according to Art. 193 of the Civil Code of the Russian Federation, if the last day of the term falls on a non-working day, the expiration day of the term is the next working day following it. The next business day is . And the first day of delay, respectively, (Article 191 of the Civil Code of the Russian Federation). Specify as the first day of delay? Yes The calculation result of this calculator is for reference only and is not official information. Liability for failure to fulfill a monetary obligation 1. In cases of illegal retention of funds, evasion of their return, other delay in their payment, interest on the amount of the debt shall be paid. The amount of interest is determined by the key rate of the Bank of Russia in force in the relevant periods. These rules apply unless a different amount of interest is established by law or an agreement (as amended by the Federal Law of July 3, 2016 N 315-FZ - Collection of Legislation of the Russian Federation, 2016, N 27, Art. 4248). 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 excess of this amount. 3. Interest for the use of other people's funds shall be charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the calculation of interest by law, other legal acts or an agreement. 4. In the event that an agreement of the parties provides for a penalty for non-fulfillment or improper fulfillment of a financial obligation, the interest provided for in this article shall not be recoverable, unless otherwise provided by law or the contract (clause 4 was introduced by Federal Law No. 42-FZ of March 8, 2015 - Collection of Legislation of the Russian Federation, 2015, N 10, item 1412). 5. Accrual of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled in the course of carrying out business activities by the parties, the use of compound interest is not allowed, unless otherwise provided by law or contract article 1412). 6. If the amount of interest payable is clearly disproportionate to the consequences of the breach of obligation, the court, at the request of the debtor, has the right to reduce the interest provided for in the agreement, but not less than to the amount determined on the basis of the rate specified in paragraph 1 of this article (paragraph 6 was introduced by the Federal Law of March 8 2015 N 42-FZ - Collection of Legislation of the Russian Federation, 2015, N 10, item 1412). Interest on a monetary obligation 1. In cases where a law or an agreement provides that interest is charged on the amount of a monetary obligation for the period of use of funds, the amount of interest is determined by the key rate of the Bank of Russia (legal interest) that was in force in the relevant periods, unless a different amount of interest is established by law or agreement. . 2. The condition of the obligation, which provides for the calculation of interest on interest, is void, except for the conditions of obligations arising from bank deposit agreements or from agreements related to the implementation of entrepreneurial activities by the parties.

Interest under Art. 395 - legal nature

Actually about the calculation of the penalty under Art. 395 of the Civil Code of the Russian Federation is out of the question, since this article contains a rule on the calculation of interest on unpaid cash debts in a timely manner. Interest for the use of other people's money, in contrast to the penalty, which is primarily a measure of ensuring the fulfillment of an obligation, and secondly, responsibility, is one of the manifestations of the compensation of private law property relations (the use of other people's valuables must be paid for).

In addition, Art. 395 illustrates the optionality of civil law, since the interest it offers is applicable only if the parties:

1. They did not establish a different amount of interest for the use of money in the contract,
2. We did not agree on a penalty for delaying a monetary 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 dated 03/24/2016 No. 7, approved. Presidium of the RF Armed Forces on November 25, 2015 (hereinafter referred to as Resolution No. 7).

In connection with the changes in the composition of Art. 395 of the Civil Code of the Russian Federation, difficulties may arise in calculating the interest charged from the debtor, including if the debtor partially fulfilled its obligations to the creditor.

Calculation of interest under Art. 395 of the Civil Code of the Russian Federation

Imagine that between two companies the relationship under the transaction covers several periods of changes in Art. 395 . For example, take the period from June 1 to August 15, 2016.

Suppose that on May 30, your company accidentally transferred 100,000 rubles to the account of another organization. On June 1, this company received an account statement and learned about a payment received without reason. You demanded a refund and eventually agreed that the company would return half of the amount on June 15 in compensation (transfers office equipment), and the rest - in cash in two payments: 30 thousand on June 30 and 20 thousand on August 15.

