For international shipments In case of loss, spoilage or damage to international registered items (letter, parcel post, small package), Russian Post pays compensation in the amount of 30 SDR and the amount of the tariff fee (excluding the order fee). In case of loss, damage or damage to part of their investment - in the amount of the actual value of the missing or damaged part, but not more than 30 SDRs. In case of loss, deterioration or damage to the “M” bag, compensation will be paid in the amount of 150 SDR and the amount of the tariff fee (excluding the order fee). Compensation for loss or damage to valuable items is the amount of the declared value and the amount of the tariff fee (with the exception of the fee for registering the declared value). In case of loss or damage to a simple parcel, compensation is paid in the amount of 40 SDR and 4.5 SDR for each kilogram of the parcel. The amount of the tariff fee is also paid.
Compensation for damage from Russian Post - we win the case
Info
This service allows you to track all stages of the shipment. Perhaps she is still on her way and there is still nothing to worry about. If the parcel was not found through the search and never reached the addressee, or if it was damaged or damaged, a claim will have to be filed.
A claim against the postal service is filed either at the address where the parcel was sent or at the address of its destination. This can be done within 6 months after the postal item is issued. The deadline for responding to a claim, if we are talking about shipment within one settlement- 5 days.
In other cases, you should expect a response within 30 days. If the case concerns international mail, the review period can reach 2-3 months (based on the Universal Postal Convention). Filing a claim There is no strict form of claim that will be submitted to the EMS of Russian Post or any of its regional branches.
How to sue the Russian Post Office?
If an inventory was not drawn up, then the damage is compensated in proportion to the lost part to the total weight of the parcel;
- If any registered postal items are lost or damaged, the double tariff rate will be reimbursed;
- In case of loss of money transfers - the amount of the transfer and the tariff for sending it.
You can read about other options for compensation for damage in the event of damage, loss or delay of postal items in the specified article. Procedure for protecting violated rights Before filing a claim against the postal service, you should use other methods to solve the problem. First, you should check the status of the postal item using the official website of the Russian Post, through the “Tracking” section.
In the search bar you will need to enter a special tracking number of the parcel, which can be seen on the receipt issued postal worker after receiving the parcel.
How to properly sue the Russian Post for lost parcels?
In the best case, after considering the claim, the post office will pay the applicant full financial damage caused by poor quality services. The Russian Post website outlines several options for filing a claim against actions postal service using electronic means of communication:
- service for filing electronic claims on the Russian Post website (https://www.pochta.ru/claim);
- online postal consultant;
- Russian Post mobile application;
- Email ();
- toll-free support phone number (8-800-2005-888).
If a claim is submitted for a poorly provided international postal transfer service, it can be sent on the Russian Post website only after confirming personal data through the Unified Identification and Authorization (USIA) portal (State Services portal) or you can take it to the post office yourself.
How to sue the Russian Post for lost parcels
Applications to search for international EMS shipments are accepted within 4 months from the date of dispatch in accordance with the Regulations for the application of the EMS Model Agreement (Bern, 2017). Russian Post informs about the search results by registered mail to the postal address, or by letter to email address specified in the application, no later than 30 calendar days from the date of filing the application for domestic Russian postal items, and 2-3 months for international postal items. If the item is not found, the Post Office is obliged to pay compensation. Payment is made within 10 days. For shipments within Russia, Russian Post pays compensation for loss and damage to the contents of only valuable items. Compensation is paid in the amount of the declared value and the amount of the tariff fee (except for the commission for registering the declared value).
Compensation for damage
You can download the form of this document from the link at the end of the article. It must necessarily display the following information:
- name of the post office, full name of its director;
- Full name of the complainant, his registration or residence address;
- detailed description of the circumstances of the case:
- claims made to the post office;
- personal signature of the applicant and date of writing the document.
The main part of the claim contains the passport details of the applicant. It is necessary to tell about the date and place of departure and/or destination of the parcel, the number of the postal item and its type, and the type of packaging.
If the parcel has a declared value, then it must also be indicated. If the value has not been declared, then the entire contents of the parcel are listed in detail, indicating its average market value.
Does anyone have experience in filing a lawsuit against Russian Post?
