Organization of compulsory state insurance. Compulsory insurance: features, types, procedure

Concept. Conditions and procedure for the implementation of compulsory insurance. Objects of obligatory insurance. Specific types of compulsory insurance. Legal definition of the contract of compulsory civil liability insurance.

Peculiarities of legal regulation of compulsory medical and pension insurance. Consequences of violation of the rules on compulsory insurance. Compulsory state insurance.

1. Three articles of the Civil Code of the Russian Federation (Articles 935-937) are devoted to the regulation of compulsory insurance. Since there is no legal definition of the concept of "compulsory insurance" in them, the provisions of Art. 935 of the Civil Code of the Russian Federation ("Compulsory insurance"), which provide for the obligation for persons specified by law to insure:

a) life, health or property of other persons specified in the law in case of harm to their life, health or property;

b) the risk of their civil liability, which may arise as a result of causing harm to life, health or property of other persons or violation of contracts with other persons.

The main distinguishing feature of this type of insurance is that insurance is recognized as mandatory only when such an obligation is established by federal law.

The obligation to insure should be understood as the obligation of the person specified in the law to conclude an insurance contract as an insured.

2. The implementation of compulsory insurance consists in the conclusion of an insurance contract. The person charged with the obligation to insure must make an application to the insurer, and the insurer must issue an insurance policy (certificate, certificate, receipt). Acceptance of the specified documents from the insurer confirms the consent of the insured to conclude an agreement on the conditions proposed by the insurer.

The conditions of the contract contained in the offer, application and policy must comply with the conditions specified in the legal act that established compulsory insurance.

These conditions include, in particular:

a) subjects of insurance;

b) objects subject to insurance;

c) a list of insured events;

d) the minimum amount of the sum insured or the procedure for its determination;

e) size, structure or procedure for determining the insurance rate;

f) the term and procedure for paying the insurance premium (insurance contributions);

g) validity period of the insurance contract;

h) the procedure for determining the amount of insurance payment;

i) control over the implementation of insurance;

j) the consequences of non-fulfillment or improper fulfillment of obligations by subjects of insurance.

An insurer that has a license to carry out voluntary insurance of the same type, but does not have a license for the corresponding compulsory insurance, is not entitled to conclude a contract of compulsory insurance.

Compulsory insurance is carried out at the expense of policyholders, except for cases of compulsory insurance of passengers on railway, air, water and road transport, which is carried out at the expense of the passengers themselves and compulsory state insurance, which is carried out at the expense of budgetary funds (Article 969 of the Civil Code of the Russian Federation).

3. Objects of compulsory insurance. The obligation to insure is established only in relation to the interests listed in cl.

1 and 3 Art. 935 of the Civil Code of the Russian Federation, i.e. obligatory insurance objects are:

1) life, health or property of persons specified in the law;

2) the risk of civil liability of persons specified in the law, which may arise as a result of causing harm to life, health or property of other persons or violation of contracts with other persons;

3) property that is state or municipal property and is under economic management or operational management legal entities, in cases provided for by law or in the manner prescribed by it.

4. Specific types of compulsory insurance in accordance with paragraph 4 of Art. 3 of the Law on the organization of insurance business are established by federal laws on specific types of compulsory insurance.

Now in Russia, legislative and other normative acts provide for more than 40 types of compulsory insurance, however, none of these normative acts, insofar as it relates to compulsory insurance, meets the requirements of Art. 3 of the Law "On the organization of insurance business in Russian Federation". The procedure and conditions for most of the types of compulsory insurance are not defined.

N.N. Kosarenko

Among several dozens of special regulations establishing specific types of compulsory insurance, special mention should be made of the Law of the Russian Federation of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of owners Vehicle". Said law contains the following legal definition of this contract.

Compulsory civil liability insurance contract is an insurance contract under which the insurer undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurance event) provided for in the contract, to compensate the victims for the harm caused to their life, health or property as a result of this event (to make an insurance payment) within the amount specified by the contract (sum insured).

The compulsory insurance contract is public.

5. To the relations on obligatory medical and pension insurance of a rule ch. 48 of the Civil Code of the Russian Federation on compulsory insurance in accordance with Art. 970 of the Civil Code of the Russian Federation are applied insofar as the laws on these types of insurance do not provide otherwise.

6. The consequences of violation of the rules on compulsory insurance are provided for in Art. 937 of the Civil Code of the Russian Federation. In particular, a person in whose favor compulsory insurance must be provided by law, if he knows that insurance has not been carried out, has the right to demand in court that it be carried out by the person who is entrusted with the insurance obligation.

