CLAIM ________________ in my name at the address _________________________ from _________________________, residing at the address _________________________, a postal item was sent _________________________, _________________________. This postal item has been assigned an identification number _________________________ dated _____________________________. However, I have not received the mail so far. According to the information posted on the official website of the Federal State Unitary Enterprise "Russian Post" in the section "tracking postal items", the last known location of the postal item is _________________________. _____________________________ I applied to _________________________ with an application for the search for postal item No. _____________________________. According to the answer of _________________________ dated _________________________, as a result of consideration of my appeal, it was established that the postal item No. _________________________ was lost when forwarding _________________________. Thus, the Federal State Unitary Enterprise "Russian Post" did not ensure the safety of the above postal item. In accordance with Article 16 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication" (hereinafter - Law No. 176-FZ), postal services are provided by postal operators on a contractual basis. Under the contract for the provision of postal services, the postal operator undertakes, on the instructions of the sender, to forward the mailing entrusted to him or to make a postal transfer of funds to the address indicated by the sender and deliver (hand over) them to the addressee. The user of postal services is obliged to pay for the services rendered to him. Postal operators are obliged to ensure that written correspondence is sent to users of postal services within the deadlines. The quality of postal services must comply with established standards, as well as information provided by postal operators on the conditions for the provision of these services. Based on Article 20 of Law No. 176-FZ, postal operators are required to ensure the safety of postal items and funds received from users of postal services. By virtue of paragraphs “a”, “b”, paragraph 46 of the Rules for the provision of postal services, approved. by order of the Ministry of Telecom and Mass Communications of the Russian Federation of July 31, 2014 N 234 (hereinafter referred to as the Rules), postal operators are required to forward postal items and make postal orders within the established time limits; ensure the safety of postal items and money orders received from users. According to Article 34 of Law No. 176-FZ, for non-fulfillment or improper fulfillment of obligations for the provision of postal services or their improper fulfillment, postal operators are liable to users of postal services. Responsibility of postal operators arises for loss, damage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, making postal money transfers, and other violations of established requirements for the provision of postal services. Losses caused during the provision of postal services are reimbursed by the postal operator in accordance with the amounts specified in part 2 of article 34 of Law No. 176-FZ. By virtue of Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount. Since _________________________ were improperly fulfilled obligations to provide communication services, I suffered losses in the amount of _________________________ rubles, the calculation of the amount of losses is attached to the claim. In connection with the foregoing, on the basis of Articles 12, 15 of the Civil Code of the Russian Federation, Article 16, Article 34 of Law No. 176-FZ, clause 46 of the Rules, I ask you to compensate me for the damage caused by the loss of postal item No. ________________________ dated _________________________ within the period up to _________________________ the amount of _________________________ rub. I draw your attention to the fact that in case of refusal to satisfy the above requirements on a voluntary basis, I, _____________________________, will be forced to file a claim with the _________________________ court to protect my rights and legitimate interests. In this case, in accordance with Articles 88, 94, 97 of the Code of Civil Procedure of the Russian Federation, I, _________________________, will file a claim for the recovery of court costs from you related to the consideration of this dispute in court. Please send a written response to the claim to: _________________________ within _________________________ days from the date of receipt of this claim. Appendix: 1. Documents confirming the fact of sending the postal item. 2. Documents confirming the loss of the postal item. 3. Documents confirming the search for the postal item. 4. Calculation of the amount of damage. 5. Documents confirming the circumstances stated in the claim. Applicant _________________________ _________________________ _________________________
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Claim price:rub.
Statement of claim
G. The Claimant, in accordance with the receipt, No. was handed over, and the Respondent accepted for sending a registered letter (hereinafter referred to as the Postal item). The postal item was sent to the address, addressee (recipient), with the assignment of an identification number of the item (track number or tracking number). The weight of the postal item when sending was .
The tariff fee for the provision of postal services amounted to RUB.
G. the postal item arrived at the addressee at the destination in.
According to sub. "a" clause 46 of the Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 No. 234 "On Approval of the Rules for the Provision of Postal Services", postal operators are required to forward postal items and make postal orders on time.
In accordance with Art. 20 of the Universal Postal Convention, member countries or their designated operators must establish and publish their standards and target figures for the delivery of incoming letter-post items and parcels. This provision is in line with Art. Federal Law No. 176-FZ of July 17, 1999 "On Postal Communications", which imposes an obligation on postal operators to provide users of postal services with information on the established terms for the provision of postal services.
