How to determine the fact of damage to an employee’s property? One of our employees, with our consent, used his own laptop in his work. Recently it was discovered that the specified laptop was accidentally damaged by our contractors. The employee demands compensation for damage caused to him for damaged property. How legitimate are the employee’s demands?

Answer

In order to receive compensation for damage, the fact of damage to the employee’s property must be recorded with appropriate documents.

As a rule, in practice, the fact of damage to an employee’s property is documented in a memo from the latter addressed to the head of the organization.

Misconceptions that prevent you from collecting

Such a note indicates the circumstances under which the damage was caused, the date and time of the event, as well as a list of damaged property.

Upon receipt of the report, the employer should draw up an act of damage to the employee’s property.

This document will subsequently allow the employer to hold financially liable an employee through whose fault another employee is harmed.

The employer, based on the above documents, can conduct an investigation to establish the causes of the incident and identify the perpetrators.

In accordance with Part 3 of Art. 235 of the Labor Code of the Russian Federation, an employee’s application for compensation for damage is sent to the employer, who is obliged to consider it and make an appropriate decision within ten days from the date of receipt of the application.

The statement, as a rule, indicates the circumstances of the damage to the employee’s property, the cost of the damage, or a request for compensation in kind.

It should be noted that Part 3 of Art. 235 of the Labor Code of the Russian Federation does not establish within what period from the date of discovery of damage the employee must contact the employer with such a statement.

Consequently, it can be submitted at any time, including after termination of the employment contract, since in accordance with Part 3 of Art. 232 of the Labor Code of the Russian Federation, termination of an employment contract after causing damage does not entail the release of the party to the contract from financial liability.

In case of refusal to satisfy the employee’s claims for compensation for damage, if the employee does not agree with the employer’s decision or if he does not receive a response within the established period, he has the right to apply to the court for protection of his rights within the general limitation period - 3 years (Article 196 of the Civil Code of the Russian Federation ).

Based on the employee’s written application, an order is issued for the employer to reimburse the cost of damage caused to the employee’s property.

The order should indicate a list of the employee’s property that suffered damage and the amount of payment.

The issuance of this order is also necessary if compensation is carried out not on the basis of an employee’s application, but by a court decision. In this case, the order should reflect the details of this decision.

An employer may compensate for damage to an employee's property once it is clear that the damage has occurred, regardless of whether the employee makes a claim for damages or not.

By agreement of the parties, damage may be compensated in kind.

For example, in this case, your company can repair a laptop in-house or pay for it to a third party.

If an employer with whom an employee has an employment relationship causes damage to the property of this employee not in connection with this relationship, this damage is subject to compensation on the basis of Art. 1064, 1068, 1079 of the Civil Code of the Russian Federation.

Expert group of the magazine "Human Resources Directory"

If damage occurs, the victim has the opportunity to receive compensation. By law, compensation for material damage can be made within three years from the moment it was caused. However, it is better not to delay filing a claim, because the more time passes, the more difficult it will be to prove the amount of losses.

It is necessary to prove that damage was caused and confirm its extent. If the car is damaged as a result of an accident, then without a report from the appraisers, as well as checks and receipts, compensation will not be received.

The victim has two options: calculate the losses himself or contact an appraisal organization.

What is material damage

Material harm is an act committed towards the victim, which led to damage to his property. Actions can be carried out purposefully or through negligence. The fact of causing harm is confirmed by documents (inspection reports, expert opinions) and witness testimony. Damage is compensated if its value can be proven. But there are two cases when compensation is not paid (Article 1073 of the Civil Code):

• there is evidence that the plaintiff’s actions caused the losses;
• The cause of damage is force majeure circumstances - fire, earthquake, etc.

Varieties

The circumstances of harm and types of losses vary. To receive compensation, you need to correctly qualify the act. There are several ways to distinguish between material damage:

1. Depending on the circumstances and method of infliction. For example, if losses are caused during the execution of a contract, then the procedure for paying compensation is determined by its terms. When damage occurs outside the contract, the compensation mechanism defined in Chapter 59 of the Civil Code is activated.
2. According to the object of damage. The property of a citizen or organization may be damaged.
3. By the subject who caused the harm. The state, a source of increased danger, a minor and other entities can cause harm.

The victim has the opportunity to choose where to send the claim: in the territory where the defendant is located or in the place where the harm was caused.