Repayment of debt by agreement of the parties

If part of the debt is repaid by agreement of the parties, you need to check whether interest for delay was taken into account. For example, the debtor has provided a release to pay off the debt and interest accrued at that time. In such a situation, interest begins to accrue again from the balance of the debt. If the settlement pays only the body of the debt, interest will continue to accumulate.

Partial fulfillment of obligations

When the debtor fulfills the obligation in installments, interest is paid off first (Article 319 of the Civil Code of the Russian Federation). This rule applies in particular to interest under Art. 317.1 of the Civil Code of the Russian Federation, but not to interest under Article 395 of the Civil Code of the Russian Federation (clause 49, hereinafter referred to as Resolution No. 7).

Rates for calculating interest under Art. 395 of the Civil Code of the Russian Federation

In the considered situation, from June 1 to July 31, the rates on deposits of individuals are applied, from August 1 to August 15 - the key rate. We consider interest precisely from June 1 - when the acquirer found out about the unreasonableness of receiving funds (clause 2 of article 1107 of the Civil Code of the Russian Federation). The Plenum of the Supreme Court of the Russian Federation indicated that such a day can be considered the date of receipt of an account statement (paragraph 58 of Resolution No. 7).

An example of calculating interest under Art. 395 of the Civil Code of the Russian Federation

So, the amount of debt is 100 thousand rubles. for the period: from June 1 to August 15 (76 days). Region - Central Federal District (the creditor is located in Moscow).

1. From the first day of delay until the repayment of part of the obligation by compensation.

Amount of debt: 100,000 rubles.

Calculation: 100,000 × 15 × 7.9% / 366 = 323 rubles. 77 kop.

2. After repayment of part of the debt by compensation and before the first payment.

Amount of debt: 50,000 rubles, since half was repaid by compensation.

Calculation: 50,000 × 15 × 8.24% / 366 = 168 rubles. 85 kop.

3. From the first payment until the change in the rate on deposits of individuals.

Amount of debt: 20,000 rubles.

The received payment (30 thousand rubles) first extinguishes the debt (50 thousand rubles) and only the balance can be taken into account as interest under Article 395 of the Civil Code of the Russian Federation. But in this case it is not.

Calculation: 20,000 × 14 × 8.24% / 366 = 63 rubles. 04 kop.

4. From the date of change in the rate on deposits until the start of the key rate.

Calculation: 20,000 × 17 × 7.52% / 366 = 69 rubles. 86 kop.

5. From the start date of the key rate until the final payment.

Calculation: 20,000 × 15 × 10.5% / 366 = 86 rubles. 07 kop.

Outcome: On August 15, the debtor transferred 20 thousand rubles. The lender takes them into account to repay the debt. Accrued interest in the amount of 218 rubles. 97 kop. remain with the debtor.

If the debtor repaid the debt under the loan agreement in several payments, then the interest on the loan would be paid off first, then the body of the debt and after that (if the debt was repaid) the interest under Article 395 of the Civil Code of the Russian Federation.

The clause of the agreement contradicts the new wording of Art. 395 of the Civil Code of the Russian Federation

In practice, the question may arise how exactly to calculate interest if the relevant provisions of the agreement began to contradict the new version of Article 395 of the Civil Code of the Russian Federation. In this case, the court will determine what exactly the parties had in mind when concluding the contract.

The agreement may provide that the party is entitled to "calculate interest in accordance with Article 395 of the Civil Code of the Russian Federation at bank interest rates on deposits of individuals." However, Article 395 already contains other provisions. In this regard, the creditor may demand payment of interest for the period after August 1 at the key rate, since it is higher than the interest on deposits, and the clause of the agreement directly indicates the application of Article 395 of the Civil Code of the Russian Federation. And the debtor may insist on the application of rates on deposits, since they are lower and the clause of the contract allows them to be taken into account.

