According to the Civil Code of the Russian Federation, a statement of claim for the recovery of moral damage and material damage is a classic claim to protect the rights of citizens and obtain compensation for moral damage. The application has a number of features depending on the relationship between the accused and the applicant - an employed citizen is charged monetary compensation, a participant in an accident is compensated for financial, moral damage, etc.
Let's figure out how to file a claim and where to file it.
Rules for writing a statement of claim to court
An application submitted in order to compensate for material and moral damage is submitted in the place where the accused is registered.
On an A4 page please indicate:
- the court in which the claim for moral damage is filed;
- information about the citizen filing a claim in court and the accused;
- cost of claim.
In the middle part of the paper the phrase “Statement of Claim...” is written, and then the essence of the case is stated. The information put on paper will depend on what caused the claim. When writing a statement to the court for moral damages, describe the situation that happened. If there was mental harm, please indicate.
When describing a situation, it is advisable to express yourself with restraint and correctness. Rely on the facts that you can prove. When an illegal situation is described, it is advisable to refer to articles of the Civil Code of the Russian Federation: and 1100, as well as Art. Code of Criminal Procedure of the Russian Federation. These articles state that there is a right to file a claim in the higher courts.
Next, write the word “I ask” and below indicate what you want from the defendant. If there is one defendant, one set of papers in the form of a copy is sufficient. If there are two or more defendants, then the number of copies must correspond.
The paper ends with a signature and date of composition.
Description of harm caused
When filing a claim for compensation for moral damage and material damage, rely on the rules of civil law from the Civil Code and articles of the Code of Civil Procedure of the Russian Federation. The plaintiff in material matters is the owner who suffered the damage. The plaintiff may have a financial relationship with the accused - rent out premises, transfer valuables for storage, and so on.
Also describe in the claim the type of property that was damaged, how, and what was affected. For example, loss, damage to things. Justify how the defendant gained access to the property. In the claim, indicate the calculation of damages. If you cannot calculate it yourself, contact an appraiser for help.
If we talk about moral harm caused by a crime, we note that the crime is committed both unconsciously and intentionally. In each case, the suffering of the citizen is implied. This includes moral damages for beatings, and moral damages for insulting a person, and so on.
When considering a case based on a claim for compensation for health damage and compensation for moral damage, a citizen has the right to count on a sum of money.
The document must meet certain requirements:
- it is stated that the citizen actually suffered moral damage. Moreover, both physical and psychological effects are taken into account;
- describe the actions that led to the violation of the plaintiff’s rights. The document describes the relationship between the damage and the actions of the accused;
- indicate whether the accused was guilty and what it was;
- a claim for compensation is attached to the remaining documentation.
A citizen in such a claim has the right to funds in two categories - physical and moral.
Sample statement of claim for compensation for moral damage with commentary
Central District Court of...
654000, ..., st. ...
according to Art. 24, Art. 29 of the Code of Civil Procedure, a civil case for compensation for moral damage is considered by a court of general jurisdiction (district, city) at the place of residence of the plaintiff
PLAINTIFF: Full name
Registered at: ... registered address at the place of residence
Tel.
RESPONDENT: Full name
Registered at: registered address at the place of residence
Tel.
CLAIM PRICE: 000,000 (amount in words) rubles
STATEMENT OF CLAIM
on the recovery of compensation for causing moral damage
To recover compensation for moral damage, 4 conditions must be present
1) the presence of moral harm (physical and moral suffering);
2) illegality of the actions (inaction) of the offender;
3) a cause-and-effect relationship between the actions of the offender and the harm;
4) the guilt of the offender;
A statement of the circumstances under which moral harm (physical and moral suffering) was caused. The description should be short and concise with dates, coordinates of participants, eyewitnesses and details of the harm.
On June 16, 2014, I called the defendant A.G. Demidov, who is the ex-husband of my wife, Full Name, and asked him to bring their common child, Full Name, to our home after the day off. Full name of the defendant promised to come, my wife full name and I went out to wait near the entrance. When he brought his son, full name, he suddenly got out of the car with a bat and started beating me in front of the child and his wife, who was pregnant at that time. My wife and her son could not come to their senses for a long time. The child was hysterical. The wife was in a state of shock. At night I felt bad and had to call an ambulance.
Cause and effect can be established, for example, by a court verdict, which explains that it was the defendant’s actions that caused the plaintiff’s injuries and distress. The court's verdict also established the fact that the defendant caused harm to the plaintiff's health as a result of illegal actions. The guilt of the harm-doer can also be established by a court verdict, as in this case. There are cases when the presence of guilt does not matter, for example, when the provisions of Art. 1079 of the Civil Code of the Russian Federation.