If an inventory of the attachment has been made, the Post will pay compensation in the amount of the declared value of the missing or damaged part of the attachment indicated by the sender in the inventory. If the item was without an inventory of the contents, the Post Office pays compensation in the amount of part of the declared value of the postal item in proportion to the ratio of the weight of the missing or damaged part of the package to the total weight of the item (not taking into account the weight of packaging materials). In case of non-payment (non-execution) of a postal money transfer, the Post pays compensation in the amount of the transfer amount and the amount of the tariff fee.
In case of loss, damage or damage to other registered postal items, the Post pays compensation in the amount of twice the tariff fee. In case of loss, damage or damage to part of their investment - in the amount of the tariff fee.
Sue the Russian Post Office
However, with the help of a claim to the Russian Post or statement of claim You can go to court not only to return the full cost of the parcel, but also to recover from the post office a penalty, a fine, or even compensation for moral damage. The amount of damage caused that can be recovered from the post office for the loss of a parcel or other violation of rights is set out in Article 34 of the Federal Law “On postal service»:
- If the parcel is lost, damaged or broken, then Russian Post is obliged to reimburse the declared value of this parcel and the tariff fee for its delivery;
- If any part of the parcel with declared value is lost, the post office will only reimburse the cost of this lost part indicated in the inventory.
I want to sue the Russian Post Office!
Filing a lawsuit against the Russian Post Let's talk about how to sue the post office if Russian Post employees did not respond to the claim within the prescribed period or only partially compensated for the damage. In these cases, you will have to file a lawsuit in court at the location of the post office where the consumer’s rights were violated. The rules for its preparation are set out in Article 131 of the Civil Procedure Code of the Russian Federation.
The documents that will need to be attached to the claim are listed in Article 132 of this law. A sample claim for consumer protection can be found at the link at the end of the article. It is precisely the protection of consumer rights, the provision of services of inadequate quality, that in most cases is discussed in legal proceedings with the Russian Post.
The rights of the user of postal services, which can be protected in this case, are set out in Article 29 of the Law “On Protection of Consumer Rights”.
Is it possible to sue the Russian Post for non-delivery of letters?
As for the lawyer, I got the impression that she had nothing to show, but nevertheless, the postal representative filed an objection to the lawsuit. The Krasnoyarsk court recovered 50 thousand rubles from the Russian Post for the loss of the letter. “When sending, they entered into an agreement with the Federal State Unitary Enterprise Russian Post, represented by the Zelenogorsk branch, to forward a first class letter with a declared value of 2.5 thousand rubles. However, during forwarding the letter was lost and was not delivered to the addressee. In this regard, the plaintiffs had to go to the capital to obtain international passports and visas. They incurred expenses for hotel accommodation in the amount of 31.5 thousand rubles. Sue the Russian Post Office Evgeniy Birger is a private individual. He is not authorized to check and evaluate the activities of Russian Post and has no legal basis for making any conclusions.
Reimbursement from Russian Post for lost/stolen parcels
Law of the Russian Federation “On the Protection of Consumer Rights”, when the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine of 50% of the amount awarded by the court in favor of the consumer. The procedure for considering a claim is regulated by Art. 37 of the Federal Law “On Postal Services”. Claims in connection with non-delivery, late delivery, damage or loss of a postal item or non-payment of transferred funds are made within six months from the date of submission of the postal item or postal money transfer.
Claims must be submitted in writing and are subject to mandatory registration at the Russian Post office.
Case No. 2-5082/2015
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Volzhsky City Court of the Volgograd Region composed of:
presiding judge Dobrash T.V.
under secretary O.V. Vyshlova
"."..G. in the city of Volzhsky
Having considered in open court a civil case based on the claim of Veldin D.S. to the Federal State Unitary Enterprise "Russian Post" on the protection of consumer rights,
INSTALLED:
Veldin D.S. filed a lawsuit against the Federal State Unitary Enterprise "Russian Post" for the protection of consumer rights. In support of the claim, indicating that "."...g. for personal use via the Internet - the store purchased two cell phone <...>, having previously transferred funds in the amount of<...>ruble at the exchange rate at that time to the US dollar. "."..G. The parcel was sent from the USA, "."...g. passed customs clearance in Russia, but to date the plaintiff has not received the parcel. "."..G. Veldin D.S. I wrote a complaint to the Federal State Unitary Enterprise "Russian Post" regarding the loss of the parcel. "."..G. a response was received from the defendant to the plaintiff’s email address, later “.”...g. by mail, the plaintiff received a response from the Volga Post Office of the Federal Post Office of the Volgograd Region, a branch of the Federal State Unitary Enterprise "Russian Post" that indeed the postal item No. No.... was lost on the territory Russian Federation, FSUE Russian Post sincerely regrets what happened, but refused to compensate for the damage caused. Requests recovery from FSUE Russian Post in favor of D.S. Veldin. the amount of losses for the provision of postal services in the amount of<...>rubles; penalty in the amount<...> <...> <...>rubles, fine.