In this situation, the court will most likely take the side of the debtor, since Article 395 of the Civil Code of the Russian Federation allows the parties to establish a specific amount of interest in the contract. The debtor can refer to the fact that the parties did this: they did not just refer to the article, but indicated in the contract a specific amount of interest.

Moreover, the parties provided a reference to Article 395 of the Civil Code of the Russian Federation to confirm that they mean exactly the rates on deposits that were previously provided for by this article. The true will of the parties at the time of the conclusion of the contract was to settle the issue of interest calculation by the norm of the law in force at that time.

When the court cannot interpret the contract from the literal meaning of its terms, it must find out the real will of the parties when concluding the contract (see 431 of the Civil Code of the Russian Federation,).

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 incurred

Note

You have chosen the due date before June 1, 2015.
In this case, some judges apply dated 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 arises.

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

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

Explanation of debt calculations for 30-day months

Decree 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 money"

• choose 30 day settlement, if the case is pending before 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 this 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 a few days to the period for calculating the debt, and therefore money.

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

Calculation of the penalty for periodic payments

It is important to note that when calculating interest for periodic payments (for example, rent), the amount of interest for using other people'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 amount of rent is 20,000 per month, payment must be made before the 10th day of each month. If the tenant paid for the first month, but did not pay for the rest, then the interest will be calculated for the following periods:

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

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

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

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

five). 20,000 rubles, the delay period is from 06/11/2017 to 09/30/2017.

As a result, each payment will have its own amount of interest for the use of other people's money, and if you add all these amounts, you get the final amount of interest for the use of other people's money.

Calculation of interest without a specified repayment period

Sometimes there are situations in life when no date or time specified fulfillment of a monetary obligation, that is, the period for the return of money is not defined. In this case, you should be guided by the law. For example, if the receipt only indicates that one person received money from another in debt in the amount of 100,000 rubles. In this case, the refund period is not specified, which means that it is necessary to apply the law (part 1 of article 810 of the Civil Code of the Russian Federation):

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

Penalty for self-determined interest (Contractual Penalty)

The current legislation allows self-determination of interest by 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 from the amount that has not been returned, then this amount 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 late payment of wages, a different amount of interest is applied (see the calculator for calculating the percentage of wage arrears), since in this case not civil, but labor law norms apply.

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

Conclusion on the calculator

It must be understood that for civil law (all kinds of contracts, for example, a loan, sale, lease, supply, provision of services, etc.), the norms of the Civil Code of the Russian Federation (Article 395 of the Civil Code of the Russian Federation or a contractual penalty, the amount of which is indicated in the contract itself) apply ), for labor relations - the norms of the Labor Code of the Russian Federation (Article 236 of the Labor Code of the Russian Federation). When it comes to consumer protection, the Consumer Protection Act applies.

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

If you gave someone a loan by issuing it with a receipt or a loan agreement, and everyone does not return the debt, then you can go to court to protect your rights.

1. Place of filing a 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 brought at the location of the branch of Art. 29 of the Code of Civil Procedure of the Russian Federation).

2. Which court should I apply to?

It is necessary to distinguish between the jurisdiction in which court to file a claim: justice of the peace 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 justice of the peace(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 claim for the recovery of moral damage, then the claim is filed with the district court.

3. Drawing up a statement of claim.

To apply to the court, you need to make a statement of claim. It describes in detail all the circumstances of what happened, in addition, the exact amount that you are asking to recover is indicated.

For example, if you have lent 40,000 rubles, but 5,000 rubles. You have already been returned, then the claims will be for the return of 35,000 rubles and interest for the use of other people's money, etc.

The amount of the claim in this case does not include the amount of court costs (state duty, legal assistance). That is, if a claim is made for the recovery of state duty from the defendant, then this amount is not included in the price of the claim.

For example, if the plaintiff asks to recover the amount of the debt of 35,000 rubles, 9,000 rubles interest for the use of other people's money and legal expenses 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, receipts and other documents, it is mandatory provide interest calculation.

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

When calculating interest, it is important to take into account that the interest for using other people's money can be established by agreement.

