B [name of the court]

Plaintiff: [F. I.O., address, telephone]

Defendant:

[name of company

Postal service]

[address, telephone, e-mail

Mail, INN, OGRN]

[Day, month, year] [F. I.O. of the plaintiff] from [indicate the post office] to [F. I.O., address of the recipient mailing] was sent by postal item with a declared value. In accordance with the list of attachments, the mail item contained: [name and value of attachments]. According to the receipt N [value], the declared value of the parcel was - [amount in figures and words] rubles, the amount of the tariff fee - [amount in figures and words] rubles.

According to Art. 16 of the Federal Law of July 17, 1999 N 176-FZ "On postal services", postal operators are obliged to ensure that written correspondence is sent to users of postal services within target dates. Frequency standards for collecting letter-post from mailboxes, the standards for its exchange, transportation and delivery, as well as the target dates for its shipment are approved by the authorized Government Russian Federation federal executive body. The terms for the provision of other postal services are set by the postal operators independently.

According to [fill in the required], the delivery time for the parcel from [place of departure] to [place of destination] is [time].

Note. 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, were approved by Decree of the Government of the Russian Federation of March 24, 2006 N 160.

The defendant did not deliver the postal item to the addressee within the deadline, which served as the basis for sending [date, month, year] to the defendant's address with a claim with the requirement to search for the postal item. Until now, the addressee has not received the postal item.

According to article 15 of the Civil Code of the Russian Federation, a person whose right has been violated can demand full compensation for losses caused to him, if the law or contract does not provide for compensation for losses in a smaller amount.

In accordance with Art. 34 of the Federal Law of July 17, 1999 N 176-FZ "On postal services" for failure to fulfill or improper fulfillment of obligations to provide postal services or improperly fulfilling them, postal operators are liable to users of postal services. The postal operators are liable for the loss, damage (damage), lack of investments, non-delivery or violation of the deadlines for sending postal items, postal money transfers, other violations of the established requirements for the provision of postal services.

Losses incurred in the provision of postal services in the event of loss or damage (damage) to postal items with a declared value shall be reimbursed in the amount of the declared value and the amount of the tariff payment, excluding the tariff payment for the declared value.

Based on the foregoing, guided by Articles 16, 34 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication", Articles 131, 132 of the Code of Civil Procedure, I ask:

1. Collect from [name of the defendant] in favor of [F. I.O. of the plaintiff] losses in connection with the loss of postal items in the amount of [amount in figures and words] RUB.

Application:

1. A copy of the statement of claim.

2. A document confirming the payment of the state fee.

3. Documents confirming the position of the plaintiff.

4. Power of attorney or other documents confirming the authority to sign the statement of claim.

[signature of the plaintiff's representative]

[day month Year]

from 31/12/2018

Many of us think that a complaint to the Russian Post is an ineffective, if not useless, tool. And the majority do not even think that the losses caused are damage in the civil law 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. 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 directly stipulated by the Law "On Postal Service" dated July 17, 1999, No. 176-FZ.

Example of a claim to the Russian Post

Head of department number 32

FSUE "Russian Post"

address: 302011, Oryol region, Oryol,

st. Machinists, 71

from Lunev Dmitry Konstantinovich,

address: 302051, Oryol, st. Kurgan, 42-78

Claim to the Russian Post

on the issue of performance of the contract for the provision of services

On April 10, 2017, I handed over the registered postal item No. 458 for dispatch from the post office No. 320 of the Federal State Unitary Enterprise "Russian Post" ordered letter with return receipt addressed to the Prosecutor's Office of Orel, destination address: 302056, Oryol, st. Radishcheva, 105. The postal item was assigned the identifier 36876168976168. The price of the service was paid by me in full and amounted to 115 rubles.

