to the Federal State Unitary Enterprise "Russian Post" on the recovery of losses, penalties, compensation for moral damage within the framework of consumer rights protection

How can you file a lawsuit yourself?

Individuals and legal entities can file a claim in court independently. There are three ways to file a claim:

1. In person to the court office.
2. By post.
3. Through the Internet.

The period for consideration of the application in all cases is fixed - 5 working days from the date of its registration. After this, the court makes a decision - to initiate a case in the first instance or to refuse to initiate a case. However, if the court is very busy, the claim may be postponed by sending a corresponding application to the plaintiff.

In cases where the applicant files a claim on his own without a lawyer, he must learn about the outcome of the case himself. He can track information about the progress of the case by calling the office, or track information on the website.

By Russian Post

A completed claim can be sent to the court in several ways, one of them is to send it by mail. An inventory of the contents must be included in the envelope along with the package of documents. This eliminates the chance of losing some documents.

The envelope is sent by registered mail with notification. After the envelope is delivered to the addressee, the plaintiff will receive a notification with the date of receipt and the recipient's signature.

Online

Since 2021, a new Procedure for filing applications in courts of general jurisdiction has come into force. Now you can file a claim online through your personal account on State Services. To do this, the applicant must have a personal profile on the official website or an electronic digital signature.

The claim is submitted in the form of an electronic document, printed and signed with an electronic signature, or in the form of an electronic image of a document drawn up on paper and scanned in PDF format. To verify it, you need a simple electronic signature or an enhanced qualified electronic signature. A simple signature is an unified identification and authentication system required for authorization on State Services.

To submit documents, you need to log in to the portal, go to the “Justice” section and submit an appeal.

The plaintiff must select the name of the judicial authority from among the institutions presented on the site.

Then select the type of application and attach documents by clicking “Attachments to application”.

Evgeniy Baidalin

Practicing lawyer in civil and arbitration cases. More than 8 years of experience

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Don't forget to attach a copy of the receipt for payment of the state duty.

If the plaintiff falls into the category of citizens who are exempt from the obligation to pay state fees, he needs to check the appropriate box.

After entering all the data on the site, click the “Generate application” button. The deadlines for consideration of a claim are indicated on the website. We attach instructions in the form of screenshots

Through the court office

You can submit your application yourself on one of the reception days. All accompanying documents and copies are attached to the document. The form is submitted to the court office by the plaintiff or his authorized representative.

Recall a parcel back from Russian Post: methods, terms, cost

Plus, the services of the postal service itself are also paid for. After submitting an application, the buyer will receive a notification that his goods have been processed and shipped. When the parcel arrives at the specified location and department, he will receive a notification. A number of advantages and disadvantages follow from the above.

The seller risks the following:

• He also bears the costs if the customer refuses and decides to send the package back.
• It's a waste of time and money to mail a package.
• Payment made at the post office by the customer himself waits a long time if he decides to pick up the parcel.

The consumer, in addition to the order itself, pays for delivery by mail. In addition, he is obliged, at the request of the sender, to pay him the amount for returning the goods (according to the Civil Code). By the way, on our website there is an article about how Russian Post.

If suddenly you didn’t know yet, then we advise you to read the article about.

Step-by-step instructions for filing a claim in court 2021

The document must clearly describe the reason without lyrical digressions and unnecessary emotions. The use of jargon and derogatory words is unacceptable. The application should not be longer than three pages. Deviation from the rules established by law is permitted in special situations.

In order to properly prepare a claim, you must comply with the requirements of the Code of Civil Procedure of the Russian Federation.

Step 1. Preparation for compilation

Before filing a statement of claim, make sure that the law does not provide for a different procedure for resolving the dispute.

Check if the statute of limitations has expired

By law, the statute of limitations is three years. If it has expired, the court will not consider the case upon the Defendant’s statement about missing the ID deadline. There are also exceptional times:

• for example, cases of illegal dismissal of an employee can be considered within 1 month after dismissal;
• a claim against the developer can be brought within up to 2 years from the date of detection of violations under Art. 724 Civil Code of the Russian Federation.

