PRACTICAL PECULIARITIES OF INTEREST CALCULATION ON THE AMOUNT OF TENTATIVE PAYMENT

A standard claim work agenda is the question of finding a protection method in case of improper discharge of obligations. In the presence of tentative payment for goods in legal relations one of the legal mechanisms to motivate the counterparty to provide can be the interest calculation on the amount of the transferred advance payment. However, the literal interpretation of the norms regulating this mechanism (Art. 487«The Tentative Payment for Goods», Art. 395 «Responsibility for the Non-Discharge of the Pecuniary Obligation» of the Civil Code of the Russian Federation) does not allow to unambiguously answer the questions about the mentioned norms ration, the interest calculation period, the moment when the party has the right to the relevant recovery. The study purpose is to answer these questions. The article considers the legal nature of the provisions of the Civil Code of the Russian Federation on tentative payment and liability for non-discharge of the pecuniary obligations, analyzes the current practice of interest calculation on the tentative payment by arbitration courts. As a result of study of the legislation, a number of court cases and civilization science doctrine the author comes to the conclusion about the correlation of Art. 395 and Art. 487 of the Civil Code of the Russian Federation and formulates a position on the application  peculiarities of Par. 4 of Art. 487 of the Civil Code of the Russian Federation in modern legal realities.