7. Compulsory state insurance is the only type of compulsory insurance separately identified in the Civil Code of the Russian Federation.

In order to ensure the social interests of citizens and the interests of the state, compulsory state insurance of life, health and property of certain categories of civil servants may be established by law. Compulsory state insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal executive authorities (insurers) (clause 1 of article 969 of the Civil Code of the Russian Federation).

Compulsory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by the state insurance or other state organizations (insurers) specified in these acts or on the basis of insurance contracts concluded in accordance with these acts by insurers and policyholders (paragraph 2 of article 969 Civil Code of the Russian Federation).

To date, compulsory state life and health insurance has been established:

Members of the Federation Council, deputies of the State Duma;

Judges, arbitration assessors, jurors, bailiffs, prosecutors and investigators;

Employees of foreign intelligence agencies, military personnel, citizens called up for military training, private and commanding officers of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances;

Employees of institutions and bodies of the penitentiary system and employees of the federal tax police, persons in command of the federal courier communications and some other categories of public servants.

legal act

Federal Law No. 3-FZ of May 8, 1994 "On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation"

Federal Law No. 45-FZ of April 20, 1995 "On State Protection of Judges, officials law enforcement and regulatory authorities

Federal Law No. 2202-I of January 17, 1992 "On the Prosecutor's Office of the Russian Federation"

Federal Law No. 5-FZ of January 10, 1996 "On Foreign Intelligence"

Federal Law No. 67-FZ of December 17, 1994 "On Federal Courier Communications"

Federal Law No. 52-FZ of March 28, 1998 "On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, the State Fire Service, Drug Control Bodies and psychotropic substances, employees of institutions and bodies of the penitentiary system and employees of the federal tax police"

Compulsory insurance is a form of insurance in which insurance relations arise by virtue of law. The initiator of compulsory insurance is the state, which, in the form of a law, obliges legal and individuals contribute funds to ensure the public interest. The types, conditions and procedure for conducting compulsory insurance are determined by the relevant laws of the Russian Federation.

Compulsory insurance means that insurance must be carried out at the behest of the state, regardless of whether the insured wants or does not want it.

Compulsory insurance is a form of insurance, the implementation of which is entrusted to the policyholder by law and is carried out through the conclusion of an insurance contract between the policyholder and the insurer. Compulsory insurance is provided by the insured at his own expense.

Compulsory insurance arises in the presence of one of the following conditions:
- voluntary insurance of such risks is commercially unprofitable for insurers;
- voluntary insurance is too expensive for the insured;
- the policyholder himself underestimates the seriousness of such risks.
But at the same time, there must be an objective social need for protection from such risks. In this case, the state adopts a law on compulsory insurance.

The initiative for the implementation of compulsory insurance belongs to the state, therefore such insurance always has a social connotation and expresses the state's concern either for a certain layer of citizens (for example, insurance of passengers of air and railway transport, where the risk of harm is greatest), or for certain property (for example, insurance of residential buildings owned by citizens, etc.). In other words, compulsory insurance means the establishment of insurance protection for objects that are important for the whole society.

PRINCIPLES OF COMPULSORY INSURANCE

There are the following principles of compulsory insurance:
1. Most main principle- the principle of obligation. Insurance is obligatory by virtue of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".
2. An important principle of compulsory insurance is the principle of complete coverage. It lies in the fact that insurance companies, which are entrusted with compulsory insurance, must ensure 100% coverage of objects by this form of insurance, for which they must annually register objects subject to insurance.
3. Another important principle is the principle of automaticity, that is, the automatic nature of the distribution of compulsory insurance. Compulsory insurance objects are included in the plans of insurance companies as they are registered by the latter, after which the insured automatically undertakes to increase insurance premiums under the conditions and within the time limits established by law.
4. Another important principle of compulsory insurance is the principle of perpetuity. It lies in the fact that insurance is valid until the law (decree) on compulsory insurance is repealed or until the insured owns, uses and disposes of the insured property.
5. There is also the principle of the independence of making insurance payments. If the policyholder has not paid the premiums, they are collected from him through the court. If at this time the property was damaged or destroyed, the insurer will pay the insurance indemnity, while retaining the debt (penalty is charged on the debt).
6. The principle of rationing insurance coverage. Compulsory insurance in its contract indicates the normalized amount of insurance coverage in the amount of a certain percentage of the property valuation. Or it can be a fixed amount, which is prescribed in the insurance legislation for certain objects of insurance.