As of April 28, 2017, the postal item has not been delivered. Whereas in accordance with clause 6 of the Regulations approved by the Decree of the Government of the Russian Federation of March 24, 2006 No. 160, the deadline for shipment within one city - the administrative center of a constituent entity of the Russian Federation - is 2 days. IN this case according to information electronic service Federal State Unitary Enterprise of Russia, which is publicly available and, therefore, does not need proof, the deadline for sending the letter for 15 days was violated, 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 Communications" in case of violation of the deadlines for shipment, 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, moral damage is subject to compensation, which I estimate at 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 moral damage. Otherwise, I will have to go to court under a contract for the provision of paid services, incl. c claim for reimbursement.

04/29/2017 Lunev D.K.

What violations will become the basis for preparing a claim to the Russian Post

The postal operator's liability is prescribed by law, as are its size and limits. When does it come?

Loss, any damage or damage, shortage is the basis for the recovery of the damage caused. As well as violation of the terms of forwarding of postal items, non-delivery of them in general.

The damage caused can be recovered, i.e. responsibility occurs in all cases, unless the Russian Post proves (it is they who prove) the action of force majeure circumstances (flood, emergency) or the properties of postal attachments. If the response to the claim comes with reference to such circumstances - write to Russia for a thorough investigation. Or start filing a statement of 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 estimate of the amount of damage caused. The law clarified that:

• if the postal item of the 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 for the volume value);
• if a part of the enclosure of the item of declared value has been lost - in the amount of the price of the received 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 to, damage to other postal items (registered) - double tariff charge, etc. Details of the limits of liability are specified in Art. 33 of the Law.

Most of the claims to the Russian Post are related to the violation of the delivery time of postal items. In such cases, the institution is obliged to pay a forfeit. It makes up 3% of the cost of the services rendered for each day of delay, but not more than the price of the service rendered.

How a claim is made to the Russian Post

In drawing up and preparing this type of document, you will use the rules of the pre-trial claim. We will tell you about the special rules.

Pay attention to the timing. If the claim to the Russian Post is connected with late delivery or non-delivery at all, with damage or loss of the shipment or non-payment of funds, claims can be made within 6 months, but not from the date of discovery of the violation, but from the date of sending the postal item or transfer.

It must be submitted exclusively in writing, either to the department at the place of receipt of the postal item, or at the place of destination.

Claims are considered - for mailings and money transfers in the redistribution of one settlement - within 5 days, in all others - 30 days.

If you refuse to satisfy the claims of the Russian Post, file a claim for the protection of consumer rights or in accordance with the norms of the Civil Code of the Russian Federation and depending on the situation.

Clarifying questions on the topic

OLGA

• Nikita Alexandrovich

Alexei

• Legal advisor

Anastasia

• Legal advisor

Lyudmila Evgenievna

• Legal advisor

Alexei

• Legal advisor

Galina Stepanovna

Saraktashsky District Court of the Orenburg Region "composed of the presiding judge: Judge Avetisyan G.R.," with the secretary: A.G. Gorokhova, "with the participation of: plaintiff Sh ....... a V.A., representative of the defendant FSUE" Post of Russia "- Belolipetskiy NI" having examined in open court a civil case at the claim of Sh ....... and V.A. to the Federal State Unitary Enterprise "Russian Post" on the recovery of penalties, damages, compensation for moral damage,

U S T A N O V I L:

