Compensation for material damage under Civil Law

20.11.2019

A person living in society simply cannot help but contact people around him. Thus each affects the property or person of the other. Such impacts can be both positive and negative. If, as a result of any actions, one person damaged things or caused harm to the health of another, then material compensation for the damage caused will be required.

Regulatory and legal relations on the issue of compensation for material damage are regulated by the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

The concept of material damage in the Civil Code

The concept of “material damage” is quite broad. It combines two definitions. Damage is:

real loss - damage to property (property), complete or partial;
lost profit - income cannot be received due to the fault of a third party.

Article 1064 of the Civil Code of the Russian Federation provides for compensation for damage caused to the person or property of a citizen in full by the person who caused the damage.

To compensate for damage caused under Art. 1082 of the Civil Code of the Russian Federation, 2 methods are used:

In kind - a lost or partially damaged item is provided in full by the person who caused the damage.
Monetary compensation - losses are compensated in the form of a sum of money that fully or partially covers the amount of damage caused.

Partial compensation occurs in cases where the damage was caused by persons incapacitated or under the age of majority. According to Article 15 of the Civil Code of the Russian Federation, any citizen of the Russian Federation has the right to receive material compensation for damage caused.

Article 135 of the Code of Criminal Procedure of the Russian Federation. Compensation for property damage (current version)

1. Compensation for property damage, if interpreted in terms of civil law (Part 2 of Article 15, Article 1083 of the Civil Code), may include:

a) reimbursement of expenses of the rehabilitated person: fines and procedural costs, amounts used to obtain legal assistance, other expenses (clauses 3, 4, 5 of part 1 of this article). It seems that other expenses, in accordance with the requirements of civil law, must be in direct causal connection with the unlawful actions of the inquiry body, the inquiry officer, the investigator and the court. These may be, for example, expenses for treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is established that the person needs these types of help and care and does not has the right to receive them free of charge (Article 1084 of the Civil Code); expenses for repairing damaged property, purchasing a new item to replace the lost one, including expenses for these purposes that the person will have to make in the future;

b) compensation for loss or damage to property, which in this article means only confiscated property (clause 2, part 1). This may, to some extent, complicate the exercise of the rehabilitated person’s right to full compensation for harm, since loss or damage may affect not only confiscated property, but also other property. If, for example, when applying coercive measures to a rehabilitated person during a detention, arrest or search, the investigators tore his clothes, crashed his car, damaged his home furnishings, etc., the damage caused must, without a doubt, be compensated. True, it can also be classified as another expense - for repairs or purchasing a new item to replace a damaged one. But then you will have to prove (in practice, most likely to the rehabilitated person) that these expenses are inevitable for him, since this thing will be necessary for him or his family in the future;

c) compensation for lost profits: lost wages, pensions, benefits and other funds (dividends on shares and other income), which the rehabilitated person was deprived of the legal opportunity to receive as a result of the actions of the body of inquiry, the interrogating officer, the investigator, the prosecutor and the court (clause 1, p. . 1);

d) compensation for damage in kind (providing an item of the same kind and quality or correcting a damaged item).

It should be borne in mind that by decision of the Supreme Court of the Russian Federation of April 5, 2004 No. GKPI03-1383 “On invalidating paragraphs 7 and 10 of the Instructions for the Application of the Regulations on the procedure for compensation for damage caused to a citizen by illegal actions of the bodies of inquiry, preliminary investigation, prosecutor’s office and court, approved by the Ministry of Justice of the USSR, the Prosecutor's Office of the USSR, the Ministry of Finance of the USSR on March 2, 1982.” The application of I.L. Trunov was satisfied. on recognizing this Instruction as invalid and not subject to application in terms of recognition as invalid and not subject to application from the moment the decision enters into legal force, clause 7 in the part limiting the right to full compensation for losses, as well as clause 10 in terms of the words “six months”.

———————————

See: BVS RF. N 12. 2004.

2. According to part 2 of the commented article, the rehabilitated person has the right to apply with a claim for compensation for property damage to the body that passed the sentence and (or) issued a ruling, a resolution to terminate the criminal case, to cancel or change illegal or unfounded decisions. This could be: a) a court that issued an acquittal, terminated criminal prosecution, or issued a ruling recognizing the actions (inaction) of the relevant official as illegal and unfounded in accordance with Art. 125 Code of Criminal Procedure; b) a higher court that issued a ruling or order to cancel or change illegal or unfounded decisions; c) an investigator or inquiry officer in case of termination of a criminal case; d) the head of the investigator who canceled the illegal or unfounded decision of the investigator; e) the prosecutor who overturned the illegal or unfounded decision of the investigator.

3. In practice, proving the above circumstances, as a rule, will require participation on the part of the rehabilitated person in the form of providing him with additional materials: medical and payment documents, invoices, calculations, contracts. In addition, it may often be necessary to conduct examinations (medical, merchandising, etc.) and interrogate witnesses. This may take much longer than one month, and, moreover, is only possible within the framework of a full judicial investigation, in which new evidence is allowed to be obtained. Unfortunately, the essentially non-procedural method of determining the amount of harm by the investigator and interrogating officer (Part 4 of this article), as well as the judicial procedure for resolving issues related to the execution of a sentence (Article 399 of the Code of Criminal Procedure), intended to consider requirements of the rehabilitated (part 5). In particular, during the court hearing, when resolving issues related to the execution of the sentence, witnesses are not questioned and no other judicial investigative actions are carried out.

4. Compensation for harm to those rehabilitated is made at the expense of the treasury of the level to which the body that made the illegal or unjustified decision or committed the actions that caused the harm belongs.

Comment source:

Ed. A.V. Smirnova “COMMENTARY ON THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE BY ARTICLE), 5th edition

SMIRNOV A.V., KALINOVSKY K.B., 2009

Grounds for compensation for material damage

In order for the injured party to claim compensation for the harm caused, it is necessary to identify the person who caused the damage. Also, the plaintiff, that is, the injured person, must provide evidence of the fact that a third party caused harm.

In Art. 1064 of the Civil Code of the Russian Federation establishes the grounds for compensation for material damage:

Compensation for damage caused is provided in full.
In the absence of proven guilt on the part of the defendant, claims for damages are unfounded.
If the harm is caused by a citizen within the framework of lawful actions, then the blame for the damage is removed from him.

