The Civil Code provides for a norm in accordance with which entities are entitled to compensation for losses. Article 15 indicates that a person may demand the full amount of compensation, unless a smaller amount is provided for in the contract or law. Let us consider the norm in more detail. 
General information
Losses are recognized as expenses that the entity whose rights were violated, has made or must incur to restore them. They also include damage or loss of property, unearned income, which the indicated person could have received under the usual conditions of turnover, if his interests had not been infringed. If the entity that violated the right, as a result, became the owner of profit, then the victim can count on full compensation for losses, along with other losses of lost profits in the amount not less than these incomes.
Urgency of the problem
Compensation and forfeit act as universal ways to protect rights. They are used in various cases. So, for example, compensation for damages is applied in case of violation of interests in obligations or infringement of property rights. Also, such a penalty is applied in case of misuse of other people's funds. The right to receive compensation was provided for in the previous code in Art. 219. Today the Civil Code characterizes the compensation for losses as the ability of the victim to recover the property of the violator of his rights, whereas in previous legislation it appeared as the duty of the guilty subject. 
Compensation Composition
An entity whose right has been violated may rely on such types of damages as compensation lost profits and real damage. Their content is disclosed in part 2 of article 15 of the Code. There are several innovations in this norm. In particular, its provisions provide not only compensation for losses incurred, but also expenses that the victim will have to incur in order to restore his violated rights. In the previous legislation, the expenses should have been exclusively compensated.
At the present time, an instance authorized by the civil case in case of evidence of violation of rights may, at the request of the plaintiff, reimburse the defendant for damages that the former will still incur in the process of restoring his interests. In this case, it is undoubtedly necessary for the victim to justify the amount of future expenses, as well as to prove the causal relationship between the damage that has occurred and the action of the guilty subject. The amount of compensation for losses is specified in the second paragraph of paragraph 2 of Art. 15. It applies to cases where a person who has violated the rights of the plaintiff receives income. Losses must be compensated in the amount not less than the profit acquired by the defendant.
Less recovery
Civil law, establishing one of the key principles for the protection of property rights, allows another solution to the issue of compensation for losses. In particular, the contract or the law may provide for compensation for losses in a reduced amount. The ability to limit liability in the framework of the obligation is established in Art. 400. The provisions of this norm are reflected in the existing transport codes and charters. They significantly limit the liability of carriers for damage, shortage, loss of baggage and cargo. In addition, in Art. 902 p.2 Civil Code provides for the reduction of obligations of the entity accepting the property for free storage. 
Non-standard costs
It is quite clear the situation when compensation is made for losses that consist of the plaintiff's own expenses. They, for example, may relate to the restoration of damaged values, the acquisition of new property in return for the lost. After the existence and magnitude of costs has been proved, the defendant’s fault in their occurrence, as well as the causal relationship between the behavior of the latter and the damage, the plaintiff has the right to rely on compensation for losses incurred. However, not everything is so simple in cases where the victim demands compensation from the guilty party for interest on the use of other people's funds, moral damage, and an administrative fine paid to third parties. When substantiating, the plaintiff refers to the fact that he would not have to incur the indicated expenses if the defendant had not violated his rights. The obligation of the victim to pay certain additional amounts arises from legal relations with third parties. However, it is determined precisely by the unlawful behavior of the defendant, from which the plaintiff has the right to demand compensation under the rules of Art. 393 and 15.
Explanation
The fact that the additional (non-standard) losses of the plaintiff consist of amounts having a nature different from ordinary expenses does not change their qualifications and does not prevent their recovery as losses. Compensation for non-pecuniary damage, for example, takes place in the legal relationship between the victim and his creditor. According to the same principle, the plaintiff has an obligation to pay an administrative fine. It takes place within the framework of the legal relations of the victim and the relevant authorized body, endowed with power and administrative functions. Between the defendant and the plaintiff another interaction occurs. Thus, in these situations, there are different legal relations with one or another subject composition. If moral damages or forfeit were compensated by the plaintiff due to unlawful actions of the defendant, then nothing can prevent them from considering these payments as expenses associated with the restoration of the violated rights of the victim. If the creditor has made unnecessary expenses, the need for which is directly related to the unlawful behavior of his defendant, then he has the right to recover them according to the rules of Art. 15. 
