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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION, PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 8, 1998 No. 13/14

About practice of application of regulations of the Civil code of the Russian Federation on interest for using others money

(as amended on 24-03-2016)

For the purpose of ensuring the correct and uniform application by courts of law, Arbitration Courts (further - courts) regulations of the Civil code of the Russian Federation on interest for using others money, and also considering that courts had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide to make the following explanations.

1. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

2. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

3. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

4. Percent, stipulated in Item 1 article 395 of the Code, by the nature differ from the percent which are subject to payment for use of the money provided according to the loan agreement (article 809 of the Code), the credit agreement (article 819 of the Code) or as commercial credit (article 823 of the Code). Therefore in case of the dispute resolution about collection of annual interest rates the court shall determine whether the claimant of interest payment for use of the money provided as loan or commercial credit requires, or the being of the requirement constitutes use of responsibility for non-execution or delay of execution of monetary commitment (article 395 of the Code).

5. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

6. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

7. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

8. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

9. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

10. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

11. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.

12. According to article 823 of the Code the civil obligations providing delay or payment by installments of payment of goods, works or services, and also provision of money in the form of advance payment or advance payment belong to commercial credit.

If other is not provided by rules about the agreement from which there was the corresponding obligation, and does not contradict being of such obligation, regulations about the loan agreement (Item 2 of article 823 of the Code) are applied to commercial credit.

The percent levied for use of commercial credit (including advance amounts, advance payment), are payment for use of money. In case of absence in the law or the agreement of conditions on the size and payment procedure of interest for using commercial credit courts should be guided by regulations of article 809 of the Code.

Interest for using commercial credit are subject to payment since the moment defined by the law or the agreement. If by the law or the agreement this moment is not defined, it is necessary to recognize that such obligation arises from the moment of goods receipt, works or services (in case of payment deferral) or from the moment of provision of money (in case of advance payment or advance payment) and stops in case of execution by the party which obtained the credit, the obligations or in case of return received as commercial credit if other is not provided by the law or the agreement.

According to Item 3 of article 809 of the Code the commercial credit is supposed interest-free if other is directly not provided in it, in cases when the agreement is signed between citizens on the amount which is not exceeding the fiftyfold minimum wage established by the law and is not connected with implementation of business activity at least by one of the parties.

13. Based on item 4 of article 487 of the Code in case the seller does not fulfill duty on transfer of prepaid goods and other is not provided by the purchase and sale agreement, on advance payment amount percent according to article 395 of the Code from the date of when under the agreement transfer of goods be made, about day of transfer of goods to the buyer or return of the amount which is previously paid to them to it are subject to payment.

The obligation of the seller can be provided by the agreement to pay percent on advance payment amount from the date of receipt of this amount from the buyer before day of transfer of goods or return of money by the seller in case of refusal of the buyer of goods. In this case percent are levied as payment for the granted commercial credit (article 823 of the Code).

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