Sh ....... in V.A. filed a lawsuit against “ EMS Mail Russia "branch of the FSUE" Russian Post "on the recovery of damages, penalties, compensation for moral damage, indicating that DD.MM.YYYY in the OPS Saraktash-3 a service agreement was concluded and sent international parcel EMS with number no.<адрес>(Sweden) to the recipient - Ш-С. N.M. The tariff for the provision of postal services amounted to<данные изъяты>rubles. Investments in the parcel were insured by Ingosstrakh IJSC in the amount of<данные изъяты>rubles. DD.MM.YYYY the recipient (addressee) asked him to find the parcel. Since on the official EMS website, in the tracking section of postal items, there was only information about the acceptance and sorting of this parcel in the Saraktash-3 OPS, he applied to search for the postal item No. and to pay compensation for violation of the delivery deadlines. He did not receive an official written response from EMS. DD.MM.YYYY in the Saraktash post office it was announced to him that the postal item was declared lost. DD.MM.YYYY for the loss of the postal item he was paid compensation in the amount of<данные изъяты>kopecks. DD.MM.YYYY, on the recommendation of the management of the Federal State Unitary Enterprise "Russian Post", to Ingosstrakh IJSC, he wrote an application for the payment of insurance compensation, providing documents on the cost of the shipment. As a result of a long, from February 2 to DD.MM.YYYY, uncertainty about the fate of the postal item, he experienced mental suffering, felt a sense of guilt before the addressee for the lack of a gift. Further news of the loss of the shipment also caused him moral suffering, he had to urgently pick up a similar gift handmade and bear the additional costs of sending it, as well as study the current legislation to protect your rights. Referring to violations of Articles 19, 34, 37, 38 of the Federal Law "On Postal Communication", paragraphs 47, 56 of the Rules for the provision of postal services and articles 15, 17, 29, 31 of the Federal Law "On Protection of Consumer Rights", he asked to collect from EMS Mail Russia "branch of FSUE" Russian Post "in his favor: the insured value of the commodity investment in the amount of<данные изъяты>rubles; penalty on the cost of the delivery rate (<данные изъяты>.) at the rate of<данные изъяты> <данные изъяты>days, which is<данные изъяты> – <данные изъяты><данные изъяты>.) at the rate of<данные изъяты> <данные изъяты>days, which is<данные изъяты> – <данные изъяты>rubles; penalty on the remaining amount of the insured value of the investment (<данные изъяты>.) at the rate of<данные изъяты>for each day of delay, from DD.MM.YYYY until the actual payment; as well as compensation for non-pecuniary damage in the amount<данные изъяты>rubles.

By the determination of the Saraktashsky District Court of the Orenburg Region from DD.MM.YYYY, the improper defendant "EMS Russian Post" of the branch of the Federal State Unitary Enterprise "Russian Post" was replaced by the Federal State Unitary Enterprise "Russian Post".

During the trial Sh ...... V.A. clarified the stated claims, confirming the circumstances set out in the claim and supplementing them with the fact that Ingosstrakh IJSC voluntarily assumed the obligation to pay the remaining part of the compensation in the amount of<данные изъяты>, in connection with which he sent a package of documents by mail, having paid the postal tariff in the amount of<данные изъяты>kopecks. He asked to collect from FSUE Russian Post in his favor: the insured value of the commodity investment in the amount of<данные изъяты>rubles; penalty on the cost of the delivery rate<данные изъяты>at the rate of<данные изъяты>for each day of delay, from July 3 to DD.MM.YYYY -<данные изъяты>days, which is<данные изъяты>, i.e<данные изъяты>; penalty on the insured value of the investment (<данные изъяты>.) at the rate of<данные изъяты>for each day of delay, from May 13 to DD.MM.YYYY -<данные изъяты>days, which is<данные изъяты>- at the rate of<данные изъяты>i.e<данные изъяты> <данные изъяты> <данные изъяты>kopecks; penalty for violation of delivery deadlines international dispatch express mail EMS No. No. in size<данные изъяты>, i.e<данные изъяты>rubles.

At the hearing the plaintiff Sh ...... in V.A. refused the stated claims regarding the collection from FSUE Russian Post in his favor: the insured value of the commodity investment in the amount of<данные изъяты>rubles, as well as in terms of the collection of penalties for violation of the control deadlines for the delivery of international express mail EMS No. No. in the amount of<данные изъяты>i.e<данные изъяты>rubles. The court explained that at the time of the consideration of the case, the value of the commodity investment in the amount of<данные изъяты>rubles he was reimbursed in full, namely:<данные изъяты>- the defendant,<данные изъяты>- an insurance company. Confirmed the circumstances set out in the statement of claim, finally asked to collect from FSUE Russian Post in his favor: a penalty on the cost of the postage for the period from July 3 to DD.MM.YYYY in the amount of<данные изъяты>rubles; penalty on the value of the commodity investment for the period from May 13 to DD.MM.YYYY in the amount of<данные изъяты>rubles; compensation for non-pecuniary damage in the amount<данные изъяты>rubles; costs of sending a package of documents to Ingosstrakh IJSC in the amount of<данные изъяты>

By the determination of the Saraktashsky District Court of the Orenburg Region from DD.MM.YYYY the proceedings in the part of the claims of Sh ....... and V.A. to FSUE "Russian Post" on the collection of the insured value of the commodity investment in the amount of<данные изъяты>rubles, as well as in terms of the collection of penalties for violation of the control deadlines for the delivery of an international item in the amount of<данные изъяты>rubles was terminated, in connection with the refusal of the plaintiff from the claim.

