How to calculate the percentage for using other people's money. Calculation of interest for the use of other people's money

Civil Code, N 51-FZ | Art. 395 of the Civil Code of the Russian Federation

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

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 by agreement.

2. If the losses caused to the creditor by the unlawful use of his in cash, 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 monetary obligation, the interest provided for by this article shall not be recoverable, unless otherwise provided by law or the contract.

5. Accrual of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled in the course of entrepreneurial activities by the parties, the use of compound interest is not allowed, unless otherwise provided by law or contract.

6. If the amount of interest payable is clearly disproportionate to the consequences of the breach of the obligation, the court, at the request of the debtor, has the right to reduce the interest provided for by the agreement, but not less than to the amount determined on the basis of the rate specified in paragraph 1 of this article.

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Commentary on Art. 395 of the Civil Code of the Russian Federation

Judicial practice under Article 395 of the Civil Code of the Russian Federation:

Decision of the Supreme Court: Ruling N 302-ES17-13872, Judicial Collegium for Economic Disputes, cassation
Having checked and corrected the calculation of the penalty presented by the company, the courts partially satisfied the claim, refusing to collect interest under Articles 317.1 and 395 of the Civil Code Russian Federation. The district court agreed with the findings of the trial and appellate courts...
Decision of the Supreme Court: Ruling N 305-ES17-10359, Judicial Collegium for Economic Disputes, cassation
The partnership filed a requirement to apply to the Security Service liability for failure to fulfill a monetary obligation in the form of recovery, according to the rules of paragraph 1 of Article 395 of the Civil Code of the Russian Federation, of interest for the use of other people's funds accrued on the amount of the debt incurred by the defendant to pay for maintenance and repairs common property for the period from January 2013 to November 2014...
Decision of the Supreme Court: Ruling N 309-ES17-7211, Judicial Collegium for Economic Disputes, cassation
The court of appeal, having checked the legality and validity of the decision within the limits of the arguments of the appeal, agreed with the conclusions of the court that there were no grounds for collecting interest accrued under Article 395 of the Civil Code of the Russian Federation. Repealing the judicial acts of the courts of the first and appeal instances, the district court indicated that the company is a debtor, which, on the basis of judicial acts, has a monetary civil law obligation, for the delay in the performance of which, in accordance with Article 395 of the Civil Code of the Russian Federation, interest can be accrued. Meanwhile, the district court did not take into account the following ...

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The formula for calculating interest according to 395 Art. Civil Code of the Russian Federation for the use of other people's money. The demand for the payment of interest cannot replace the demand for the recovery of income derived from property unjustly acquired in kind (clause 6 of the Review of the practice of resolving disputes related to the application of the rules on unjust enrichment, given in the Appendix to the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.01.2000 No. 49).

The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in court, the court may satisfy the creditor's claim, based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made.

The formula for calculating interest for the use of other people's funds follows from the provision of Article 395 of the Civil Code of the Russian Federation

Article 395. Liability for failure to fulfill a monetary obligation
(as amended by Federal Law No. 42-FZ of March 8, 2015, effective from June 1, 2015)
1. For the use of other people's funds as a result of their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds shall be paid. The amount of interest is determined by the average rates of bank interest on deposits existing at the place of residence of the creditor or, if the creditor is a legal entity, at its location, published by the Bank of Russia and taking place in the relevant periods individuals. These rules apply unless a different amount of interest is established by law or by agreement.
(Clause 1 as amended by Federal Law No. 42-FZ of March 8, 2015)

2. If the losses caused to the creditor by the unlawful use of his monetary resources 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.

Interest formula

Interest Calculation Example:

Calculation of interest for the use of other people's money under Art. 395 of the Civil Code of the Russian Federation in calendar days

Calculation of interest for the use of other people's money under Art. 395 of the Civil Code of the Russian Federation at the rate of 30 days per month (360 days per year)

With a debt of 1,000 rubles. (Central federal district)
interest for the use of other people's money is:
— from 10/21/2015 to 10/31/2015 (11 days):

1,000 × 11 × 9.49% / 360 = 2.90 rubles

Calculation of interest on a monetary obligation under Art. 317.1 of the Civil Code of the Russian Federation