Thus, the deadlines for the delivery of written correspondence are approved by Decree of the Government of the Russian Federation of March 24, 2006 No. 160 "On approval of the standards for the frequency of collection from mailboxes, exchange, transportation and delivery of letter-post, as well as the deadlines for sending letter-post" and depend on the place of delivery. In this case, the day of delivery of the item is not included in the calculation of the timing of the passage of items, and the target dates for sending letter-mail between settlements that are part of different municipal districts subject of the Russian Federation are calculated by summing up the corresponding control periods.
Based on the standards, the delivery time for a postal item across the territory of the Russian Federation, from to is days. In fact, the postal item was in circulation by the Respondent for days. Thus, due to the fault of the Russian Post operator, the delivery time was exceeded by
The responsibility of the Federal State Unitary Enterprise "Post of Russia" is determined by the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication", where in Art. 34 it was specified that in case of violation of the deadlines for sending mail and making postal money transfers for personal (domestic) needs of citizens, postal operators pay a penalty in the amount of 3 percent of the postal service fee for sending for each day of delay, but not more than the amount paid for this service, as well as for violation of the deadlines for sending a postal item by air - the difference between the payment for sending by air and ground transport.
From which it follows that the amount of the penalty is calculated by the formula:
Chamber amount for postal services |
* | 3 % | * | Quantity days of delay |
Fee for the provision of postal services - rub.
The number of days of delay - days.
In total, the amount of the penalty is Rs.
G. Claimant in the manner prescribed paragraph 4 of Art. 55 Federal Law of 07.07.2003 No. 126-FZ "On Communications", a claim was sent to the Respondent with a request, to which there was no answer.
According to paragraph 6 of Art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 of February 7, 1992 if the court satisfies the requirements of the consumer established by law, the court shall exact from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for non-compliance with the voluntary satisfaction of the requirements of the consumer a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.
According to Clause 46 of the Decree of the Plenum of the Supreme Court of the Russian Federation "On consideration by the courts of civil cases on disputes on the protection of consumer rights" No. 17 dated 06/28/2012 the penalty is collected in favor of the consumer.
In accordance with p. 4 h. 2 art. 333.36 of the Tax Code of the Russian Federation Claimants are exempted from paying the state fee in cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation, courts of general jurisdiction, justices of the peace, taking into account the provisions of paragraph 3 of this article - for claims related to violation of consumer rights.
Ref. No. ________ To the Arbitration Court of Moscow
115191, Moscow, st. B. Tulskaya, 17
Plaintiff: ZAO Garant-Expert
Address:……………………………………………………
Respondent: Federal State Unitary Enterprise Russian Post
131000, Moscow, Varshavskoe shosse, 37
"EMS Russian Post" - branch
Federal State Unitary
enterprises "Post of Russia"
119454, Moscow, Prospect Vernadsky, 18
Third person: ……………………………………
………………………………………………………
Price of the claim: 35,000 rubles
State duty: 2,000 rubles
Statement of claim
on the recovery of damage caused by the loss of cargo during transportation
"_____"___________ 201__ dated ……………………………….in the name of the Closed Joint Stock Company "" (hereinafter referred to as the plaintiff, ZAO Garant-Expert) at the address: 129301, Moscow, st. Kosmonavtov, d. 7 bldg. 2 received a postal item No. EA055711800RU, with a declared value of 35,000 (thirty-five thousand) rubles. Delivery was carried out by the carrier "EMS Russian Post" branch of the Federal State Unitary Enterprise "Russian Post" (Appendix No. 1).
When issuing a shipment to the plaintiff by an employee of the EMS Russian Post branch of the Federal State Unitary Enterprise Russian Post ……………………………. an Act of opening the shipment was drawn up, in which he indicated that there was nothing in the parcel (Appendix No. 2). Also, the courier “EMS Russian Post” ……………………………………………… was provided with an Act on the external condition of the defective item (container) No. ………. him with photographs (Appendix No. 3). According to this act, the parcel bag was found opened, the label and seal "Russian Post" were inside the bag itself, there is access to the attachment, the seals are not visible, the difference in weight is 42 grams. After the inspection, it was decided to draw up an act on the difference in weight s / m, p / o, close up access to the attachment (paste over) with adhesive tape with the Moscow EMS logo.
