The lost profit, in fact, represents the future expected income not received due to improper fulfillment of the clauses and terms of the contract of one of the business parties. This lost income can be reimbursed according to the Civil Code of the Russian Federation (basis - article 15). Moreover, this is one of the most important conditions for the normal operation of any economic system, and it necessarily includes full compensation for the damage (loss) received, including lost profits. The entire evidence base must be submitted by the plaintiff independently, as provided for in Article 65 of the APC of the Russian Federation.
Unearned profit or lost profits of the Civil Code of the Russian Federation are very difficult in evidence. Demanding her compensation, the plaintiff must show a causal relationship on the facts between the improper actions of the partner (defendant) and the losses caused. This in itself is very difficult. To collect evidence base, it is necessary to conduct an examination of the amount of losses incurred on the basis of a concluded business agreement and the specifics of violation of obligations assumed under it. Compensation can be made if the court is fully provided with all the evidence. This is the actual conditions of violation of obligations under the concluded contract, and the specific amount of losses, and the consistent relationship between them.
Expected income or loss of profit is losses that could not be received by the plaintiff with the exact observance of all obligations under the contract. Lost profit is calculated on the basis of actual costs associated with the receipt of this income (profit). To do this, you can use the current methodology for determining the amount of losses. For example, the loss of profit in the event of a decrease in sales volumes is defined as follows: first, the difference between the planned unit price of the product and the selling price is found, then this result is multiplied by the total number of unrealized units in connection with violations of the terms of the contract. The number of unrealized units is calculated specifically depending on the situation. In such cases, late delivery, short delivery or shortage is possible. And, as a result of these inconsistencies, lost profit arises in the production cycle .
In such cases, it is possible to receive financial compensation from the defendant only upon presentation of a reasoned claim, supported by weighty documentary facts. And since in the course of a court session to determine the conditions for damages, the validity of the plaintiff's claims is first determined, then contractual obligations and facts of violation of clauses of the economic contract are considered first. After this, the possibility of obtaining additional income and its use, as well as the causal and investigative relationship between them and the measures taken by the plaintiff to prepare, are studied.
In this case, the lost profit is supported by the evidence of all possible measures taken to prepare for the receipt of income by the plaintiff, including preliminary agreements on the conclusion of a business agreement. But with one caveat. If these contracts are not signed within the time period specified by the agreement, the obligations assumed lose their force and cannot be used in the form of reasoned evidence. Therefore, the lost profit as one of the ways to recover the losses incurred under the Civil Code of the Russian Federation should be economically justified and supported by weighty documents, indicating the possibility of obtaining financial benefits if the defendant would fulfill all the conditions in full accordance with the clauses of the economic contract.