Calculation of interest on 395 after 01.06. How to calculate interest according to Article 395 of the Civil Code of the Russian Federation (new rules). Task Data
For calculation on a calculator in accordance with Art. 395 of the Civil Code of debt or forfeit, the rules for calculating interest are used, established by the versions of Article 395 of the Civil Code of the Russian Federation, in force for the corresponding calendar period.
In cases of evasion on the part of the debtor from the return of funds, or their unlawful withholding, as well as other delays in their payment, in accordance with, interest is charged and paid on the amount of the debt.
Unless other rates are provided for by the contract, then, depending on the period of debt, interest for the use of other people's in cash calculated:
from August 1, 2016 - at the key rate of the Central Bank Russian Federation in force during the relevant periods.
In accordance with Article 395 of the Civil Code of the Russian Federation, in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The interest rate is determined the key rate of the Bank of Russia in force in the relevant periods.
from June 1, 2015 to July 31, 2016 inclusive - at average bank interest rates on deposits individuals published by the Bank of Russia at the place of residence (for legal entities - location) of the creditor;
In accordance with the amendments made to Article 395 of the Civil Code of the Russian Federation federal law No. dated 03/08/2015, for the use of other people's funds due to 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 is payable. The amount of interest is determined by existing in the place of residence of the creditor or, if the creditor is entity, at its location, published by the Bank of Russia and taking place in the relevant periods average bank interest rates on deposits of individuals. To calculate interest, it is necessary to proceed from bank interest rates on short-term deposits of individuals in the relevant currency. If the average rate in rubles or foreign currency for a certain period is not published, the amount of interest to be collected is determined based on the latest published rate for each of the periods of delay.
In accordance with the wording of paragraph 1 of Article 395 of the Civil Code of the Russian Federation, which was in force until June 1, 2015, the amount of interest is determined by the bank interest rate existing at the place of residence of the creditor (for legal entities - location), the discount rate of bank interest on the date of fulfillment of the monetary obligation or its corresponding part or, when recovering a debt in court, on the day the claim is filed or on the day the decision is made.
In accordance with the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation N 13 and the Plenum of the Supreme Arbitration Court of the Russian Federation N 14 of 08.10.1998, the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation N 6 and the Plenum of the Supreme Arbitration Court of the Russian Federation N 8 of 07/01/1996, the discount rate is understood as the single discount rate of the Bank of Russia for credit resources, provided to commercial banks (refinancing rate).
For the convenience of persons interested in the calculation of 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 funds, in which interest rates change automatically. Now, in order to correctly calculate the amount of interest, you will only need to enter the amount of debt, the period of delay and the location of the creditor. Using the calculator on the website of the Lex Group of Law Companies, you can be sure that interest is calculated correctly according to the refinancing rate of the Central Bank of the Russian Federation. Rates and calculator formulas for online calculation are updated in a timely manner.
When collecting interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to bear in mind the following.
If your counterparty does not pay the debt, you have the opportunity to recover from him, in addition to the principal debt, a penalty for violation of payment terms. However, the possibility of recovery and the amount of the penalty are not always determined by the contract. Moreover, the parties may generally be in non-contractual relations, if, for example, we are talking about unjust enrichment. Is it possible to apply any other penalties to the debtor?
The answer to this question is contained in Article 395 of the Civil Code of the Russian Federation, according to which the creditor has the right to collect from the debtor, in addition to the principal debt, interest for the use of other people's funds.
At the same time, it is important for the creditor to take into account that interest for the use of other people's funds can be collected up to the day the debt is actually paid. In case of recovery of interest in court, the creditor has the right to file a claim for the recovery of interest in a fixed amount of money calculated on the day of the decision, as well as interest for the period from the day following the day of the decision to the day the debt is actually paid. Moreover, the recovery of a contractual penalty and interest for the use of other people's funds for the same period is unacceptable.
The amount of interest is determined by the average rates of bank interest on deposits of individuals 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.
It should also be noted that such a rule for calculating interest for the use of other people's funds is valid only from 06/01/2015. Until that time, the amount of interest was 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 its location.
Thus, we draw your attention to the fact that at present the calculation of interest under Article 395 of the Civil Code of the Russian Federation has become much more complicated. In order to calculate the amount of interest, it is necessary to take the average bank interest rates on deposits of individuals separately for different federal districts. It should also be taken into account that the rates change at least once a month, therefore, the lender needs to constantly monitor in order to determine what interest rate should be applied in a particular period of delay.
