On the Relationship between Damages and Compensation Arising from Unjustified Interim Relief

In judicial practice, questions have arisen regarding whether a court can reclassify a claim for recovery of damages (Article 15 of the Civil Code of the Russian Federation) into a claim for recovery of compensation for unjustified interim relief (Part 2 of Article 98 of the Arbitrazh Procedure Code of the Russian Federation); whether the substitution of parties in the obligation to pay compensation is permissible (Part 2 of Article 98 of the Arbitrazh Procedure Code of the Russian Federation); and other questions, the answers to which depend on whether compensation represents an independent civil-law remedy or is a type of claim for recovery of damages. Having traced the history of changes in the institution of compensation (Part 2 of Article 98 of the Arbitrazh Procedure Code of the Russian Federation), having studied the modern doctrine in the field of damages, including statutory damages, and having summarized judicial practice, the author comes to the conclusion that compensation is a special case of damages. For this reason, the court has the right to independently determine whether to be guided by Article 15 of the Civil Code of the Russian Federation, Part 2 of Article 98 of the Arbitrazh Procedure Code of the Russian Federation, or both provisions simultaneously. The author does not see any obstacles to substituting the party in the obligation to pay compensation (Part 2 of Article 98 of the Arbitrazh Procedure Code of the Russian Federation) in accordance with Chapter 24 of the Civil Code of the Russian Federation.