If there is no such condition in the contract 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 with the calculator on the page of which you are located.

If a specific percentage is specified in the contract or receipt, then it 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 a statement of claim to the court - original receipt required.

The calculation of the state duty is made in accordance with the tax code of the Russian Federation and directly depends on the value of the claim, as well as on the court in which the case is being considered (magistrate, district court, arbitration court).

6. Full 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. Applying to the court for debt collection

When the statement of claim is ready and all the documents are collected, you can apply to the court. The statement of claim can be filed directly with the court, and you will be marked with the acceptance of the claim on your copy of the claim. Or you can send by registered mail with a list of attachments.

After that, you will only have to wait for the court to notify you of the date of the trial.

Afterword

If the law "On the Protection of Consumer Rights" is violated, then the procedure for filing a claim is no different. The difference will be only 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 settlements under Art. 395 GK for dollars and euros?

Question No. 3 of the section "Clarifications 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. Based on what rate is determined the amount of interest paid for illegal 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 currency control, the use of foreign currency in settlements of obligations is allowed 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 a 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 illegal retention of funds, evasion of their return, other delay in their payment, interest on the amount of the debt is payable. The amount of interest is determined by the key rate of the Bank of Russia in force in the relevant periods. These rules apply unless a different amount of interest is established by law or by agreement.

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

At the same time, in accordance with the legislation on currency regulation and currency control, in certain cases, a monetary obligation may be expressed in foreign currency, and the use of foreign currency in the settlement of obligations may be allowed. Also, the monetary obligation itself may provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (paragraphs 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 the event of a delay in the fulfillment of a monetary obligation, the debt currency of which is a foreign currency, interest for illegal withholding of funds, evasion from their return, other delay in their payment are subject to calculation in foreign currency, since the purpose of paying the specified interest is the restoration of the property status of the creditor and compensation for income not received by him 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 by the Bank of Russia to provide short-term loans to commercial banks on an auction basis, the amount of interest paid for breach of a monetary obligation whose debt currency is a 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 "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 determined based on the latest published rate for each of the periods of delay.

When there are no such publications, the amount of interest to be collected is calculated on the basis of a certificate from one of the leading banks in 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 in a year and not 360?

Indeed, the Resolution of the Plenum of the Supreme Court of the Russian Federation N 13, the Plenum of the Supreme Arbitration Court of the Russian Federation N 14 dated 08.10.1998 (hereinafter referred to as Resolution N 13/14) stated:

When calculating annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year (month) is assumed to be 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 has been canceled Clause 84 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 No. 7

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

in rubles

Application start date	01.06 2015	15.06 2015	15.07 2015	17.08 2015	15.09 2015	15.10 2015	17.11 2015	15.12 2015	25.01 2016	19.02 2016	17.03 2016	15.04 2016	19.05 2016	16.06 2016	15.07 2016
federal district
Central	11,80	11,70	10,74	10,51	9,91	9,49	9,39	7,32	7,94	8,96	8,64	8,14	7,90	8,24	7,52
Northwestern	11,44	11,37	10,36	10,11	9,55	9,29	9,25	7,08	7,72	8,72	8,41	7,85	7,58	7,86	7,11
Southern	11,24	11,19	10,25	10,14	9,52	9,17	9,11	6,93	7,53	8,73	8,45	7,77	7,45	7,81	7,01
North Caucasian	10,46	10,70	9,64	9,49	9,00	8,72	8,73	6,34	7,01	8,23	7,98	7,32	7,05	7,40	6,66
Volga	11,15	11,16	10,14	10,12	9,59	9,24	9,15	7,07	7,57	8,69	8,29	7,76	7,53	7,82	7,10
Ural	11,27	11,14	10,12	9,96	9,50	9,09	9,20	7,44	7,89	8,57	8,44	7,92	7,74	7,89	7,15
Siberian	10,89	10,81	9,89	9,75	9,21	9,02	9,00	7,18	7,81	9,00	8,81	8,01	7,71	7,93	7,22
Far Eastern	11,20	11,18	10,40	10,00	9,71	9,46	9,26	7,64	8,06	8,69	8,60	8,01	7,62	7,99	7,43
Crimean	14,18	13,31	9,89	9,07	8,53	8,17	7,75	8,09	8,32	8,82	8,76	8,37	8,12	8,20	8,19