The interest calculator for using other people's money will help you easily calculate the amount of interest on any debt for anyperiod. How to use it, you will learn from this article.
Today there are several varieties of calculators with which you can calculate the interest for using other people's money. It should be understood that none of them is able to make an automatic calculation in the event of a changing rate during the delay period, that is, the delay time intervals and the corresponding bank rate in any calculator will have to be entered independently. However, this is not difficult at all, and we will further explain the subtleties of the calculation to you using an example.
Time is money. The longer the delay, the greater the amount of interest “drops”
Instructions for calculating interest for using other people's money using a calculator
Next, you need to select one of the fields - "Period of using someone else's funds" or "Number of days of using someone else's money". In the first of these fields, enter the start and end dates of the delay period, in the second - the number of days of delay.
From 06/01/2015, in calculating interest for the use of other people's funds, not the refinancing rate of the Bank of Russia is used, as it was before, but the average bank interest rate on deposits of individuals at the location of the creditor company or at the place of residence of the creditor citizen. Thus, for periods of delay until 06/01/2015, the refinancing rate should, as before, be applied, and from 06/01/2015 - the average rate. Both rates are indicated in this article below in the tables.
An example of calculating interest for using other people's money
Let's calculate the amount of interest on the 200,000 rubles owed to a resident of Moscow. The delay period is from 07/15/2012 to 06/13/2015.
The first thing we should do is to see if the bank rate has changed over this period. We look at the tables - and we see that the rate changed three times: from July 15, 2012 to September 13, 2012, the refinancing rate was 8%, from September 14, 2012 to May 31, 2015 - 8.25%, but for the period from 06/01/2015 to 06/13/2015, it is already necessary to take the average rate instead of the refinancing rate. For the central district, to which Moscow belongs, it is 11.8%.
Thus, we have three periods, for each of which we need to calculate the amount of interest. We enter into the calculator form the amount of debt, the bank rate, the start and end dates of each of the three periods of delay. We get the percentages:
- for the period from July 15, 2012 to September 13, 2012 - 2,711.11 rubles,
- for the period from September 14, 2012 to May 31, 2015 - 45,375 rubles,
- for the period from 06/01/2015 to 06/13/2015 - 852.22 rubles.
In total, we get the amount of interest for using other people's money 48,938.33 rubles.
Average bank interest rate on deposits of individuals in rubles
| Application start date | 25.01.2016 | 19.02.2016 | 17.03.2016 | 15.04.2016 | 19.05.2016 | 16.06.2016 | from 07/15/2016 to 07/31/2016 |
| federal district | |||||||
| 7,94 | 8,96 | 8,64 | 8,14 | 7,90 | 8,24 | 7,52 | |
| 7,72 | 8,72 | 8,41 | 7,85 | 7,58 | 7,86 | 7,11 | |
| Southern Federal District | 7,53 | 8,73 | 8,45 | 7,77 | 7,45 | 7,81 | 7,01 |
| 7,01 | 8,23 | 7,98 | 7,32 | 7,05 | 7,40 | 6,66 | |
| 7,57 | 8,69 | 8,29 | 7,76 | 7,53 | 7,82 | 7,10 | |
| Ural federal district | 7,89 | 8,57 | 8,44 | 7,92 | 7,74 | 7,89 | 7,15 |
| Siberian Federal District | 7,81 | 9,00 | 8,81 | 8,01 | 7,71 | 7,93 | 7,22 |
| 8,06 | 8,69 | 8,60 | 8,01 | 7,62 | 7,99 | 7,43 | |
| Crimean Federal District | 8,32 | 8,82 | 8,76 | 8,37 | 8,12 | 8,20 | 8,19 |
| 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 |
| federal district | ||||||||
| Central Federal District | 11,80 | 11,70 | 10,74 | 10,51 | 9,91 | 9,49 | 9,39 | 7,32 |
| Northwestern Federal District | 11,44 | 11,37 | 10,36 | 10,11 | 9,55 | 9,29 | 9,25 | 7,08 |
| Southern Federal District | 11,24 | 11,19 | 10,25 | 10,14 | 9,52 | 9,17 | 9,11 | 6,93 |
| North Caucasian Federal District | 10,46 | 10,70 | 9,64 | 9,49 | 9,00 | 8,72 | 8,73 | 6,34 |
| Volga Federal District | 11,15 | 11,16 | 10,14 | 10,12 | 9,59 | 9,24 | 9,15 | 7,07 |
| Ural federal district | 11,27 | 11,14 | 10,12 | 9,96 | 9,50 | 9,09 | 9,20 | 7,44 |
| Siberian Federal District | 10,89 | 10,81 | 9,89 | 9,75 | 9,21 | 9,02 | 9,00 | 7,18 |
| Far Eastern Federal District | 11,20 | 11,18 | 10,40 | 10,00 | 9,71 | 9,46 | 9,26 | 7,64 |
| Crimean Federal District | 14,18 | 13,31 | 9,89 | 9,07 | 8,53 | 8,17 | 7,75 | 8,09 |
Full information on the current rates can be found on the website of the Bank of Russia - see the section " Information on average bank interest rates on deposits of individuals in rubles, US dollars and euros for the purposes of applying Art. 395 of the Civil Code of the Russian Federation.
