Individual issues on the procedure for applying penalties in economic relations

Abstract

The article investigates certain issues about the procedure for the application of penalties in economic relations, in particular, the proposal for specifying the issues regarding the amount of collection of penalties for violation of economic obligations is substantiated, the monetary unit in which penalties for violation of economic obligations can be paid is clarified and the issue of timing is investigated application of penalties.
Examples of the sizes of penalties enshrined in the legislation are given and it is noted that, as a general rule, if the amount of penalties is not determined by law, then the sanctions for violation of the terms of the contract are applied in the amount stipulated by the economic contract.
It is specified that the subject of penalties in contracts with a foreign element is exclusively the amount of money, which can be determined and paid in foreign currency or, upon payment, transferred to the national currency (hryvnia) at the NBU rate established on the day the debt occurred. On the payment of the inflation index for the delay in the fulfillment of monetary obligations determined by the agreement in national or foreign currency, it can be noted that the payment of debt, taking into account the established inflation index, applies only to cases of delay in the fulfillment of a monetary obligation, which is determined by the agreement in the national currency hryvnia, and not in foreign currency.
The issue of the timing of the accrual of penalties and the limitation period for claims for their recovery is investigated, which is one of the problematic aspects in practice when applying penalties.
It was concluded that the establishment by law or agreement of the period for calculating interest, which is more or less than six months, does not affect the limitation period for claims for its application, which is one year and is calculated from the day when the creditor learned or could learn about the violation of his rights, and the beginning of the course of such a period cannot be changed by agreement of the parties.