Collection cases

Here are some loss situations:

• provision of poor quality services;
• Commission of crime;
• traffic accident;
• negligent omission.

Separately, the law stipulates cases of harm in the workplace:

• an employee with whom a liability agreement has been signed;
• causing harm with intent;
• causing losses by an employee who is intoxicated;
• committing an administrative offense.

There are only two forms of payment of compensation - cash and in kind. Victims are most often interested in receiving monetary compensation.

How to act correctly

To compensate for the damage caused, follow the steps below:

1. Collect evidence.
2. File a claim.
3. Pay the state fee.
4. File a lawsuit.
5. Be present during the hearing of the case.
6. Get a court decision.

It is not always possible to recover exactly the compensation that the plaintiff expects. The court takes into account the property status of the defendant and the presence of dependents. For example, the harm-doer’s health has deteriorated and he has filed for disability. As a result, income decreased, which means there is a basis for applying for a reduction in the amount of compensation. By the way, only individuals can ask for a reduction in compensation taking into account their financial situation. individuals, organizations do not have such an opportunity.

Compensation for damage is the elimination of negative consequences from the impact on the property or person of the person who caused the damage. To receive compensation, you must prove the following circumstances:

• fact of damage;
• size;
• the presence of the offender’s guilt;
• connection between the offender’s actions and negative consequences. The causer of the damage is considered to be at fault unless he proves otherwise.

Often, along with material damage, moral damage is caused. For example, in the event of an accident, damage can be caused not only to property, but also to human health. The victim is forced to spend money on medicines and doctors, and remains unemployed for some time. Along with material damage, you can apply for compensation for moral damage.

What documents may be required

A necessary condition for compensation for damage is the availability of documents:

• certificates from a medical institution - extracts from a medical card, bulletins, certificates of an ambulance call;
• conclusions of psychologists and neurologists about what kind of moral damage was caused;
• expert report confirming the amount of damage. For example, when an apartment is flooded, it is difficult to determine what damages have been caused without an expert opinion;
• receipts and checks confirming expenses for repairs and restoration of property value;
• video and audio recordings of the incident;
• documents confirming the incident. In the event of an accident, this is a protocol drawn up by representatives of the traffic police;
• receipts and agreements signed by the parties;
• acts of state bodies to prosecute the violator or refusal to initiate proceedings;
• copies of contracts if damage was caused due to poor quality of services.

If harm was caused in labor relations, there will be a set of documents for claiming compensation. The rule is relevant not only for Russia, but also for other countries, for example, Ukraine. Collection is carried out subject to the following conditions:

• retention does not exceed average earnings. Full financial liability occurs only when a corresponding agreement is signed with the employee;
• the order is issued no later than one month from the date of determining the amount of damage;
• the collection procedure established by the Labor Code is followed.

When a penalty is imposed in violation of the requirements of the Labor Code of the Russian Federation, the employee who was able to cause harm can challenge the fine in court. It is assumed that the financially responsible persons - cashiers, accountants - are at fault. They must prove that they are not guilty of damage or loss of property, or they will be punished under the relevant article of the Labor Code.

How to determine the amount of damage caused

When determining the amount of compensation, the following circumstances are taken into account:

• inventory value of property;
• period of delay in execution. For example, when calculating arrears of alimony, each day of delay is taken into account. If the deadline for the provision of services is violated, penalties will be charged for each day of delay;
• expenses incurred by the victim;
• amounts indicated in the experts' report.

Important! Damage can be calculated, but lost profits are a hypothetical concept. The Supreme Court explained that the amount is determined based on the costs that the creditor would have incurred in the event of fulfillment of the obligation (Plenum Resolution No. 6/8).

Features of filing a claim

When drawing up a statement of claim, a simple rule applies: if you want to force the defendant to compensate for damage, you need to justify each claim.

10 main points of the claim:

• name of the court;
• last name, first name, patronymic, telephone number of the plaintiff, residential address;
• information about the defendant;
• the name of the application - for example, a claim for compensation for damage caused as a result of an accident;
• the circumstances under which the damage was caused - the place, time and date of the crime. It must be clarified that the basis for filing a claim is the infliction of material damage;
• description of the sequence of events;
• amount of damage. Market prices are indicated if it is not possible to independently calculate the amount of damage;
• actions taken by the applicant to resolve the problem peacefully;
• list of applications;
• signature and date. The claim must be signed by the applicant himself or his representative.

