Аннотация на русском языке: The article considers the institution of penalties as one of the main ways to ensure the fulfillment of obligations and measures of civil liability. The author conducts a comparative analysis of contractual and legal penalties, determining the grounds for their occurrence, legal nature and functional purpose. Special attention is paid to the complex issues of calculating penalties, the ratio of various types of penalties to each other and to losses, as well as law enforcement practice, including the possibility of reducing penalties according to the rules of Article 333 of the Civil Code of the Russian Federation (CC RF). Based on the analysis of doctrinal sources and judicial practice, practical recommendations are formulated for participants in civil turnover.

The summary in English: The article is devoted to a comprehensive analysis of the institution of penalties in modern civil law, as well as its transformation in the context of the digitalization of the economy and the globalization of legal systems. The key functions of penalties as a tool for securing obligations, including compensatory and preventive components, are considered. Based on the study of judicial practice in 2019-2024 and the comparative legal approach, proposals for improving legislation are formulated. The article is of interest to civil law researchers, practicing lawyers, and legislators.

Ключевые слова: неустойка, пеня, штраф, законная неустойка, договорная неустойка, обеспечение обязательств, гражданско-правовая ответственность, Гражданский кодекс РФ, соразмерность, взыскание неустойки.
Key words: penalty, penalty, fine, legal penalty, contractual penalty, securing obligations, civil liability, Civil Code of the Russian Federation, proportionality, penalty recovery.