Cancellation Fee: Conditions of Reduction, Legal Ways of Settlement

This scientific article is devoted to the legal structure established by clause 3 of Article 310 of the Civil Code of the Russian Federation, namely, the fee for renunciation of the contract. This design is a contractual condition that is established by entrepreneurs in order to ensure the stability of legal relations. Public interference in such contractual relations is excluded, however, only until the moment when mandatory norms of the law begin to be violated. In this case, the most pressing issue for the law is the limits of such interference, in particular, judicial. There is no legislative provision for the possibility of reducing the established fee for withdrawal from the contract. At the same time, to date, the Supreme Court of the Russian Federation has established conditions under which a reduction in the amount of payment stipulated by the contract can be made, which in practice creates a wide scope of judicial discretion. The author of the article, referring to the opinions of honored domestic lawyers, as well as to key acts of judicial practice, presents his position on the content and specifics of the implementation of conditions that allow reducing the amount of fees for renunciation of the contract.