Plaintiff Veldin D.S. did not appear at the court hearing, was notified of the hearing of the case, submitted an application to consider the case in his absence.
Representative of the plaintiff Sheripov S.A. At the court hearing, he supported the claims and asked them to satisfy them in full.
Representative of the defendant FSUE Russian Post Chebotareva I.B. At the court hearing she did not recognize the claims and asked that the claim be dismissed.
Representative of the 3rd person of the Federal Customs Service of Russia Budko I.S. at the court hearing did not object to the satisfaction of the claims.
The court, after hearing the parties and examining the written materials of the case, comes to the following conclusion.
According to Part 2 of Art. 4 of the Federal Law “On Postal Services” dated July 17, 1999 N 176-FZ, relations in the field of international postal communications may be regulated by decisions of international postal organizations of which the Russian Federation is a member.
Part 5 of Article 34 of this Law also provides that issues of liability for loss or damage (damage) of international postal items are regulated by the legislation of the Russian Federation and international treaties Russian Federation.
The Russian Federation is a member of the Universal Postal Union, whose congress in Geneva on August 12, 2008 adopted the Universal Postal Convention, which entered into force on January 1, 2010.
Liability of designated operators - any state or non-state organization officially designated by a member country to operate postal services and fulfill related obligations arising from the Acts of the Union on its territory (clause 1.8 of Article 1 of the Convention) - for loss, theft or damage registered items, ordinary parcels and insured items are provided for in Article 21 of the said Convention, which does not exclude the possibility of imposing liability for the loss of postal items on both the designated operator of the country of origin and the designated operator of the country of destination, and also does not exclude the possibility of presenting corresponding claims both the sender and the addressee (clauses 10 - 11.2 of Article 21).
According to Art. 24 of the same Convention, subject to the right of action against the designated operator who is liable, the obligation to pay compensation and refund of tariffs and charges rests, as the case may be, on the designated operator of origin or the designated operator of destination.
Within the meaning of the provisions of Article 34 of the Federal Law "On Postal Communications", which regulates the liability of Russian postal operators and, by virtue of Part 5 of this article, are subject to application to the relations of the parties along with international treaties of the Russian Federation, postal operators are obliged to compensate for losses caused by them during provision of postal services, including in the event of loss or deterioration (damage) of postal items.
At the court hearing it was established that "."...g. Veldin D. purchased two cell phones "<...>» y<...>, paying $<...>USD and $<...>USD, which corresponds to<...>rubles<...>kopecks and<...>rubles<...>kopecks including commission.
A printout from the Internet service of the Federal State Unitary Enterprise "Russian Post" confirms that "."...g. Parcel No.... addressed to Veldin D. was sent from the USA, "."...g. arrived in Moscow EMS MMPO. "."..G. The parcel has been accepted by customs and customs clearance has been completed.
As follows from the invoice No.... of the Sheremetyevo customs, parcel No.... arrived from the USA for Veldin D. is listed under number No.... Received for customs clearance and customs control at 02.20 o'clock "...".., X-ray control passed at 02.30 o'clock "."..g., customs clearance and customs control completed at 04.00 o'clock "."..g.. On the same day, the MPO was moved by postal operators to the detailed sorting zone for further delivery to the addressee.
"."..G. Veldin D.S. filed a request to search for international parcel No.....
As follows from the message of the Federal Post Office of the Volgograd Region - a branch of the Federal State Unitary Enterprise "Russian Post" No. No.... dated "."..g. that departure No.... from "."...g. was lost on the territory of the Russian Federation.
According to Art. 20 of the Federal Law "On Postal Services", paragraphs. "b" clause 47 of the Rules for the provision of postal services, postal operators are obliged to ensure the safety of postal items and funds received from users of postal services.
Based on Art. 34 of the Law “On Postal Services”, for failure to fulfill or improper fulfillment of obligations to provide postal services or their improper fulfillment, postal operators are liable to users of postal services. Postal operators are liable for loss, spoilage (damage), lack 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 the event of loss or deterioration (damage) of a postal item with a declared value - in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value.
