ASTRAND, CONCEPT, APPLICATION, SIZES // Modern civil law. - 2020. №1. . - С. 15-18.

ASTRAND, CONCEPT, APPLICATION, SIZES

UDK: 342.7

The article considers legal regulation of the Institute of astrantia and made a legal anal- ysis of its application. The grounds for collecting the astrent, as well as methods for determining the size of the astrent, are determined. Article 308.3 of the civil code of the Russian Federation, introduced in June 2015, affected the rules for securing the credi- tor's rights for both monetary and non-monetary obligations. The innovation can be called an analogue of the French astrent. In this paper we study the characteristics and problems of the use of astreinte in Russian legal proceedings as at the theoretical level, and on the basis of judicial practice. The circumstances that must be taken into account when applying this penalty are analyzed. Examines legislation that enshrines the insti- tution of astrantia and identifies the provisions of the law which complicate its use.

penalty; amount; protection; creditor; obligation; civil liability; perfor- mance of obligations; monetary amount.