Interest according to Art. 317.1 and Art. 395 of the Civil Code of the Russian Federation

Establishment of statutory interest by the Civil Code of the Russian Federation has risen many questions concerning its application and correlation with interest on monetary obligation. The author states that the main difference between specified kinds of interests is their legal nature, which predetermines particularities of their application. The study is based on formal judicial and comparative analyze of civil legislation, doctrine and courts practice. Essential part of the research is dedicated to the development of scientific approaches in order to asses the interest on monetary obligation, which was qualified as a form of civil liability by some lawyers and as a reward for usage of money by others. Although, this problem has already been solved by judicial practice in favor of the first concept, these doctrine views remain topical for current regulation as with establishment of statutory interest, which represent a fee for usage of capital, both of these contradictory theories have found reflection in current legislation. The author also examines conditions of interest application, which deviate in accordance to its legal nature. The most important particularities, which are going to be outlined, cover possibility of their mutual application, range of relationships interest apply to, method of calculation and moment from which interest is charged.