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INTEREST: ISSUES OF THEORY AND PRACTICE
Abstract
The ideas of interest existing today in the theory of civil law are described in this article. Two types of interest are defined: interest as "user fee" (Art. 317.1 of Civil Code of the Russian Federation) and interest as "responsibility for illegal use" (Art. 395 of Civil Code of the Russian Federation). The conclusion is that there is a distinction on the nature of these interests. Features of legal regulation of the interest charged as responsibility are considered. Peculiarities of legal regulation of interest charged according to Art. 317.1 of Civil Code of the Russian Federation as the "payment" established by law for interest are presented. Changes varied by the set of legal norms charging of interest according to Federal Law No. 42 dated 08.03.2015 "On amendments being made to the 1stpart of Civil Code of the Russian Federation"; problem situations in judicial practice connected with entry into legal force of this law are considered in the article. Special attention in the article is paid to the resolutions of the highest courts meeting lacks in legal regulation of interest.
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