Elena Dmitrieva, a lawyer at the Nadmitov, Ivanov & Partners law firm, commented on Pravo.ru. for the article "We collect losses: trends in judicial practice"
The article raises the problem of recovery of damages. In recent years, the practice of Russian courts in claims cases has become more favorable for claimants. Nevertheless, lawyers continue to complain about the lack of clear criteria for determining the amount of damages and an overestimated standard of proof of causation. There is also a significant specificity in the recovery of losses from legal entity bodies.
Elena Dmitrieva commented on the questions about the evidence base and about the situation when the plaintiff cannot prove the exact amount of losses.
Before calculating the amount of losses, you need to take care of the existence of a supporting evidence base. “The primary documentation that substantiates the initial data will serve as reliable proof. Courts are wary of other documentation, they can only accept it in aggregate, ”says lawyer of the Law Firm Nadmitov, Ivanov and partners Elena Dmitrieva. For example, the reconciliation act itself does not prove the implementation of a business transaction, since it is not a primary accounting document, however, it can be adopted together with other documentation containing information about the debtor's debt (No. F05-11573 / 2019) ...
When the plaintiff cannot prove the exact amount of damages, the court must determine it independently. At the same time, it is not entirely clear how exactly the court will make the assessment. It turns out that the claimant can only rely on guarantees within the minimum proven amount.
Law Firm Nadmitov, Ivanov & Partners regularly represents clients in commercial courts in commercial disputes, including recovery of losses, so in January 2020 we successfully collected losses on the inter-tariff difference in the amount of more than 22.5 million rubles.