SIGNS OF COMPULSORY INSURANCE

Signs of compulsory insurance can be divided into economic and legal.
The economic features of compulsory insurance include:
1. Mass character - involvement in insurance of a significant number of insured persons.
2. Universality - all persons falling under the category of the insured or insured person must act in this capacity.
3. Comprehensiveness - all objects subject to insurance must be insured.
4. Breadth of coverage - the achievement of a large number of objects of insurance.
5. Availability - such an insurance infrastructure should be created that will allow the insured to carry out insurance without much hassle and difficulty.
6. Uniformity - the procedure and conditions of insurance are established by law, which ensures the uniformity of insurance, regardless of who exactly acts as the insured and insurer and in what place this insurance is carried out.
7. Profitability - taking into account that persons who do not have significant incomes may be involved in insurance, the amount of insurance premiums is set at the minimum possible amount.

The legal features of compulsory insurance include:
1. Insurance is an establishment of the state.
2. Compulsory insurance is established by a legal act in the form of a federal law.
3. The conditions of insurance are largely determined by regulatory legal acts, and not a contract, as is typical of voluntary insurance.
4. Compulsory insurance is compulsory - the policyholder must carry out insurance, regardless of whether he wants it or not.
5. Insurance is accompanied by the establishment of special protection of the interests of both persons who must be insured and persons who act as beneficiaries.
6. Evasion of policyholders from compulsory insurance entails the established liability.

Compulsory insurance is carried out by concluding an insurance contract. An exception to this rule is state compulsory insurance, which can be carried out in a non-contractual form.

The insurant under the compulsory insurance contract is the person who is entrusted with the obligation of such insurance.

TYPES OF COMPULSORY INSURANCE

There are several types of compulsory insurance, each of which helps to organize a certain area of ​​the social life of citizens:
- health insurance;
- social insurance;
- pension insurance;
- property insurance;
- third party liability insurance;
- liability insurance for causing harm during the operation of a hazardous production facility;
- passenger insurance.

Health insurance- This is the most common type of compulsory insurance. Almost all residents of the country have a CHI policy; it provides broad guarantees in the provision of medical services.

The purpose of compulsory health insurance is to ensure the immediate provision of medical care at the expense of the Fund's accumulative resources. Employers transfer money to the medical fund in the form of a deduction in the amount of 3.6% of the unified social tax.

To obtain a medical insurance policy, you must contact the Territorial Compulsory Medical Insurance Fund, the address of which can be found in the nearest clinic. When moving from one subject of the federation to another, you must hand over the old policy, and then get a new one.

However, you have the right to receive medical care in any corner of Russia, therefore, when leaving on a business trip or on vacation, be sure to take a policy with you.

Not all medical services are provided free of charge, for example, preventive, sanitary-resort, cosmetic and other services provided on the personal initiative of citizens are produced on a commercial basis.

To compulsory social insurance There are two types of insurance:
- social insurance in case of temporary disability and in connection with motherhood;
- social insurance against industrial accidents and occupational diseases.

Mandatory pension insurance is developed by the state for the purpose of monetary compensation to the working population upon retirement. The pension of every citizen of the Russian Federation is accumulated as a result of pension contributions. Due to insurance deductions from the place of work, accruals are created that serve as a savings fund throughout the entire working life of the employee. At the same time, the size pension savings, regardless of deductions, you can independently increase. This becomes possible thanks to the voluntary investment of its own funded part in the Federal Pension Insurance Fund.

Each insured person is issued an insurance certificate of state pension insurance, which confirms the registration of the insured person in the system of state pension insurance of the Russian Federation.

Type of compulsory property insurance is insurance of deposits of individuals in banks of the Russian Federation, which is regulated by the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation". The goals of the Law are to protect the rights and legitimate interests of depositors of banks in the Russian Federation, to strengthen confidence in the banking system of the Russian Federation and to stimulate the attraction of household savings to the banking system of the Russian Federation.

OSAGO - compulsory motor third party liability insurance. All car owners know about this type of compulsory insurance. It guarantees compensation for harm to health, life or property in the event of an accident. Third party liability insurance will not help in case of theft of the car, as well as its damage. For high payments and an extended insurance package, you will have to apply for CASCO, which is not cheap.

Compulsory insurance of civil liability of the owner of a hazardous facility, which include:
- mines;
- mines;
- metallurgical plants;
- chemical shops;
- factories for the production of explosives;
- NUCLEAR POWER STATION;
- oil platforms;
- warehouses of fuel and lubricants;
- flour mills;
- other enterprises with the possibility of a threat to life.