In order for the judge to accept the claim for consideration, the following documents must be attached to the application:

• receipt of payment of state duty;
• a copy of statements regarding the number of persons participating in the case;
• calculation of the amount of damage;
• power of attorney for a representative.

The requirements for filing a claim are determined by Articles 131 and 132 of the Civil Procedure Code. If the amount of claims is less than 50 thousand rubles, the claim is filed in the magistrate court, and in excess of 50 thousand rubles - in the district court.

There are several life hacks on how to write a competent statement of claim:

1. Avoid offensive language towards the defendant and the judge.
2. Collect as much evidence as possible to compensate for material damage - not only documents, but also witness statements and material evidence will do.
3. State the essence of the problem neutrally and competently.
4. Keep the statement of harm to two or three pages.
5. Indicate in the claim on what basis you insist on compensation for damage (references to articles of law are needed).

You can submit the claim to the court office in person or send it by mail. If you win your case, you can apply for costs.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

This time we will dwell in more detail on compensation for real damage.

1. What is real damage and how does it occur.

In short, then real damage is one of the types of losses, along with lost profits.

Based on paragraph 2 of Article 15 of the Civil Code of the Russian Federation, real damage is the expenses that a person whose right has been violated has made or will have to make to restore the violated right, as well as loss or damage to the person’s property.

In accordance with Article 393 of the Civil Code of the Russian Federation, the Debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of the obligation.

In this case (clause 2 of Article 307 of the Civil Code of the Russian Federation), obligations arise from the contract, as a result of causing harm and from other grounds specified in the Civil Code of the Russian Federation. As other grounds, Article 8 of the Civil Code of the Russian Federation (“Grounds for the emergence of civil rights and obligations”) specifies: decisions of meetings, acts of state bodies and local governments, which are provided by law as the basis for the emergence of civil rights and obligations; events with which the law or other legal act connects the onset of civil consequences, etc.

2. What and how to prove when collecting real damage.

When filing a claim for compensation for actual damage, the plaintiff will be faced with the need to prove:

a) illegality of the actions (inaction) of the defendant,

b) the fact of causing damage and its size,

c) a cause-and-effect relationship between the actions (inaction) of the defendant and the resulting damage.

The type and amount of evidence that the plaintiff needs to collect will depend on what the damage was caused - property was damaged or lost, any payments were made, etc.

According to paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation”, When resolving disputes related to compensation for losses caused citizens and legal entities with a violation of their rights, it is necessary to keep in mind that the actual damage includes not only the expenses actually incurred by the relevant person, but also the expenses that this person will have to make to restore the violated right (clause 2 of Article 15 of the Civil Code).

The need for such expenses and their estimated amount must be confirmed by a reasonable calculation, evidence, which can be an estimate (calculation) of the costs of eliminating deficiencies in goods, works, services; an agreement defining the amount of liability for violation of obligations, etc.

When proving the fact and amount of damage, one should also take into account the provisions of paragraph 49 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation ", according to which "When considering cases related to compensation for losses caused by non-fulfillment or improper fulfillment of obligations, it is necessary to take into account that, in accordance with Article 15, both losses incurred at the time of filing the claim and expenses that the party will have to pay are subject to compensation incur to restore the violated right.

Therefore, if a violated right can be restored in kind by purchasing certain things (goods) or performing work (providing services), the cost of the corresponding things (goods), work or services must be determined according to the rules of paragraph 3 of Article 393 of the Code and in cases where at the time of filing a claim or making a decision, the actual costs have not yet been incurred by the creditor.”

Let us remind you that according to clause 3 of Art. 393 of the Civil Code of the Russian Federation, unless otherwise provided by law, other legal acts or contract, when determining damages, the prices that existed in the place where the obligation should have been fulfilled are taken into account on the day the debtor voluntarily satisfied the creditor’s claim, and if the demand was voluntarily satisfied not was - on the day the claim was filed. Based on the circumstances, the court may satisfy the claim for damages, taking into account the prices existing on the day of the decision.

