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.
Jurisdiction and jurisdiction of the claim
Disputes regarding compensation are resolved both in district courts and in magistrates' courts. Claims for moral damage are considered at the place of residence of the defendant, but if his current place of residence is unknown, then at the place of residence of the plaintiff.
It is worth remembering that non-property claims will not be considered in the magistrate's court - only if there are property claims in the case of moral damage.
Magistrates, in turn, will only consider cases with compensation that does not exceed 25 thousand rubles . In some special cases, magistrates can also consider cases with compensation up to 100 thousand rubles .
If the amount of the claim is higher, then the application is submitted exclusively to the district court.
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.
How to correctly draw up a claim for compensation for moral damages
Although the current legislation of the Russian Federation has not established strict requirements for the form of a statement of claim for the recovery of moral damages, there are certain recommendations on what form this document should have and what information it should contain.
It should begin with a section that is commonly called the “header of the document.” It is written in the upper right corner of the sheet. This section contains the full name of the court to which your claim will be filed.
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As the plaintiff's data, please indicate your last name, first name and patronymic, registration address and permanent residence address, if it does not coincide with the registration address, information about your identification document, and a telephone number at which you can be contacted. About the defendant, provide the same information as about the plaintiff, or at least all the part of it known to you.
After the header is completed, step back a little and write the name of the document in the center of the sheet - “Statement of Claim.”
Attention! Under the name of the document its main part is written. It is there that you provide as much detail and as briefly as possible information about what led to the violation of your legal rights and interests, for example, your health was harmed, you were insulted, or a family secret was disclosed, and so on.
Also list all the circumstances of what happened. State in detail what unlawful actions of the defendant led to your physical or mental harm.
In the next section, set out the requirements that the defendant must satisfy. After this comes a section that provides information about the cost of the claim being filed.
If you have made attempts to resolve the situation out of court, you must describe in detail what measures you took to achieve this and what results they led to.
Before you sign the statement of claim with your own handwritten signature, list all the materials and documents attached to it:
- Be sure to attach copies of it to the statement of claim (one for each party to the case), including the defendant and third parties;
- various evidence that confirms the legitimacy of the claims put forward by the plaintiff and the circumstances of the incident. Testimonies of witnesses to the incident, various documents, photo and video recording materials, independent expert data, and so on can be used as evidence;
- a financial document confirming that you have paid the state fee;
- if the plaintiff is represented by a lawyer or other legal representative, attach a duly certified copy of the power of attorney issued by the plaintiff to this person.
View the completed sample claim for compensation for moral damage:
You can download the statement of claim in .doc format here.
Features of the application
The application, drawn up, of course, in writing, must be signed either personally by the plaintiff or by his representative.
The claim must contain the following points:
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- the name of the court that is considering this application;
- Full name of the plaintiff with current place of residence;
- Full name of the accused, also with the indicated place of residence (if the claim is directed at an enterprise, then you need to indicate the name and location);
- demands that are put forward to the defendant (references to regulations, laws and legal acts);
- grounds for filing a claim - here you need to indicate evidence of the circumstances when moral harm was caused;
- claims relating to other property claims (that which is included in the claim and does not relate to compensation for emotional distress);
- written evidence of an attempt at a peaceful, pre-trial resolution of the issue (what was said above);
- attached documents and a list of them.
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During the consideration process, the court will be required to send copies of the claim to all participants in this case, as well as copies of additional documents.
Grounds for compensation
Before you go to court and file a lawsuit demanding compensation for previously caused moral damage, you should understand the meaning of this term. Based on the provisions of the Civil Code of the Russian Federation, this concept has the following interpretation.
Important! Moral damage can represent both physical and moral suffering that was caused to a citizen as a result of the actions or inaction of third parties, provided that they violated his personal non-property benefits or as a result of them there was an encroachment on intangible benefits belonging to the citizen by right of ownership. This interpretation of the term “moral damage” follows from the provisions of Article 151 of the Civil Code of the Russian Federation.
It should be noted that actions refer to various illegal acts that fall under the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation.
This can be beatings, bodily harm of varying degrees of severity, murder, violent acts of a sexual nature, and so on, provided that as a result of this the victim was caused not only physical suffering, but also his psycho-emotional state was disturbed. For example, in the case of the murder of a husband, the victim who suffered moral harm will be the wife.
During the criminal trial, in addition to demanding the imprisonment of the person accused of committing this unlawful act, she can demand compensation for the moral suffering she experienced as a result of the murder of a loved one.
In addition, compensation for moral damage can be obtained in the case where a person suffered as a result of attacks on his intangible benefits, which are listed in Part 1 of Article 150 of the Civil Code of the Russian Federation.
Such intangible benefits include:
- family or personal secret of a citizen;
- honor and dignity of the individual;
- life and health;
- good name and business reputation;
- inviolability of person and home;
- freedom of movement and choice of place of residence;
- copyright and related rights;
- other intangible benefits belonging to the citizen.
If a citizen whose non-material rights were violated passes away, his heirs can defend them in court and receive appropriate compensation.
Documents for the statement of claim
Based on the provisions of Article 132 of the Civil Procedure Code of the Russian Federation, attach the following materials to the statement of claim for recovery of moral damages:
- a financial document confirming the fact of payment of the state fee;
- copies of the statement of claim in an amount sufficient for all participants in the process, including third parties;
- materials confirming the circumstances of the incident;
- if you have attempted to resolve the conflict out of court, attach all materials related to this attempt;
- calculation of the amount that is offered as compensation for moral damage;
- a properly executed power of attorney, if your legal representative will participate in the process.
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.
Application for compensation
Moral damage is compensated according to the rules of civil liability , regardless of the type of offense that caused it.
A request for compensation may be submitted :
- in addition to the plaintiff's property claims ;
- within the framework of criminal proceedings;
- as a separate proceeding.
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In the latter case, claims are often made that were not presented in other processes due to ignorance of this possibility or lack of confidence in their ability to defend their rights.
Claim for compensation
In itself, the emergence of the right to compensate for moral damage does not arise involuntarily; it must be declared during the proceedings.
You can try to resolve the case outside of court by filing a claim against the violator.
You can file a claim yourself or use the services of a lawyer.
The header contains the recipient's details and your contacts. It is based on a description of the essence of the claim . Next, you need to put forward demands, not forgetting to appeal by law. At the end, put the date and signature.
How to prove moral damages in court?
Any citizen can go to court for compensation. His request will be granted if it is proven that :
- moral damage arose due to the activity/inactivity of another person ;
- there was guilt or negligence of the offender ;
- there is a direct relationship between the first and second points.
When the conditions of at least one point are not met, the claim will be rejected.
Also, claims filed in violation of the requirement of jurisdiction of cases are not subject to consideration.
Under civil liability rules, the burden of proof rests on the plaintiff. Therefore, it will be necessary to provide the court with the most convincing documents confirming the fact of causing moral suffering and the guilt of the defendant.
The very presence of suffering can be confirmed by :
- medical reports , certificates, reports from medical specialists on the studies performed;
- engaging a medical specialist as an expert;
- testimony of relatives, friends, colleagues.
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.