Thus, the fact of the loss of the cargo (departure) is recognized by the defendant and is not disputed.
In accordance with paragraph 1 of Article 793 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the event of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear liability established by the civil code, transport charters and codes, as well as by agreement of the parties.
By virtue of paragraph 1 of Article 797 of the Civil Code of the Russian Federation, before filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
A similar position is set out in Article 37 of the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication" (hereinafter referred to as the Law on Postal Communication), which establishes that in case of non-fulfillment or improper fulfillment of obligations to provide postal services, the user Postal services have the right to present a claim to the postal operator, including a claim for damages. Claims in connection with the loss of the postal item shall be submitted within six months from the date of submission of the postal item.
Written responses to complaints must be given within the following timeframes:
for claims for postal items and postal money transfers sent (transferred) within one locality - within five days;
for claims for all other postal items and postal money orders - within two months.
A claim to the organization of the federal postal service can be presented both at the place of receipt and at the place of destination of the postal item.
If the postal operator refuses to satisfy the claim, or if it agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time period established for considering the claim, the user of postal services has the right to file a claim in court or arbitration court.
On December 28, 2011, a claim for reimbursement of the declared value of the lost postal item in the amount of 35,000 (thirty-five) thousand rubles (Appendix No. 4) was submitted to EMS Russian Post, a branch of the Federal State Unitary Enterprise Russian Post, along with the attached documents.
However, until today, EMS Russian Post, a branch of the Federal State Unitary Enterprise Russian Post, has not provided the plaintiff with a response to the claim.
Article 38 of the Law on Postal Communications provides that compensation for damage caused in the course of activities in the field of postal communications is made voluntarily or by decision of a court or arbitration court in the manner established by the legislation of the Russian Federation.
In accordance with Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
By virtue of paragraph 2 of Art. 796 of the Civil Code of the Russian Federation, damage caused during the carriage of cargo and baggage is compensated by the carrier in case of loss of cargo or baggage, from its declared value, in the amount of the declared value of the cargo.
Thus, damages in the amount of the declared value of the shipment, which is 35,000 (thirty-five) rubles, must be recovered from the defendant.
When applying statement of claim a state fee in the amount of 2,000 (two thousand) rubles was paid by payment order, which, in accordance with Article 110 of the Arbitration Procedure Code of the Russian Federation, is subject to collection from the defendant as court costs (Appendix No. 4).
Paragraph 5 of Article 36 of the Arbitration Procedure Code of the Russian Federation provides that a claim against a legal entity arising from the activities of its branch, representative office, located outside the location of the legal entity, may be brought to the arbitration court at the location of the legal entity or its branch, representative office.
In accordance with paragraph 4 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises”, a branch of a unitary enterprise operates on behalf of the unitary enterprise that created them. Responsibility for the activities of the branch and representative office of a unitary enterprise is borne by the unitary enterprise that created them
Based on the above, guided by art. 15, 793, 796, 797, 1064 of the Civil Code of the Russian Federation, Art. 38 of the Postal Law, Art. 4, 27, 29, 35, 36, 37, 110, 125, 126 of the Arbitration Procedure Code of the Russian Federation
"Post of Russia" in favor of the Closed Joint Stock Company "Garant-Expert" damage in the amount of 35,000 (thirty-five thousand) rubles.
Collect from the Federal State Unitary Enterprise
"Post of Russia" in favor of Closed Joint Stock Company "Garant-Expert" the cost of paying the state fee in the amount of 2,000 (two thousand) rubles.
Applications:
CEO ……………………..
from 31/12/2018
Many of us think that a claim to the Russian Post is an ineffective, if not useless tool. And most do not even think that the losses caused are damage in the civil sense and can be recovered in, as well as through the FSUE Russian Post. We will tell you about all these possibilities and how to implement them in life. And in case of difficulties, you can always ask your question to a lawyer directly on the site.
Please note that the obligation to submit to the Russian Post is expressly provided for by the Law "On Postal Communication" dated July 17, 1999 No. 176-FZ.