3. What must be taken into account when collecting actual damages?

A person whose rights have been violated may demand full compensation for the losses caused to him,unless the law or contract provides for compensation for damages in a smaller amount(Clause 1 of Article 15 of the Civil Code of the Russian Federation).This provision should be considered in conjunction with the provisions of Article 400 of the Civil Code of the Russian Federation (“Limitation of the amount of liability for obligations”): 1. For certain types of obligations and for obligations associated with a certain type of activity, the law may limit the right to full compensation for losses(limited liability). 2. An agreement to limit the amount of liability of the debtor under an adhesion agreement or another agreement in which the creditor is a citizen acting as a consumer is void, if the amount of liability for a given type of obligation or for a given violation is determined by law and if the agreement was concluded before the occurrence of circumstances entailing liability for non-fulfillment or improper fulfillment of the obligation.

Examples of legal restrictions on the amount of liability of a debtor:

a) The heir (legal successor) of a participant in a general partnership is liable for the obligations of the partnership to third parties, for which, in accordance with paragraph 2 of Article 75 of the Civil Code of the Russian Federation, the retired participant would be liable, within the limits of the property of the retired participant of the partnership transferred to him (Article 78 of the Civil Code of the Russian Federation).

b) In accordance with Article 354 of the Merchant Shipping Code, the liability of the shipowner and salvor is limited to the requirements provided for in Article 355 of the Code of Merchant Shipping.

c) If a penalty is established for non-fulfillment or improper fulfillment of an obligation, then losses are compensated in the part not covered by the penalty. The law or contract may provide for cases: when it is allowed to collect only a penalty, but not losses; when damages can be recovered in full in excess of the penalty; when, at the choice of the creditor, either a penalty or damages can be recovered. An example of a “penalty” is contained in clause 6. Article 17 of the Federal Law “On Financial Lease (Leasing)” No. 164-FZ: if a penalty is provided for the untimely return of the leased asset to the lessor, losses may be recovered from the lessee in the full amount in excess of the penalty, unless otherwise provided by the leasing agreement.

Please note that interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation) is always of an offset nature, that is, losses are recovered only to the extent not covered by the amount of these interests (clause 2 of Article 395 of the Civil Code of the Russian Federation, clause 50 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated July 1, 1996).

Losses caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local government bodies or officials of these bodies, including the issuance of an act of a state body or local government body that does not comply with the law or other legal act, are subject to compensation by the Russian Federation, the corresponding subject of the Russian Federation or municipal entity (Article 16 of the Civil Code of the Russian Federation).

4. Some excerpts from judicial practice to illustrate the above points.

1) Failure to prove a cause-and-effect relationship when collecting damages. The court overturned the court decisions taken in the case regarding the recovery of funds from the buyer-debtor in compensation for actual damage and lost profits under the repurchase agreement, indicating that the seller-creditor did not prove the occurrence of losses due to the failure or improper performance by the debtor of obligations to return the securities (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 19, 2013 N 13893/12).

2) The claim for compensation for losses caused to the plaintiff in connection with improper storage of property seized by the federal executive body was satisfied, since the transfer of such property by the said body for storage to a third party does not relieve the Russian Federation from liability for losses caused due to the failure of the federal executive body to provide proper storage of seized property. Wherein real damage calculated by the plaintiff as the difference between the purchase price and the price of the actual sale of spoiled vegetables, and the lost profit - based on the sale price of vegetables of good quality existing on the market, minus the purchase price of vegetables and transportation and procurement costs (From the Review of the practice of consideration of cases of compensation by arbitration courts harm caused by state bodies, local government bodies, as well as their officials, Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2011 N 145).

3) Based on Part 1 of Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of the common property in the apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building. Having examined and assessed the evidence in the case in its entirety and interrelation, the court found that the damage to the plaintiff’s property occurred as a result of an accident on the pipeline of the cold water supply system. Under such circumstances, the court rightfully satisfied the Company’s claim, collecting in its favor from the house management company 160,489 rubles 06 kopecks of actual damage and 87,405 rubles 69 kopecks of lost profits ( Resolution of the Federal Arbitration Court of the Volga-Vyatka District of March 13, 2014 N F01-13568/13 in case N A43-7800/2013).

