The legislation provides for various ways to restore the violated rights of subjects. One of them is direct compensation for losses. Let us further consider the norm by which it is established.
Art. 15 Civil Code
Compensation for losses incurred to a person as a result of violation of his rights is carried out in full, unless a smaller amount of compensation is provided for by an agreement or law. As such losses are the costs that the subject will have to make or have already made to restore his financial situation. Unearned profit that a person would receive under normal conditions of turnover if his rights had not been violated is also recognized as loss. Art. 15 of the Civil Code of the Russian Federation also provides for the possibility of the victim to claim compensation for lost profits. It is the income that the violator of the law received as a result of his unlawful actions.
Art. 15 of the Civil Code of the Russian Federation with comments
In the considered norm, the concept of property losses is associated with an offense and is regarded as one of the categories of legal liability. Meanwhile, it should be noted that a different interpretation of losses is quite common. Often they mean negative consequences for a person’s property status. They are expressed in the need to incur certain expenses or in maintaining the material sphere unchanged, while it should expand. Moreover, the imposition of the obligation to compensate for losses in such cases cannot be regarded as a form of prosecution. In part 1 of Art. 15 of the Civil Code of the Russian Federation establishes the opportunity to demand full compensation. As a general rule, recovery of losses in a larger volume will lead to unjust enrichment. Meanwhile, there are many exceptions to it. At the same time, they are installed both in one and in the other direction. For example, compensation of forfeit over losses is allowed.
Less contractual recovery
Article 15 of the Civil Code of the Russian Federation contains the possibility of establishing legislation or an agreement of compensation in a smaller amount than the losses suffered by the victims. The formulation of restrictions related to the collection is a fairly common phenomenon in law. For example, under an agreement on the provision of services for a fee, the customer can refuse them provided that the expenses actually incurred by the contractor are reimbursed. In case of loss or shortage of cargo, the carrier must compensate for the cost of the lost or missing volume.
The restriction established by Article 15 of the Civil Code of the Russian Federation is specified by 717 norms. It determines that, in addition to the payment to the contractor of the part provided for in the agreement, the cost is proportional to the amount of work performed prior to receipt of notice of the customer’s refusal, the latter must compensate for losses resulting from the termination of the contractual relationship. In this case, collection is carried out within the difference between the price for the service and part of the amount already paid. This norm does not provide an exception to the general procedure for compensation and does not relieve the plaintiff of the obligation to prove the existence of losses. It only limits the amount of recovery if the actual damage is higher than the limit established by law.
Legal limits of liability
The most general procedure is established in 401 norms (clause 4). In accordance with it, an agreement signed in advance on limiting or eliminating liability for intentionally violating an obligation is considered null and void. After infringement of rights, intentionally including, in practice, a situation of limitation of liability is possible. For example, this is achieved through a settlement. Limitation of liability takes place when establishing an exceptional penalty.
The relevant agreement may be concluded both before and after the occurrence of losses. The law or the contract may establish compensation for losses in a smaller amount, but it is not allowed to provide for the possibility of recovering a larger amount than the expenses incurred, or to indicate the inadmissibility of compensation.
Real damage
P. 2, Art. 15 of the Civil Code of the Russian Federation divides losses into two categories. One of them is real damage. It is expressed primarily in the costs that the victim will incur in restoring his right. In this case, in Art. 15 of the Civil Code of the Russian Federation refer to different situations. They are connected both with the termination, but with the possibility of restoration of law, and with the continuation of its existence, but in a deformed form. For example, a subject has acquired an item of inadequate quality. Accordingly, the costs of correction of defects are assumed or already incurred.
Important point
Judicial practice in cases of compensation for losses is quite extensive. In the public domain there are many examples of statements of claim, decisions on disputes. The subject can independently begin the process. However, in some cases it is advisable to consult a lawyer. At the first meeting, as a rule, free legal advice is given. During it, the main issues of the proceedings will be explained. In particular, the plaintiff should take into account that the need for costs to be recovered, their estimated value should be justified by calculation and other documents. For example, it may be costing for the elimination of defects, an agreement establishing the amount of liability for the violator of obligations, and so on.