The representative of the defendant Belolipetskiy NI, acting in the interests of FSUE "Russian Post" on the basis of a power of attorney, at the hearing the claims of Sh ........ and V.A. admitted partially - in terms of reimbursement of expenses for sending a package of documents to Ingosstrakh IJSC in the amount of<данные изъяты>... The rest of the claims Sh ...... and V.A. did not admit, referring to the fact that at the time of the consideration of the case, the plaintiff was fully reimbursed the cost of the commodity investment in the amount of<данные изъяты>rubles and postage in the amount of<данные изъяты>rubles. Considers that the legal relationship that arose between Sh ....... m V.A. and FSUE Russian Post are not regulated by the Federal Law “On Protection of Consumer Rights”. Confirmed that DD.MM.YYYY was sent by the international EMS parcel number No. in<адрес>(Sweden) to the recipient - Ш-.С. N.M., through OPS Saraktash-3, with payment of the tariff for the provision of postal services in the amount of<данные изъяты>rubles. He did not deny that DD.MM.YYYY the plaintiff filed an application for the search for the mail item No., and DD.MM.YYYY, the plaintiff filed 2 applications, namely: to reimburse the shipping tariff and reimburse the investment amount. He also did not deny that the postal item was recognized as lost.

After hearing the explanations of the plaintiff and the representative of the defendant, having examined the case materials, the court comes to the following conclusion:

By virtue of Article 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with the customs of business or other usually presented requirements.

In accordance with Article 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except in cases provided for by law.

Relations in the field of postal communications in the Russian Federation are regulated by the Federal Law of July 7, 2003 No. 126-FZ "On Communications", Federal Law of July 17, 1999 No. 176-FZ "On Postal Communications", other federal laws and other regulatory legal acts of the Russian Federation , international treaties of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation within their powers.

The court finds untenable argument of the defendant's representative that the legal relationship that arose between Sh ...... V.A. and FSUE Russian Post are not regulated by the Consumer Rights Protection Law. This argument is based on a misinterpretation of the current legislation.

Regulation of the procedure for the provision of postal services by the Federal Law "On Postal Services" is attributed to the powers of the Government of the Russian Federation. In pursuance of the powers delegated to it, the Government of the Russian Federation, by Resolution No. 221 of April 15, 2005, approved the Rules for the provision of postal services.

By virtue of Article 19 of the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication", the rights of users of postal services are protected by this Federal Law, the Federal Law "On Communications", the Law of the Russian Federation "On Protection of Consumer Rights", the civil legislation of the Russian Federation , the rules for the provision of postal services, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

According to Article 20 of the Federal Law "On Postal Communication", subparagraph "b" of paragraph 47 of the Rules for the provision of postal services, postal operators are obliged to ensure the safety of mailings and funds received from users of postal services.

On the basis of Article 34 of the Law "On Postal Services" for failure to fulfill or improper fulfillment of obligations to provide postal services or fulfill them in an improper manner, postal operators are liable to users of postal services. The postal operators are liable for the loss, damage (damage), shortage of investments, non-delivery or violation of the deadlines for sending postal items, postal money transfers, other violations of the established requirements for the provision of postal services.

According to article 57 of the Rules for the provision of postal services, for non-fulfillment or improper fulfillment of obligations to provide postal services, postal operators are liable to users of postal services. Postal operators are responsible for the loss, damage (damage), shortage of investments, non-delivery or violation of the terms of sending postal items and making postal money transfers, other violations of the established requirements for the provision of postal services. Losses incurred in the provision of postal services are reimbursed by the postal operator in the following amounts: a) in case of loss or damage (damage) to the postal item with declared value - in the amount of the declared value and the amount of the postage fee, excluding the payment for the declared value.