Compensation for material damage can be voluntary, if the parties manage to amicably reach such an agreement, or in court at the request of the injured party. The place for consideration of the claim may be:

magistrate's court - if the amount of damage is up to 50 thousand rubles;
district court - the amount of damage exceeds 50 thousand rubles.

The essence of harm and the rules for its compensation

According to the logic of the legislation of the Russian Federation, harm must be understood as everything that is associated with the occurrence of any type of damage to one person - moral or material, arising due to the actions or inaction of another person. However, the Civil Code of the Russian Federation is focused primarily on creating rules for regulating relations that relate to economic aspects of life, both included and not included in the framework of entrepreneurial activity. Therefore, harm is all the negative things that can happen due to someone else’s fault. Harm should be considered the consequences of failure to fulfill obligations under a transaction or flooding of an apartment, the result of careless handling of things, and the like.

Effect of Art. 1064 of the Civil Code of the Russian Federation applies not only to contractual, but also to non-contractual relations between persons.

This article determines that any harm must be compensated in full to those who caused it. And by any we mean harm caused to the person or property of a citizen or the property of a legal entity. This is indicated by paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation and this reflects the equality of all persons before the law. Of course, the identity of a citizen is highlighted separately for the reason that legal entities do not have personalities. In a legal context, the concept of “personality” differs from that generally accepted in psychology or social aspects. Harm to the individual can be understood as everything that relates to a person - his health and even his appearance.

The legal application of the provisions of the general tort of civil liability is somewhat limited by Art. 1083 of the Civil Code, which allows for a reduction in the level of compensation due to the negligence of the victim himself or the property status of the tortfeasor.

The first paragraph of the article usually does not raise any questions, but the continuation may seem strange to those who are not familiar with the intricacies of various legal aspects:

liability for compensation for damage may be imposed by law on someone who did not cause it;
the person who caused the harm may be liable to pay compensation higher than the amount of harm he caused;
The law may determine compensation for harm even in the absence of the fault of the person who caused it.

This is because situations where a person is harmed can be complex. A fire brigade rushing to put out a fire may damage someone's property, but without committing a formal offense. When saving lives, it is sometimes impossible to think about the economic consequences of the rescuers' actions.

Economic or moral damage may also arise due to the existing operational situation related to the detention of criminals or counter-terrorism measures. In the latter case, the Federal Law “On Combating Terrorism” comes into force, and according to its Art. 18 the state assumes the obligation to compensate the consequences of the victims of a terrorist attack if they receive a material loss.

The article ends with the rule that compensation for harm to the victim may be refused if the harm was caused at his request or with the consent of the victim, and the actions of the person who caused the harm did not violate the moral principles of society. This applies primarily to doctors who may carry out medical interventions associated with increased risk, but after informing the patient about it and obtaining his consent.

What is the amount of compensation and what does it depend on?

The amount of compensation is determined by the court according to the documents provided and the calculation of the property valuation. The property can be assessed either by the victim himself or by a third-party organization based on an examination.

Stages of property assessment:

Selecting an expert and determining the time for the examination.
Notifying all interested parties, including the defendant, about the place and time of the assessment actions.
Obtaining a conclusion indicating the amount of compensation required to restore property damage.

Calculation of the amount of compensation depends on several factors:

the assessment of compensation for payments is calculated individually (alimony, etc.);
assessment of compensation for damage to real estate is carried out according to the inventory certificate of the property;
assessment of the return of funds for late payment of borrowed funds - the amount includes the amount of debt plus interest, if this is provided for in the loan agreement.

Reflection Art. 1064 in rulings and decisions of higher courts

Some rules for the application by courts of the provisions of Art. 1064 of the Civil Code of the Russian Federation explains the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 26, 2010 No. 1, which is called “On the application by courts of civil legislation regulating relations regarding obligations resulting from harm to the life or health of a citizen.” It points out many important aspects, including the fact that the presumption of guilt of the harm-doer assumes that the defendant himself must provide evidence of the absence of his guilt.

The same tradition can be traced when the collegium of the RF Supreme Court makes decisions on property disputes. Thus, on August 15, 2021, case No. 78-KG17-55 was considered. Its essence boils down to the fact that there was a flood of non-residential premises belonging to a legal entity, and above them there was a citizen’s apartment. The company filed a lawsuit against him, which was partially satisfied by the court of first instance. The citizen filed a complaint with the appellate court, which overturned the decision of the first instance court.

However, the legal entity reached the Supreme Court of the Russian Federation, which in its ruling indicated that the decision of the appeal court was incompetent, since the victim provided evidence of the gulf, but the defendant did not provide evidence that he was not guilty of the gulf.

Procedure for compensation for material damage

Compensation for material damage for damage to property begins with the injured party filing a statement of claim and other documents in court, which include (Article 132 of the Civil Code of the Russian Federation):

documents confirming the fact of damage;
evidence of illegal actions on the part of the defendant;
calculation of compensation for material damage;
receipt of payment of state duty.

If the injured party is represented by a lawyer in court, then you will additionally need to provide a power of attorney for the right to represent interests.

Material damage according to the Labor Code of the Russian Federation

Material damage can be recovered from the employee or employer. In this case, the rules and procedure for compensation for material damage are regulated by the Labor Code, Article 248.

Let's say an employee, as a result of negligence, spoils a batch of parts at a factory. Compensation for material damage is possible within 1 month from the moment the amount of damage is established.

An amount exceeding one salary cannot be collected from an employee. If a person admits guilt, then an agreement can be drawn up between him and the employer, which sets the terms of compensation for losses. If the losses exceed the average monthly earnings or the employee does not agree with the accusation, then compensation for damage occurs through the court.

The employee can also recover financial damages from the employer. For example, this is possible if you are injured at work or are not paid on time. In the event of a delay in wages, financial compensation is calculated taking into account interest due to the delay.