I contacted the police with a statement to bring criminal charges against the defendant. As a result of the investigation, the defendant, full name, was brought to criminal liability. On September 11, 2014, by decision of the central court of the city ... the defendant, full name, was found guilty of committing a crime under Part 1 of Art. 111 of the Criminal Code of the Russian Federation and was sentenced to serve a suspended sentence of 3 years in prison with a probationary period of 3 years.
As a result of his criminal actions, I suffered moderate harm to my health, as determined by the conclusion of the expert commission. Diagnosis: closed fracture of the right tibia without displacement. Closed fracture of the left ulna in the i/z. Bruises of the tissues of the head and limbs. Harm to health is confirmed by various medical documents (initial examination, discharge summary, medical record, examination report, etc.). A person’s experiences can also be confirmed by a psychologist’s report. This document is not unimportant evidence, since a psychologist, better than any testimony of witnesses and the victim, will explain the state of the plaintiff as a professional.
The actions of the accused caused me moral harm, expressed in physical and moral suffering. The injuries caused, in addition to terrible pain, caused long-term painful treatment. I constantly experienced and periodically continue to experience pain, malaise, and weakness. I cannot walk for a long time, it is extremely difficult for me to sit. I get tired easily. I was forced to go on sick leave from June 18, 2014 to September 11, 2014, which is why my family, including the defendant’s child, found themselves in a difficult financial situation. We literally didn't have enough money for basic necessities, let alone medicine for me. Full name (wife) needed specialized food, vitamins, etc. The actions of the defendant also made my parents worry, and given their advanced age, I, in turn, was very worried about them.
Moral feelings were expressed in severe shock, experiences associated with the inability to continue an active social life. I was worried about my wife and parents, who were shocked by the actions of the defendant, and were forced to look after me. Full name (child) slept poorly and cried. I was forced to go back to work much earlier than I really felt recovered, because there was not enough money to live on. I constantly worry about my health and how these injuries will affect my future. Will I be able to recover completely, will I be able to take care of my family.
During the trial in criminal proceedings, the defendant, full name, behaved defiantly, there was no talk of apologizing arrogantly.
The amount of compensation must be justified, reasonable and fair and determined taking into account the nature of the physical and moral suffering of the plaintiff, his individual characteristics, as well as the degree of guilt of the defendant (when guilt is the basis for compensation for harm.
I estimate the moral damage caused to me in the amount of 000,000 (... thousand) rubles, since this amount will be enough to restore my health, including providing adequate nutrition, sanatorium treatment and other restorative measures.
In accordance with Article 151, 1064, Civil Code of the Russian Federation,
ASK:
to recover from the defendant, full name, in my favor compensation for moral damage in the amount of 000,000 (...thousand) rubles.
Application:
1. A copy of the statement of claim.
2. A copy of the court verdict.
3. A copy of an extract from the medical history.
4. Receipt for payment of state duty.
Date Signature
Example of a claim
To answer the question of how to draw up a statement of claim, decide what kind of document you want to draw up. Will it be a document about moral or material harm. The statement of claim for compensation for material damage and moral harm consists of three parts.
The first part is the title. The following data is entered here:
- the name of the higher courts to which the application is submitted;
- information on the applicant and the accused;
- the cost of the claim or compensation sought by the plaintiff;
- if the statement of claim is not filed personally by the plaintiff, then write down information about the representative and provide a power of attorney.
The next part is informational. Basic information about the case is written here. This part depends on what kind of application is being made. If this is a claim for compensation for moral damages due to beatings, then describe exactly under what circumstances the crime occurred. The defamation claim will include the words of the defendant. Remember that it is advisable to describe only those events that can be proven.
The information part contains the following information:
- the circumstances that led to the current circumstances;
- compensation that the citizen expects;
- what exactly the applicant wants from the defendant;
- how these requirements are justified;
- additional information about the court case, if available.
The third part is the final one. Please include the following information:
- documentation that is attached to the case (receipt for payment of state duty, medical
- certificates confirming your correctness documents: expert opinions, checks, invoices and others);
- performing calculations of the amount claimed;
- if there is a representative from one or the other party - their power of attorney.
- autograph and the number on which the paper is written.
A sample statement of claim for compensation for moral damage is presented on our website.
