Penalty in the event of delay in the performance of obligations by the supplier in the Law on the contract system: regulation features

Abstract

Reformation in 2015 (Federal Law of March 8, 2015 No. 42-FZ “On Amendments to Part One of the Civil Code of the Russian Federation”) of the law of obligations (as part of the general reform of civil law) did not, unfortunately, significantly affect provisions on the penalty as a measure of legal liability for violation of obligations. And the point is not only that no significant changes were made to the Civil Code of the Russian Federation, the point is that over the past two decades the norms of special legislation have changed significantly, in particular on the contract system. An analysis of judicial practice shows the need to rethink many of the prevailing ideas about the forfeit. The proposed article examines the provisions of the current legislation on forfeit in the field of the contract system. An overview of the legal approaches formulated by the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation regarding the nature, procedure and amount of the calculation of the penalty for violation of contractual obligations is given; the features of the application of the relevant rates of the Bank of Russia and possible approaches to disputable situations are analyzed.