Order No. 400-p of October 15, 2010 for FSUE "Russian Post" approved the Regulation on the procedure for paying refunds to users of international and domestic express mail services EMS, according to which FSUE "Russian Post" is responsible to users of EMS services, including for the loss of EMS items.

During the trial, it was established that DD.MM.YYYY between the plaintiff, as the sender, and the defendant, as a postal operator represented by OPS Saraktash-3, an agreement was concluded for the provision of postal services, according to which the defendant undertook to send the postal EMS entrusted to him by the plaintiff departure under number no.<адрес>(Sweden) addressed to the recipient (addressee) - Sh.-S. N.M., declared value<данные изъяты>rubles. For the provision of postal services, the plaintiff paid a tariff in the amount of<данные изъяты>rubles. An insurance statement was filled in and signed on the investment inventory form, according to which the plaintiff, as the sender, asked FSUE Russian Post to include its EMS shipment in insurance coverage under the cargo insurance contract No. from DD.MM.YYYY, concluded between FSUE Russian Post and Ingosstrakh IJSC.

In the process of transportation, the postal item was lost. The act on the loss of the postal EMS item was not drawn up, however, from the letter of the Federal State Unitary Enterprise "Russian Post" from DD.MM.YYYY №.№ it follows that the fact of the loss of the postal item was recognized by the defendant.

The above circumstances are confirmed by the materials of the case and are not disputed by the representative of the defendant.

Thus, the court concluded that the defendant had improperly fulfilled its obligations to the plaintiff, did not take appropriate measures to ensure the safety of the EMS postal item no.

During the trial it was also established that DD.MM.YYYY Sh ...... in V.A. applied to the defendant with a statement on the search for the postal item EMS № №. In addition, DD.MM.YYYY Sh ....... m V.A. 2 applications were submitted for the payment of compensation for the loss of the postal item - for the reimbursement of the tariff for sending the postal item; about the reimbursement of the postal investment. These circumstances are confirmed by the materials of the case and are also not contested by the representative of the defendant.

By virtue of Article 37 of the Federal Law "On Postal Communication", in case of non-fulfillment or improper fulfillment of obligations to provide postal services, the user of postal services has the right to present a claim to the postal operator, including with a claim for damages. Written responses to claims must be given within the following timeframes: to 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. Claims for the search for international postal items are accepted and considered in the manner and terms stipulated by the legislation of the Russian Federation and international treaties of the Russian Federation.

In addition to the civil legislation of the Russian Federation, the Rules for the provision of postal services determine the timing of the payment of funds in compensation for harm.

So, in accordance with clause 56 of these Rules, postal operators make payments of funds to compensate for damage caused as a result of non-fulfillment or improper fulfillment of obligations to provide postal services, no later than ten days, counting from the date of their recognition of claims.

In accordance with paragraph 1 of Article 29 of the Law "On Protection of Consumer Rights", the consumer has the right to refuse to fulfill the contract for the performance of work (provision of the service) and demand full compensation for losses, if the shortcomings of the work performed (provided service) are not eliminated by the contractor within the period specified in the contract. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of services) if he or she discovered significant shortcomings in the work performed (rendered service) or other significant deviations from the terms of the contract.

According to paragraph 1 of Article 31 of the Law "On Protection of Consumer Rights", the consumer's claims to reduce the price for the work performed (service provided), to reimburse the costs of eliminating the defects of the work performed (service rendered) on their own or by third parties, as well as on the return of paid for the work (service) of the amount of money and compensation for losses caused in connection with the refusal to perform the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law, are subject to satisfaction within ten days from the date of submission of the relevant demand.

By virtue of paragraph 3 of Article 31 of the Law "On Protection of Consumer Rights" for violation of the time limits for satisfying individual requirements of the consumer provided for in this article, the contractor shall pay the consumer for each day of delay a penalty (penalty), the amount and procedure for calculating which are determined in accordance with paragraph 5 of Article 28 of this Law ... In case of violation of the terms specified in paragraphs 1 and 2 of this article, the consumer has the right to present to the contractor other requirements provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law.