Statement of claim

The statement of claim is drawn up in writing. It must comply with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. Example of application content:

The name of the court is District Court No. 45 of the Central District of Moscow.
Plaintiff - Marina Anatolyevna Shmakina, Moscow, st. Pervomaiskaya, 32, apt. 456.
Defendant - Andrey Vitalievich Komarov, Moscow, st. Pervomaiskaya, 32, apt. 460.
The essence of the claim and demand is that A.V. Komarov, living in apartment No. 460, flooded the bathroom in apartment No. 456 on the night of October 15-16, 2021. I ask you to recover from Komarov A.V. material damage.
Circumstances of the case. On the night of October 15-16, Komarov A.V. flooded the bathroom due to negligence. The serviceability of the pipes and taps was confirmed by emergency service specialists. On October 16, employees of the Management Company drew up a report that confirms the cause of the flooding of the bathroom - Komarov’s negligence.
Independent experts assessed the harm. The amount of damage amounted to 150,000 rubles.
The defendant does not deny guilt, but does not want to compensate for the damage due to lack of funds.
List of documents.

The following must be attached to the claim:

check for payment of state duty;
flood report;
conclusion on the amount of damage;
title documents for the apartment;
passport.

The number of applications is 3 pieces. Prepare copies of documents in advance.

Sources:

General grounds for liability for harm

Procedure for collecting damages

How to file a claim for compensation for material damage

To claim compensation for property damage, the injured party must file a claim in court. According to Art. 131 of the Civil Code of the Russian Federation, the application must be drawn up in writing in accordance with the requirements of the law. The claim contains data in the form:

name of the judicial authority;
plaintiff’s data (full name, residential address);
information about the defendant;
descriptions of the fact of damage caused - date and place, circumstances that led to damage to property;
evidence of damage;
the amount of financial compensation;
descriptions of actions on the part of the plaintiff to peacefully resolve the conflict;
applicant's signature.

All documents are drawn up in quantities corresponding to the persons involved in the case (plaintiff, defendant or defendants, court).

How to hold an employee financially liable for damage caused to the organization?

Labor relations are largely based on the employer's trust in the employee. Personnel are provided with the necessary tools and equipment, often of high material value (for example, office equipment). In some cases, the employee is given large sums of money on account, for the safety or strict intended use of which he is responsible. In the event of loss, damage or shortage of property entrusted to an employee, the organization has the right to legally recover damages from the culprit.

Anastasia Morgunova, director of the tax consulting department of online accounting “My Business,” explains how to correctly record the fact of causing harm, establish its size and investigate the circumstances in which it arose.

Under what conditions does the employee’s financial liability to the employer arise?

Occurs when the following conditions are simultaneously present:

– causing direct actual damage . Confirmation of the fact of damage is, for example, an act of discovery of damage caused by an employee, an explanatory note from the employee regarding the fact of damage, inventory materials and other evidence

(in particular, the damaged property itself);

– unlawfulness of the employee’s actions or inaction. For example, damage arose as a result of the fact that the employee did not fulfill his duties established by the employment contract, job description, internal labor regulations and other local acts of the organization;

– a causal connection between the employee’s unlawful actions or inaction and the direct actual damage that occurred. The cause-and-effect relationship must be obvious. For example, an employee dropped a computer on the floor, which then stopped working;

– the employee’s guilt in causing damage to the employer. Guilt is understood as intent or carelessness (frivolity, negligence) in the employee’s actions that led to

to damage to the employer.

Confirmation: part 1 art. 233 of the Labor Code of the Russian Federation, paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006, letter of Rostrud No. 1746-6-1 of October 19, 2006.

Comment: When establishing the guilt of an employee, it is necessary to find out whether he could have acted differently in this situation, whether he had the opportunity to avoid material losses. There are circumstances that completely exclude the guilt of the person who caused the damage (if, of course, he can confirm their presence with sufficient evidence). This is an extreme necessity, an act of force majeure, a normal economic risk, necessary defense, as well as the employer’s failure to fulfill the obligation to provide adequate conditions for storing property. The Labor Code of the Russian Federation, mentioning these concepts in Art. 239, does not reveal their essence. I believe that in this case it is necessary to be guided by other legal acts, in particular, Art. 401 Civil Code of the Russian Federation, Art. 37, 39 of the Criminal Code of the Russian Federation, Art. 2.7 Code of Administrative Offenses of the Russian Federation. para. 2 clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006. On the website www.moedelo.org you can learn from practical examples how to apply the above concepts to labor relations.

What is the financial responsibility of the employee to the employer?

The employee's responsibility lies in the obligation to compensate for direct actual damage caused to the employer (losses that can be accurately calculated). At the same time, the employer does not have the right to recover lost income (lost profits) from the employee.

Direct actual damage means (in total):

– a real decrease in the employer’s cash assets or deterioration in its condition

(including property of third parties held by the employer, if he is responsible for its safety);

– the need for the employer to make costs or excess payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

For example, direct actual damage may include:

– lack of monetary or property values;

– damage to materials and equipment;

– expenses for repairing damaged property;

– payments for forced absence or downtime;

– the amount of the fine paid, which was applied to the employer due to the fault of the employee.

The damage that the employee caused to third parties means all amounts paid by the employer to third parties to compensate for the damage. In this case, the employee can be held liable only within these amounts and provided that there is a cause-and-effect relationship between his culpable actions (inaction) and causing damage to third parties.

Confirmation: part 1, 2 art. 238 of the Labor Code of the Russian Federation, paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006, letter of Rostrud No. 1746-6-1 of October 19, 2006.

To what extent must the employee compensate for the damage caused?

The employee must compensate for damages either in the amount of his average monthly earnings or in full. It depends on what financial responsibility is assigned to the employee.

As a general rule, an employee bears limited financial liability for damage caused - within the limits of his average monthly earnings (Article 241 of the Labor Code of the Russian Federation). But in some cases, he may be charged with full financial responsibility , that is, the obligation to compensate the damage caused to the employer in full (Article 242 of the Labor Code of the Russian Federation).

Cases of full financial liability are listed in Art. 243 of the Labor Code of the Russian Federation. For example, it may be assigned to the employee in accordance with the Labor Code of the Russian Federation or federal laws. So, in accordance with Art. 277 of the Labor Code of the Russian Federation, the head of the organization bears full financial responsibility for damage caused to the employer.

