Заранее оценённые убытки: как заменить неустойку в подряде

Liquidated Damages: How to Replace a Penalty in a Contract and Avoid Article 333 of the Civil Code of the Russian Federation** Speaker: Marina Basova | The Practice of Applying Article 406.1 of the Civil Code of the Russian Federation in Construction and Business 🔹 Understanding the working tool of Article 406.1 of the Civil Code of the Russian Federation: how to include liquidated damages in a construction contract, avoid reducing the amount under Article 333 of the Civil Code, and recover losses without the complex burden of proof under Article 15 of the Civil Code of the Russian Federation. A review of judicial practice from 2023–2026 and ready-made contract wording. Subscribe to the channel    / @constructionconf   ► Telegram https://t.me/constructionconf ►Follow the link - free materials from "Construction Foresight": a selection of books and a questionnaire for preparing a construction contract https://t.me/constructionconf_bot 📌 *In this video, you will learn:* ✅ Why classic penalties and damages under Article 15 of the Civil Code of the Russian Federation lose in arbitration ✅ How liquidated damages differ from fines and penalties ✅ How to shift the burden of proof of the amount of losses to the defendant ✅ What amounts are recognized by the courts: practice in contracts, freight forwarding, and leasing ✅ Step-by-step instructions: how to correctly write a condition so that the court does not apply Article Article 333 of the Civil Code of the Russian Federation ✅ What can be subject to fixed compensation (milestones, termination, failure to return materials)? ✅ Contractual errors that turn an "institution" into a simple penalty ✅ Answers to questions: How lawyers and businesses agree on the amount of damages 📌 *Key points for practice:* 🔸 Don't place the clause in the "Liability/Penalty" section—this will directly trigger the application of Article 333 of the Civil Code of the Russian Federation. 🔸 State explicitly in the text: "Article 333 of the Civil Code of the Russian Federation." Article 15 of the Civil Code of the Russian Federation does not apply; the clause is compensatory, not punitive in nature. 🔸 Establish a clear amount or a clear calculation method (without it, the clause is considered inconsistent). 🔸 Optimal range: 10–15% of the contract price or a fixed amount for a specific violation. 🔸 Combine with a penalty, but legally separate them in different clauses of the contract. 🔸 Keep a "background": commercial proposals, estimates, technical specifications, and transaction analogies—in case the court requests a review of reasonableness. 👥 *Who is this analysis for?* • Corporate lawyers and heads of legal departments • Contractors and contract management specialists in construction • Arbitration lawyers and legal advisers • Entrepreneurs and business owners working with contractors 📚 *Regulatory framework:* • Civil Code of the Russian Federation: Art. 15 (damages), Art. 333 (penalty reduction), Art. 406.1 (compensation for losses), Art. 421 (freedom of contract), Art. 717 (unilateral refusal) • Review of the judicial practice of the Supreme Court of the Russian Federation on contractual disputes (2023–2026) • Rulings of the Economic Collegium of the Supreme Court of the Russian Federation and the practice of district arbitration courts #LiquidatedDamages #Article406_1CivilCode #ArbitrationPractice #ConstructionContract #CorporateLaw #ContractualWork #CollectionofDamages #Article333CivilCode #LegalAnalysis #MarinaBasova