With a debt of 1,000 rubles. interest under Art. 317.1 of the Civil Code of the Russian Federation are:
— from 10/21/2015 to 10/31/2015 (11 days):

1,000 × 11 × 8.25% / 360 = 2.52 rubles

TOTAL: 2.90 + 2.52 = 5.42 rubles

When collecting interest under Article 395 of the Civil Code of the Russian Federation, it must be taken into account that:
interest for the use of other people's funds is not a type of penalty, however, the provisions of Article 333 of the Civil Code of the Russian Federation on reducing the penalty are applicable to them;
interest is accrued until the actual fulfillment of the obligation;
interest under Article 395 of the Civil Code of the Russian Federation is accrued not only within the framework of contractual obligations, but also within the framework of non-contractual ones, if they are of a monetary nature;
interest for the use of other people's funds in relation to losses is offset in nature: it is possible to recover the difference between the actual losses incurred and interest under Article 395 of the Civil Code of the Russian Federation.

How to correctly calculate interest under Art. 395 of the Civil Code of the Russian Federation

Question No. 1: For the purposes of calculating interest under Art. 395 of the Civil Code of the Russian Federation indicate the amount of debt with or without VAT? Answer: The amount of debt must be indicated with VAT. This legal position was formed in the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 22, 2009 No. 5451/09 in case N A50-6981 / 2008-G-10.

Question number 2: Does the day of payment of funds be included in the period of delay?

Answer: The day of payment of funds is included in the period of delay in the fulfillment of a monetary obligation. This legal position was formed in the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 28, 2014 N 13222/13 in case N A40-107594 / 12-47-1003.

Question number 3: Should the period of delay be determined on the basis of 30 days per month and 360 days per year, or in calendar days?

Answer: In judicial practice, both of these approaches are found.

Legal justification for determining the delay period at the rate of 30 days per month and 360 days per year:
In paragraph 2 of the joint resolution of the Plenum Supreme Court RF N 13, Plenum of the Supreme Arbitration Court of the Russian Federation N 14 dated 08.10.1998 (hereinafter - Resolution N 13/14) states:
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.
In this regard, the period of delay should be determined on the basis of 30 days per month and 360 days per year (the so-called "effective days").
Examples of judicial practice with this approach: Decree 7ААС dated July 30, 2012 in case N А45-5943/2012.

Legal justification for determining the delay period in calendar days:
According to paragraph 3 of Article 395 of the Civil Code of the Russian Federation, interest for the use of other people'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 calculation of interest by law, other legal acts or an agreement.
Within the meaning of this provision, interest is accrued for each day of delay, the calculation takes into account the actual calendar days of the debtor's use of the creditor's funds.
In accordance with paragraph 2 of Resolution No. 13/14, 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 to be 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business practices.
The named paragraph of the resolution determines how the annual interest for the use of other people's funds should be calculated, and does not establish the procedure for calculating the period of delay in payment.
Interest for late payment is calculated according to the following formula:
the amount owed is divided by the average value for days in a year (360), multiplied by the number of days past due, and multiplied by the appropriate interest rate published by the Bank of Russia.
Examples of judicial practice with this approach: Determinations of the Supreme Arbitration Court of the Russian Federation dated May 24, 2013 N VAC-5844/13 in case N A68-4927 / 2012, dated May 28, 2010 N VAC-6181/10 in case N A26-6947 / 2009, p. 9 Recommendations of the Scientific Advisory Council at the Arbitration Court of the North-Western District following the meeting on December 12, 2014 (http://fasszo.arbitr.ru/welcome/show/633200024/374), Resolution of the Federal Antimonopoly Service of the Volga District dated June 20, 2014 on the case N A55-8972 / 2013, dated 07/30/2013 in case N A55-27471 / 2012, Resolution of the FAS of the Central District of 05/29/12 in case N A23-1169 / 2011, Resolution of the FAS of the Moscow District of 06/01/11 in case N A40- 96152 / 10-13-472, dated 07/19/10 in case N A40-114858 / 09-20-953.

Question #4: If the deadline has expired limitation period on the principal debt, whether the limitation period for the collection of interest accrued in accordance with the rules of Art. 395 of the Civil Code of the Russian Federation for the amount of the principal debt?

