An approximate example of issuing a certificate of damage to the police from a legal entity

How to write a certificate of damage to the police from a legal entity

Organizations can also become victims of illegal attacks.
Unfortunately, today there are many crimes where a company can suffer damage. However, it is worth distinguishing between criminal acts aimed at seizing financial assets and those that damage property. To determine the harm caused to the company, you should know that ownership can be confirmed by the balance sheet or purchase and sale agreements. Office equipment, furniture, confidential information and documents can be stolen. However, it is much easier to prove actual damages than lost income.

Important! To write a certificate of lost profits, you should involve specialist auditors, economists or accountants.

There is no typical form for drawing up such a document, but certain rules should be followed.

It's not your fault: How to leave a domestic abuser

The problem of domestic violence has existed in society for a very long time, but despite all the efforts of activists, a law that would protect against this problem has not yet been adopted in Russia. For a year and a half, ex-publisher of Enter, journalist and writer Diana Sadreeva communicated with victims of domestic violence, human rights activists, women's rights activists and employees of relief funds. The information collected became the basis for the book “It’s Not Your Guilt.”

With the permission of Alpina Publisher, Enter publishes a fragment that contains instructions on what to do if you decide to leave your rapist. The full version of the book can be ordered on the publisher's website.

If you have time to prepare

The first step is to accept the situation and find support.

You tell friends or relatives about what is happening inside your family, and you need their help and moral support. The more people know what's going on, the more you'll realize that you're not alone and that you can handle it.

You may be condemned and persuaded to “fix everything” - a very large percentage of the population still lives based on stereotypical thinking, patriarchal foundations, and Orthodox values. However, it is worth remembering that the cycle of violence cannot be broken unless the abusive relationship is broken.

How to register correctly

The certificate can be issued either on the official letterhead of the organization or on a simple A4 sheet. Such a document must be signed by the head of the company indicating the position.

If equipment on which the document could be executed is stolen, it is allowed to draw up a certificate by hand.

If the certificate is signed by an authorized person, it is accompanied by a power of attorney or an order to assign responsibilities for signing significant documents. The accountant’s signature, although not mandatory, will still be significant confirmation of the amount of compensation.

Rules for its compilation

There is no unified form or special rules for presentation. Reference documents are drawn up in free form. It is advisable to use the organization's letterhead. Information submitted to the police becomes part of the criminal case, provided that it has been initiated.

The document has a free form. The content and volume of accompanying documentation depends on the type of crime:

1. Theft (Article 158 of the Criminal Code of the Russian Federation). The applicant must provide a complete inventory of the stolen valuables, copies of receipts and delivery notes and an expert’s assessment, if any. An expert assessment allows you to assess the degree of guilt of the offender.
2. Robbery (Article 161 of the Criminal Code of the Russian Federation). An inventory of stolen objects and copies of property documentation are attached to the application.
3. Theft of especially valuable property (Article 164 of the Criminal Code of the Russian Federation). The police are provided with an assessment of material assets and a copy of the photograph or video (if available). If a car is stolen (Article 166 of the Criminal Code of the Russian Federation), reference documents on the amount of damage are submitted to the police and the insurance company.

All copies of organizational orders, acts, statements and extracts are marked with a “Copy is correct” visa. The documents are certified by the signature of the head or other authorized person and the seal of the institution.

Mandatory certificate details:

• header: information about the sender (affected institution) and recipient (investigative department of the internal affairs bodies);
• introductory part: a brief retelling of the incident;
• description: listing the characteristics and distinctive features of the stolen valuables;
• amount of losses incurred: cost of stolen goods and materials, amount of loss, documentary evidence;
• visa: date of issue, signature of the director or authorized employee.

Calculation of the extent of damage caused

Damage in case of theft must be determined both in kind and in the form of lost profits. Legislatively, the status of a commercial organization is focused on generating profit for its continued existence as a participant in civil circulation. If, as a result of theft, this right to receive income in the future was infringed, then the head of the legal entity has the right to independently determine the expected profit, which will not be received due to the illegal actions of the guilty person.

And if proving the amount of real damage usually does not present serious problems, then in practice, difficulties often arise in determining the amount of lost profits.

In 2015, important innovations were introduced, namely Article 393 of the Civil Code of the Russian Federation, according to which they have no right to deprive the right to go to court on the grounds of returning lost profits. As well as including such alleged arrears in the certificate. In 2016, the Supreme Court specified this provision, indicating that the lack of clear mathematical calculations should not be a basis for leaving the statement of claim without progress or not accepting it at all.

When needed

After committing a crime and causing damage to property, a special document is drawn up to ensure a proper investigation and compensation for losses by the injured party. This official form is in practice called a certificate of theft of material assets to the police or the amount of losses of the enterprise. It is necessary in cases where the property of an organization, enterprise, or citizen has been damaged as a result of an unlawful act. The legal value of the document consists in confirming the specific amount at which the losses incurred are estimated, which is important for qualifying the act and filing a civil claim.