On the basis of paragraph 5 of Article 28 of the aforementioned Law, in case of violation of the established deadlines for the performance of work (provision of services) or new deadlines set by the consumer on the basis of paragraph 1 of this article, the contractor shall pay the consumer for each day (hour, if the deadline is determined in hours) of delay a penalty (penalty ) in the amount of three percent of the price of work (provision of a service), and if the price of work (provision of a service) is not determined by the contract for the performance of work (provision of services) - the total price of the order. The contract for the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty). The amount of the forfeit (penalty) collected by the consumer may not exceed the price of a particular type of work (service) or the total price of an order, if the price of a particular type of work (service) is not determined by the work performance (service) contract.

By virtue of the provisions of Article 13 of the Law "On Protection of Consumer Rights", unless otherwise provided by law, losses caused to the consumer are subject to compensation in full in excess of the forfeit (penalty) established by law or contract. The payment of a penalty (penalty) and compensation for damages do not exempt the manufacturer (contractor, seller, authorized organization or authorized individual entrepreneur, importer) from fulfilling the obligations imposed on him in kind to the consumer.

The plaintiff declared claims for the recovery of a penalty (penalty) from the defendant in the amount of<данные изъяты> <данные изъяты>the cost of the postal attachment, total in the amount<данные изъяты>rubles.

In the opinion of the court, the plaintiff's claims for the recovery of a forfeit in the amount of<данные изъяты>rubles are to be satisfied in full, since the defendant violated the requirements of the Law "On Protection of Consumer Rights", the Rules for the Provision of Postal Services and the Law "On Postal Services" to consider the plaintiff's claim and resolve issues on reimbursement of the cost of the postal tariff and the cost of postage. At the same time, the court draws attention to the fact that the defendant's representative did not deny the fact of receiving the plaintiff's claims, the court was not presented with evidence proving that the defendant complied with the terms for considering the consumer's claim and resolving issues on compensation for damages.

In accordance with Article 56 of the Code of Civil Procedure of the Russian Federation, the content of which should be considered in the context of the provisions of paragraph 3 of Article 123 of the Constitution of the Russian Federation and Article 12 of the Code of Civil Procedure of the Russian Federation, enshrining the principle of adversarial nature of civil proceedings and the principle of equality of the parties, each party must prove the circumstances to which it refers as on the basis of their claims and objections, unless otherwise provided by federal law.

The defendant did not present any evidence to refute the plaintiff's arguments. In accordance with current legislation, the burden of proof in this category of cases is imposed on the defendant.

The postal operator was obliged to pay money to compensate for damage caused as a result of the loss of the postal item, no later than ten days after the expiration of two months from the date of receipt of the claim. As mentioned above, Sh ...... in V.A. appealed with claims to the defendant for damages DD.MM.YYYY, therefore, the postal operator was obliged before DD.MM.YYYY to consider the claim and, recognizing the parcel lost, no later than DD.MM.YYYY to make the appropriate payments. There is no proper evidence in the case file that the defendant admitted the fact of the loss of the postal item before DD.MM.YYYY, e-mail to Sh.-S. N.M. from DD.MM.YYYY, addressed to Sh.S. it is not. In appeal from DD.MM.YYYY Sh ....... to V.A. raised the issue of the search for the postal item and the payment of compensation for violation of the delivery deadlines.

Thus, the period of delay should be calculated from DD.MM.YYYY. From the indicated time according to DD.MM.YYYY, the delay period was 69 days, which is<данные изъяты>The amount of the collected forfeit (penalty interest) cannot exceed the total value of the damages caused, namely:<данные изъяты>the cost of the tariff for sending the postal item and<данные изъяты>the cost of the postal attachment, in total is<данные изъяты>rubles.

The evidence submitted by the plaintiff, except email Sh.-S. N.M. from DD.MM.YYYY, are relevant, permissible, sufficient, do not raise doubts about their reliability, and in their totality confirm the existence of contractual relations with the defendant for the provision of postal services and the fact of violation by the defendant of the norms of current legislation.