Refinancing rate
| September 14, 2012 - December 31, 2015 | 8,25 |
| December 26, 2011 - September 13, 2012 | 8 |
| May 3, 2011 - December 25, 2011 | 8,25 |
| February 28, 2011 - May 2, 2011 | 8 |
| June 1, 2010 - February 27, 2011 | 7,75 |
| April 30, 2010 - May 31, 2010 | 8 |
| March 29, 2010 - April 29, 2010 | 8,25 |
| February 24, 2010 - March 28, 2010 | 8,5 |
| December 28, 2009 - February 23, 2010 | 8,75 |
| November 25, 2009 - December 27, 2009 | 9 |
| October 30, 2009 - November 24, 2009 | 9,5 |
| September 30, 2009 - October 29, 2009 | 10 |
| September 15, 2009 - September 29, 2009 | 10,5 |
| August 10, 2009 - September 14, 2009 | 10,75 |
| July 13, 2009 - August 9, 2009 | 11 |
| June 5, 2009 - July 12, 2009 | 11,5 |
| May 14, 2009 - June 4, 2009 | 12 |
| April 24, 2009 - May 13, 2009 | 12,5 |
| December 1, 2008 - April 23, 2009 | 13 |
| November 12, 2008 - November 30, 2008 | 12 |
| July 14, 2008 - November 11, 2008 | 11 |
| June 10, 2008 - July 13, 2008 | 10,75 |
| April 29, 2008 - June 9, 2008 | 10,5 |
| February 4, 2008 - April 28, 2008 | 10,25 |
| June 19, 2007 - February 3, 2008 | 10 |
| January 29, 2007 - June 18, 2007 | 10,5 |
| October 23, 2006 - January 28, 2007 | 11 |
| June 26, 2006 - October 22, 2006 | 11,5 |
| December 26, 2005 - June 25, 2006 | 12 |
| June 15, 2004 - December 25, 2005 | 13 |
| January 15, 2004 - June 14, 2004 | 14 |
| June 21, 2003 – January 14, 2004 | 16 |
| February 17, 2003 - June 20, 2003 | 18 |
| August 7, 2002 - February 16, 2003 | 21 |
| April 9, 2002 - August 6, 2002 | 23 |
| November 4, 2000 - April 8, 2002 | 25 |
| July 10, 2000 - November 3, 2000 | 28 |
| March 21, 2000 - July 9, 2000 | 33 |
| March 7, 2000 - March 20, 2000 | 38 |
| January 24, 2000 - March 6, 2000 | 45 |
| June 10, 1999 - January 23, 2000 | 55 |
| July 24, 1998 – June 9, 1999 | 60 |
| June 29, 1998 - July 23, 1998 | 80 |
| June 5, 1998 - June 28, 1998 | 60 |
| May 27, 1998 – June 4, 1998 | 150 |
| May 19, 1998 – May 26, 1998 | 50 |
| March 16, 1998 - May 18, 1998 | 30 |
| March 2, 1998 – March 15, 1998 | 36 |
| February 17, 1998 – March 1, 1998 | 39 |
| February 2, 1998 – February 16, 1998 | 42 |
| November 11, 1997 - February 1, 1998 | 28 |
| October 6, 1997 - November 10, 1997 | 21 |
| June 16, 1997 - October 5, 1997 | 24 |
| April 28, 1997 - June 15, 1997 | 36 |
| February 10, 1997 - April 27, 1997 | 42 |
| December 2, 1996 – February 9, 1997 | 48 |
| October 21, 1996 - December 1, 1996 | 60 |
| August 19, 1996 - October 20, 1996 | 80 |
| July 24, 1996 - August 18, 1996 | 110 |
| February 10, 1996 - July 23, 1996 | 120 |
| December 1, 1995 - February 9, 1996 | 160 |
| October 24, 1995 - November 30, 1995 | 170 |
| June 19, 1995 - October 23, 1995 | 180 |
| May 16, 1995 – June 18, 1995 | 195 |
| January 6, 1995 - May 15, 1995 | 200 |
| November 17, 1994 – January 5, 1995 | 180 |
| October 12, 1994 - November 16, 1994 | 170 |
| August 23, 1994 - October 11, 1994 | 130 |
| August 1, 1994 – August 22, 1994 | 150 |
| June 30, 1994 - July 31, 1994 | 155 |
| June 22, 1994 – June 29, 1994 | 170 |
| June 2, 1994 – June 21, 1994 | 185 |