Answer: no, it does not expire. The limitation period for claiming interest under Art. 395 of the Civil Code of the Russian Federation is calculated separately for each overdue payment, determined in relation to each day of delay. This legal position is formed in paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 N 43, Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 5, 2013 N 13374/12 in case N A55-19316 / 2011, of June 1, 2010 N 1861/10 in the case N A31-238/2009.
Example:
- 07/01/2011 - the beginning of the period of delay in the payment of the principal debt.
- 09/30/2015 - the date of filing a claim for the collection of interest under Art. 395 of the Civil Code of the Russian Federation for the amount of the principal debt.
- The statute of limitations (according to general rule): 3 years (Article 196 of the Civil Code of the Russian Federation)
— Thus, the limitation period has not expired in respect of interest accrued on the principal amount for the period of delay from 01.10.2012 (defined as the date of filing a claim minus the limitation period).

It happens that the receipt (or contract) provides for interest on the use of the loan, but it happens that it is not provided. In any case, the collection of interest on a receipt (loan agreement) is possible, even if you did not agree on interest with the borrower. Since Russian legislation, by default, provides for the paid use of other people's money. So how do you calculate the interest on a loan?

The calculation of interest on a receipt for the use of funds is as follows:

If the receipt (loan agreement) does not provide for interest, then the amount of interest for using your funds is equal to the refinancing rate of the Central Bank of the Russian Federation valid for the period of your loan. You can always find out how much its rate is on the Internet by typing in the search bar the phrase "What is the refinancing rate of the Central Bank of the Russian Federation." From September 14, 2012 to the present (summer 2014), it is 8.25%.

As of today (May 26, 2017), the refinancing rate is 9.25%. But I will not recalculate the examples below, because the meaning remains the same.

This provision is contained in Article 809 of the Civil Code of the Russian Federation:

Unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified in the agreement. In the absence of a clause on the amount of interest in the agreement, their amount is determined by the existing place of residence of the lender, and if the lender is a legal entity, at the place of its location, the bank interest rate (refinancing rate) on the day the borrower pays the amount of the debt or its corresponding part.
Unless otherwise agreed, interest is paid monthly until the date of repayment of the loan amount.
The loan agreement is assumed to be interest-free, unless it expressly provides otherwise, in cases where:
- the contract is concluded between citizens for an amount not exceeding fifty times the minimum wage established by law, and is not related to the implementation of entrepreneurial activities, at least by one of the parties;
- under the contract, the borrower is transferred not money, but other things defined by generic characteristics.
In the event of early repayment of the loan amount provided at interest in accordance with paragraph 2 of Article 810 of this Code, the lender has the right to receive interest from the borrower under the loan agreement, accrued inclusively up to the date of repayment of the loan amount in full or in part.

If the receipt provides for interest, then, of course, the calculation is based on the interest rate indicated in the receipt.

IMPORTANT:

A loan agreement is assumed to be interest-free, unless it expressly provides otherwise, in cases where the agreement is concluded between citizens for an amount not exceeding fifty times the minimum wage (SMIC) established by law, and is not related to the entrepreneurial activity of at least one of the parties; In January 2014, the minimum wage is 5554 rubles. Thus, the loan amount less than 277,700 rubles is considered interest-free if no interest was indicated in the receipt or agreement. This applies to Art. 809 of the Civil Code of the Russian Federation, that is, interest on the use of a loan. This has nothing to do with the violation of the loan repayment period (failure to fulfill a monetary obligation).

Another case is when there is a default on a monetary obligation.

The receipt or loan agreement may provide for interest for late repayment of the loan (failure to fulfill a monetary obligation), or may not be provided.

If interest is indicated in the contract or receipt, then it is necessary to calculate based on this interest rate.

If interest for late repayment of the debt is not provided, but the money is not returned to you, then we again resort to the refinancing rate of the Central Bank of the Russian Federation, which was mentioned above and calculate based on its size, effective on the day the claim is filed in court or on the day the decision is made ( you decide).

In other words, if the borrower fails to fulfill the monetary obligation, today you are entitled to an increase in the amount of your loan of 8.25% of the loan amount per year.

Article 395 of the Civil Code of the Russian Federation tells us this:

For the use of other people's funds as a result of their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds shall be paid. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in court, the court may satisfy the creditor's claim, based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different amount of interest is established by law or by agreement.
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.
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.

