Penalty is one way to restore the rights of a citizen or organization. It is used by both authorities and participants in civil matters. How is this measure applied and are there any restrictions prescribed by law?
Measures to protect rights and interests
Civil law is the industry that regulates relations, primarily in the field of property relations. The regulation of intangible goods is characterized by the desire to value them in monetary terms.
Recovery is the collection of funds. For example, they are often asked to collect debt for utility bills.
Another means is to recognize the defendant's obligation to perform certain actions. For example, to transfer keys for the possibility of visiting the apartment, to remove false information from the specified source, to issue a refutation.
Material losses
Losses are understood as material losses. The law provides real damage and loss of profits. Real losses mean the price of the lost property or the cost of its repair. Loss of profits includes an assessment of the benefits that the plaintiff would have had if not for the unlawful actions of the defendant.
Recovery is a way to recover the losses caused or to recover them at least partially.
Moral injury
Compensation for losses caused by suffering and suffering is implied. Their cause may be any actions that do not necessarily affect the property of the plaintiff. The law obliges the court not to associate the amount of non-pecuniary damage directly with the amount of material losses. However, this is happening. In a situation with moral damages, recovery is a means of only partially compensating for a person’s loss.
Grounds for recovery
Civil law provides several reasons for such actions:
- violation of obligations (failure to fulfill the terms of the contract or its unfair performance);
- damage to property;
- causing harm to human health or life;
- moral harm;
- unjust enrichment.
It should be noted that the application for recovery is submitted in accordance with the norms of other branches of law (family, land, labor, etc.).
Reclamation method
Executive authorities have the right to take coercive measures within their powers. But they do not include the imposition of obligations to transfer property or cash.
Only the court has exclusive powers to enforce upon the application of a citizen, organization or authority in favor of the treasury or private individuals.
The procedure is structured as follows:
- a statement is sent to the court, drawn up in accordance with the requirements of the procedural law (agribusiness, civil procedure Code);
- the judge examines it and decides to recover.
There are 3 options: full, partial recovery or denial of it. The case may go through all available instances, and the decision will be repeatedly reviewed or canceled.
The foreclosure ends with the enforcement procedure. Its feature is the prohibition on officials to refuse the procedure or to evade it.
Drawing up a statement to the court
The claim for collection is filed with the court in electronic or paper form, an approximate list of requirements for it is as follows:
- name of court;
- information about the plaintiff (full F. I.O., place of residence);
- information about the defendant (full F. I.O., place of residence);
- a description of the circumstances of the case, why and to what extent the debt arose;
- calculation of the amount of debt;
- claim requirements;
- a list of attached documents (in particular, a receipt confirming payment of the state fee);
- date and signature of the plaintiff or his representative.
Copies of documents are prepared according to the number of participants in the trial. As a rule, the parties to the process are the plaintiff and the defendant. Sometimes third parties are involved whose interests may be affected in the future. State duty is paid depending on the amount collected.
Calculation of the amount of debt
The amount of debt includes, in addition to the amount itself, interest, interest. For some categories of cases there is a methodology for calculating the amount of debt. For example, electricity consumption entails the collection of an amount calculated according to a special formula. And the plaintiff has no right to go beyond its framework. The court is obliged to verify the correctness of charges.
Methods for calculating the amount claimed are approved by other regulatory acts. As it was written above, a separate line for a claim for recovery and not only - legal expenses (costs of legal assistance, payment of state fees, forensic examination, payment of the arrival of a witness or representative to the trial, etc.).
Finally
Collection is one of the most popular ways to protect the rights of citizens and organizations. Its purpose is to make up for property losses. Compensation for non-pecuniary damage is less frequently affected. The collection is carried out in court. The case is considered on the basis of a lawsuit filed by the injured party. State bodies are also entitled to represent representatives of interests.