Cases of mandatory pre-trial procedure

The claim procedure is mandatory in situations provided for by law or contract:

• if it is necessary to recover funds under an agreement or other transaction, including situations involving unjust enrichment;
• on concluding, amending and terminating a contract;
• on obligatory payments and sanctions, tax arrears;
• when appealing tax decisions;
• on disputes regarding violation of exclusive rights;
• on disputes regarding payment under compulsory motor liability insurance;
• in disputes with travel companies regarding poor-quality services provided;
• and other cases established by legal regulations.

The procedure itself provides two solutions:

1. A claim is submitted and the possibility of concluding an agreement is offered.
2. A complaint is filed with the administrative authority.

Evgeniy Baidalin

Practicing lawyer in civil and arbitration cases. More than 8 years of experience

Ask a Question

If this stage is skipped, the court has the right not to consider the claim or return it to the applicant.

Does the case relate to writ proceedings?

Sometimes, instead of filing a claim in court according to the general rules of legal procedure, the applicant needs to ask for a court order. Similar situations arise if disputes concern transactions regarding receipts, alimony or unpaid wages.

In such cases there are no plaintiffs and defendants. Cases are considered in a simplified manner. The judge personally issues the order without proceedings or notice to the parties.

The applicant submits the court order to the FSSP as a writ of execution.

The order is issued within 5 days by the magistrate court, 10 days by the arbitration court.

Step 2 Formulate a requirement

Before filing a claim in court, you need to consider your requirements and predict your expectations. If the requirement is not formulated at least schematically, it is impossible to understand which court will consider the application.

During the proceedings, the requirement can be changed, as well as the circumstances of the case. But it is impossible to change both the requirement and the evidence for it at the same time.

Step 3 Identify the parties to the dispute and the court

The plaintiff is not the only participant in the case. There is always another party, and in some cases a third party. The plaintiff must inform the court of all parties involved, identifying them before filing a lawsuit.

The claim can only be brought against the specific person responsible under the law, and not against the offender or enemy. To correctly determine the defendant, the situation is transferred from colloquial language to legal language. To do this, the plaintiff answers the questions:

1. In whose name the contract was concluded, who is indicated in the check, acceptance certificate or other document.
2. Who received material or moral benefits.
3. Who is the defendant from a legal point of view?

The other party may be an individual or legal entity: a private company, public association, government, city, administrative entity or state. In addition, a claim can be brought against not one defendant, but several.

In some cases, third parties may be involved in the claim. These are citizens or organizations whose interests may suffer due to a court decision. If there are such persons, they must be indicated in the application so that they do not file an appeal upon completion of the case.

Also, in some cases the prosecutor must participate. The judge invites him if necessary.

Each participant in the process and the court is provided with a claim and copies of documents attached to it. The application shall indicate the contact information of the defendant and third parties:

• FULL NAME;
• registration address;
• phone number, you can also add an email.

Evgeniy Baidalin

Practicing lawyer in civil and arbitration cases. More than 8 years of experience

Ask a Question

If it is impossible to find this information on their own, the plaintiff can ask the court to send a request.

To which court should the claim be sent?

In Art. 3 of the Code of Civil Procedure of the Russian Federation specifies the characteristics of jurisdiction and jurisdiction. In accordance with these standards:

• the claim is filed at the place of residence of the defendant, if he is an individual;
• if his place of residence cannot be determined, the claim is filed at the location of his property;
• if it is also impossible to find out this information, the plaintiff can apply to the court at the last location of the defendant.

A claim against a legal entity is transferred to the place of registration of the enterprise.