In addition, the employee bears full financial responsibility if he caused damage as a result of a crime, an administrative offense, while drunk, with the intent to cause harm to the employer, and in some other cases.

Such liability also arises in the case when the employee was entrusted with valuables under an agreement on full financial liability, concluded with him individually or as part of a team (team), or he received them under a one-time document (power of attorney). It should be remembered that an agreement on full financial liability can only be concluded with an adult employee (over 18 years of age).

Confirmation: art. 2439–245 of the Labor Code of the Russian Federation, paragraphs 9–12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006.

Comment: Employers sometimes consider concluding an agreement on full financial responsibility to be a “panacea for all ills.” Some even offer to sign such a document to all employees accepted into the organization without exception. However, it should be taken into account that agreements on full financial liability can be concluded only with employees whose positions (works) are included in the Lists, approved. Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002 (materially responsible persons). In other cases, the existence of such agreements is not justified - they will not have legal force. This is clearly demonstrated by judicial practice.

Several employers tried to recover damages in full from employees through the court, however, compensation for damages only in the amount of the average monthly earnings of the defendants was recognized as legal. The fact is that agreements on full financial liability were unlawfully concluded with employees who did not fall under the above lists (a production department specialist and a watchman). These employees were not directly involved in the maintenance or use of monetary, commodity values or other property. The court indicated that these lists of positions (works) are exhaustive and are not subject to broad interpretation (Determination of the Supreme Court of the Russian Federation No. 18-B09-72 of November 19, 2009, Determination of the Moscow City Court No. 33-19538 of June 24, 2011, Determination of the Primorsky Regional Court No. 33-2124 of March 29, 2010).

How to determine the amount of material damage (losses) caused by an employee?

The amount must be determined (as a general rule) based on market prices for the property that was damaged. They must be valid on the day the damage occurred (for example, on the day the shortage of a particular property was discovered). In this case, the amount of material damage cannot be lower than the value of the property according to accounting data (taking into account its wear and tear).

Confirmation: part 1 art. 246 of the Labor Code of the Russian Federation.

At the same time, separate regulations may establish a different procedure for determining the amount of material damage. For example, for the theft or shortage of narcotic drugs or psychotropic substances, an employee is liable in the amount of 100 times the amount of direct actual damage caused to the organization (Clause 6, Article 59 of Federal Law No. 3-FZ of January 8, 1998).

Confirmation: Art. 238, part 2 art. 246 of the Labor Code of the Russian Federation.

How to confirm the amount of material damage (loss)?

It is necessary to confirm the amount before making a decision on compensation for material damage (losses) by the employee. The procedure for confirming the amount depends on the type of material damage caused.

As a general rule, to establish the amount of damage (losses) caused and the reasons for its occurrence, the employer must conduct an inspection . For this purpose, the organization has the right to create a special commission with the involvement of the necessary specialists (Part 1 of Article 247 of the Labor Code of the Russian Federation). For example, such a check is necessary if the damage occurred as a result of necessary defense. In this case, the employee’s financial liability is completely excluded (Article 239 of the Labor Code of the Russian Federation).

If facts of theft, abuse or damage to property are detected, the above check is carried out in the form of an inventory (clause 2 of article 12 of Federal Law No. 129-FZ of November 21

1996). Its results must be indicated in the comparison sheet (form No. INV-18 or No. INV-19).

Confirmation: clause 4.1 of the Methodological Instructions, approved. By Order of the Ministry of Finance of Russia No. 49 of June 13, 1995

The amount of material damage resulting from an accident that occurred through the fault of an employee can be determined without conducting an internal audit. This is due to the fact that the reasons for the occurrence of material damage and its amount can be justified by:

– documents received from traffic police officers upon the accident (as confirming the cause of the damage);

– documents received from repair and insurance companies (confirming the amount of damage caused by the at-fault employee).

After the amount of material damage has been determined, the organization must request written explanations from the employee of the reasons why the damage occurred . If the employee refuses (evades) to provide such an explanation, a report must be drawn up.

Confirmation: Part 2 of Art. 247 of the Labor Code of the Russian Federation.

How to reflect in accounting a shortage that arose due to the fault of the financially responsible person (other guilty parties) and was identified as a result of an inventory?

The identified shortage (taken into account after the inventory in the debit of account 94 “Shortages and losses from damage to valuables”) must be reflected as a settlement with the financially responsible employee (other person) recognized as the culprit.

The postings in this case will be as follows:

DEBIT 73-2 (76-2) CREDIT 94

– the shortage in the amount of the value at which the property is reflected in accounting is attributed to the financially responsible person (another guilty person);

DEBIT 50 (51, 70) CREDIT 73-2 (76-2)

– the repayment of debt for the shortage by the employee (other guilty person) is reflected.

The market value of the property, which is compensated by the guilty person, may exceed the value at which the property is recorded. In this case, the organization must make the following entries:

DEBIT 73-2 (76-2) CREDIT 94

– the shortage in the amount of the value at which the property is reflected in accounting is attributed to the financially responsible person (another guilty person);

DEBIT 73-2 (76-2) CREDIT 98-4

– reflects the difference between the amount that is subject to recovery from the guilty person and the value at which the property is recorded.

As funds due from the guilty person are collected, the specified amount is written off as other income in proportion to the repaid debt:

DEBIT 50 (51, 70) CREDIT 73-2 (76-2)

– the repayment of debt for the shortage by the employee (other guilty person) is reflected;

DEBIT 98-4 CREDIT 91-1

– reflects the difference between the amount to be recovered from the guilty person and the cost of the missing valuables as part of other income.

If a shortage that arose due to the fault of a financially responsible person (other guilty parties) is identified in the reporting period, but relates to previous reporting periods, then it must be taken into account as part of future income:

DEBIT 94 CREDIT 98

– a shortage related to previous periods, but identified in the reporting period, is reflected;

DEBIT 73-2 (76-2) CREDIT 94

– a shortage identified in the reporting period, but relating to previous periods, is attributed to the financially responsible person (another guilty person).

As the amount due from the guilty person is collected, the shortfall is written off as other income:

DEBIT 98 CREDIT 91-1

– the shortfall identified in the reporting period, but relating to previous periods, is reflected in income.