An example of a claim to the Russian Post
Head of Department No. 32
FSUE Russian Post
address: 302011, Orel region, Orel,
st. Machinistov, d. 71
from Lunev Dmitry Konstantinovich,
address: 302051, Orel, st. Kurgan, 42-78
Complaint to Russian Post
on the issue of execution of the contract for the provision of services
On April 10, 2017, I handed over for departure from the post office No. 320 of the Federal State Unitary Enterprise "Post of Russia" registered postal item No. 458 - a registered letter with a return receipt addressed to the Prosecutor's Office of the city of Orel, destination address: 302056, Orel, st. . Radishcheva, 105. The identifier 36876168976168 was assigned to the postal item. The price of the service was paid by me in full and amounted to 115 rubles.
As of April 28, 2017, the mail has not been delivered. Whereas, in accordance with paragraph 6 of the Standards approved by Decree of the Government of the Russian Federation of March 24, 2006 No. 160, the control period for sending within one city - the administrative center of a constituent entity of the Russian Federation - is 2 days. In this case, according to the information of the electronic service of the Federal State Unitary Enterprise of Russia, which is publicly available and, therefore, does not need proof, the deadline for sending the letter was violated by 15 days, as a result of which the letter to the addressee has not been received so far.
In accordance with Art. 33 of the Federal Law "On Postal Communication" in case of violation of the delivery deadlines, the postal operator is liable in the amount of 3% of the price of the service for each day of delay. Total: 15 days * 3% * 115 rubles. = 51.75 rubles. in addition, since such actions are taken by the employees of the Department on an ongoing basis (my claims dated 01/10/2016, 03/20/2016, 05/15/2016, 10/10/2016), in accordance with Art. 151 of the Civil Code of the Russian Federation, non-pecuniary damage is subject to compensation, which I estimate in the amount of 3,000 rubles.
Based on the foregoing, I demand within 5 calendar days from the date of receipt of this claim to compensate for the damage caused to me and pay a penalty and compensation for non-pecuniary damage. Otherwise, I will be forced to go to court with a contract for the provision of services, incl. with claim for compensation .
04/29/2017 Lunev D.K.
What violations will be the basis for preparing a claim to the Russian Post
The liability of the postal operator is provided for by law, as well as its size and limits. When does she arrive?
Loss, any damage or damage, shortage - the basis for the recovery of the damage caused. As well as violation of the terms of sending postal items, their non-delivery in general.
The damage caused can be recovered, i.e. liability arises in all cases, unless the Russian Post proves (it is they who prove) the effect of force majeure circumstances (flood, emergency) or the properties of the attachments of the postal item. If the answer to the claim is received with reference to such circumstances, write to Russia for a thorough investigation. Or start filing a claim - the court will be obliged to consider not only the arguments of the parties in the court session, but also in support of such a position.
Limits of liability in a claim
The claim to the Russian Post must be substantiated. Therefore, there is neither sense nor reason to come up with an assessment of the amount of damage caused. The law clarified that:
- if a postal item of declared value is lost, spoiled, damaged, the Russian Post will fork out for an amount equal to the declared value and the tariff fee (except for the tariff of the value charge);
- if part of the attachment of the item of declared value is lost - in the amount of the price of the missing part indicated in the inventory, and if there is no inventory - in proportion to the mass of the damaged part in relation to the total weight of the item;
- loss or damage, damage to other postal items (registered) - double tariff fee, etc. The limits of liability are detailed in Art. 33 of the Law.
Most of the claims to the Russian Post are related to the violation of the terms of delivery of postal items. In such cases, the institution is obliged to pay a penalty. It is 3% of the cost of services rendered for each day of delay, but not more than the price of the service provided.
How to file a claim with the Russian Post
In the preparation and preparation of this type of document, you will use the rules of pre-trial claims. We'll talk about special rules.
Pay attention to deadlines. If a claim to the Russian Post is related to untimely delivery or non-delivery at all, to damage or loss of the item or non-payment of funds, claims can be made within 6 months, but not from the date the violation was discovered, but from the date the postal item or transfer was sent.
It must be submitted exclusively in writing either to the office at the place of receipt of the postal item, or at the place of destination.
Claims are considered - for postal items and money transfers within one locality - within 5 days, in all others - 30 days.
If you refuse to satisfy the claims of the Russian Post, file a consumer protection claim or in accordance with the norms of the Civil Code of the Russian Federation and depending on the situation.
Clarifying questions on the topic
Nikita Alexandrovich
legal adviser
legal adviser
legal adviser
legal adviser
OLGA
Alexei
Anastasia
Lyudmila Evgenievna
Alexei
Galina Stepanovna