4) The courts did not give a proper assessment to the defendant’s arguments regarding causal connection between the actions of the defendant and the occurrence of consequences in the form of harm to the plaintiff. It follows from the Technical Conclusion that as the cause of the collision of the diesel locomotive with the cars, which resulted in damage to the plaintiff, the presence of violations is indicated not only in the actions (inactions) of the defendant, but also in the customer, who, under the terms of the agreement concluded with the defendant, undertakes to give the defendant instructions on the use diesel locomotive Under such circumstances, the decision and resolution adopted in the case cannot be recognized as legal, and therefore, they are subject to cancellation and the case is sent for a new trial to the court of first instance to consider the stated claims on the stated grounds, establish the factual circumstances of the case, study and evaluate the presented claims. case of evidence. ( Resolution of the Federal Arbitration Court of the Moscow District of March 18, 2014 N F05-1704/14 in case N A40-87016/2013).

5) The reference of the applicant of the cassation appeal in the person of the bankruptcy trustee to the impossibility of determining the amount of losses due to the fact that the agreement concluded with the participant in shared construction was not terminated is not accepted by the court of cassation, since the provisions of the Bankruptcy Law do not contain a prohibition on determining the amount of losses in in the form of actual damage even if the construction participant did not refuse to fulfill the contract. In addition, in Art. 201.6 of the Bankruptcy Law, changes have been made, taking into account which construction participants, in terms of requirements for the transfer of residential premises, have the right to participate in meetings of creditors and have the number of votes determined based on the amount paid by the construction participant to the developer under an agreement providing for the transfer of residential premises, and (or ) the cost of the property transferred to the developer, as well as the amount of losses in the form of actual damage, determined in accordance with clause 2 of Art. 201.5 of the Bankruptcy Law. All this taken together indicates that the fact that the construction participant has requirements for the transfer of residential premises and the presence of an unterminated agreement for shared participation in construction is not an obstacle to establishing the amount of losses in the form of actual damage. ( Resolution of the Federal Arbitration Court of the Ural District dated February 18, 2014 N F09-3448/12 in case N A50-14741/2010).

If some person has caused damage to the property of a citizen or private entrepreneur or legal entity, it must be assessed and compensated, and in full. This is required by law. The causer of harm becomes the guilty and responsible party, as indicated in Art. 1064 of the Civil Code of the Russian Federation.

How to avoid liability for damage caused?

In general cases, the law does not relieve the guilty person from the obligation to compensate for losses. However, the person who directly caused the harm has the right to use legal support in court to prove his innocence. And the fact that he is involved in negative events is not controversial.

1. There is no personal fault of the subject in causing the loss. For example, a person is not to blame for breaking a window because another citizen pushed him:

• hurrying somewhere;
• drunk;
• provoking conflict.

2. The injured party itself asked to perform certain actions, which subsequently led to the infliction of losses on it.

3. The victim agreed to perform certain actions. In the future, he cannot claim compensation for damages. Although his lawyer will prove in court that the harm-doer:

• misled the client;
• did not report possible consequences.

For example, a craftsman performing work at the entrance asked the owner of one of the apartments to keep the solvent in bulk containers until tomorrow, and paid a little for storage. But the solvent left by the master in the corner of someone else’s apartment spilled and ruined the floor and walls. In addition, the owner had to move out of this apartment for a while due to air poisoning.

Here, both sides of the conflict will need serious legal assistance. On the one hand, there was no reason for the apartment owner to agree to the storage of solvent in his home; on the other hand, the master may claim that the owner of the apartment himself turned it over or opened the can and then spilled it.

However, the owner of the apartment will claim that he was deliberately misled, since the unscrupulous master acted in conspiracy with his ill-wisher. The liquid placed in a warm room increased the pressure, squeezed out the lid, and spilled. The professional should have foreseen this.

4. A competent lawyer defending a harm-doer will need to prove that his client has not in any way violated the moral principles of society. That is, the accused person is a good citizen, and causing harm is not a deliberate act.

5. Force majeure situations may arise when a person intentionally causes damage to someone else’s property in order, for example, to save his life or preserve the health of other people. This means causing harm in a state of extreme necessity.

However, in such cases, compensation for damage is usually assigned not to the direct causer, but to a third party, in whose interests the accused caused damage to the owner of the property.

For example, to save a man who fell through a river with thin ice, a passer-by used someone else's boat. After breaking through the ice with this boat, he reached a citizen in trouble and saved him, the means of salvation itself finally became unusable. In such cases, the court takes into account:

• factor of surprise;
• degree of danger;
• the expediency of using this particular means to save human life, etc.

A decision may be made to release all involved persons from compensation for damages:

• fully;
• partially (Article 1067 of the Civil Code of the Russian Federation).