The guilt of the financially responsible person (other guilty persons) must be documented. Supporting documents may be a decision of investigative or judicial authorities, a conclusion on the fact of damage to valuables, which is issued by the technical control department or relevant specialized organizations (quality inspections, etc.).

Confirmation: clauses 5.1, 5.2 of the Methodological Instructions, approved. By Order of the Ministry of Finance of Russia No. 49 of June 13, 1995, Instructions for the Chart of Accounts.

Also on the website www.moedelo.org you will find the necessary accounting entries in order to reflect:

– deduction of material damage caused to the organization from the employee’s salary;

– accountable amounts issued to an employee for the performance of an official task that were not returned on time, as well as the deduction of such amounts from the employee’s salary;

– shortage of property that belongs to the organization, but is not listed on the balance sheet accounts, if the cause of the shortage is the fault of the employee (financially responsible or other guilty person), and others.

What is the maximum amount of deductions for material damage from an employee’s salary?

The maximum amount of deductions for amounts of material damage from an employee should not exceed his average monthly earnings (Part 1 of Article 248 of the Labor Code of the Russian Federation).

At the same time, no more than 20 percent can be withheld from an employee’s monthly salary (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The amount of damage that exceeds the average monthly salary of the employee (if brought to full financial liability), if the perpetrator does not agree to compensate it voluntarily, can be recovered from him only through the court (Part 2 of Article 248 of the Labor Code of the Russian Federation).

An employee can voluntarily compensate for the damage caused by him (both with limited and full financial liability). In this case, by agreement of the parties, compensation for damage by installments is allowed. In addition, the employee must submit to the employer a written obligation to compensate for damages, in which it is necessary to indicate specific payment terms (Part 4 of Article 248 of the Labor Code of the Russian Federation).

An employer can confirm its consent to payment by installments:

– or a permissive inscription (for example, “I don’t object” or “allow”) on the employee’s written obligation;

– or a separate administrative document, which will specify the procedure for settlements (for example, an order, a decree).

If an employee gave a written obligation to compensate for material damage, and then quit and refused to pay the debt, the outstanding debt can only be recovered through the court.

Confirmation: part 4 art. 248 of the Labor Code of the Russian Federation.

Comment: At first glance, it seems that collecting the amount of damage from the guilty employee is an indispensable procedure that is always carried out. However, the employer has the right to refuse recovery, taking into account the specific circumstances in which the damage was caused (Article 240 of the Labor Code of the Russian Federation, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006). In practice, these include the difficult financial situation of the employee, the presence of dependent minor children, and the insignificant amount of damage. The employer may refuse to recover damages either immediately after it has been caused or subsequently, for example, at the stage of litigation. In the latter case, the court accepts the plaintiff’s (organization’s) refusal of the claim according to the rules of Art. 39 of the Civil Procedure Code of the Russian Federation. It is recommended that the employer’s refusal to recover material damage be formalized in writing (in the form of an order, which is familiarized to the employee against signature).

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In what cases will you need the help of a lawyer?

The process of compensation for material damage is quite lengthy and requires a responsible and competent approach. During the collection and preparation of documents, as well as the trial itself, numerous legislative acts and decrees of the Russian government are used. If the injured party does not have sufficient knowledge in the field of law, then it is advisable to turn to professional lawyers for help.

Qualified lawyers will not only help you quickly and correctly prepare the entire necessary list of documents, correctly draw up a statement of claim to the court, but will also represent the interests of their client in the courtroom. This approach to the process will allow the plaintiff to achieve a positive result in the case for compensation for material damage.

With respect to you and your business,

legal

Rehabilitation: grounds, compensation for harm

The judicial system in the Russian Federation is not without shortcomings, therefore the possibility of judicial (judicial) error when considering and resolving criminal cases still exists today.

This fact is confirmed by the number of sentences canceled or changed by higher authorities.

One of the mistakes that is significant for human life that a judge can make is to pronounce a guilty verdict against an innocent citizen who is forced to bear punishment for a crime committed by another person. Can anything make up for the harm this has caused him?

For this purpose, the Institute of Rehabilitation is established in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation). It represents a procedure for restoring the rights and freedoms of a person who has been illegally or unreasonably subjected to criminal prosecution. The right to rehabilitation includes the right to compensation for property and moral damage, restoration of labor, pension, housing and other rights.

The right to rehabilitation, including the right to compensation for harm associated with criminal prosecution, is enjoyed by both persons whose criminal prosecution was declared illegal or unfounded by the court of first instance, and persons against whom criminal prosecution was terminated at the pre-trial stages of criminal proceedings or a criminal case terminated and (or) the sentence canceled in the appeal, cassation, supervisory procedures, due to newly discovered or new circumstances. A more detailed list of persons entitled to rehabilitation and the grounds for the emergence of this right is enshrined in parts 2, 21 of Article 133 of the Code of Criminal Procedure of the Russian Federation. Also, any person unlawfully subjected to measures of procedural coercion during criminal proceedings has the right to compensation for harm.

However, there are exceptions to this list; the right to rehabilitation will not arise if procedural coercive measures or a conviction were canceled or changed on the following grounds:

issuance of an act of amnesty;
expiration of statute of limitations;
not reaching the age at which criminal liability begins;
the person is a minor, has reached the age at which criminal liability begins, but due to mental retardation (not associated with a mental disorder) could not fully understand the actual nature and social danger of his actions (inaction) and manage them at the time of committing a crime acts;
a law has been adopted eliminating crime or punishability of an act.

It is also worth paying attention to the fact that persons entitled to rehabilitation, specified in Part 2 of Article 133 of the Code of Criminal Procedure of the Russian Federation, do not include, in particular, a suspect, accused, convicted person, whose criminal actions have been reclassified or qualifying features have been excluded from the charge, erroneously imputed articles in the absence of an ideal totality of crimes or in respect of which other decisions were made that reduce the scope of the charge, but do not exclude it, as well as convicted persons whose sentence was reduced by a higher court to the limit below the time served.