As for material compensation, it’s even simpler here. If you don’t know how much to demand from the plaintiff, then call an appraisal company that will calculate the exact cost.
Sample statement of claim for compensation for material damage:
Procedure for receiving compensation
The current legislation of the Russian Federation provides that a person who has suffered moral harm can receive compensation both as a result of the trial and in pre-trial proceedings. Let us note that when settling such cases out of court, you should not count on a significant amount of compensation.
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Based on this, if you want to receive adequate compensation for the moral damage caused to you by illegal actions, you must file an appropriate civil lawsuit. In this case, you will need to follow a fairly simple procedure.
With the exception of cases provided for in Article 1100 of the Civil Code of the Russian Federation, it is necessary to establish guilt in committing an unlawful act, as a result of which you suffered moral harm.
It is necessary to assess the amount of moral suffering you have endured. In this case, you should take into account only those of them that you can confirm with any documents.
In addition, a clear causal link must be established between the wrongful act the defendant committed and the suffering you suffered.
When calculating it, you should focus on the actual costs incurred in eliminating the consequences of the harm caused.
Attention! You should actively participate in the trial, during the proceedings prove the legality of your claims, make various motions, give assessments, and so on.
Wait for the court decision to come into force or, if it was not made in your favor, challenge it in a higher court.
Get the compensation you are entitled to. If the losing party refuses to voluntarily execute a court decision that has entered into legal force, contact the territorial division of the Federal Bailiff Service to force it to execute this decision.
The main role in obtaining compensation for moral damage caused to you is given to a well-drafted statement of claim and an evidence base that will confirm the legitimacy of the claims you have made.
State duty when filing a claim
In order to calculate the amount of the state fee that must be paid before filing your claim for compensation for moral damage to the court, it should be taken into account that, in accordance with the current legislation of the Russian Federation, claims for compensation for moral damage are classified as claims of a non-property nature.
Based on this, the amount of the state duty is clearly established in subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. For legal entities, the state fee for filing such a claim will be 6,000 rubles, and for individuals - 300 rubles.
Watch the video. How to file a claim in court yourself:
Statute of limitations
Please note! In accordance with the provisions of Articles 208 and 1101 of the Civil Code of the Russian Federation, claims for compensation for moral damage do not have a statute of limitations.
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But despite this, claims for compensation for moral damage can only be satisfied for the three years preceding the filing of the claim. The court may also grant the losing party a deferment or installment plan to pay you compensation.
It should be noted that if the court decided to grant a deferment or installment plan, then the limitation period does not apply to the indexation of compensation. In this case, indexation will be carried out based on the provisions of Articles 203 and 208 of the Civil Procedure Code of the Russian Federation.
Amount of compensation
The current legislation of the Russian Federation has not established the maximum allowable amount of compensation for moral damage caused. This clearly follows from the provisions of Article 151 of the Civil Code of the Russian Federation. In accordance with it, a citizen who has suffered moral harm independently determines the amount of compensation in monetary terms.
And the court to which he will file a claim for compensation for moral damage caused will consider the question of how much the amount of compensation corresponds to the degree of moral damage caused to the citizen.
In this case, the court must take into account the degree of suffering experienced by the plaintiff (both moral and physical), based on his individual characteristics.
It must be emphasized that despite the fact that it is the plaintiff who assesses the amount of moral damage caused to him and determines the monetary equivalent of compensation, the court will independently determine the amount of compensation that, by its decision, the defendant will be obliged to pay. In this case, the court, when deciding on the amount of such compensation, must be guided by the principles of reasonableness and proportionality.
Therefore, the main task of the plaintiff is to substantiate as competently as possible the amount of compensation that he requested in the filed statement of claim.
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Where to contact
To figure out where to apply, figure out what kind of claim you are making. You can recover for moral damages in different instances. This is both a district court and a magistrate court. A lawsuit in court for libel or other matters is considered at the place of the person who violated the law. If it is unknown where the defendant lives, then the documentation is submitted to where the applicant is registered.
The magistrate does not consider non-property proceedings. The court will take up the case only if, in addition to material compensation, there are claims for property. As for the justices of the peace, they will handle cases involving compensation in an amount not exceeding twenty-five thousand rubles. Article 23 of the Code of Civil Procedure of the Russian Federation states that cases involving amounts of one hundred thousand rubles are additionally considered. If the amount of the reward exceeds the specified amount, then the case is transferred to the district higher courts.
You can submit your application either at the reception office or by mail. The only thing you need to do in advance is to pay the state fee.