Loan interest calculator, for calculating interest for non-fulfillment of a financial obligation

Please use the calculator including VAT, because without VAT it is wrong. We have already thought a lot about this, argued, issued decisions of the Supreme Arbitration Court, and nevertheless decided that the calculation of the amount of debt for non-fulfillment of a monetary obligation should be considered with VAT.

Let's analyze the calculation of interest for using a loan in numbers:

For example, the loan amount is 300,000 (three hundred thousand) rubles at 8.25% per annum.

To do this, we first calculate how much in rubles is 1%, and then we multiply it all by 8.25.

We divide 300,000 rubles by 100% and we get that 1% = 3000 rubles.

Now 8.25% * 3000 rubles = 24750 rubles.

That is, 8.25% of 300,000 rubles is 24,750 rubles.

Thus, with such a loan and such an amount of interest, for using the loan per year, we can demand from the borrower + 24,750 rubles to the total amount of the debt.

If we divide 24,750 rubles by 12 months, we get that for one month the interest is 2,062.5 rubles.

Accumulation of interest for the use of the loan and the deadline for applying to the court.

Interest tends to accumulate over time. Therefore, this should be borne in mind. But at the same time, it must be remembered that three years after the non-repayment of the debt, the creditor loses the right to apply to the court for debt collection, since the statute of limitations for such cases is 3 years.

It happens that according to the receipt, interest is not provided, that is, according to the receipt, the borrower uses the money for free all the time of the loan. At the same time, the debt repayment period has passed, and the borrower does not return the money. Calculating percentages in this case is possible, given everything that I described above, but I will explain with an example:

Example.

On July 10, 2011, Savelyev borrowed 300,000 rubles from Bort without interest. Undertook to repay the debt on July 10, 2012.
July 10, 2012 came, but Savelyev did not return the money.
It was already May 15, 2013, Savelyev did not show up with the money, and Bort decided to collect the debt “in full” from Savelyev.
We calculate the interest for the use of funds:
Since no interest is provided on the receipt, we consider 8.25%.
We get that 8.25% of 300,000 rubles is 24,750 rubles a year, 2,062.5 rubles a month, or 68.75 rubles a day.
From July 10, 2011 to May 15, 2013, 2 years 9 months and 15 days have passed.
For the entire period of the loan from July 10, 2011 to May 15, 2013, Savelyev owes Bort 69,093.75 rubles for using the loan.

But he still overdue the return of the debt! That is, he committed non-fulfillment of a monetary obligation. We calculate interest for non-fulfillment of a monetary obligation:

There is also no interest charged on late loans. Therefore, we start again from 8.25%.
We remember that 8.25% of 300,000 rubles is 24,750 rubles a year, 2,062.5 rubles a month, or 68.75 rubles a day.
Loan delay from July 10, 2012 to May 15, 2013 - 1 year, 9 months and 15 days = 44343.75 rubles.

Simultaneous application of Art. 809 of the Civil Code of the Russian Federation and Art. 395 of the Civil Code of the Russian Federation.

If the receipt or loan agreement provides for interest for the use of funds, but does not provide for interest for non-fulfillment of a monetary obligation, then we consider, respectively: refinancing, which today is 8.25% of the loan amount.

There is an opinion among lawyers that when calculating interest and collecting the amount of debt, the use of both Article 395 and Article 809 of the Civil Code of the Russian Federation is not applicable, since this allows double liability for one violation (delay in repayment of the debt). But in reality, the interest provided for under Art. 809 of the Civil Code of the Russian Federation (for the use of money) are charged specifically for the use of money and are calculated until the moment the debt is repaid (and not until the moment when the loan should have been repaid), and the interest provided for in Article 395 of the Civil Code of the Russian Federation is for violation of the deadline for repaying the debt. After all, until the money is returned, you have to pay for their use (the regulatory obligation of the law). And for the delay in repayment of the debt, a separate additional sanction is provided (the protective duty of the law).

Rest assured.

The above paragraph is intended to protect you from the misunderstandings of the courts and others who often erroneously consider such application of the law to be double liability. The current vicious practice owes its erroneousness to the low qualification of plaintiffs who go to court to recover interest on a loan agreement and incorrectly interpret the norms of the law. In my legal practice, a firm conviction that I am right, coupled with a competent justification of my point of view, gave a positive result. True, for this it was necessary to appeal the court's decision to the Court of Appeal. But it was worth it.