The right to rehabilitation is recognized by the court for an acquitted person; investigator or inquiry officer - for a person against whom criminal prosecution has been terminated. At the same time, the person is sent a notice explaining the procedure for compensation for damage. In the event that the rehabilitated person has died, the notice is sent to his heirs, close relatives, relatives or dependents whose place of residence is known. If there is no information about their place of residence, a notice is sent no later than 5 days from the date of their application to the bodies of inquiry, preliminary investigation or to the court.

The basis for a person’s right to rehabilitation is an acquittal or a decision (ruling) to terminate a criminal case (criminal prosecution) on the above grounds.

Compensation for property damage

Within three years from the date of receipt of a verdict, ruling or court order recognizing a person’s right to rehabilitation, and notification of the procedure for compensation for damage, the rehabilitated person, the legal representative of the rehabilitated person or the heirs, relatives, dependents of the deceased person being rehabilitated have the right to apply for a claim for compensation for property damage according to your choice in:

the court that passed the verdict, issued a decision, a ruling to terminate the criminal case and (or) criminal prosecution;
court at the place of residence of the rehabilitated person;
the court at the location of the body that issued the decision to terminate the criminal case and (or) criminal prosecution or to cancel or change illegal or unfounded decisions.

The missed statute of limitations can be restored (Article 205 of the Civil Code of the Russian Federation).

It is worth considering the fact that if the criminal case was dismissed or the sentence was changed by a higher court, then the claim for compensation for damages is sent to the court that passed the sentence, or to the court at the place of residence of the rehabilitated person.

Within a period not exceeding one month from the date of receipt of the claim for compensation for property damage, the judge determines its amount and issues a ruling on making payments to compensate for this damage. These payments are made taking into account the inflation rate. The amount of payments to be reimbursed to the rehabilitated person is determined by the court taking into account the consumer price growth index at the place of work or residence of the rehabilitated person at the time of the start of criminal prosecution, calculated by the state statistics bodies of the Russian Federation in the constituent entity of the Russian Federation at the time the decision on compensation for harm was made.

All monetary payments that the rehabilitated person was deprived of and that are subject to reimbursement are calculated from the moment of termination of their payments. The period for which they are subject to compensation is determined by the court, taking into account the specific circumstances of the case.

The Ministry of Finance of the Russian Federation is involved as a defendant in cases of claims for compensation for property damage on behalf of the Treasury of the Russian Federation.

Compensation for moral damage

As for moral damage, it is compensated as follows. First, the prosecutor, on behalf of the state, formally apologizes to the rehabilitated person for the harm caused to him. Secondly, the rehabilitated person has the right to file a claim for compensation for moral damage caused in monetary terms. This claim is being brought in civil proceedings. In the event that information about the detention of a rehabilitated person, his detention, his temporary removal from office, the application of compulsory medical measures to him, the conviction of a rehabilitated person and other illegal actions applied to him were published in the press, distributed on radio, television or in other media, then at the request of the rehabilitated person, and in the event of his death - his close relatives or relatives, or by written order of the court, prosecutor, head of the investigative body, investigator, inquirer, the relevant media are obliged to make a report on the rehabilitation within 30 days .

Also, the rehabilitated person, and in the event of his death, his close relatives or relatives, have the right to demand the sending of written messages about the decisions made exonerating the citizen at his place of work, study or place of residence, which the court, prosecutor, investigator, inquirer are required to do no later than 14 days.

Claims for compensation for moral damage in monetary terms are brought in civil proceedings. Such cases are subject to jurisdiction by district courts or garrison military courts. Claims may be brought to court by those being rehabilitated:

at the place of residence or location of the defendant;
at the place of residence of the plaintiff.

When determining the amount of monetary compensation, the court takes into account the degree and nature of physical and moral suffering associated with the individual characteristics of the person who suffered harm, and other circumstances worthy of attention.

Damage is compensated by the state in full, regardless of the guilt of the inquiry body, interrogating officer, investigator, prosecutor and court at the expense of the treasury of the Russian Federation. The court does not have the right to impose on the rehabilitated person the obligation to prove the guilt of specific officials.

Of course, the institution of rehabilitation, no matter what form it takes, will never be able to provide equivalent compensation for lost time, physical and moral suffering, lost chance for self-realization and everything else that was taken from a person by someone’s wrong action. But by proclaiming a person, his rights and freedoms as the highest value, the state is obliged to guarantee and ensure to the maximum possible extent the right to compensation for harm caused by illegal actions (inaction) of government bodies or officials.

Money or “in kind”: what is the best way to compensate for harm to nature?

To pay damages. First way

Environmental damage can be compensated in two ways: in kind, that is, by restoring the contaminated area, or by paying monetary compensation (Article 78 of the Environmental Protection Law “Procedure for compensation for environmental damage caused by violation of environmental legislation”).

The first method is a priority in most foreign countries, for example, in France and Germany, says Ekaterina Slivko, advisor in the judicial arbitration practice of AB Egorov, Puginsky, Afanasyev and Partners Egorov, Puginsky, Afanasyev and Partners Federal Rating. group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group Compliance group Corporate law/Mergers and acquisitions group International litigation group International arbitration group Maritime law group Dispute resolution in courts of general jurisdiction group Capital markets group Family and inheritance law group Insurance law group Labor and migration law (including disputes) group Criminal law group Private capital management group Pharmaceuticals and healthcare group Financial/Banking law group Environmental law group Bankruptcy (including disputes) group Foreign trade activities/Customs law and currency regulation group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Tax consulting and disputes (Tax consulting) group Tax consulting and disputes (Tax disputes) group Natural resources/Energy group TMT (telecommunications, media and technology) group Transport law group Digital Economy 1st place By revenue 1st place By revenue per lawyer (more than 30 lawyers) 1st place By number of lawyers Company profile. She notes a trend in Russia: in the last few years, domestic courts have increasingly used the natural form of compensation for harm.

A prerequisite for compensation in kind is a restoration project, Slivko shares. The violating company must develop it, and Rosprirodnadzor must approve it. This could be the landscaping of an area that was damaged due to emissions from an enterprise, or the reclamation of land contaminated with oil, or, as in case No. A37-817/2017, the restoration of the fish population in the river. Here the Okhotsk Department of Rybnadzor filed a claim against the Ust-Srednekanskaya HPP. As a result, they agreed peacefully: the hydroelectric power station, due to the construction and operation of which some species of fish died, should release a certain number of fry into the river and reservoir every year.

