for damages caused by illegal actions

[Адвокат]

AT _____________________________________
(name of the arbitral tribunal)

Copy: ________________________________
(name and postal address of the defendant)

Claimant: ________________________________
(information about the plaintiff indicated
in sub. 2 p. 2 Article 125 APC RF)

Defendant: _____________________________
(information about the defendant indicated
in sub. 3 p. 2 Article 125 APC RF)

Cost of Claim _____________________________
(amount in rubles, if the claim is subject to assessment)

STATEMENT OF CLAIM
for damages caused by illegal
actions (inaction) of an official
body of the state extra-budgetary fund

"___" ___________ _____________ ________________________ (Full name of the official of the state extra-budgetary fund body, name of the relevant body) at __________________ (indicate under what circumstances - conducting an on-site or desk audit, conducting reception, etc.) _________________ (state circumstances of the case and the merits of a violation of the law committed by an official of the state extra-budgetary fund body).
The indicated actions (inaction) are contrary to the law and violate the rights of the taxpayer, since ___________ (state the plaintiff’s arguments with reference to regulatory legal acts).
Our position is based on the following evidence: ______ (provide evidence).
Illegal actions (inaction) _______________ (full name of the official, name of the body of the state extra-budgetary fund) ______________ (name of the taxpayer) the plaintiff was guilty of harm in the form of ________________ in the amount of ____________________ rubles. Calculation is attached.
The occurrence of harm is confirmed by the following evidence: __________________________ (provide evidence).
The existence of a causal relationship between unlawful actions (inaction) _________________________ (full name of the official, name of the body of the state extra-budgetary fund) and the damage caused is confirmed _________________________
(provide evidence of causality).
In accordance with Art. 1064, 1069 of the Civil Code of the Russian Federation damage caused to property of a legal entity as a result of illegal actions (inaction) of officials of state bodies is subject to compensation in full.
Based on the above, guided by art. 46 of the Constitution of the Russian Federation, Art. 35, 137, 138 of the Tax Code of the Russian Federation, Art. Art. 15, 16, 1064, 1069 of the Civil Code of the Russian Federation, I ask:
1. To recognize the actions (inaction) _______________________ (full name of the official of the state extra-budgetary fund body, name of the relevant body) illegal.
2. To oblige the defendant to fully compensate for the harm caused to the plaintiff by illegal actions (inaction) _________________ (full name of the official of the state extra-budgetary fund body, name of the relevant body) in the amount of ____ rubles at the expense of __________ (name of the state extra-budgetary fund) and list the specified amount to the current account of the plaintiff N __________ in ___________________ (indicate bank details).
Information on measures taken by the arbitration court to ensure property interests prior to suing: ___________ _________________________________________________________.
Applications:
1. Evidence of the claim - on ___ p.;
2. Evidence confirming the infliction of harm, its size and causal relationship between the unlawful actions (inaction) of an official and the occurrence of harm, - on __ page;
3. Calculation of the damage caused - on ___ pages .;
4. Documents confirming the sending to the defendant of a copy of the statement of claim and the documents attached to it (postal receipt, notice of delivery of the registered letter), - on __ page;
5. The document confirming the payment of the state fee (payment order, etc.), - on ___ page;
6. A copy of the certificate of state registration - on ___ pages .;
7. The power of attorney or other documents confirming the authority to sign the statement of claim - on ___ p.;
8. Copies of the ruling of the arbitral tribunal on ensuring property interests before filing a claim - on ___ p.

Date of application: "___" ___________ _____

 

[Матушкин Андрей Николаевич]

Thank!