Indemnification in court
Consider an example. By decision of the tax service, the payer suspended operations on settlement accounts and debited funds to the budget. Because of this, the subject was unable to timely pay employees of his enterprise and was subsequently forced to pay a fee and indexation for the delay. Claiming damages in court, the person expected to compensate all the indicated amounts from the tax service. The authorized court partially satisfied his claim. Duty and indexation were recognized as losses. The payment of salary in any case is the responsibility of the subject. Therefore, she was not recovered. The court has the right to award compensation for the salary paid only if, due to the fault of the defendant, the plaintiff issued it without receiving any economic result in the form of fulfillment by employees of their professional duties.
Moreover, the need to issue a salary should be in direct causal connection with the wrongful act of the perpetrator. For example, when performing work in violation of the technological process in one of the premises of the enterprise in the general structure, a vapor of a chemical compound was released. Subsequently, he moved to a neighboring square, which was occupied by another company. By decision of the management of the latter, work was suspended, and workers were evacuated, except for duty services. Considering that the paid salary is a loss for the director of a stopped company, he went to court.The institution agreed with the lawsuit, recognizing that in this situation, the plaintiff, acting as an employer, duly fulfilled his duty to ensure the safety of working conditions by evacuating employees. Due to the fact that the work was stopped, the salary issued by the employee for temporary downtime is a loss for the employer. 
Classification of non-standard penalties
Analyzing judicial practice, we can conclude that the following amounts can be compensated as losses:
- Pay for simple transport.
- Commission for issuing a bank guarantee for bidding.
- Forfeit.
- The amount of unjustified enrichment.
- Compensation for non-pecuniary damage.
- Cash mistakenly transferred to the budget.
- Administrative fines and commissions of banks for their transfer, including under decisions on bringing to responsibility, subsequently recognized as illegal and canceled.
Contractual obligations
When concluding an agreement within the framework of civil turnover, in its conditions it is advisable to provide for the possibility, procedure and terms for damages. If there are grounds for a claim, this will greatly simplify the procedure for proving the defendant’s guilt and the validity of the claims. For example, in one of the courts the case was considered for recovering losses from a security company in favor of a transport company. The lawsuit was related to the fact that the latter had to pay an administrative fine for the loss of customs identification funds on the car due to improper performance of obligations Chop The court reasonably recognized the fine as a loss and collected it from the security company. The conditions for such compensations were provided for in the contract between the private security company and the transport company. 
Insurance payments
In practice, quite often companies violate their obligations without providing compensation or violating the terms for reimbursement. If the policyholder as a result of such actions suffers losses in the form of deductions of interest on the loan, it seems that it would be reasonable to recover their amount from the insurance company. But not all courts adhere to this position. In one of the Decisions, the FAS BBO clarifies that the transfer by the company of funds to the bank, including interest for the use of the loan, is the result of the borrower fulfilling his reimbursable counter obligation under the terms of the contract. The parties to the loan agreement are the company and the bank.
In accordance with the rules of paragraph three of Article 308 of the Civil Code, the terms of the contract do not create obligations for entities not participating in it. The loss of property that was insured and acted as a pledge securing a loan agreement does not apply to legal relations between the bank and the company. The period during which the service company must pay compensation cannot affect the obligations of participants to properly fulfill the terms of the contract. Collateral insurance does not act as a way of securing a loan, since it is not provided for in Sec. 23 of the Civil Code.
It follows from this that the company in any case must repay its obligations to the bank. The presence of an insurance contract does not predetermine the liability of the company for non-compliance with the terms of the loan. In the definition of aircraft there is a fundamentally different position. In particular, the resolution indicates that the obligations of the borrower with timely payment by the insurance company of reimbursement could be repaid ahead of schedule and would be considered fulfilled.
findings
In accordance with the above information, a number of key provisions regarding compensation for losses should be noted:
- The legislation does not exclude the right to recover compensation for non-pecuniary damage, administrative fines, interest for the use of other people's funds, etc., if the need to pay them was caused by unlawful actions of the defendant.
- The plaintiff must prove the existence and magnitude of his damage, the fault of the subject who violated his rights, as well as justify the cause-effect relationship between the behavior of the defendant and the consequences.
- When considering the case of recovery of previously paid amounts, the victim must confirm the necessity and validity of the expenses that he incurred to restore his infringed interests.
- In the occurrence of losses that the plaintiff claims to compensate, his fault must be absent. Otherwise, he cannot recover them from the defendant.
Conclusion
Before contacting the court, the victim must take all reasonable legal measures dependent on him to reduce losses, prevent them and strive to minimize the likely negative consequences. Otherwise, the authority authorized to consider the dispute may limit the liability of the debtor. The plaintiff, due to whom third parties have enriched due to the unlawful behavior of the debtor, has the right to demand damages in the form of unjust enrichment amounts. This is allowed if the opportunity to foreclose on these entities is not lost.