If there is no restoration project, the court may refuse and choose monetary compensation (case No. A41-18635/2017).

0.01% recovery

enterprises pay voluntarily, in other cases Rosprirodnadzor goes to court

It is better to eliminate negative consequences for nature even before filing a claim, Slivko believes. But Yulia Yurchenko, senior lawyer at Pepelyaev Group Pepelyaev Group Federal rating. group Foreign trade activities/Customs law and currency regulation group Tax consulting and disputes (Tax consulting) group Tax consulting and disputes (Tax disputes) group Labor and migration law (including disputes) group Digital economy group Antimonopoly law (including disputes) group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Compliance group Natural resources/Energy group Pharmaceuticals and healthcare group Environmental law group Bankruptcy (including disputes) group Corporate law/Mergers and acquisitions group Family and inheritance law TMT group (telecommunications, media and technology ) group Financial/Banking Law group Arbitration proceedings (major disputes - high market) group Dispute resolution in courts of general jurisdiction, notes that companies do not always have enough time for this. Previously, the authorized bodies in the order to eliminate the violation set very realistic deadlines (taking into account the time for developing the project and the fact that the work is carried out in warm weather). And if these deadlines expired and the problem was not eliminated, the department went to court for monetary compensation. Now, Yurchenko notes, the terms for restoration in the instructions of Rosprirodnadzor are greatly reduced. Companies do not have time to comply with them, so as not to bring the dispute to court.

This method is not always suitable. For example, when damage is caused to animals or the air, the courts recognize that it is difficult to somehow correct it.

If a fine is nevertheless chosen, but the enterprise tried to voluntarily eliminate the harm to nature, then the court will take this into account when determining the amount of the penalty. Paragraph 28 of Review of Practice No. 2, approved by the Presidium of the Supreme Court on July 17, 2021, states that when determining the amount of compensation, it is necessary to take into account the costs incurred in good faith by the tortfeasor to eliminate pollution. , but at the same time it cannot be forced to pay full compensation and, for example, carry out reclamation. Yurchenko notes that courts sometimes satisfy such requirements (cases No. A54-503/2014, No. A57-8748/2019), but they are corrected by the Supreme Court. In both disputes, the Supreme Court returned the case for a new consideration, indicating that it is impossible to impose a double measure of responsibility on society.

Method two - compensation

Often companies do not eliminate negative consequences, but pay compensation. Dmitry Motorin, environmental lawyer VEGAS LEX VEGAS LEX Federal rating. PPP group/Infrastructure projects group Land law/Commercial real estate/Construction group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group Tax consulting and disputes (Tax consulting) group Natural resources/Energy group Insurance law group Environmental law group Corporate Law/Mergers and Acquisitions group Tax consulting and disputes (Tax disputes) group Bankruptcy (including disputes) 2nd place By revenue 3rd place By revenue per lawyer (more than 30 lawyers) 8th place By number of lawyers Company profile, believes that in terms of real recovery ecosystems is quite controversial.

The monetary form of compensation for harm is not aimed at protecting the environment, but at replenishing the state budget. The collected money is often not separated from other budget funds and is not spent on the environment.

Ekaterina Slivko, advisor in the judicial arbitration practice of AB Egorov, Puginsky, Afanasyev and partners Egorov, Puginsky, Afanasyev and partners Federal rating. group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group Compliance group Corporate law/Mergers and acquisitions group International litigation group International arbitration group Maritime law group Dispute resolution in courts of general jurisdiction group Capital markets group Family and inheritance law group Insurance law group Labor and migration law (including disputes) group Criminal law group Private capital management group Pharmaceuticals and healthcare group Financial/Banking law group Environmental law group Bankruptcy (including disputes) group Foreign trade activities/Customs law and currency regulation group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Tax consulting and disputes (Tax consulting) group Tax consulting and disputes (Tax disputes) group Natural resources/Energy group TMT (telecommunications, media and technology) group Transport law group Digital Economy 1st place By revenue 1st place By revenue per lawyer (more than 30 lawyers) 1st place By number of lawyers Company profile

The Constitutional Court admits that money is not segregated. According to the Constitutional Court, damage caused to the environment is often irreversible, and the state has the right to allocate money not for environmental restoration, but simply to the budget as compensation (Resolution No. 12-P of June 2, 2015). It is possible that this problem can be resolved in the near future. The Ministry of Economic Development proposed to direct compensation for damage to nature only for its restoration.

But Slivko notes that the problem is not only about spending money. According to her, if compensation is collected from the company, then it is no longer obliged to carry out restoration work. That is, the harm may actually remain unresolved both on the part of the state and on the part of the harm-doer, Slivko concluded.

Compensation amount

The amount of compensation is individual in each case, says Motorin. It all depends on many parameters, which are usually included in the form of coefficients in formulas that are established by methods for calculating harm. Yurchenko notes that over time, the amount of compensation collected is steadily growing. The expert attributes this, among other things, to changes in calculation methods and their application.

Evgeniy Oreshin, advisor in the dispute resolution practice of Bryan Cave Leighton Paisner (Russia) LLP Bryan Cave Leighton Paisner (Russia) LLP Federal rating, agrees with his colleague. foreign trade group/Customs law and currency regulation group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Compliance group Corporate law/Mergers and acquisitions group International arbitration group Tax consulting and disputes (Tax disputes) group Natural resources/Energy group TMT (telecommunications, media and technology) group Transport law group Pharmaceuticals and healthcare group Financial/Banking law group Digital economy group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group International litigation group Tax consulting and disputes (Tax consulting) group Labor and migration law (including disputes) group Family and inheritance law group Criminal law group Private wealth management group Bankruptcy (including disputes) 3rd place By revenue 3rd place By number of lawyers 5th place By revenue per lawyer (more than 30 lawyers) Company profile. According to him, in recent years there have been more and more cases with extremely high amounts of claims - tens and hundreds of millions of rubles, in some cases - billions.