Under such circumstances, the court finds that Sh ...... and V.A. to the Federal State Unitary Enterprise "Russian Post" on the recovery of a penalty in the amount of<данные изъяты>rubles.

Having discussed the plaintiff's claims for reimbursement of the costs of sending the package of documents to Ingosstrakh IJSC in the amount of<данные изъяты>kopecks, the court takes into account the fact that these costs were incurred by the plaintiff in connection with the need to obtain insurance compensation, takes into account the recognition of the claim in this part by the representative of the defendant, the provisions of Articles 173, 198 of the Code of Civil Procedure of the Russian Federation, and concludes that they were satisfied.

In accordance with the provisions of Article 15 of the Law "On Protection of Consumer Rights", moral harm caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by laws and legal acts of the Russian Federation regulating relations in in the field of consumer protection, is subject to compensation by the inflictor of harm in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

According to the court, the claims for the recovery of compensation for moral damage in this case are justified, since the defendant violated the rights of the consumer, forced the plaintiff to apply to the court for the protection of his violated right. At the same time, taking into account the specific circumstances of the case, the nature of the mental and physical suffering suffered, taking into account the personality of the plaintiff, the degree of violation of his obligations by the defendant, as well as the requirements of reasonableness and proportionality, the court concludes that it is possible to recover from FSUE Russian Post in favor of Sh ...... and V.A. in compensation for moral damage<данные изъяты>rubles.

Thus, the court considers it necessary to satisfy the claims of Sh ...... and V.A. on compensation for non-pecuniary damage in part, the court rejects the rest of the claim.

According to part 6 of Article 13 of the Law "On Protection of Consumer Rights", when the court satisfies the consumer's requirements established by law, the court collects a fine from the contractor for non-compliance with the consumer's requirements on a voluntary basis in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Taking into account the proof by the court of the fact of improper fulfillment by the defendant of its obligations, the fact of the pre-trial procedure for addressing the defendant and the fact of not voluntarily satisfying the consumer's claims for compensation for damage to him, the court concludes that a fine of 9,404 rubles 21 kopecks should be collected from the defendant in favor of the consumer.

In accordance with part 1 of Article 103 of the Code of Civil Procedure of the Russian Federation, part 1 of Article 333.19 of the Tax Code of the Russian Federation, the state duty is subject to collection from the defendant to the state income in proportion to the satisfied part of the claim, namely, in the amount of 872 rubles 34 kopecks, since the plaintiff is released by virtue of Article 333.36 of the Tax Code of the Russian Federation from paying the state fee when filing a claim.

Based on the foregoing and guided by Articles 194-199 of the Code of Civil Procedure of the Russian Federation, the court

I DECIDED:

Claims Sh ....... V.A. to partially satisfy the Federal State Unitary Enterprise "Russian Post" for the recovery of penalties, damages, compensation for moral damage.

To collect from the Federal State Unitary Enterprise "Russian Post" in favor of Sh ...... and V.A. liquidated damages<данные изъяты>rubles; losses associated with the costs of postage, in the amount of<данные изъяты>kopecks; compensation for non-pecuniary damage in the amount<данные изъяты>rubles, a fine of<данные изъяты>penny, but only<данные изъяты>.

The rest of the claim must be denied.

To collect from the Federal State Unitary Enterprise "Russian Post" the state duty on the state income in the amount of<данные изъяты>.

The decision can be appealed on appeal to the Judicial Collegium for Civil Cases of the Orenburg Regional Court through the Saraktash District Court of the Orenburg Region within one month from the date of the final decision.

Presiding G.R. Avetisyan "The final decision was made on December 3, 2012.