An ammonia leak, an explosion at a nuclear power plant, a collapse in a mine, a fire at a gas station - all these are accidents at hazardous facilities. In the event of an accident at a hazardous facility, all affected people receive insurance payments in an increased amount.

Compulsory personal accident insurance for passengers applies to passengers of air, rail, sea, inland waterway and road transport, as well as tourists and sightseers making international excursions through tourist and excursion organizations, for the duration of the trip or flight. It is carried out by concluding agreements between the relevant transport and transport-forwarding enterprises and insurers. This type of compulsory insurance does not apply to such type of transport as a taxi.

Due to violations by carriers of the interests of citizens and the lack of guarantees for receiving payments, on January 1, 2013, "OSGOP-Law" No. 67 (Compulsory civil liability insurance of carriers) came into force. The maximum payment is 2 million rubles, in the event of the death of a passenger, another 25 thousand rubles are added to it for the funeral.

However, with the adoption of the law, the situation has not changed much, since carriers, in collusion with insurance companies, shirk their duties in every possible way.

In order to receive payment in the event of an emergency, you will need to contact the insurer with a ticket and an insurance check. So don't throw away your ticket and insurance before you arrive at your destination. The insurance is only valid for the duration of the trip.

A special type of compulsory insurance is compulsory state insurance. The subjects of this type of insurance include:
- military personnel;
- citizens called up for military training;
- persons of ordinary and commanding staff of the internal affairs bodies of the Russian Federation;
- employees of institutions and bodies of the penitentiary system;
- Employees of the federal tax police;
- employees, military personnel and employees of the State Fire Service.

The legislative framework

There are a number of legislative acts imposing compulsory state insurance for certain categories of persons. For example, such basic laws of the Russian Federation include:
Federal Law No. 3132-I Article 20 “On the Status of Judges in the Russian Federation”, according to which property, health and life of a judge are subject to mandatory state insurance for the total amount of wages for the last fifteen years.
Federal Law No. 45-FZ “On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies” states that other categories of persons are subject to compulsory insurance, such as: investigators, prosecutors, persons conducting inquiries and others; Federal Law No. 3-FZ "On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation".
Federal Law No. 5-FZ, Article 22 "On Foreign Intelligence", according to which the entire personnel of foreign intelligence agencies is subject to insurance in the amount of one hundred and eighty official salaries (salaries); the insurer is the foreign intelligence agency of the Russian Federation under the patronage of the President of the Russian Federation.
Federal Law No. 52-FZ “On Compulsory State Insurance of Life and Health of Military Personnel.
Federal Law N 403-FZ "On the Investigative Committee of the Russian Federation"
Other legislative acts.

Responsibility for violation of the rules on compulsory insurance

If it turns out that compulsory insurance has not been carried out, then the person in whose favor it should have been made has the right to demand in court from the person who is entrusted with the obligation to carry out insurance.

If compulsory insurance is not carried out by the person who is entrusted with the duty of insurance or if an insurance contract is concluded, but its terms violate the interests of the beneficiary, then in the event of an insured event, the person shall be liable to the beneficiary in the amount that would be established with proper insurance.

Amounts saved by a person due to inadequate insurance are recovered to the state income with interest accrued in accordance with Art. 395 of the Civil Code of the Russian Federation.

compulsory social insurance is a separate part of the general financial system of the state. Her main distinguishing feature— targeted nature of the created funds. The development of the financial system of social insurance is an integral function of the welfare state.

Currently, these funds include: RF, RF, (federal and territorial). They are insurers.

Exist two forms of social protection person. First— material support at the expense of funds accumulated in the budgets of all levels, including the budgets of local self-government. This form is called social assistance. It is intended for citizens, mostly disabled, who cannot socially protect themselves on their own. The funds that the state and local governments can allocate for social assistance depend on the taxes collected. With a decrease in budget revenues, the amount of funds allocated for social assistance inevitably decreases.

Second a form of social protection of a person from risks - social insurance, i.e. creation of trust funds Money. This form of social protection is intended for able-bodied citizens who have independent earnings, but risk losing it in whole or in part. Such a threat constantly exists due to the presence of social risks.

Social risks include: temporary disability as a result of illness, the need for medical care, occupational disease and disability, job loss, loss of a breadwinner in the family. In addition, events that affect the financial situation of people (motherhood and the onset of old age) are recognized as social risks.