Loss of property
This is another form of expression of real damage under Art. 15 of the Civil Code of the Russian Federation. The property is primarily material objects. Damage is expressed in the disappearance (death) of a thing. This, in turn, leads to a decrease in the property sphere. In addition, the real damage under Art. 15 of the Civil Code should be considered termination of rights if they cannot be restored. Compensation for losses in these situations is expressed in cash.
Example
The partnership filed a lawsuit demanding to oblige the company to transfer 2 apartments in kind, according to the contract of participation. During consideration of the application by the defendant, the claims were accepted. However, the subject referred to the impossibility of fulfilling the assumed obligation, since the house in which the apartments were located was populated. In accordance with the situation, the plaintiff changed the subject of the application and claimed compensation for losses in the form of the cost of housing. The trial court satisfied the claims. The defendant was recovered the amount of the estimated cost of apartments at the date of signing the contract.
The plaintiff, disputing this decision, pointed out that compensation in view of inflation does not allow the purchase of two equivalent living spaces. Accordingly, there was an obstacle to the restoration of his rights. By decision of the appellate court, changes were made to the decision. In particular, an amount sufficient to purchase apartments of a similar quality to those that should have been transferred to him under the contract was recovered in favor of the applicant. The court was guided primarily by Art. 15 of the Civil Code of the Russian Federation. In establishing the amount of damage, additional rules 393 of the rule were applied (paragraph 3).
Lost profit
Unearned profit is expressed in the supposed (imaginable) replenishment of the property sphere of the victim, which would have occurred in the normal course of events, if his right had not been violated. According to experts, the provision of the second paragraph of the considered norm is applicable in a rather limited number of cases. In practice, it is quite difficult, and in many situations it is impossible to prove the receipt of profit by the violator of the law and to justify its size.
Case specifics
When considering cases in which the conflict arises from tax or other administrative and financial relations, it is necessary to take into account that the provisions of civil law are applicable to them only if the corresponding possibility is established by norms. Judicial practice is based on the fact that organizations and citizens, in accordance with the rules of art. 15, has the right to make claims for compensation for damage that arose in connection with the unjustified imposition of economic sanctions by the Federal Tax Service, customs authorities, pricing regulatory bodies, and other government institutions.
Compensation for damage as a measure of protection
The collection may be carried out in order to ensure the protection of any subjective right (exclusive, property, obligation). In this case, the presence / absence of instructions on this subject in special standards does not matter. Compensation for damage acts as a universal method of protecting the interests of the victim. This is expressed in the fact that losses can be compensated simultaneously with the imposition of a forfeit, interest on the use of other people's money, and so on. In some cases, compensation for damage is carried out along with the application of other sanctions established by law. This provision refutes the widespread opinion that it is inadmissible to use two or more punishments for one violation.
Conclusion
In practical terms, the recovery of compensation is considered a rather laborious affair. This is due not so much to the complexity of the substantive provisions that apply to such cases, but to the existence of assessment categories that need to be understood. The burden of proof of damage lies with the claimant. He needs to confirm not only the fact of its occurrence, but also the substantive right to compensation, the absence of obstacles for recovery, the amount of losses, and so on.
Free legal advice will only reveal the tip of the iceberg on such matters. But if the subject is really ready to go all the way in the matter of restoring his rights, then it is advisable to use the services of a lawyer. A lawyer will not only help to understand the situation, draw up a lawsuit correctly, but will also explain possible options for the development of events. Particular attention will be paid to calculations. The amount of damages claimed must be proportionate to the violation. This does not mean that the entity can claim compensation only for specific actual damage. He has the right to count on a large amount, if such an opportunity is defined in the contract or the legislation.