CLAIM _________________________ to my name at _________________________ from _________________________, residing at _________________________, the postal item _________________________, _________________________ was sent. This postal item has been assigned an identification number of _________________________ dated _________________________. However, until now I have not received the postage. According to the information posted on the official website of FSUE Russian Post in the section "tracking postal items", the last known location of the postal item is _________________________. _________________________ I applied to _________________________ with an application for tracing the mail item No. _________________________. According to the response of _________________________ from _________________________, as a result of the consideration of my appeal, it was established that the mail item No. _________________________ was lost during the transfer to _________________________. 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 No. 176-FZ "On Postal Communication" (hereinafter referred to as 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 send the postal item entrusted to him or to carry out a postal transfer of funds to the address indicated by the sender and deliver (hand) 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 target dates. 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. On the basis of Article 20 of Law No. 176-FZ, postal operators are obliged to ensure the safety of postal items and funds received from users of postal services. By virtue of clauses "a", "b" clause 46 of the Rules for the provision of postal services, approved. by order of the Ministry of Communications and Mass Media of the Russian Federation of July 31, 2014 N 234 (hereinafter referred to as the Rules), postal operators are obliged to forward postal items and carry out postal orders within the prescribed time frame; ensure the safety of postal items and postal orders received from users. According to Article 34 of Law No. 176-FZ, postal operators are liable to users of postal services for non-fulfillment or improper fulfillment of obligations to provide postal services or their improper fulfillment. The postal operators are liable for the loss, damage (damage), shortage of investments, non-delivery or violation of the deadlines for sending postal items, postal money transfers, other violations of the established requirements for the provision of postal services. Losses incurred in 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 losses caused to him, if the law or contract does not provide for compensation for losses in a smaller amount. Since _________________________ were improperly fulfilled the 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 above, on the basis of Articles 12, 15 of the Civil Code of the Russian Federation, Article 16, Article 34 of Law No. 176-FZ, paragraph 46 of the Rules, I ask to compensate me for the damage caused by the loss of postal item No. _________________________ from _________________________ in amount _________________________ 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 statement of 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 claim to recover from you legal costs 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 _________________________ _________________________ _________________________

Faced such a situation. The package left the local branch and disappeared. Almost two months have passed since the application for the search for the shipment was submitted - no response has been received. Two weeks ago I wrote a second one. In the shipment, there is a product that I bought on Taobao, delivered from China and sent to me by an intermediary from Yekaterinburg via the Russian Post, without evaluation and inventory. I believe that the package will no longer be found. Can I claim compensation for the loss of postage and financial losses resulting from this? The sender has waived the rights to this shipment. As proof, I can provide screenshots from the "personal account" on Taobao (if necessary, full access to " personal account"), a photo of the product itself, received by an intermediary in China, and a photo of the shipment just before sending it by the Russian Post with the assigned postal identifier, as well as an account statement on the withdrawal of funds.

Consultations: 40

To receive monetary compensation, you must submit an application to any branch of the Federal State Unitary Enterprise "Russian Post" by analogy with the application for the search for the item. In this case, after establishing the fact of the loss of the shipment, you must be paid compensation within 10 days.

For shipments without declared value and an inventory of investments, the rule applies, according to which FSUE Russian Post reimburses the tariff payment in two times (Article 34 of the Federal Law of 17.07.1999 No. 176-FZ "On Postal Service"). Thus, it will not be possible to receive full reimbursement of the cost of goods and other losses directly from FSUE Russian Post.

However, the legislation of the Russian Federation also provides for a claim procedure for the protection of consumer rights for improper performance of postal services. Before filing a statement of claim in court, you should send a written claim to the branch of the Federal State Unitary Enterprise "Russian Post", where you should have received the parcel. In the claim, refuse the contract for the provision of postal services, indicate the actual circumstances of the situation. Do not forget to indicate your requirements, evidence confirming the legality of the claims. References to regulations are optional, but welcome.

If, after 30 days from the date of filing, the claim is left without consideration, your claims are not satisfied or partially satisfied, you should go to court to protect the violated right. Depending on the value of the claim, you will need to file a claim with either a magistrate or a district court. You can file a claim at your place of residence / stay.

In accordance with paragraph 1 of Art. 28 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights", you have the right to demand in court full compensation for losses caused in connection with violation of the conditions for the provision of postal services. In addition, Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for the possibility of obtaining compensation for moral damage for violation of consumer rights.