The penalty shall be the amount of money established by agreement or law, which shall be imputed to the debtor in case of improper performance or evasion of obligations. One of the most common cases of such payments is considered to be delay. Let us further consider how the collection of a legal penalty is carried out. 
general characteristics
A legal penalty is used to secure contractual obligations. Its widespread use in practice is primarily due to the fact that it acts as a convenient means of simplified compensation for creditor losses caused by the behavior of the debtor. Considering the penalty in this sense, we can distinguish its following features:
- The predetermined value of liability for breaches of obligations of which participants are aware at the time of the conclusion of the agreement.
- The possibility of collecting for the fact of improper performance or non-fulfillment of the contract. Moreover, the creditor does not need to prove the existence of damage caused by the unlawful behavior of the debtor.
- Opportunity for participants in legal relations at their own discretion to formulate the terms of the contract under which payment for violation can be imputed (the exception is a legal penalty). The size, as well as the ratio of damage, the calculation procedure may also be determined by the parties. Thus, the participants adapt it to specific conditions and enhance its targeted impact.
The amount of money may be calculated:
- As a percentage of the value of the contract or its unfulfilled part.
- A multiple of the amount of the improperly performed or completely unfulfilled obligation.
- In the form of a fixed amount.
Legal penalty: Civil Code of the Russian Federation
Traditionally, the law considers penalties and fines as a sum of money imputed to the debtor for violation of the terms of the contract. The latter is not distinguished by any specific features. A legal penalty in the form of a penalty has a number of features:
- It is established in case of delay in fulfilling the conditions.
- Calculation of a legal penalty in the form of a penalty is carried out as a percentage of the amount of obligations that have not been fulfilled on time.
- This sanction is ongoing. It is accrued for each day of delay of the outstanding obligation.
Regulatory requirements
As mentioned above, under the contract, the parties themselves can establish a penalty. The participants in a free, but not contrary to the rules form, determine the procedure and conditions for its accrual. According to the Civil Code, a legal penalty is established in accordance with stringent requirements. They are formulated in Art. 331. In particular, in accordance with the norm, a written agreement on the penalty must be drawn up regardless of the form of the main contract. If such a document is not drawn up, then the agreement on penalties will be invalid. 
Important point
The legal penalty applies regardless of whether the obligation to pay it is specified in the agreement between the parties. This provision is recorded in Art. 332 of the Code. However, it should be noted that its application depends on what kind of norm it is provided for. If a legal penalty is contained in an imperative provision, then it is subject to unconditional imputation. If an indication of it is present in the disposition, then it is applicable insofar as the participants did not provide for its other value.
Example
A legal penalty is provided for in paragraph 1 of paragraph 8 of the Decree of the Presidium of the Armed Forces and the Government of the Russian Federation. In this case, takes place dispositive norm. It contains provisions on urgent measures to improve settlements with the national economy and increase the responsibility of companies for their financial situation. In accordance with the norm, a fine of 0.5% / day is assigned in case of late payment for the delivered products. This legal penalty is applicable if a different size is not specified in the purchase or sale agreement or the delivery of goods for subsequent business activities. 
Amount Adjustment
The Code provides for a rule according to which the penalty may be changed by agreement of the parties in the direction of increase. This adjustment is allowed if it is not prohibited by law for this particular case. This provision is established in paragraph 2 of Article 332. As examples of the prohibition, the norms present in transport codes and charters can be cited. Their provisions do not allow the adjustment of established liability measures. For example, the prohibition is contained in Art. 126 UAT, Art. 143 
Sanctions reduction
The right to correct the penalty in this way is vested exclusively in the court. She can use it only in certain cases. In particular, the court may reduce the amount of the penalty if it is disproportionate to the consequences that occurred when the debtor violated the terms of the agreement. This rule is recorded in Art. 333 of the Code. This norm corresponds to the provisions of the procedural legislation. For example, when deciding on a dispute, the arbitral tribunal in exceptional cases can reduce the amount of a penalty / fine payable at the request of a citizen-entrepreneur or organization from the side that violated the contractual terms.
Difficulty in practice
At first glance, the application of the penalty seems quite simple. However, in practice, significant difficulties often arise when considering disputes related to the imposition of fines or penalties for violation of contractual obligations. This situation is also typical for cases of application of a legal penalty. The presence of difficulties is also confirmed by the numerous explanations given by YOU. 
They are based on the analysis and generalization of case materials already considered by arbitration courts regarding the application of sanctions for the most common, typical violations in the field of entrepreneurship. For example, in 1983, the Regulation on fines in violation of the procedure for settlement transactions was approved. According to him, the liability of banks was established, expressed in the obligation to pay 0.5% of the amount delayed when debiting or crediting to the client’s account. In previous years, this penalty was not widespread. However, at present it has become quite actively used. This, in turn, led to a significant increase in cases regarding the prosecution of banks for violations of the procedure for settlement transactions.
