Sample statement of claim to court for compensation for material damage

According to the law, a citizen has the right to compensate for material damage caused due to the actions of another person. However, the demands put forward, which include compensation for property damage, must be properly formalized. To do this, you need to file a claim for compensation for material damage. It serves as the basis for the forced collection of funds. The paper must be drawn up in accordance with the norms of current legislation. It is necessary to determine the price of the application and the amount of the state duty. Additionally, you need to remember the statute of limitations. We will talk further about how to properly prepare a claim in court, additional materials attached to the application, lists of damages subject to compensation, and additional nuances of the procedure.

Rules for drawing up a statement of claim in court

A claim to the court for compensation for material damage allows you to receive money for damage caused by another person. The document must conform to a specific form and be prepared in accordance with a number of rules. You must go to court at the place of registration of the defendant. The statement of claim is drawn up on an A4 sheet. Not all arguments presented need to be supported by evidence.

The text of the document must reflect the following information:

• the name of the court to which the statement of claim is sent;
• information about the participants in the trial;
• justification of the put forward requirements with references to the norms of current legislation;
• obligations confirming the rightness of the plaintiff;
• cost of the claim, calculation of the amount;
• evidence of an attempt to peacefully resolve the dispute and the result of the procedure;
• a list of attached documents, the list of which must include a receipt for payment of the state duty.

The number of copies of the statement of claim and copies of attached documents directly depend on the number of defendants. Each of them should receive their own copy. A separate package of papers is submitted to the court.

Form of claim for compensation for material damage

Draft statement of claim for damages

Where: _____________________________________________________ Plaintiff: ____________________________________________

Respondent:

Cost of claim: ___________________ State duty: ____________________

STATEMENT OF CLAIM for recovery of losses caused by illegal actions of a government agency

In the period from ________ to ___________ (the body that conducted the inspection) (hereinafter referred to as the Department), on the basis of an order dated ________ in relation to __________ (hereinafter referred to as the Company), a scheduled on-site inspection of compliance with the current licensing legislation was carried out. By decision ______________ dated ___________, the license for the purchase, storage and supply of alcoholic products dated ______, No. ________ (entry number in the state consolidated register of issued, suspended and canceled licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products) on the form ______ was suspended, issued by __________, in connection with the identification of a violation, which is the basis for revocation of the license.

The decision of the Arbitration Court has entered into legal force ______ _______. in the case of ____________ The inspection report of the municipal control body of a legal entity, individual entrepreneur No. _______ dated _______ was declared invalid. Actions to conduct an inspection and adopt this act were also declared illegal. Thus, the suspension of the above-mentioned license issued by _____________ resulted in the impossibility of participating in civil circulation as an entity selling alcoholic products.

In accordance with Article 1064 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. According to Articles 16, 1069 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, including as a result of the issuance of an act of a state body that does not comply with the law or other legal act or local government body, is subject to compensation at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation or the treasury of a municipal entity, respectively. According to the explanations set out in paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 6/8 of 07/01/1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation”, in the event of a citizen or legal entity making a demand on compensation for losses caused as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, it must be borne in mind that the Russian Federation, the relevant subject of the Russian Federation or a municipal entity must be recognized as the defendant in such a case (Article 16) represented by the relevant financial or other authorized body.

By virtue of Article 1071 of the Civil Code of the Russian Federation, in cases where, in accordance with the specified Code or other laws, the damage caused is subject to compensation at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation or the treasury of a municipal entity, the relevant financial authorities act on behalf of the treasury, if in accordance with paragraph 3 of Article 125 of the Code, this responsibility is not assigned to another body, legal entity or citizen.

In accordance with paragraph 2 of paragraph 2 of the Resolution of the Plenum of the Supreme Arbitration Court dated June 22, 2006 No. 23 “On some issues of application by arbitration courts of the norms of the Budget Code of the Russian Federation” (hereinafter referred to as the Budget Code of the Russian Federation) when considering claims brought in accordance with Articles 16, 1069 of the Civil Code RF, courts must keep in mind that the debtor is obligated to compensate for damage caused as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, including as a result of issuing an act that is not in accordance with the law or other legal act state body or local government body is a public legal entity, and not its bodies or officials of these bodies.

According to Part 3 of Article 158 of the Budget Code of the Russian Federation, the chief manager of the federal budget by departmental affiliation acts on behalf of the treasury in claims for compensation for damage caused by illegal actions of state bodies. Based on paragraph 11 of the Regulations “On the Federal Service for Regulation of the Alcohol Market”, approved by Decree of the Government of the Russian Federation of February 24, 2009 No. 154, the main manager of budget funds is the Federal Service for Regulation of the Alcohol Market. Thus, the debtor in the obligation to compensate for losses caused as a result of illegal actions of __________________ employees should be the Russian Federation represented by _________________.