Or maybe they will have to compensate for the damage jointly.

6. Damage will not be compensated if it was caused in a state of necessary defense. However, the limits of self-defense should not be exceeded (Article 1066 of the Civil Code of the Russian Federation).

7. The victim himself could provoke another person to cause harm to himself (Article 1083 of the Civil Code of the Russian Federation).

The most common example: a citizen crosses the roadway of a street not in the crossing zone. A speeding car hits him slightly, but a traffic violation is recorded. There is mutual guilt of the participants in the accident. The court will seriously investigate to take into account the degree of guilt of each participant.

However, it may turn out that the pedestrian himself provoked the collision, as he has done this more than once in order to further blackmail the car owner. Then he will not receive compensation.

8. The court has the right to fully exempt the guilty person from paying the compensation amount or order a payment in a reduced amount if the guilty person is himself a needy person. But this is only possible if the person causing the damage did not act intentionally, deliberately, deliberately.

9. The victim behaved extremely carelessly and damaged things that belonged to him. Then the court will consider it possible:

• significantly reduce the amount of payments;
• place all responsibility for the incident on the injured plaintiff.

A common everyday example would be gatherings on a painted bench with a warning sign installed on it (or nearby), the presence of which the citizen ignored.

Regression requirement

The employer, through whose fault the damage was caused, is obliged to repay this debt to the victim. However, the entrepreneur did not perform the work himself, but hired specialists. And he did not give instructions to harm a client or a random person. Directly caused losses:

• master;
• handyman;
• driver;
• official or other person officially performing duties.

In this situation, the law allows a recourse claim to be made against the specific culprit of the incident. The amount of such a claim must not exceed the amount already paid for the assigned compensation.

Consequences of joint harm

The main culprit of the harm caused compensated the losses to the injured person. However, after this he gets the opportunity to claim part of the funds paid from the remaining guilty parties.

1. The degree of guilt of each participant can be determined by a commission created by the employer himself. Such a condition may be specified in a collective labor agreement.

2. A special agreement may be concluded, according to which team responsibility is assigned for causing damage to the employer. Then the brigade pays the money (Article 245 of the Labor Code of the Russian Federation). Members of the team have the opportunity to independently determine which of them is more guilty than others.

3. If it is not possible to determine which of the causes of damage is to a greater or lesser extent, then payment is made in equal shares.

Mandatory compensation

Damage to an organization, individual entrepreneur or individual must be compensated if it was caused by illegal actions (noted due to inaction):

• officials working in government structures;
• employees of self-government bodies (municipal structures);
• judges who made an unlawful decision;
• prosecutor, investigator, interrogator.

The same situation applies to the structures themselves:

• state;
• municipal.

Forms of compensation for harm

The law provides many ways to resolve a conflict. However, a highly qualified civil law lawyer invites the client and the representative of the other party to sit down at the negotiating table and then try to resolve the problem peacefully.

If the parties cannot calmly agree, then the question of the degree of guilt of the defendant and the amount of damage will be decided by the judge. An experienced lawyer will try, depending on the situation and the client’s position, to achieve:

• appointment of payments in full;
• maximum reduction of the amount indicated for payment;
• reducing the share of responsibility of a particular individual;
• making excuses for your employer.

1. The injured person is given items corresponding to the lost:

• in count;
• by quality.

2. The culprit of the conflict personally or at his own expense corrects the damaged item.

3. The item is so damaged that it cannot be restored. Then it is assessed and this amount must be compensated.

4. The owner of a damaged item that continues to be in working condition, understanding that the court will award an amount less than required, agrees to partial compensation.

5. A person who has suffered losses due to someone else’s fault has the right to demand compensation for lost income. Here the court takes into account the conditions of civil circulation that apply in ordinary situations.

For example, due to the fault of the hired driver, the car was detained by a traffic inspector, and the owner subsequently had to dispose of the perishable goods.

Then the driver will have to pay the cost of the damaged goods not at the purchase price, but at the market price. After all, the businessman was going to sell the specified products, took out a loan to purchase them, paid for delivery, loading, storage, expected to receive income and start developing the business. There is a loss of profit (clause 2 of article 15 of the Civil Code of the Russian Federation).

6. The person at fault who caused the damage managed to receive income related to this event. Then the injured party has the right to demand payment of an additional amount, which may be even higher than what was initially established. Such events are often associated with both unfair competition and the use of someone else's intellectual property.

