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

Occupation: Acting Head of the Sector the Civil and Entrepreneurial Law Department, Institute of State and Law, Russian Academy of Sciences; Scientific Supervisor of the Law Institute of the Belgorod State National Research University
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Moscow, Znamenka, 10

Vasily Laptev

Occupation: Chief researcher of the Civil and Entrepreneurial Law Department, Institute of State and Law, Russian Academy of Sciences; Professor of the Department of Entrepreneurial and Corporate Law, Kutafin Moscow State Law University (MSAL)
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Moscow, Znamenka, 10

Journal name

Gosudarstvo i pravo

Edition

Issue 12

Pages

78-85

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.

Keywords

forfeit, penalties, government contract, contract system, responsibility

Received

11.05.2022

Publication date

22.12.2022

Number of characters

35364

Cite

GOST	Gabov A., Laptev V. Penalty in the event of delay in the performance of obligations by the supplier in the Law on the contract system: regulation features // Gosudarstvo i pravo – 2022. – Issue 12 C. 78-85 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520020140-5-1 (circulation date: 20.04.2024). DOI: 10.31857/S102694520020140-5
MLA	Gabov, Andrey V, Laptev, Vasily "Penalty in the event of delay in the performance of obligations by the supplier in the Law on the contract system: regulation features." Gosudarstvo i pravo 12 (2022):78-85. DOI: 10.31857/S102694520020140-5
APA	Gabov A., Laptev V. (2022). Penalty in the event of delay in the performance of obligations by the supplier in the Law on the contract system: regulation features. Gosudarstvo i pravo (12), pp.78-85 DOI: 10.31857/S102694520020140-5

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