Civil liability
Documented losses may be awarded to the debtor, creditors or other injured persons.
Other consequences
Removal, SRO discipline and administrative liability are separate mechanisms.
No automatic payment
An insurance policy or fund does not pay merely because a party disagrees with the administrator.
Elements of a damages claim
Article 20.4(4) of Law No. 127-FZ links compensation to improper performance and an effective court judgment. The claimant should identify a specific duty, unlawful conduct, the actual amount of loss and a causal connection.
| Element | Useful evidence | Usually insufficient |
|---|---|---|
| Breach | Court orders, reports, notices, requests and responses | A general allegation of poor work |
| Loss | Calculation, bank records, contracts, valuations and estate data | A speculative amount |
| Causation | A timeline showing that the breach produced the loss | The estate’s general lack of assets |
| Standing | Register entry, status order and evidence of personal loss | Interest in the case without an affected right |
Insurance and the SRO fund
Mandatory professional-liability insurance is governed by Article 20.5. A payment depends on the statutory and contractual conditions. Article 25.1 creates a separate route to the SRO compensation fund where applicable. The statutory package includes, among other things, a judgment awarding damages and documents about the insurance payment.
Practical sequence
- Identify the procedure, appointment period and exact duty.
- Collect reports, the court file, Federal Register notices and financial records.
- Fix the act or omission and the time the loss arose.
- Calculate each loss without duplication.
- Test causation and alternative causes.
- Identify the proper defendants and insurance or fund route.
- Draft relief and evidence for the specific case.
Supreme Court approach
The Russian Supreme Court’s 2025 insolvency review states that only losses caused by identified unlawful conduct of the administrator are recoverable. The counterfactual result of proper performance therefore matters.
Frequently asked questions
Is an unlawful-conduct finding enough?
A money claim normally still requires proof of amount and causation.
Can lost profit be claimed?
Only where the income and causal link can be proven; a hypothetical figure is insufficient.
Does the insurer always pay first?
The route depends on the statute, policy and established insured event.
Is the SRO liable for every member?
The fund operates only under the statutory conditions and document requirements.
Can removal also be requested?
Yes where separate grounds exist, but its test and evidence differ.
Official sources
- Article 20.4 of Law No. 127-FZ;
- Article 20.5 of Law No. 127-FZ;
- Article 25.1 of Law No. 127-FZ;
- 2025 insolvency review of the Supreme Court.
Related guides: removing an administrator, administrator SROs and administrator remuneration.
Need to assess a loss?
We can review the duty, records, calculation and causation without promising a predetermined result.
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