IMPORTANT!

Drawing up this form is not a prerequisite for initiating a case and transferring it to court, but it allows you to make the process quick and effective. Presentation of this document to law enforcement agencies is fully consistent with the interests of the victim.

When compiled:

1. If the car is damaged. When applying for insurance, contacting the internal affairs authorities is necessary, but the amount of payment determined by the insurance company may not coincide with the company’s data. Insurers rely on their own rules for assessing damage.
2. Property was stolen.
3. Damage to real estate was caused (as a result of an accident, falling snow, etc.).
4. Documents were stolen.

In addition to the fact that the form is needed to determine the responsibility of the perpetrator, it helps law enforcement officials find property and criminals.

Certification of the document

Unlike the writing of such a certificate by a citizen, a legal entity has only one source for certification.
The police squad that arrived at the scene recorded all the components of the theft. However, if we are talking about the seizure of actual material assets, then, if possible, a representative of the company should provide confirmation of the presence on the company’s balance sheet of some specific, strictly identified item with its essential features. An example of this could be inventory numbers or other markings on equipment. If we are talking about the theft of valuables that are not expressed physically (for example, databases of counterparties, draft contracts, etc.), then it is impossible to certify the value of such data without the correct wording.

After the certificate has been drawn up, you should contact the law enforcement department whose employee compiled the inspection report of the crime scene to certify it.

Without a certified certificate, you cannot file a claim to bring the guilty person to justice.

Such paper will be useful if the office is unexpectedly visited by regulatory authorities. Only a certified document can be the basis for postponing the inspection period until the property status of the company is restored. For example, OBEP came to check licensed software, and the computers were stolen.

Registration requirements

To take appropriate action, the application must be drawn up in accordance with certain rules:

1. The application header includes:

• Full address of the police station
• Information about the applicant (residence address, personal telephone numbers, passport details)

1. Information about the circumstances of the illegal act committed:

• Time
• Place

1. Description of property and assets that have become the target of attack by intruders
2. In case of vehicle theft:

• Registration number
• Year of manufacture of the vehicle
• Model

1. The amount of damage caused. Only an official certificate of damage caused, which is issued after an expert assessment, is taken into account.
2. Date of.
3. Personal signature of the applicant or official representative.

If there are links to any documents, be sure to attach copies of them to the certificate.

Approximate sample

A sample certificate of damage to the police from a legal entity can be found on the Internet, but there is no standard certificate. This is due to the fact that the items of theft may be different; calculations depending on operational wear and tear and the specifics of the company’s activities also cannot be identical.

Let's try to create an approximate sample of the type of certificate in question:

1. The upper right corner is occupied by the details of the body where the documents are submitted, the surname and initials of the head of the body, the name of the injured party and the representative. If the representative is not the highest governing body of a legal entity, then a power of attorney, executed on an official letterhead or notarized, should be attached.
2. In the middle of the sheet the name of the document is indicated - Certificate of Material Damage.
3. The descriptive part of the statement occupies the central part and is the “introduction” to the calculations given. You should definitely carefully record here all the circumstances of the discovery of traces of the crime and the measures taken (whether the police were called, whether an order was drawn up about theft within the company, etc.).
4. The most important and impressive part is calculating the cost of actual damage, which should include amounts for restoration work (for example, a door is broken or a window is broken).
5. Below is information that specifies for what purpose the certificate is drawn up and certified.

After an unlawful act has been committed against a legal entity, the right to compensation for material damage and alleged arrears incurred in the income side of the balance sheet arises.

What form should it be in?

A standard and universal sample of a certificate about the amount of damage to the police is not defined by law. It is drawn up in any form using generally accepted rules of official document flow. It is recommended to use the organization's letterhead. It is important to indicate the exact amount of damage caused. Calculations can be made either by the organization’s own specialists or with the involvement of independent experts and appraisers. The specified amount must be confirmed by documents: acts on the original cost of the damaged property, expert opinions, invoices for repairs, etc.

In difficult cases, an expert commission is created. It determines the value of the object at the time preceding the incident, taking into account depreciation and the funds required for restoration. Based on these data, the total amount of damage is calculated.

When to submit?

The period during which it is necessary to send a claim to the counterparty depends on whether the parties are guided only by general rules of law or whether an agreement has been concluded between them. The period during which a claim to an individual for damages and other types of pre-trial appeals must be sent is included in the text of the contract, for example, in the section “Pre-trial settlement procedure”. If a controversial situation arises, we recommend that you read the contract carefully, especially this section. Its contents often include: the period during which the demand is sent; deadline for receiving a response from the other party; deadline for voluntary satisfaction of demands.

In the event that there is no agreement or the terms are not defined in it, one should be guided by the general provisions of the law:

If your situation does not correspond to the above table, we recommend that you submit your request as soon as possible. When a case moves to the judicial stage, the court is guided by the concept of “reasonable time.” It is determined individually in each situation and ranges from several days to several weeks.