| May 17, 1994 – June 1, 1994 | 200 |
| April 29, 1994 – May 16, 1994 | 205 |
| October 15, 1993 - April 28, 1994 | 210 |
| September 23, 1993 - October 14, 1993 | 180 |
| July 15, 1993 - September 22, 1993 | 170 |
| June 29, 1993 - July 14, 1993 | 140 |
| June 22, 1993 - June 28, 1993 | 120 |
| June 2, 1993 – June 21, 1993 | 110 |
| March 30, 1993 - June 1, 1993 | 100 |
| May 23, 1992 – March 29, 1993 | 80 |
| April 10, 1992 - May 22, 1992 | 50 |
| January 1, 1991 – April 9, 1992 | 20 |
Photo courtesy of Freedigitalphotos (imagerymajestic).
Since June 1 of this year, Art. 395 of the Civil Code of the Russian Federation. The content of this article is known, perhaps, to any lawyer who, one way or another, works in the private legal sphere. Before the changes, anyone could calculate them, even without a legal or economic education, it was enough to go to the website of any arbitration court and find an online calculator. Now, it will not be easy to calculate the percentages even for experienced lawyers. Why it happened and how to live on - we will tell in our material.
The first change is new interest rates which all of June none of the lawyers could find. It should be noted that the amendments to Art. 395 were not introduced at all in order to complicate the life of a lawyer and add work. It is based on caring for the injured participant in civil transactions, whose money they decided to misuse. Previously, interest was collected at the refinancing rate, but for several years now it has been only 8.25% per annum. Agree, such interest does not cover the real cost of using money at all. Therefore, we decided to use the average bank interest rates on deposits of individuals for calculations, assuming that such rates, although not by much, will, nevertheless, be higher than the refinancing rate.
When the law was still only published, all lawyers immediately began to search on the website of the Central Bank for these very average bank interest rates on deposits of individuals. However, nothing of the kind was found there, even after the entry into force of the law. And only on June 10, the press service of the Central Bank published the news that the Bank of Russia had begun publishing weighted average interest rates on borrowed credit organizations deposits of individuals in rubles by federal districts. This information, according to the press service, will be posted monthly in the "Interest rates and structure of loans and deposits by maturity" subsection of the "Statistics" section of the official website of the Bank of Russia. It would seem that the problem has been solved, but upon a detailed examination of this very section, where we were promised information on interest rates, it turned out that so far there is information only up to April of this year. And only a week ago they appeared special rates for the purposes of applying Art. 395 of the Civil Code of the Russian Federation for June - http://www.cbr.ru/statistics/?PrtId=int_rat . Moreover, the rate differs not only by federal districts, but also by periods. Approximate the average size this rate is about 11% per annum.