Social assistance and social insurance are often referred to as social security. In this case, this concept is adequate to the concept of social protection. The concept of "social security" is contained in the current, in the documents of the International Labor Organization, in the Russian Federation (part II, chapter 24 "Unified social tax (contribution)". It is used in the field legal relations. Legal relations on social security are understood as the relations of citizens regulated by the norms of law with social protection authorities on the appointment and payment of pensions and benefits.

Principles of compulsory social insurance

Social insurance is guaranteed by the state. This means that in the event of a shortage of funds for the payment of statutory benefits, funds must be allocated from. Through their representatives, the insured themselves, i.e. employees, participate in the management of compulsory social insurance. Compulsory social insurance is based on the joint liability of the insured for individual insurance risks.

It is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the financial situation of working citizens exposed to social risks.

Compulsory social insurance begins from the moment an employee concludes an employment contract. Therefore, every employee admitted to work is insured. Insurance premiums are received by a specialized organization that is an insurer.

The Federal Law of the Russian Federation "On the Fundamentals of Compulsory Social Insurance" dated June 9, 1999 stipulates insured events, in the event of which the insured person receives material support in one form or another from the insurer. Such support is called insurance coverage for compulsory social insurance. (Not to be confused with social security, which is adequate to the concept of social protection!)

The main principles of compulsory social insurance include:

  • sustainability of the financial system of compulsory social insurance, ensured by the equivalence of insurance payments and insurance premiums;
  • compulsory nature of social insurance;
  • state guarantees of observance of the rights of insured persons to protection against social insurance risks;
  • state regulation of the system of compulsory social insurance;
  • parity of participation of representatives of employees, employers and the state in the management of compulsory social insurance;
  • obligatory payment by insurers (employers) of insurance premiums;
  • intended use of funds;
  • autonomy of the financial system of compulsory social insurance.

It is necessary to distinguish between compulsory social insurance and compulsory state insurance, to which persons of certain professions are subject, for example, military personnel, astronauts, donors, personnel of nuclear installations.

Compulsory social insurance (as opposed to social assistance) has its own financial base, independent of revenues received by the budgets of all levels.

Compulsory state insurance

Compulsory insurance can act as compulsory state insurance carried out at the expense of the budget.

Compulsory personal state insurance established for all employees of tax authorities, police, prosecutors, judges, military personnel of the internal troops, citizens called up for military training. Compulsory state property insurance provided for in case of damage caused by the destruction or damage to property in connection with the performance of official activities (for example, the disaster at the Chernobyl nuclear power plant). Insurance indemnities for compulsory state insurance are made mainly at the expense of budgetary funds.

Relations on compulsory state insurance, where state as an obligatory subject of all financial legal relations acts as insurer of property and personal interests of certain categories of citizens.

Unlike legal relations on compulsory insurance, in relations on compulsory state insurance, one of the parties is always the state or an agency authorized by it, and insurance is carried out (for the insured) free of charge - at the expense of the budget.

In Russia, he distinguishes between compulsory and voluntary types of insurance. The Ministry of Finance of Russia classifies as mandatory types only those types of insurance that have been introduced into mandatory status by federal laws on insurance and equivalent regulations. Therefore, insurers submit reports on 6 types of compulsory insurance:
- personal insurance of passengers (tourists, excursionists);
- state insurance of employees of tax authorities;
- state insurance of life and health of military personnel and persons equated to them in compulsory state insurance;
- civil liability insurance of vehicle owners;
- civil liability insurance of the carrier to the passenger of the aircraft;
- obligatory insurance of civil liability of the owner of a hazardous facility;
- tour operator liability insurance;
- obligatory medical insurance.

There are also a number of types of "imputed" insurance, for which insurance rules and insurance rates are not established by law, but the presence of an insurance policy is necessary for carrying out a particular activity or for receiving certain benefits and benefits.