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

Application start date	01.06 2015	15.06 2015	15.07 2015	17.08 2015	15.09 2015	15.10 2015	17.11 2015	15.12 2015	25.01 2016	19.02 2016	17.03 2016	15.04 2016	19.05 2016	16.06 2016	15.07 2016
federal district
Central	5,40	4,40	4,02	3,03	2,55	2,24	2,23	1,92	1,90	1,79	1,66	1,65	1,65	1,44	1,29
Northwestern	5,48	4,09	3,62	2,73	2,25	1,77	1,90	1,65	1,52	1,61	1,70	1,42	1,59	1,27	1,12
Southern	4,91	3,75	3,35	2,67	2,27	1,95	1,59	1,57	1,52	1,68	1,48	1,38	1,37	1,23	1,18
North Caucasian	4,69	3,32	2,63	2,43	1,82	1,50	1,66	1,41	1,24	1,57	1,47	1,26	1,32	1,05	0,89
Volga	5,68	4,28	3,79	2,92	2,42	1,99	1,90	1,87	1,63	1,74	1,56	1,50	1,70	1,32	1,25
Ural	5,62	4,29	3,47	2,60	2,22	1,89	1,76	1,65	1,45	1,81	1,61	1,93	1,61	1,37	1,24
Siberian	5,34	4,00	3,80	2,51	2,28	1,67	1,78	1,73	1,58	1,72	1,59	1,92	1,58	1,37	1,74
Far Eastern	5,08	4,23	3,76	2,74	2,15	1,89	1,71	1,80	1,69	1,68	1,45	1,49	1,54	1,32	1,22
Crimean	4,43	3,93	2,80	2,42	2,67	2,46	2,08	1,78	2,39	2,02	1,99	1,58	1,79	1,77	1,93

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

Application start date	01.06 2015	15.06 2015	15.07 2015	17.08 2015	15.09 2015	15.10 2015	17.11 2015	15.12 2015	25.01 2016	19.02 2016	17.03 2016	15.04 2016	19.05 2016	16.06 2016	15.07 2016
federal district
Central	4,88	3,84	3,36	2,49	2,01	1,69	1,58	1,40	1,24	1,13	1,01	0,93	0,94	0,92	0,70
Northwestern	5,21	3,82	3,35	2,17	1,69	1,31	1,25	1,20	0,97	0,96	0,85	0,80	0,95	0,78	0,55
Southern	4,31	3,62	3,12	2,14	1,69	1,50	1,24	1,17	1,09	1,14	0,97	0,82	0,76	0,72	0,54
North Caucasian	4,22	2,80	2,24	1,55	1,27	1,09	1,24	0,94	0,72	0,86	0,85	0,77	0,69	0,66	0,46
Volga	4,87	3,65	3,62	2,47	2,10	1,63	1,59	1,35	1,21	1,04	1,00	0,87	0,95	0,83	0,59
Ural	5,39	3,83	3,28	2,09	1,79	1,31	1,40	1,31	1,11	1,16	1,01	1,16	0,92	0,74	0,51
Siberian	4,58	3,85	3,20	1,85	1,32	1,32	1,31	1,12	1,20	1,09	1,05	0,86	0,84	0,66	0,50
Far Eastern	4,37	4,36	3,21	2,02	1,73	1,67	1,51	1,36	1,37	1,20	1,11	0,90	0,84	0,86	0,78
Crimean	3,11	3,47	3,35	2,94	2,85	2,36	1,91	1,80	1,93	2,30	1,84	1,82	1,94	1,50	1,19