At the court hearing, it was established that the defendant FSUE Russian Post improperly fulfilled its obligations to provide the plaintiff with postal services, therefore the claims must be satisfied.
Relations from contracts for the provision of postal services are regulated by a special Federal Law of July 17, 1999 N 176-FZ, the provisions of which (Article 34) contain a list of liability measures for the postal operator; collection of a penalty is provided for by the specified norm in case of violation of the deadlines for sending postal items and making postal money transfers for personal (household) needs of citizens; the amount of this penalty is three percent of the fee for the postal forwarding service for each day of delay, but not more than the amount paid for this service. Claims for the recovery of a penalty from the total price are based on the provisions of Art. (as amended on July 18, 2019) > "> Chapter II. Protection of consumer rights when selling goods to consumers > Article 23. Responsibility of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) for delay in fulfilling consumer requirements" target="_blank" >23 of the Law of the Russian Federation of 02/07/1992 N 2300- “On the Protection of Consumer Rights” (a special part of the Law), therefore the court agrees with the plaintiff’s demand and recovers 40,052 rubles in his favor.
In resolving the plaintiff's claims for compensation for moral damage, the court proceeds from the fact that, by virtue of the Law of the Russian Federation "On the Protection of Consumer Rights", which applies to disputed legal relations, the defendant's improper provision of postal services to the plaintiff was confirmed during the trial, and already indicated in By virtue of Article 15 of this Law, it implies causing moral harm to the latter.
DECIDED:
Claims of Veldin D.S. to the Federal State Unitary Enterprise "Russian Post" on the protection of consumer rights - partially satisfied.
To recover from FSUE Russian Post in favor of D.S. Veldin. the amount of losses for the provision of postal services in the amount of<...>rubles; penalty in the amount<...>rubles, compensation for moral damage in the amount of<...>rubles, expenses for payment of representative services in the amount of<...>rubles, a fine of<...>ruble, to satisfy the rest of the claims for compensation for moral damage - to refuse.
To collect from the Federal State Unitary Enterprise "Russian Post" a state duty in the amount of<...>ruble<...>kopecks
The decision can be appealed to the Volgograd Regional Court within a month from the date the court made the decision in final form.
Judge: T.V. Dobrash
Judge: T.V. Dobrash
Court:
Volzhsky City Court (Volgograd region)Plaintiffs:
Veldin D.S.Defendants:
FSUE "Russian Post"Other persons:
Sheripov S.A.Judges of the case:
Dobrash Tatyana Valerievna (judge)Judicial practice on:
Moral damage and its compensation, compensation for moral damageJudicial practice on the application of Art. 151, 1100 Civil Code of the Russian Federation
At [name of court]
Plaintiff: [F. I. O., address, telephone]
Respondent:
[name of company
Postal Service]
[address, telephone, email address
Mail, INN, OGRN]
[Day, month, year] [F. I. O. plaintiff] from [specify post office] to [F. I. O., address of the recipient of the postal item] a postal item with declared value was sent. In accordance with the inventory of the attachment, the postal item contained: [name and value of the attachment]. According to receipt N [value], the declared value of the parcel was [amount in figures and words] rub., the amount of the tariff fee was [amount in figures and words] rub.
According to Art. 16 of the Federal Law of July 17, 1999 N 176-FZ “On Postal Services”, postal operators are obliged to ensure the forwarding of written correspondence to users of postal services within the specified time frame. Standards for the frequency of collecting written correspondence from mailboxes, standards for its exchange, transportation and delivery, as well as control dates for its shipment are approved by the federal executive body authorized by the Government of the Russian Federation. The terms for the provision of other postal services are established by postal operators independently.
According to [enter as required], the delivery time for a parcel from [place of departure] to [place of destination] is [time].
Note. Standards for the frequency of collection from mailboxes, exchange, transportation and delivery of written correspondence, as well as control deadlines for sending written correspondence, 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 specified time frame, which served as the basis for sending a claim to the defendant on [day, month, year] with a requirement to search for the postal item. Until now, the addressee has not received the mail.
According to Article 15 of the Civil Code of the Russian Federation, a person whose rights have been violated may demand full compensation for the losses caused to him, unless the law or contract provides 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 their improper performance, postal operators are liable to users of postal services. Postal operators are liable for loss, spoilage (damage), lack 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 in the event of loss or deterioration (damage) of a postal item with a declared value are reimbursed in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value.