Sequencing:
- determine the district court to which you will appeal;
- draw up an application, collect and attach a package of documents;
- take the collected information to the court.
Evidence of damage in court
In order to receive compensation for the moral damage you have suffered, you will need to prove the existence of a direct cause-and-effect relationship between this damage and the suffering, physical or moral, that the unlawful actions of the defendant caused you, since, based on Article 151 of the Civil Code of the Russian Federation, this suffering causes that moral damage , for which you are seeking compensation.
To prove the defendant's guilt, you can use any means. Such evidence includes: testimony of witnesses, sentences and court decisions that have entered into force, explanations given by the parties, opinions of expert organizations, various material evidence, including written evidence.
There are many possibilities for describing the moral harm caused to you, and there are also many ways to prove it. But it should be noted that not all of them are recognized by the courts as indisputable. The most significant evidence confirming the infliction of moral damage is the long-term incapacity of the plaintiff or his disability, which resulted from the commission of an unlawful act by the defendant.
In this case, as evidence, you can use certificates received from various medical institutions where you were treated: emergency rooms, hospitals, hospitals, clinics, and so on. You can also provide an extract from the medical history, an examination report by doctors, or a conclusion from a forensic expert.
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Attention! It should be emphasized that the courts believe that the more significant damage to the plaintiff’s health was caused, the greater physical suffering he had to endure. Therefore, in order to prove that you suffered moral harm, you will need to prove during the trial that you had to experience severe physical pain due to the unlawful actions of the defendant.
Let us note that if there is a criminal prosecution of a person who has caused you certain suffering, then compensation for the moral damage caused to you will be recovered from him by force of law.
If moral damage was caused to you as a result of an insult, then as evidence you can use audio and video materials that record the moment of the insult, eyewitness testimony, and if you were insulted in writing, you should provide the court with written material containing it is an insult.
To substantiate your claims for compensation for moral damage, you can also provide the court with documents confirming the facts of your appeals to psychologists, psychiatrists and other specialists to whom you were forced to turn after the defendant committed an unlawful act against you.
If, as a result of the unlawful actions of the defendant, your personal or family secrets were disclosed, your honor and dignity or business reputation were discredited, as a result of which you cannot enjoy a full social life, this impossibility is also evidence.
Deadlines for submission and review
How to prove moral damage in court if you do not file a claim for moral damage in time? Judicial practice shows that citizens forget about the statute of limitations. If property-type losses occur, then the statute of limitations, according to Article 196 of the Civil Code of the Russian Federation, is three years. During this time, a citizen can apply for justice.
But according to the Civil Code of the Russian Federation, the three-year period has nothing to do with moral damage, so a complaint can be filed at any time no later than 10 years.
Compensation assessment
When collecting compensation, the amount of money will directly depend on the plaintiff, namely on the degree of his offense, character traits, and health status.
To calculate moral damage in the optimal amount, focus on the following nuances:
- Justice and cold reason. Thus, the highest authority does not satisfy the claim, which requires too expensive compensation. Compensation cannot be collected for the purpose of enriching the applicant.
- Whatever the trial, the judge is obliged to find out how financially secure the accused is.
Do not think that since this is compensation, any cost will be paid. Confirm the selected amount of funds requested. Provide medical certificates as evidence.
State duty
The state duty for a claim for compensation for moral damage is calculated in a special way. When a citizen has suffered morally, he should pay the state fee initially - even before the proceedings begin. This is evidenced by Art. 333.19 of the Civil Code of the Russian Federation and Court Resolution No. 10.
For a legal entity, the state duty is 6,000 rubles, for an individual – 300 rubles.
If you submit documentation to the highest courts for decisions not only of a moral, but also of a property nature, then pay two state fees to compensate for the proceedings on two issues at once. A citizen does not pay state duty when a criminal offense has been committed.
Submitting a claim for consideration
Jurisdiction of cases considered on claims for compensation for moral damage:
- The magistrate considers applications provided that the value of these requirements does not exceed 50,000 rubles.
- The district court accepts claims whose value is more than 50,000 rubles.
More information on how to go to court to recover moral damages can be found at https://lexconsult.online/5946-instruktsiya-v-kakih-sluchayah-kak-mozhno-podat-v-sud-za-moralnyi- usherb.
Please note: the maximum amount of payment for causing moral damage is not established by the legislator, so the plaintiff independently determines the amount in the application. The final decision on what compensation the defendant will pay is made by the court.
