Short answer: a pre-action claim is not required in every dispute, but legislation or a contract may make it mandatory. Before filing a case, identify the applicable procedure, the content of the demand, the response period and a method that can prove delivery to the recipient.
Check the law and the contract first
The mandatory procedure depends on the type of claim, the parties’ status and the contract terms. Rules from one kind of dispute should not be assumed to apply to another: some claims require a pre-action demand, some do not, and parties may agree an additional procedure.
What to include in the claim
A claim normally identifies the recipient, facts, contract or other source of the obligation, the specific demand, any calculation, a response period and attached documents. It should make clear what performance or settlement is requested.
How to prove that it was sent
Keep a copy of the claim and delivery evidence: postal records, an enclosure inventory, courier confirmation, an acknowledgement of receipt or another admissible record. Email, a messenger or another digital channel may be appropriate where that method is expressly provided by law or contract, or supported by the parties’ established communication practice.
The Supreme Court of Russia has explained that the claimant bears the burden of proving that an address was sent and that digital communication is sufficient only in defined circumstances; printouts and screenshots can be used when they identify the page address and time. Supreme Court Plenum Resolution No. 18.
Allow the required period before court
The timing depends on legislation, the contract and the method of delivery. Do not file before a mandatory period has expired where no response has been received; procedural consequences depend on the case type and circumstances.
Bring these documents to a consultation
Bring the contract, correspondence, calculation, draft claim, delivery evidence and any response. This makes it possible to assess whether a pre-action procedure is mandatory and what evidence already exists, without promising a litigation outcome.