Second major change – in percentage order. If earlier it was possible to take a rate on the day a claim was filed or on the day a decision was made, now you will have to suffer, because you will have to count not at one single rate, but at the average rates that took place in the corresponding periods, which, it seems, will change every half a month. Recall how we used to calculate the interest, for example, on ten invoices. For each individual invoice, we calculated the interest separately. Now imagine that for each invoice, the debt has been past due for several months. It turns out that the same calculations will have to be made not only for each invoice, but also for each month (or even for each half of the month).
It is interesting to study the judicial practice in the June cases on the collection of interest (before the publication of rates). Yes, it is still too early to talk about some established judicial practice, but individual decisions on the collection of interest under Art. 395 for periods after June 1, 2015 already exist. Thus, the Arbitration Court of the Republic of Buryatia, by decision dated 06/08/2015 in case No. A10-1093 / 2015, refused to satisfy claims for the collection of interest for the period from 06/01/2015 to 06/08/2015 due to "lack of information and evidence about the average rates of banking interest on deposits of individuals for the specified period. Whether or not the decision is fair and lawful will be shown by a higher authority if the party decides to appeal the decision. Meanwhile, the Arbitration Court of the Udmurt Republic took a different position and collected interest that arose after June 1 as before - at the refinancing rate (see, for example, decisions of June 15, 2015 in cases No. A71-4097 / 2015 and No. A71-4225 / 2015). The Arbitration Court of the Moscow Region followed the same path (see the decision of June 29, 2015 in case No. A41-29350/15). We think this approach makes more sense. Indeed, so far, although interest has been collected already, including for June, but, as a rule, under contracts and other obligations that arose before the discussed changes came into force. This is quite consistent general principles actions of civil legislation in time.
However, it is already July, the financial condition of Russian entrepreneurs is not always stable, and the work of collecting debts and interest on contracts concluded in June can already be thrown at us. How are we going to count? I propose to study this issue on a practical example. Try to solve the following problem yourself - calculate the interest on just three invoices. And where it is clear how to count in threes, fifty-three are not terrible there (by the way, this is how it looks, and now imagine the same thing, but after June 1, 2015 - a great reason to increase pay rates for such work).
Data for the task:
There are three waybills for the delivery of goods. There was no agreement. Invoices partially paid. It is necessary to calculate the interest under Art. 395 of the Civil Code of the Russian Federation.
- No. 001 dated 06/01/2015 for 100,000 rubles. (paid in full on 06/10/15)
- No. 002 of 06/01/2015 for 150,000 rubles.
- No. 003 dated 06/01/2015 for 250,000 rubles. (paid in part, payment dated 06/20/15 for 100,000 rubles)
For example, let's take interest rates in the Ural Federal District:
- From 1 to 14 June - 11.27%
- From June 15 - 11.14%
Interest is calculated according to the formula:
Interest for the period = Amount owed * Days past due * Rate / 360
The period of debt was considered based on the data that in our case, the payment period was not specified, because. there are only invoices, but there is no separate contract
If the payment term is not specified, see clause 16 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of October 22, 1997 N 18
In the first invoice, the debtor paid it on June 15, and this day is included in the debt period (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 01.28.2014 N 13222/13 in case N A40-107594 / 12-47-1003)
Yulia Verbitskaya, Master of Private Law
Date added: 09.07.2015
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Russian Federation
CIVIL CODE OF THE RUSSIAN FEDERATION (PART 1)
Chapter 25. Liability for violation of obligations
Article 395 Liability for failure to fulfill a monetary obligation
For the use of other people's funds due to 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 of individuals 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. 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 dated March 8, 2015)
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 is charged on the day the amount of these funds is paid to the creditor, unless the law, other legal acts or the agreement does not establish a shorter period for calculating interest.
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 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)
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.
(Clause 5 was introduced by Federal Law No. 42-FZ of March 8, 2015)
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 by the agreement, but not less than to the amount determined on the basis of the rate specified in paragraph 1 of this article.
(Clause 6 was introduced by Federal Law No. 42-FZ of March 8, 2015)
Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation
No. 13/14 dated 08.10.1998
"On the practice of applying the Civil Code of the Russian Federation on interest for the use of other people's money"
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. Interest is accrued until the actual fulfillment of the monetary obligation, determined on the basis of the conditions on the procedure for payments, the form of settlements and the provisions of Article 316 of the Civil Code of the Russian Federation on the place of fulfillment of the monetary obligation, unless otherwise provided by law or by agreement of the parties.