Mutual demands coming from the employee and the employer

Today, workers are more protected than before. Russian legislation in this sense is not bad, but it must be used skillfully. To do this, you need not only to learn to read the articles of the Labor Code of the Russian Federation, but also to skillfully interpret them, as well as understand the legal system.

It is clear that an ordinary employee is unlikely to be able to prove that he is right. Therefore, people use legal assistance to win lawsuits. If the employer declares that the employee caused him damage (Article 238 of the Labor Code of the Russian Federation), then the defendant, in turn, will be able to confirm the events indicated in Art. 239 of the Labor Code of the Russian Federation and avoid liability.

Moreover, a hired employee who still intends to quit will indicate to the employer the damage that has already been caused to his property (Article 235 of the Labor Code of the Russian Federation). However, such a counterclaim follows:

• justify convincingly;
• confirm with testimony;
• document;
• correctly indicate in the claim.

The employer will have to compensate for the damage either in kind or in money. Moreover, the cost of the item will be calculated at the time of its damage at the market price established in the given area.

However, the judge does not always take into account the requirements outlined in this counterclaim. A procedure has been established according to which the employee is first obliged to use a pre-trial method of resolving the dispute and send an application to the employer demanding that he be allocated a compensation amount.

The employer considers such an application for no more than 10 days. If his decision does not satisfy the hired employee, then the injured person can only file a justified claim in court.

By the way, the employer does not have the opportunity to claim lost income from a negligent employee. Damages for lost profits are not recoverable because the hired employee worked in the same structure, which means that the employer who hired him is owed a much larger share of the total liability. He had the opportunity to foresee all negative scenarios, since the employee was under his command.

Direct actual damages are an important legal concept. It means that due to the actions (inaction) of the employee, the employer’s property:

• worsened his condition;
• decreased in volume or quantity;
• required replacement and restoration.

Also, the employee could cause damage to the property of third parties associated with his employer by agreements. We are talking about buyers, customers, suppliers, manufacturers, and other contractors.

However, the employee will be able to avoid liability if the lawyer involved manages to prove that the damage was caused due to:

• normal (generally accepted) economic risk;
• necessary defense;
• occurrence of force majeure;
• extreme necessity.

In addition, the employee is not obliged to answer for damage or loss of property entrusted to him, if the employer himself has not created the appropriate conditions to preserve his own property.

For example, a thrifty entrepreneur left only one guard with a whistle to guard an object located over a large area, promising to provide more serious weapons and send help by evening. However, he did none of this. And at night, the attackers beat up a lonely, completely helpless watchman and took away valuable property.

Here, the employer cannot make any claims against a person who was unable to protect the entrusted property. But a watchman who has suffered due to the irresponsible behavior of his employer will definitely file a claim.

Additional requirements

The plaintiff can only include in the claim items relating to compensation for lost property and lost profits if he is engaged in business. But in addition to these points, claims for compensation for moral damage are allowed.

At the same time, only a private entrepreneur has the right to put forward all three demands, since a legal entity (that is, an organization) cannot incur moral damages, and a citizen who is not officially engaged in business does not incur losses due to non-receipt of income.

Although he can claim that at the time of the loss (for example, an accident occurred), he had just agreed to get a job or organize his own business, and now, due to temporary disability, he is losing the expected benefit. However, such a position is unlikely to convince the court, since the presented amount, derived from the calculation of the expected benefit, is not supported by facts.

On the other hand, a legal entity has the right to demand compensation for damage caused to its reputation. This is a kind of compensation for moral damage, although in the legislation of the Russian Federation this position is interpreted differently. But an honest entrepreneur can demand compensation for moral damage caused to him not as a businessman, but as a citizen.

Filing a claim

Let an experienced lawyer handle this matter. He knows exactly what should be included in such a serious document, and what requirements may be unnecessary. General requirements for documents and the method of their provision are outlined in Articles 131 of the Code of Civil Procedure of the Russian Federation, 132 of the Code of Civil Procedure of the Russian Federation.

Both the plaintiff and the defendant should understand that such cases are complex. It is necessary to establish the fact of causing damage, identify the perpetrators, calculate the amount of material losses, and collect evidence of moral damage, which also requires compensation.

Neither party to the conflict can cope with such a task without the help of a competent lawyer. This means that the person who takes advantage of extensive legal support will win the process.