Notes


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See what "Compulsory insurance" is in other dictionaries:

    COMPULSORY INSURANCE Legal Encyclopedia

    Compulsory insurance- (English obligatory insuranse) a system of relations in the field of insurance arising by virtue of law. The civil legislation of the Russian Federation (Article 935 of the Civil Code of the Russian Federation *) provides that the law may impose on the persons indicated in it the obligation to insure: ... ... Encyclopedia of Law

    See Compulsory insurance Glossary of business terms. Akademik.ru. 2001 ... Glossary of business terms

    Insurance provided by law. Types, conditions and procedure for conducting O.s. determined by the relevant laws of the Russian Federation ... Law Dictionary

    Types of insurance carried out regardless of the requests and desires of the insured person, insurance relations arising by virtue of law. For example, passenger insurance. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic ... ... Economic dictionary

    compulsory insurance- - Topics oil and gas industry EN compulsory insurance ... Technical Translator's Handbook

    COMPULSORY INSURANCE- in accordance with Art. 825 of the Civil Code, legislative acts may impose on the persons indicated in them the obligation to insure: 1) the life, health or property of other persons specified in the legislation in case of harm to their life, health or ... Legal Dictionary of Modern Civil Law

    COMPULSORY INSURANCE- One of the forms of insurance in which insurance relations arise by virtue of law. Unlike voluntary insurance, they do not require a preliminary agreement (agreement) between the insurer and the insured. Most widely used in... Economics and Insurance: Encyclopedic Dictionary

    compulsory insurance- rus compulsory insurance (c) eng compulsory insurance fra assurance (f) obligatoire deu Pflichtversicherung (f) spa seguro (m) obligatorio ... Occupational safety and health. Translation into English, French, German, Spanish

    Insurance carried out regardless of the requests and desires of the insured person, insurance relations arising by virtue of law. For example, passenger insurance, compulsory medical insurance. Types, conditions and procedure for conducting ... ... Encyclopedic Dictionary of Economics and Law

Books

  • Compulsory third party liability insurance. Commentary on the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", SV Dedikov. The commentary explains the articles of the Federal Law, as well as the texts of the main legal acts in force in this area; the full text of the Rules for compulsory insurance of civil ...
  • Insurance disputes in the practice of the Supreme Court of the Russian Federation (Compulsory insurance of civil liability of vehicle owners), Ed. Tsindeliani I.A. The manual presents the legal positions of the Supreme Court of the Russian Federation related to the application of legislation on compulsory insurance of civil liability of vehicle owners.…

Test

COMPULSORY INSURANCE



1. The concept and role of compulsory insurance

Peculiarities of legal regulation of compulsory insurance contracts

Characteristics of contracts for certain types of compulsory insurance

Literature


1. CONCEPT AND ROLE OF COMPULSORY INSURANCE


As a rule, insurance is carried out on the basis of the voluntary will of the parties, and most of the insurance contracts are concluded on this basis. However, when the insurance protection of certain objects is connected with the interests not only of an individual insured, but of the whole society, the state establishes a mandatory form of insurance.

The purpose of compulsory insurance is the need to protect the interests of third parties in cases of damage to them, as well as the provision of additional guarantees for the protection of property interests, the risk of harm to life and health of persons performing any socially useful functions or exposed to additional danger.

In some cases, when compensation for damage and the participation of an insurance organization in this is of public interest and necessity, the degree of freedom of the parties is significantly limited. At the same time, instead of the right to conclude a contract, the policyholder has an obligation to conclude a contract, and the insurer has to accept the risk for insurance. The emergence of such an obligation is possible only by virtue of the law (and only federal, since civil legislation, on the basis of the Constitution of the Russian Federation, is assigned to the exclusive jurisdiction of the Russian Federation).

The general rules governing compulsory insurance appeared only in the second part of the new Civil Code, before that the legal regulation of compulsory insurance was carried out by separate laws. All laws currently being adopted and regulating relations in the field of compulsory insurance must comply with general rules established in the Civil Code.

Compulsory insurance, in addition to performing its main function - protecting public interests, also performs another important function - the use of free funds of the insurance fund of compulsory state insurance to finance other interests of the state.

Compulsory insurance is carried out only by virtue of law, but it would be wrong to assume that in this case, there is no need for an insurance contract. Legal relations, rights and obligations of the parties, in any case, arise from the insurance contract. The conclusion of an insurance contract is mandatory, in the prescribed form, even if the insurance is carried out by a state insurance company on the conditions established by law. Of course, in the implementation of compulsory insurance, there is no need to regulate in detail any general conditions and form of the contract. They are established by specific regulations. However, at the same time, it must be borne in mind that insurance legal relations can only arise between a specific policyholder and the insurer.

It is necessary to distinguish between compulsory insurance by virtue of law and by virtue of a contract. In essence, insurance is mandatory by virtue of the law, since only it entails legal consequences (they will be discussed below) provided for by the Civil Code and special laws. Compulsory insurance, the need for which is determined by certain types of contracts (pledge, lease, transport expedition, etc.), as a rule, entails legal consequences arising from this type of contract.