If you think that the borrower has been wrong for a long time and is clearly abusing your patience, try to take action. Calculate how much your borrower's debt is already, remind him of this. Write him a letter with a warning that you intend to go to court, in general, remind him of yourself, let him not forget.

Although the refinancing rate has changed, which is happening due to state affairs otherwise, the entire debt collection procedure remains the same.

On this I, perhaps, will stop, and so it turned out much more than I planned. I hope I explained everything clearly.

We have described the entire process of collecting a debt on receipt in a step-by-step guide - from the first to the last step. You can get it for free.

Art. 395 of the Civil Code of the Russian Federation discloses the responsibility of a person for unlawful withholding or untimely repayment of a debt. Interest for the use of other people's money acts as a punishment for a person who has violated contractual obligations. This article is provided to eliminate illicit enrichment and protect the rights of all parties.

Before telling how to calculate the percentage for using other people's money, let's consider a number of definitions from the civil legislation of the country. Terminology will allow you to determine the rights and obligations of each party to the legal relationship.

Deciding on dates

First of all, it is worth deciding on the date of interest calculation. In accordance with Art. 191 of the Civil Code of the Russian Federation, the fee for the use of borrowed funds is accrued on the next day after the date of non-fulfillment of contractual obligations. For clarity, consider example.

The borrower Petrov V. M. borrowed 50 thousand rubles from Ivanov I. S. until December 31. The legal relations of the parties are supported by a promissory note. The procedure for calculating interest is not specified in the document. If Petrov does not return the money on December 31, then Ivanov can charge interest on the amount of the debt starting from January 1. In doing so, he must comply with Art. 191 of the Civil Code of the Russian Federation.

The next important parameter is the end date for the calculation of fees for the use of borrowed money. In accordance with the law, it is recognized as the date when the borrower has fully repaid its obligations to the second party to the transaction. Suppose, in this example, the borrower paid the entire amount of the debt on January 15th. Accordingly, the creditor has the right to demand payment for the use of his money from January 1 to January 15.

Debt repayment procedure

An important role in the calculation of interest for the use of other people's money is given to the procedure for repaying the debt. Let's single out two cases:

voluntary;
forced.

In the second case, the defaulter risks not only his property, but also additional costs, since if he loses in court, he must reimburse the state duty and other payments related to the court proceedings.

Interest

Separately, we will dwell on the amount of interest for untimely repayment of the debt. In accordance with paragraph 1 of Art. 395 of the Tax Code of the Russian Federation in the new edition, the fee is equal to the bank discount interest in a certain area on the date of default on debt obligations. At the same time, if an economic entity acts as a creditor, then the tariff established in the region where 70% or more of the enterprise's assets is located is taken into account.

Important! The civil law does not provide for the concept of "accounting percentage of credit institutions". In accordance with the Decree of the Supreme Court of the Russian Federation No. 6/8 dated July 1, 1996, the refinancing rate, fully regulated by the Bank of Russia, is applied instead.

This rate refers to the annual fee for loans granted by the Central Bank of the Russian Federation to commercial banking organizations. It is its size that affects the monetary policy in the country. If settlements between the parties were carried out in foreign currency, then instead of key rate the weighted average yield on bank deposits in foreign currency should be applied.

The default fee is equal to the refinancing rate on the date of default of the repayment period. In a judicial settlement of a conflict, both the rate on the day the claim is filed and the rate at the time the court decision is made can be applied. Most often, the fee is calculated on the date of applying to the judicial authorities with an official application.

Interest Calculation Algorithm

On our site you can use calculator to calculate interest on borrowed money.

Based on the Decree of the Supreme Arbitration Court of the Russian Federation No. 13/14 dated 10/08/1998, when calculating the fee for using other people's money, it is assumed by default that there are 360 days in a year, and 30 days in a month. When setting known values, the formula will take the following form:

Interest \u003d (Amount of debt * refinancing rate of the Bank of Russia * number of days of delay) / 36000,

where: 36000 is the value obtained by multiplying the number of days in the period by the value calculated for the share attributable to 1%.