When preparing a statement of claim, you must also determine which court of jurisdiction you need to apply to:

1. Magistrate's Court. Considers divorce proceedings in the absence of children, property disputes up to 50,000 rubles, situations to establish the procedure for using property.
2. District Court. Considers all other cases with some exceptions.
3. Arbitration court. Deals with economic disputes related to commercial and economic activities.

Step 4 Prepare documents attached to the claim

In addition to the claim, evidence and other papers listed in the Code of Civil Procedure of the Russian Federation are sent to the court:

• check for payment of state duty;
• power of attorney, if the interests of the plaintiff are represented by another person;
• a document confirming that the pre-trial procedure has been followed;
• evidence of the basis of the claims;
• calculation of the amount of the claim;
• postal receipt, notification and inventory of delivery of the statement of claim;
• documents confirming the attempt at reconciliation.

Step 5 Cost of claim and payment of state duty

The amount of the claim, expressed in money, is considered by the plaintiff. Traditionally, the amount of the application is considered to be the sum of the debt, the penalty for it and the fine. The amount depends on:

• subject of the claim;
• jurisdiction of the court;
• amount of claim;
• availability of the right to benefits in payment of state duty.

If the application indicates a demand to reclaim property, the amount of the claim is determined by its price. In cases related to alimony, the amount of debt for the year is indicated. If the claim cannot be assessed, it is equated to non-property.

For non-property disputes, the amount of the state duty is fixed; for property disputes, it is calculated depending on the value of the claim. The easiest way to calculate the amount of state duty is using the calculator here https://yurist.life/.

Step 6 File a claim

The claim is drawn up in the prescribed form. The header indicates the name of the court, details of the plaintiff and defendant. The content may be divided into several subsections.

First, the circumstances of the case are described in strict chronology. Then procedural issues are highlighted, and then the applicant’s position, supported by legislative norms, is outlined. At the end, the plaintiff's demands are indicated.

Step 7 Send to the parties in the case and register with the court

A copy of the statement of claim is sent to the defendants and the third party before the first meeting (before filing the claim in court). The plaintiff himself must attach attachments to the claim in accordance with the number of participants.

The claim can be filed in court in any convenient way. Within 5 days from the moment the claim is submitted to the court, it must be accepted for proceedings or refused to be considered.

Question for a lawyer

What happens if you make a mistake when drawing up or filing a claim?

If there are errors in the claim, the court may refuse to consider the process. If the plaintiff discovers an error or typo in the document, he has the opportunity under Art. 39 of the Code of Civil Procedure of the Russian Federation, send an updated claim, which indicates updated information where you made a mistake, or write an addition to the document if something was missed. In addition, if the court refused to accept the appeal due to errors, the applicant can re-submit the document after eliminating all the shortcomings. If you are refused again, you can send a complaint to a higher institution. However, achieving a positive result is difficult. To avoid mistakes, we recommend filing a statement of claim with a lawyer.

Where to complain about the actions of post office employees

If for some reason it was not possible to peacefully resolve the misunderstanding with the post office employees, then there is only one thing left: to complain about their work.

This can be done in various ways.

The first option is to send an email with the essence of the claims to the postal address

It is advisable to indicate in the letter the full names and positions of specific employees, but if they are not available, it is enough to indicate the post office code.

And the second option is to contact the local Federal Postal Service. This can be done by email, by phone, or by visiting their office in person.

Contacts of the local UFPS can be found on the corresponding page of the Russian Post website.

For example, in my case, local branches are controlled by the Federal Border Guard Service of the Chelyabinsk region. And the Federal PS of the Chelyabinsk region, in turn, is subordinate to the Federal PS of the Sverdlovsk region and the Ural macroregion, located in Yekaterinburg. You can contact both here and there.

This really works. Complaints are considered, the facts stated in them are verified, and negligent postal employees are punished with rubles. The Internet is full of evidence of this.

I think there is no need to explain that when drawing up the text of any complaint, you need to clearly formulate the claim and accompany it with specific facts, avoiding value judgments and getting personal.