The procedure for compensation for harm (losses) caused as a result of illegal decisions, actions (inaction) of state bodies and (or) their officials is regulated by Article 53 of the Constitution of the Russian Federation, Articles 15, 16, 125, 1064, 1069 of the Civil Code of the Russian Federation.

For tortious liability to occur, the following conditions must be present: the occurrence of harm, the wrongfulness of the behavior of the harm-doer, a causal connection between the first two elements, the guilt of the harm-doer, and the amount of harm caused.

The fact of the illegality of the defendant’s actions was established by a judicial act in case No. ____________, which, by virtue of Part 2 of Article 69 of the Arbitration Procedure Code of the Russian Federation, has prejudicial significance for the present dispute. By virtue of paragraph 3 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2011 No. 145 “Review of the practice of arbitration courts considering cases of compensation for damage caused by state bodies, local governments, as well as their officials” when considering a case of compensation for damage caused as a result of the publication of a legal act, decision or action (inaction) of a state or municipal body (official), the illegality of such an act, decision or action (inaction), established by the court in the manner prescribed by Chapter 24 of the Arbitration Procedure Code of the Russian Federation, is not subject to reassessment due to the mandatory nature of this judicial act (Article 16 of the Arbitration Procedure Code of the Russian Federation).

Thus, taking into account the provisions of Article 16, Part 2 of Article 69 of the Arbitration Procedure Code of the Russian Federation, Clause 3 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2011 No. 145, the fault of ___________ (the causer of harm (losses)), expressed in unlawful actions to conduct an inspection and unjustified suspension of the license for the purchase, storage and supply of alcoholic beverages, proven and documented.

These illegal actions and decisions _________ resulted in the impossibility of carrying out __________ activities related to the circulation of alcoholic products and the presence of losses in the form of lost income during the period of illegal suspension of the license. By virtue of Article 18 of the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products,” activities for the purchase, storage and supply of alcoholic and alcohol-containing products are subject to licensing.

According to paragraph 1 of Article 26 of the said Federal Law, the circulation of ethyl alcohol, alcoholic and alcohol-containing products without the appropriate licenses is prohibited. Taking into account the provisions of Articles 18, 26 of the Federal Law of November 22, 1995 No. 171-FZ, from the moment the decision was made to suspend the license and until the moment of its renewal (from ________ to ________), ___________ had no opportunity to carry out activities related to the turnover alcohol products.

By virtue of Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that the person would have received under normal conditions of civil circulation if his the right was not violated (lost profits). The burden of proving the existence and amount of lost profits falls on the plaintiff, who must prove that he could and should have received a certain income from the sale of alcoholic products during the disputed period.

According to the conclusion of the specialist ________ dated ________ No.______, the amount of net profit that __________ could have additionally received for the period from _______ to _________ if the license for the purchase, storage and supply of alcoholic beverages dated _______ No.________ had not been suspended by the Decision __________ from _________ is equal to __________ rub.

This conclusion was made by a specialist who has a higher economic education, sufficient general economic experience, and has undergone professional retraining (copies of the relevant documents are presented along with the specialist’s conclusion). We believe that the specialist’s conclusions are complete, affirmative, clear, based on a study of primary accounting documents and case materials, made using current methods, and not allowing for ambiguous interpretation. Among other things, the company took the necessary measures to prevent losses by challenging the actions and decisions of the defendant. These circumstances are confirmed by the judicial act cited above.

The cause-and-effect relationship is understood as such a connection of phenomena in which one of the phenomena (the cause), in this case - the unlawful actions of the controlling body, not only precedes in time the second (effect) - the infliction of losses, but also gives rise to it and entails its occurrence.

We believe that the fact that there is a cause-and-effect relationship between the defendant’s illegal actions and the plaintiff’s losses resulting from such actions is indisputable, since the impossibility of carrying out activities related to the circulation of alcoholic products is caused by the unlawful actions of Rosalkogolregulirovanie. In turn, the lack of activities for the purchase, storage and sale of alcoholic products, which bring significant income to the society, resulted in the impossibility of fulfilling the goals of the society for which it was created. Thus, it was the illegal actions of _________, expressed in the suspension of the license, that was the only reason that deprived the company of the opportunity to make a profit (income) from the sale of alcoholic products, which resulted in losses.

Based on the evidence presented confirming the illegality of the actions and decisions of ____________, the existence of a causal connection between the unlawful actions of ____________ and the consequences of losses caused to the plaintiff in the form of real, lost profits, proof of the amount of losses, guided by Article 53 of the Constitution of the Russian Federation, Articles 15, 16, 125, 1064, 1069 of the Civil Code of the Russian Federation, Part 3 of Art. 158 of the Budget Code of the Russian Federation,

WE ASK THE COURT:

1. To recover from _____________ the amount of damages (lost profits) in the amount of ________ rubles. 2. Recover from ________ the costs of paying the state duty.