Good to know! The Central Bank of the Russian Federation alone sets the refinancing rate. You can find out its value directly on the official website of the Bank of Russia. The corresponding section presents the dynamics of the rate over time. Actual information also provided on the website of the electronic reference and legal system "ConsultantPlus". It is enough to go to the main page and activate the "Bank of Russia discount rate" option.

To consolidate the theoretical foundations, we calculate the percentages according to the example described above. Suppose that the borrower voluntarily settled with the creditor, without the involvement of the judicial authorities. Behind reporting period Let's take 2016. As of January 1, 2016, the refinancing rate of the Central Bank of the Russian Federation was 11% per annum. Substitute the known values into the formula.

Interest \u003d (50,000 * 11% * 15 days) / 36,000 \u003d 229.17 rubles.

So, V. M. Petrov must transfer an additional 229.17 rubles to the creditor, since he violated his debt obligations. In the considered example, the value of the rate was assumed to be 11%, since on January 15 it did not change. When changing the refinancing rate, its value is taken on the date of repayment of obligations, that is, in our example, on January 15th.

Features of collecting interest through the court

In fact, to receive payment for breach of contractual obligations under similar
transactions are not easy, since it is required to prove the fact of using the money to the court and the lost profit that arose from the plaintiff (creditor). When litigating a conflict, the following basic rules should be kept in mind:

The creditor may demand the payment of interest only if the object of legal relations was monetary funds. If one party provided property to the other, then in case of violation of contractual obligations, the fee is not charged.
The plaintiff must prove that the defendant used his money illegally. This means that legal relations must be documented.
In the untimely return of money to the creditor, intentional intent must be traced. In addition, there should not be a fact of preventing the return of the debt on the part of the plaintiff.

Judicial practice shows that most often the plaintiff goes to court to recover interest if services are not provided under the concluded contract and the money (advance payment) is not returned on time. In this case, the fact of illegal enrichment and failure to fulfill obligations to the counterparty is clearly traced.

Another case is debt obligations between individuals. It is possible to go to court if the transfer of money is documented (contract, receipt). If the debt is not returned on time, then this is a reason for calculating the fee for the illegal use of funds.

Also, the accrual of interest may be required in case of non-execution of a court decision on reimbursement of funds to a third party. Suppose there is a decision of the judicial authorities that the defendant must pay the plaintiff a certain amount as compensation for causing moral or material harm. If the settlement period between the parties is violated, the plaintiff may apply again to the court to recover interest on the untimely returned compensation.

How to file a claim?

The claim is filed in the magistrate or district courts.

The creditor can apply to the first instance only if the amount of claims does not exceed 50 thousand rubles.

It is important to understand that the described case is not suitable for the return of interest on a commercial loan. This area is regulated by art. 809 of the Civil Code of the Russian Federation and there is a separate judicial practice for it.

The claim must state:

amount of claims;
the provisions of the current legislation violated by the plaintiff;
essence of the statement;
percentage calculation.

The legal process can take a long time. If the injured party wants the interest to be paid for the period of the trial, then it must recalculate them before each meeting. You must report the new amount of debt through a petition.

In case of a positive decision on the claim, the losing party will be asked to voluntarily refund the money to the claimant within a certain period of time. If there is no action on his part, then the court decision will be transferred to the bailiffs, who will initiate enforcement proceedings. The debt will be returned at the expense of the personal money of the unscrupulous borrower or his property.

When is it impossible to collect interest?

In practice, there are 3 cases when it is impossible to collect interest from a defaulter. First, it is an exchange of property, not money. In accordance with civil law, payment for the use of another's property is not charged even if its nominal value is known.

Secondly, if the amount under the contract was not intended for payment. Exemption from interest is possible if the person who violated the contractual relationship could not objectively use the creditor's money. For example: the transfer of money is the responsibility of the carrier, who did not hand it over to deadlines etc.

This also includes the untimely processing of a payment order for transferring money to a creditor by a bank serving the debtor. This is possible in case of technical failures or lack of money on the settlement account of an economic entity in the required amount.

Thus, civil law protects the rights of the creditor and allows you to punish the defaulter. It does not matter whether the first party suffered losses due to late receipt of its own funds. The methodology discussed above will be applied in 2017.