Problems of legal regulation of counter performance of obligations in Russian civil law

Federal Law No. 42-FZ of March 8, 2015 “On Amendments to Part One of the Civil Code of the Russian Federation” Art. 328 of the Civil Code of the Russian Federation was set out in a new edition. This paper examines the provision, supplemented by the above Federal Law rule on the counter performance of obligations, according to which none of the parties to the obligation, under the terms of which the counter performance is provided, is entitled to demand performance in court without providing what is due from it on obligation to the other party (Clause 3, Article 328 of the Civil Code of the Russian Federation). On the basis of the conducted research, separate conclusions and proposals were made for the modernization of law and its application.