The normative act establishing compulsory insurance should define:

  • policyholder, i.e. persons who are obliged to carry out insurance;
  • insured persons, i.e. persons whose interests are subject to insurance; interests insured;
  • insurance risks, i.e. dangers, in case of occurrence of which insurance is carried out;
  • minimum sums insured:
  • insurance rates;

If at least one of these conditions is not defined in the relevant regulatory act, compulsory insurance cannot be considered established and the persons specified in this act do not have an insurance obligation.

The objects of compulsory insurance are property interests related to life, health, property of citizens and legal entities. In any case, the ultimate goal of compulsory insurance is to protect the interests of persons who have suffered from insured events. Compulsory insurance is carried out at the expense of the insured, with the exception of passenger insurance, where the insured and the insured person are the same.

In the event that the insurer is the state represented by its bodies or enterprises, the payment of insurance premiums is carried out at the expense of the relevant budget. Thus, in compulsory insurance, which is based on a direct indication of the law, compulsory state insurance can be distinguished. Its distinguishing features are:

  • a special source of financing - budgetary funds;
  • special composition of insured persons - civil servants of certain categories;
  • a special circle of objects of insurance - life, health and property of civil servants;
  • the basis for the emergence of insurance relations - the law or other normative act;
  • the insurer is, as a rule, a state organization;
  • the amount of the insurance premium is determined by law;
  • General rules on insurance are applied to compulsory state insurance only in a subsidiary manner.

Another feature of compulsory insurance is its universality, which means the obligation to conclude an insurance contract for all subjects specified in the law. Evasion of this obligation may entail certain legal consequences for both the insured and the insurer.


2. FEATURES OF LEGAL REGULATION OF COMPULSORY INSURANCE CONTRACTS

mandatory transport life insurance

Legal regulation of compulsory insurance is carried out by the Civil Code (Articles 935 - 937 and Article 969 of the Civil Code) and federal laws. General rules, which must be observed in all types of compulsory insurance, are established by the Civil Code, and the rules for a particular type of compulsory insurance are determined by federal law. Usually, in order to more clearly regulate relations on compulsory insurance, the law provides for the adoption of one or more by-laws (decrees of the Government of the Russian Federation, orders for ministries and departments, instructions, etc.), which regulate certain provisions of laws in more detail. It is important that by-laws do not contradict the law and correctly interpret its provisions, which is not always observed.

Currently, there are more than thirty types of compulsory insurance. In detail, the legal regulation of some of them will be discussed below, so only general issues regulation of relations on compulsory insurance established in the Civil Code.

Obligations assigned by the Civil Code to the insured in the implementation of compulsory insurance:

  1. To insure the life, health or property of other persons specified in the law in case of harm to their life, health and property;
  2. Insure the risk of its civil liability, which may arise as a result of harm to life, health or property of other persons or violation of contracts with other persons;
  3. In cases stipulated by law or in the manner prescribed by it, legal entities that have state or municipal property in economic jurisdiction or operational management may be required to insure this property;
  4. The obligation to insure one's life and health cannot be assigned to a citizen by law.

In case of violation of the rules of compulsory insurance provided for by law, the Civil Code establishes the general consequences of violation of such rules:

  1. If the policyholder, who is obliged by law to conclude an insurance contract in favor of another person, has not fulfilled this obligation, then the person in whose favor the insurance was to be carried out has the right to demand the fulfillment of the obligation by the insurer in court;
  2. A person who has not carried out compulsory insurance by virtue of law or has carried it out on worse conditions for the beneficiary, in comparison with those established by law, shall be liable to him, upon the occurrence of an insured event, on the conditions established by law;
  3. When the insured does not fulfill the obligation imposed on him by law to conclude an insurance contract and pay insurance premiums to the insurer, all amounts of money intended for compulsory insurance and unjustifiably saved are subject to collection in the income of the Russian Federation with interest accruing at the refinancing rate of the Central Bank, at the claim of state authorities insurance supervision;

Legal forms of compulsory insurance, by the right of choice by the insurer of the insurer, can be divided into two groups:

  1. Mandatory-monopoly insurance, when the insurer, as a rule, state-owned, is directly specified in the law (for example, the Compulsory Social Insurance Fund).
  2. Mandatory-competitive insurance, which, in turn, is divided into:
  3. insurance, when more than one insurer is not given preference, and the right of choice remains with the insured;
  4. insurance, when the right of choice remains with the insured, but preference is still given to the state insurer;
  5. eventual, in which the policyholder is given a certain period for choosing an insurer, and after its expiration, he is obliged to insure himself with the insurer specified in the regulatory act.