Based on the above, guided by Articles 16, 34 of the Federal Law of July 17, 1999 N 176-FZ “On Postal Services”, Articles 131, 132 of the Code of Civil Procedure, I ask:
1. To recover from [name of defendant] in favor of [F. I. O. plaintiff] losses in connection with the loss of mail in the amount of [amount in figures and words] RUB.
Application:
1. A copy of the statement of claim.
2. A document confirming payment of the state fee.
3. Documents confirming the plaintiff’s position.
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]
| Plaintiff: | ||
| TIN | ||
| Location: | ||
| Telephone: | ||
| Email address: |
| Respondent: | ||
| INN, OGRN | ||
| Legal address: | ||
| Mailing address: | ||
| Telephone: | ||
| Email address: | ||
| Fax machine: |
Claim price:rub.
Statement of claim
D. The Plaintiff, in accordance with receipt No., was transferred, and the Defendant accepted for forwarding ordered letter(hereinafter referred to as Postal item). The postal item was sent to the address, addressee (recipient), with the assignment of an identification number of the item (tracking number or tracking number). The weight of the postal item upon dispatch was .
The tariff fee for the provision of postal services was RUB.
D. the postal item arrived at the addressee at its 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 obliged to forward postal items and make postal transfers within the established time frame.
In accordance with Art. 20 of the Universal Postal Convention, member countries or their designated operators shall establish and publish their standards and targets for the delivery of incoming letter post items and parcels. This norm corresponds to Art. Federal Law of July 17, 1999 No. 176-FZ “On Postal Services”, which imposes the obligation on postal operators to provide users of postal services with information about the established deadlines for the provision of postal services.
Thus, the target 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 standards for the frequency of collection from mailboxes, exchange, transportation and delivery of written correspondence, as well as target deadlines for sending written correspondence” and depend on the place of delivery. In this case, the day of submission of the item is not included in the calculation of the deadlines for the passage of items, and the control periods for sending written correspondence between settlements included in various municipal districts of the subject of the Russian Federation are calculated by summing up the corresponding control periods.
Based on the standards, the delivery time for mail across the territory of the Russian Federation is days. In fact, the postal item was in the Respondent's circulation for days. Thus, due to the fault of the Russian Post operator, delivery times were exceeded by
The responsibility of the FSUE "Russian Post" is determined by the Federal Law of July 17, 1999 No. 176-FZ "On Postal Services", where Art. 34 it is stated that in case of violation of the control deadlines for sending postal items and making postal money transfers for personal (household) needs of citizens, postal operators pay a penalty in the amount of 3 percent of the fee for the postal service for forwarding 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 mail by air - the difference between the fee for sending by air and land transport.
From which it follows that the amount of the penalty is calculated according to the formula:
| Chamber amount for postal services |
* | 3 % | * | Quantity days overdue |
Fee for the provision of postal services - rub.
Number of days overdue - days.
In total, the amount of the penalty is RUB.
D. The plaintiff in the manner prescribed clause 4 art. 55 Federal Law of July 7, 2003 No. 126-FZ “On Communications”, a claim was sent to the Defendant with a request, to which there was no response.
According to clause 6 art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 of 02/07/1992 when the court satisfies the consumer's requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer's requirements 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 Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” No. 17 of June 28, 2012. the fine is collected in favor of the consumer.
In accordance with clause 4, part 2, art. 333.36 Tax Code of the Russian Federation Plaintiffs in claims related to violation of consumer rights are exempt from paying state fees 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, and justices of the peace, taking into account the provisions of paragraph 3 of this article.
If problems arise with the delivery of a parcel via Russian Post, the first thing you should do is write a written complaint to this service indicating all the circumstances of the case.
It is worth turning to the courts of general jurisdiction only if you cannot protect your rights by filing a claim with the Russian Post. The claim is transferred to the district court at the location of the post office where the consumer's rights were violated. If the defendant in the claim is the Russian Post, without indicating a specific branch, then the claim can be filed at the address of residence or registration.
Limits of liability of Russian Post
The grounds for filing a claim against the postal service can vary. But in most cases, they come down to either a violation of the delivery time of a parcel, parcel or express mail, or to the delivery of a damaged, broken or spoiled parcel. Another option is that the parcel or letter did not reach its addressee at all.
