RESOLUTION OF THE PLENUM OF THE SUPREME ARBIRTAZHNY COURT OF THE RUSSIAN FEDERATION

of December 22, 2011 No. 81

About some questions of application of Article 333 of the Civil code of the Russian Federation

Due to the questions arising in court practice connected using provisions of Article 333 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation, the Code), the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", decides to make to Arbitration Courts the following explanations.

1.   No. 7 is not applied according to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 24.03.2016.

2. By consideration of question of need of decrease in penalty according to the statement of defense based on article 333 Civil Code of the Russian Federation courts should recognize that non-execution or improper execution by the debtor of monetary commitment allows it to use others money illegally. As nobody has the right to take benefits from the illegal behavior, conditions of such use cannot be more profitable to the debtor, than conditions of use of the money received by participants of turnover legally (for example, according to credit agreements).

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