Tvoy Raschet

Pre-trial claim (pretenziya): what it is and how to write one

A written demand to a seller, contractor or debtor to fulfil an obligation: refund the money, replace the goods, pay the debt. It is usually sent before going to court, and sometimes the court will not accept a lawsuit without it.

In Russian: Претензия·Pretenziya

Contracts, documents and rights Checked by the editorial team Checked: September 2026
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In plain words

A claim (претензия, pretenziya) is a written demand to the person who violated your rights: return the money, replace the goods, fix the work, repay a debt. It is a last offer to settle the matter peacefully before going to court.

Sometimes a claim is mandatory: without it the court will not accept a lawsuit. This happens in disputes between companies and sole traders (the reply is usually awaited for 30 days), in motor insurance (ОСАГО) cases, with carriers and telecom operators, and when the contract itself requires a pre-trial procedure. In other cases it is not required but very useful: under the Consumer Rights Protection Law, a 50% fine is imposed on the seller if it did not meet the demand voluntarily, and a claim is the easiest way to prove that.

What to write in a claim

A template for a purchase is in the sample claim to a seller.

How to deliver it

It is important to be able to prove that the claim was received. There are two reliable ways:

Email and messengers work only if the contract names them as a way of communication.

Worked example

You returned a faulty vacuum cleaner worth 30,000 ₽ to a shop and on 1 March handed over a claim demanding a refund. By law the shop must do this within 10 days, that is, by 11 March. The money arrived only on 26 March, 15 days late. The penalty is 1% of the price for each day:

30,000 × 1% × 15 days = 4,500 ₽

If the shop does not pay the penalty voluntarily and you win in court, a 50% fine on the amount awarded is added. Without a claim with a delivery date, there would be nothing to count the delay from. You can run similar calculations for contracts in the penalty calculator.

Calculate it yourself

Change the numbers and the step-by-step calculation updates instantly. Russian rules for 2026.

How to avoid mistakes

  • Do not mix several demands: by law you must choose one (refund or replacement).
  • Write facts and amounts, without emotion or insults.
  • Keep a copy and proof of sending.
  • Do not wait forever: a claim usually does not stop the statute of limitations, except where a pre-trial procedure is mandatory.

In Russia, Kazakhstan and Belarus

Russia

For disputes between companies and sole traders (ИП, IP), a claim is mandatory: you can go to court 30 days after sending it, unless the contract sets another period (Art. 4, part 5 of the Arbitration Procedure Code). For individuals it is mandatory only in some cases (for example, motor insurance (ОСАГО), carriage, telecoms), but it almost always helps: deadlines and penalties are counted from it.

Kazakhstan

In Kazakhstan, pre-trial settlement is mandatory if the law or the contract expressly provides for it; a consumer first applies to the seller with a written demand.

Belarus

In Belarus, the claims procedure is mandatory in disputes between organisations and sole traders (economic court), and for individuals in cases stated in the law or the contract.

Sources: Law of the Russian Federation «On Consumer Rights Protection» («О защите прав потребителей»), ConsultantPlus

This information is for reference only and does not constitute financial, tax or legal advice. Prepared by our editorial team, last checked: September 2026. Found an error? Write to us.

Frequently asked questions

How long should I wait for a reply to a claim?

It depends on the demand: under the consumer law, money for goods is returned within 10 days, and in disputes between companies the wait is 30 days. If the law sets no deadline, state a reasonable one, usually 10 days.

Can I send a claim by email?

Yes, if the contract provides for this way of communication. In other cases it is safer to hand it over in person against a receipt mark or send it by registered post with a list of contents.

What if there is no reply to my claim?

You can file a lawsuit, and in consumer disputes also a complaint to Rospotrebnadzor. A copy of the claim and proof that it was sent will be useful in both cases.

Related terms

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