During diverse economic relations often have cases of unfair performance of obligations.One of the common mechanisms to sanction contractual relations is the application of appropriate penalties, which are the main types of penalties, fines and penalties.
Penalty, under current legislation, is a way to ensure commitment.In this sense, it manifests itself in such a way with the guarantee, surety, deposit the lien.Among the types of support obligations given the penalty is perhaps the most common method in economic practice.The definition of a penalty is given in the article.330 of the Civil Code, where it is treated as established by the legislation the amount of money payable by the debtor to the creditor for failure or improper performance of contractual obligations provided for.
fairly common difficulty is to calculate the penalty, taking into account the specific circumstances of non-fulfillment of contractual relationships.It is necessary to consider first of all the following.As a general rule, the calculation of the penalty shall be in accordance with the nature of the economic relations, which have been provided by the contract or that are regulated by the law, if the contract is missing or does not provide for specific sanctions for its improper performance.For example, for delay in execution of the order in the performance of services shall pay the penalty in accordance with the law, namely Art.23 of the RF Law "On Protection of Consumers' Rights.This rule provides that a penalty is paid at the rate of 1% of the price of the service for each day of delay.Accordingly, when you make a claim you must clearly indicate the date of commencement of delay in execution of the order and the date of its completion.
variety of forms of economic activity determines what forms of punishment and calculating the amount of the penalty and there are many.For example, the calculation of the penalty largest refinancing rate provides knowledge of this parameter, which is set by the Central Bank.At the moment in Russia's refinancing rate is 8% and reflects the interest rate at which loans.Using this option, you can calculate the penalty for a variety of types of contractual relationships.
For example, the calculation of the penalty under the loan agreement requires that the amount of interest equal to the penalty set for the moment the refinancing rate, if other terms are not defined in the treaty.It is necessary to take into account the fact that if the exact term of the loan is not written in the contract, the calculation is carried out based on the conditional acceptance of the number of days in the month to 30 and the number of days in the year equal to 360.
also the largest refinancing rate and the penalty is calculated on the loan.The formula by which the penalty will be determined by the percentage is as follows: H = CD x D x H PAGE where:
H - the value of the penalty, D - the number of days of delay, p - value of the refinancing rate.
When calculating penalties for taxes is used as a base value of the value of 1/300 of the refinancing rate.Accordingly, the formula becomes: H = SD x L x 1/300 x p.
In accordance with Civil Code st.424 penalty calculated under the supply agreement, the same leadership position in the calculation of penalties for the sale and purchase agreements.The peculiarity of this situation is that it does not require presentation of a claim to terminate the contract.To claim a penalty is sufficient documentary evidence that objectively show that you have notified the Executive to waive delivery.Such evidence may serve as a receipt for sending registered letters, telegrams and other messages.