RUB 146.1 billion from a subsidiary of Norilsk Nickel

The largest “environmental fine” in the history of Russia was collected by the Arbitration Court of the Krasnoyarsk Territory (see Rosprirodnadzor recovered 146.1 billion rubles from Norilsk Nickel). The court ordered Norilsk Nickel's subsidiary, Norilsk-Taimyr Energy Company, to pay 146.1 billion rubles. for the accident at CHPP-3 in Norilsk. In May 2021, one of the tanks depressurized there. As a result, more than 21,000 tons of petroleum products ended up in the rivers. As the media wrote, the accident became the second largest in Russia after the spill of 94,000 tons of oil in Komi in 1994. Then eliminating the consequences took six years.

In connection with the incident, four criminal cases were opened, including against the mayor of Norilsk, Rinat Akhmetchin. He was found guilty of negligence and sentenced to six months of correctional labor. Specialists and managers of CHPP-3 are involved in other cases. And Rosprirodnadzor demanded compensation of 148 billion rubles from the Norilsk-Taimyr Energy Company. for harm to the environment. The company did not voluntarily pay the amount, calculating that the damage amounted to 21.4 billion rubles. Then the environmental agency filed a lawsuit. The first instance granted the claim partially. The court decided that 145.49 billion rubles. will be sent to the federal budget. The remainder will be received by the Norilsk budget.

The decision in case No. A33-27273/2020 was made on February 6, 2021, and on February 15, Rosprirodnadzor sent a letter to the company offering to pay the fine without appeal.

RUB 3.6 billion with Rosekoprompererabotka

CJSC Rosekoprompererabotka, a processor of oil and brown sludge, set up a landfill on a leased site in the Khanty-Mansiysk region instead of recycling industrial waste. The sludge and its processing products were stored in the floodplain zone of the Ob River. In 2011, the court banned the storage of waste there and ordered the dump to be eliminated (case No. 2-806/2011). But the company did not do this. And only 7 years later, the local department of Rosprirodnadzor calculated the damage that the unauthorized dump caused to nature - 3.6 billion rubles. This is equal to the annual budget of the Khanty-Mansiysk region (see Rosprirodnadzor demands 3.6 billion rubles from an oil sludge processor).

The company did not pay the amount voluntarily, so the department went to court. The first instance ordered a forensic examination, which confirmed that the waste storage facility had a negative impact on the environment. The court satisfied the claim in full, collecting almost 3.6 billion from the company. The appeal ordered an additional forensic examination. According to its conclusion, environmental damage is estimated at 3.4 billion rubles. The court ordered the company to reimburse this amount (case No. A40-176281/2017).

RUB 1.3 billion from Usolyekhimprom

"Usolyekhimprom" in the past was one of the largest chemical enterprises in Siberia, a city-forming enterprise for the city of Usolye-Sibirskoye. The plant ceased operation in 2013, and in 2017 it was declared bankrupt. Chemically hazardous substances remained at the abandoned plant. Because of this environmental threat, a state of emergency was introduced in Usolye-Sibirskoye in 2021, and a year later Rosprirodnadzor became seriously concerned about the situation. The department said that without reclamation of the territory, the situation could develop into an “ecological Chernobyl.”

But the leak could not be avoided. During an unscheduled inspection in 2019, employees of the environmental supervision service found that pollutants were being discharged from an abandoned industrial facility into the reservoir (Angara River). The concentration for mercury was exceeded by 44 times, for petroleum products - 59 times, for other samples the excess was even greater, 159 times. The Arbitration Court of the Irkutsk Region recovered over 139 million rubles from the company. compensation for pollution of the Angara River (case No. A19-4422/2020, entered into force).

And in case No. A19-17745/2020, it was possible to recover compensation from the company for damage caused to the soil. The lawsuit is based on the fact that in 2019, excess concentrations of pollutants such as mercury, petroleum products, iron and lead were detected in the ground. Experts estimated the damage from this at 1.3 billion rubles. The AS of the Irkutsk region satisfied the claim in full. The society is appealing this decision in an appeal, the hearing is scheduled for March 9, 2021.

What if there is no guilt?

According to Motorin, government agencies in such disputes often do not even need to confirm that a natural object has been damaged as a result of pollution. It is enough for the plaintiff to prove that the defendant exceeded the standards for permissible impact on nature. The expert considers it an extremely difficult task to prove that the company is not to blame.

For defendant lawyers, such cases are extremely complex, especially when multi-million or billion dollar amounts are being recovered from a company. Standard approaches for ordinary cases do not work here.

Evgeniy Oreshin, Dispute Resolution Advisor at Bryan Cave Leighton Paisner (Russia) LLP Bryan Cave Leighton Paisner (Russia) LLP Federal rating. foreign trade group/Customs law and currency regulation group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Compliance group Corporate law/Mergers and acquisitions group International arbitration group Tax consulting and disputes (Tax disputes) group Natural resources/Energy group TMT (telecommunications, media and technology) group Transport law group Pharmaceuticals and healthcare group Financial/Banking law group Digital economy group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group International litigation group Tax consulting and disputes (Tax consulting) group Labor and migration law (including disputes) group Family and inheritance law group Criminal law group Private wealth management group Bankruptcy (including disputes) 3rd place By revenue 3rd place By number of lawyers 5th place By revenue per lawyer (more than 30 lawyers) Company profile

Oreshin says that a lawyer needs to immerse himself in all the factual details of the dispute:

inspect the place where the harm occurred (sewage treatment plant, plant, landfill, land plot, etc.);
talk to the defendant's technical staff who understand the problem;
find authoritative experts (to determine the fact of damage and its causes, to calculate the amount of compensation for damage).
organize meetings with interested government bodies;
try to take into account the position of the government agency in court or come to an amicable agreement.

Slivko advises involving expert organizations that will help prepare a conclusion that objectively describes the nature of the harm caused or its absence. Thus, the court refused to recover 1.4 billion rubles from the prosecutor. compensation for illegal waste dumping from Keb Company LLC due to lack of proof of damage to soils based on the results of the examination (case No. 2-969/2016).

According to Slivko, it is important to actively participate in possible legal proceedings, for example, on administrative liability, which precedes a claim for compensation. During the processes, circumstances may be established that indicate the guilt of the company, which will be accepted without proof in the framework of a dispute about compensation for harm due to prejudice.

Anastasia Sinchenkova

Arbitration process