Enclosures: 1. Receipt for payment of state duty – 1 sheet; 2. A copy of the postal receipt confirming the sending of this statement of claim on __ l. to the defendant – _ l.; 3. Copy of the Inspection Report dated ______ No. ______ – _ l.; 4. A copy of the Decision of the Arbitration Court ______ dated _________ in the case _____ – _ p.; 5. Expert’s conclusion dated ________ No. ____ – __ l.; 6. A copy of the postal receipt confirming the sending of the pre-trial demand _________ – _ l.; 7. A copy of the power of attorney for the representative_______ – _ l.

(date of)

Representative of the Plaintiff/____________________/

Additional materials

Using a sample statement of claim to the court for compensation for material damage to draw up a document, it is necessary to prepare a list of attachments.

May require:

• documented confirmation of the circumstances referred to by the applicant;
• copies of checks, receipts, other payment documents confirming expenses;
• a receipt confirming payment of the state duty in full;
• power of attorney, if another citizen acts on behalf of the applicant;
• other documents confirming the applicant’s correctness.

If you encounter any difficulties when preparing the paper yourself, you need to contact a highly qualified lawyer.

Video

Documentation rules

If only two persons appear in a legal dispute, the statement of claim must be prepared in triplicate. One completed form is handed over to the court, the second is given to the defendant, and the third plaintiff keeps it. The application can only be issued in two copies. However, it is better to make copies for yourself. This will allow you to operate the data during the trial.

Please note: When submitting a statement of claim to the office, you must mark the registration of documents. Papers may be delivered in person or sent by mail with delivery receipt. To accept the claim for consideration, the loan is given one month.

Participants in the process will be notified of the exact date of the trial by sending summonses. If for any reason the paper was not received, you must contact the court office and check the date. Here it will be possible to resolve the question of what to do with the start of consideration of the claim.

Damage subject to compensation

Both individuals and legal entities can use a sample claim for damages, prepare an application and apply to a judicial authority. The procedure for applying does not differ depending on the status of the person. The question regarding compensation for harm claimed by the injured party is also considered common. The dispute is considered in court if it is not possible to reach a compromise peacefully.

Video

Trial proceedings begin in the following situations:

• the defendant performed actions that resulted in material damage in the form of lost profits or lost income;
• there was a loss of property or other objects as a result of unlawful actions of the guilty party;
• the initiator of the appeal wants to reimburse the expenses that he incurred due to the restoration of health or property;
• a person wants to claim compensation for moral damage caused by moral or physical suffering due to actions from a third party.

If legal entities are involved in the proceedings, the dispute is considered on the basis of agreements concluded between them. At the same time, compliance with the agreement and the norms of current legislation is checked. The court verdict can be challenged by any of the participants in the lawsuit. Resolving a legal dispute requires taking into account a large number of nuances. Knowledge of legal norms is required. Experts advise enlisting the help of a lawyer. He will prepare all the necessary papers and represent the parties during the trial.

How to make a claim

The law does not establish mandatory requirements for the content of claims, but judicial practice indicates the need to comply with certain conditions, the presence of which affects the dispute process. If your dispute arose from an agreement that does not provide for a complaint form and mandatory requirements for it, then we recommend that you adhere to the drafting in accordance with the following structure.

1. Introductory part: describe the reasons for the dispute; characterize the contractual relations between the parties; list what actions were taken by the parties to the disputed agreement; indicate the addresses and contact details of the parties.
2. Reasoning part: refer to the legal norms that, in your opinion, the counterparty violated; make references to clauses of the contract that are not respected.
3. Final part: formulate your demand to the counterparty for financial or material compensation; it will be more convincing if the claim for damage to the property of a legal entity contains an estimate of losses; fix the period during which the other party must fulfill your conditions; indicate your right to go to court if demands are ignored; put your signature, date and seal (if its presence is provided for by the charter).

When writing, adhere to a formal business style. Avoid phrases with emotional connotations. Try to formulate the requirements in such a way that the entire letter is no more than two A4 pages.

The claim refers to documents that are expected to be used in court in the event of an escalation of the dispute. In this regard, we recommend sending supporting documents that the counterparty does not have. This action will bring clarity to the dispute and help lead to a settlement at the pre-trial stage.

IMPORTANT!

We recommend that you always send along with your complaint a document confirming the authority of the signatory (power of attorney, order of appointment to a position). This will eliminate the risk of an appeal against you in court with the fact that the letter was signed by a person who does not have the appropriate authority to do so, so the pre-trial procedure may be considered not to have been followed.