Many people in these situations do not want to actively defend their rights, do not want to waste time and nerves on supposedly useless actions. However, with the help of a claim against the Russian Post or a statement of claim in court, you can not only return the full cost of the parcel, but also recover a penalty, a fine, or even compensation for moral damages from the post office.
The amount of damage caused that can be recovered from the post office for the loss of a parcel or other violation of rights is set out in Article 34 of the Federal Law “On Postal Services”:
- If the parcel is lost, damaged or broken, then Russian Post is obliged to reimburse the declared value of this parcel and the tariff fee for its delivery;
- If any part of the parcel with declared value is lost, the post office will only reimburse the cost of this lost part indicated in the inventory. If an inventory was not drawn up, then the damage is compensated in proportion to the lost part to the total weight of the parcel;
- If any registered postal items are lost or damaged, the double tariff rate will be reimbursed;
- In case of loss of money transfers - the amount of the transfer and the tariff for sending it.
You can read about other options for compensation for damage in the event of damage, loss or delay of postal items in the specified article.
Procedure for protecting violated rights
Before filing a claim against the postal service, you should use other methods to resolve the problem. First, you should check the status of the postal item using the official website of the Russian Post, through the “Tracking” section. In the search bar you will need to enter the special tracking number of the parcel, which can be seen on the check issued by the postal worker after receiving the parcel. This service allows you to track all stages of the shipment. Perhaps she is still on her way and there is still nothing to worry about.
If the parcel was not found through the search and never reached the addressee, or if it was damaged or damaged, a claim will have to be filed. A claim against the postal service is filed either at the address where the parcel was sent or at the address of its destination. This can be done within 6 months after the postal item is issued.
The period for responding to a claim, if we are talking about shipment within one locality, is 5 days. In other cases, you should expect a response within 30 days. If the case concerns international mail, the review period can reach 2-3 months (based on the Universal Postal Convention).
Making a claim
There is no strict form of claim that will be submitted to the EMS of Russian Post or any of its regional branches. You can download the form of this document from the link at the end of the article. It must necessarily display the following information:
- name of the post office, full name of its director;
- Full name of the complainant, his registration or residence address;
- detailed description of the circumstances of the case:
- claims made to the post office;
- personal signature of the applicant and date of writing the document.
The main part of the claim contains the passport details of the applicant. It is necessary to tell about the date and place of departure and/or destination of the parcel, the number of the postal item and its type, and the type of packaging. If the parcel has a declared value, then it must also be indicated. If the value has not been declared, then the entire contents of the parcel are listed in detail, indicating its average market value.
Methods for filing a claim
The claim is submitted to the post office upon presentation of an identity card, after which it must be registered by the postal worker in a special journal or on a computer. The claim will need to be accompanied by any evidence of the provision of postal services (checks, receipts, contracts) and documents that confirm the amount of damage caused. In the best case, after considering the claim, the post office will pay the applicant full financial damage caused by poor quality services.
The Russian Post website outlines several options for filing a claim against the actions of the postal service using electronic means of communication:
- service for filing electronic claims on the Russian Post website (https://www.pochta.ru/claim);
- online postal consultant;
- Russian Post mobile application;
- Email ( [email protected]);
- toll-free support phone number (8-800-2005-888).
If a claim is submitted for a poorly provided international postal transfer service, it can be sent on the Russian Post website only after confirming personal data through the Unified Identification and Authorization (USIA) portal (State Services portal) or you can take it to the post office yourself.
Filing a lawsuit against Russian Post
Let's talk about how to sue the post office if Russian Post employees did not respond to the claim within the prescribed period or only partially compensated for the damage. In these cases, you will have to file a lawsuit in court at the location of the post office where the consumer’s rights were violated. The rules for its preparation are set out in Article 131 of the Civil Procedure Code of the Russian Federation. The documents that will need to be attached to the claim are listed in Article 132 of this law.
A sample claim for consumer protection can be found at the link at the end of the article. It is precisely the protection of consumer rights, the provision of services of inadequate quality, that in most cases is discussed in legal proceedings with the Russian Post. The rights of the user of postal services that can be protected in this case are set out in. Filing a claim in this case is not subject to state duty.
The deadline for responding to a lawsuit is 30 days. Within the first 10 days, the court must notify the plaintiff whether his claim will be prosecuted. In some cases, if the proceedings require more time, the period may be extended by another 30 days.
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