Required evidence

If human rights and freedoms are violated, this is grounds for going to court. In this case, you can demand to recover not only material, but also moral damage. Typically, the parties should try to resolve the dispute amicably before going to court. To comply with the established procedure, you will need to submit a claim. If it is not satisfied or ignored, it is necessary to prepare a statement of claim.

The courts consider the following issues:

• reimbursement of expenses;
• compensation for moral damage;
• recovery of damages.

Moreover, compensation for moral damage can only be done in court. The statement of claim will need to be prepared correctly. It must contain not only a description of the circumstances that prompted the application to the authorized body, but also evidence confirming the rightness of the plaintiff. The most difficult thing is with moral damage.

Video

To confirm his presence, the plaintiff may request the appointment of the following examinations or immediately submit their conclusions:

• psychiatry;
• psychology;
• neuropathology;
• general medicine.

Experts can confirm or deny the presence of moral suffering. The final word always remains with the court. The individual characteristics of the person, his personal characteristics, circumstances identified during the trial, as well as other nuances are taken into account. The provisions of Article 151 of the Civil Code of the Russian Federation are taken into account.

The evidence can be presented as:

• audio and video recordings;
• correspondence between the parties;
• documented testimony;
• expert opinions.

The content of the statement of claim can be presented as a statement of factual circumstances, legal justification and evidence base. The text should not have an emotional connotation. Even if it is present, it will not affect the final decision. If damage is caused, claims of a material nature must be confirmed by documents, contracts, and legal norms.

Video

Experts advise attaching the following information to the statement of claim:

• recordings from CCTV cameras;
• documented witness statements;
• audio files from a voice recorder or phone.

It is acceptable to include in the list other evidence confirming the damage caused.

How to choose an authority

In such a case, the main thing is to correctly determine the jurisdiction. This means that the applicant must apply to the appropriate court, which has sufficient powers to consider such an issue. Copies of the statement of claim must be designed for all persons who take part in the case.

List of authorities to which the claim is filed:

Determining the cost of the claim and the amount of state duty

In order for the court to agree to consider the claims, it is necessary to provide a state fee. Its cost directly depends on the price of the claim, which is the monetary expression of the stated claims. It directly depends on the harm caused, as well as the costs that the person has incurred. If a positive verdict is reached, the costs of paying the state fee are borne by the defendant. However, the plaintiff must initially provide it. The corresponding requirement is enshrined in Article 98 of the Code of Civil Procedure of the Russian Federation.

Please note: In practice, the requirements may only be partially met. In this case, legal costs are divided between the parties in proportion to the claims satisfied. The principle of equality of parties before the court always applies.

When the legal proceedings are completed, but the verdict is not satisfactory, the parties have the right to file an appeal or cassation. In this case, the state fee differs from the costs that were incurred by the party when considering the case in the first instance. A higher authority may agree with the original decision, reverse it in whole or in part, or order a new investigation. The amount of the state duty depends on the decision made.

Video

To calculate the payment to the state correctly, you need to use a special calculator. It is usually posted on the website of the judiciary. Additionally, you can perform the calculation yourself. It is necessary to be guided by the requirements of Article 333.19 of the Tax Code of the Russian Federation.

Definition of the defendant

If a person files a claim for property damage, it is not enough to simply say that the person named as the defendant is at fault for what happened. It will be necessary to provide evidence to verify that the person’s actions actually led to the described consequences. If the damage occurred during a criminal offense, a civil claim may be brought forward during the case. If a conviction is made in the main proceedings, this will entail satisfaction of claims for material and moral damages.

Video

Persons who violated the terms of an agreement or business transaction are brought to civil liability. If damage is caused by an employee during the performance of his work duties, the corresponding liability is assigned to the employer. There is the possibility of filing a recourse claim. If it is satisfied, the employee is obliged to reimburse the expenses incurred by the employer in compensating for the harm caused by the citizen.

Please note: According to the law, not only individuals, but also state and municipal bodies can be held accountable. If the requirements are satisfied, the funds are written off from the budget of the appropriate level.

What documents will be needed

A whole set of documents will be required as an appendix to a claim for damages, since each party is obliged to prove its position in court (Article 132 of the Code of Civil Procedure of the Russian Federation):

• documents confirming what happened, the guilt of the causer of the damage, the direct connection between his actions and the damage caused (documents of the competent authorities: resolutions, conclusions, acts, etc.);
• a conclusion on the degree of disability, the diagnosis, existing injuries, other medical documents on the harm caused and the necessary treatment (medical and outpatient records, extracts from them, etc.);
• documents confirming expenses (checks, receipts, etc.), calculation of lost earnings, which is calculated as the difference between average earnings and income received during the treatment period;
• certificate of sending documents to the defendant (which he does not have).

Claimants in cases of compensation for damage are exempt from paying state fees.