Each type of compulsory insurance has its own characteristics, therefore, the Civil Code defines only the norms and rules that allow you to get a general idea of ​​​​the legal regulation of these relations. It is impossible to consider all types of compulsory insurance in this tutorial, therefore, in the future, only individual, typical types of compulsory insurance or those with significant features in legal regulation will be considered.


3. CHARACTERISTICS OF CONTRACTS FOR SOME TYPES OF COMPULSORY INSURANCE


Compulsory passenger insurance.

Compulsory passenger insurance is a kind of exception among other types of compulsory insurance and has a number of features.

It is carried out on the basis of the requirements established by decrees of the President of the Russian Federation of April 6, 1994 No. 667 "On the main directions public policy in the field of compulsory insurance” and dated July 7, 1992 No. 750 “On Compulsory Personal Insurance of Passengers”. These regulations regulate the conduct of compulsory personal insurance of passengers on the territory of the Russian Federation against accidents in air, rail, sea, inland water and road transport, as well as sightseers making international excursions through tourist and excursion organizations, for the duration of the trip (flight).

The rules of this type of insurance do not apply to passengers:

  1. all modes of transport of international communications;
  2. railway, maritime, inland waterway and suburban road transport;
  3. sea ​​and inland water transport of intracity communications and crossings;
  4. road transport on urban routes.

The insurance contract for passengers (tourists) is concluded, in the manner and under the conditions established by regulatory enactments, between the carrier and insurance companies licensed to carry out this type of insurance. The size of the insurance tariff is set by the insurer in agreement with the Ministry of Transport of the Russian Federation, the Ministry of Railways and the state insurance supervision body.

The amount of the insurance premium is included in the cost of the travel document and is collected from the passenger (tourist) when selling the travel document. Persons enjoying the right to travel free of charge through the territory of the Russian Federation are subject to insurance without paying an insurance premium. In international practice, passenger insurance is carried out by insuring the liability risk of the carrier and at his expense. If we proceed from the rules established by the Civil Code and international practice, then the insurance of passengers (tourists) in Russia contradicts both. According to paragraph 2 of Art. 935 of the Civil Code, the obligation of a citizen to insure his life and health cannot be assigned to him by law, and even more so at his expense. In this case, the formal insurer under the insurance contract is the carrier, however, the obligation to pay the insurance premium is assigned to the insured person (passenger, tourist), by including the cost of insurance in the cost of the travel document. Obviously, this contradiction will be eliminated with the adoption of a law that will regulate relations in this type of insurance.

The insurance amount for compulsory insurance of passengers (tourists) is set at 120 minimum wages, established by law on the date of purchase of the travel document. If a passenger is injured as a result of an accident in transport, he is paid a part of the amount in accordance with the severity of the injury. In the event of the death of the insured person, the entire sum insured is paid to his heirs.

The carrier is obliged to draw up an act on each accident in transport in two copies. The first copy is handed over to the insured person, the second remains with the carrier. The insurance payment is made by the insurance company no later than 10 days after receiving from the insured person an act on an accident in transport and other documents provided for by this type of insurance.

An insurance company that has concluded an agreement on compulsory insurance of passengers (tourists) is obliged to familiarize the insured person with the rules of insurance, including providing information on the place, procedure and conditions for receiving insurance payments in the event of an insured event. This is usually done by posting the insurance rules near the ticket office where the travel document is purchased.

The general conditions for concluding a passenger insurance contract are determined on the basis of regulatory enactments, however, other conditions for each type of transport are determined by the insurer. Let's consider some of these conditions on the example of railway passenger insurance. The terms of the railway insurance contract establish the carrier's obligation to represent the interests of the insured person. Insured events are the injury and death of a passenger as a result of an accident on railway transport. The policyholder may refuse to pay the sum insured to the insured person in the following cases:

  1. commission by the passenger of an intentional crime that led to the occurrence of an insured event;
  2. the presence of the insured person in a state of alcoholic, narcotic or toxic intoxication, which led him to suicide or attempted suicide, if he was not brought into such a state by the actions of third parties;
  3. deliberate infliction of bodily harm by the passenger;
  4. violation by the passenger of instructions approved by the Ministry of Railways of the Russian Federation and determining the procedure for using railway transport;

Under the insurance contract, the passenger is considered insured from the moment of the announcement of boarding the passenger train and until the moment he leaves the railway station or destination station, but not more than one hour after the arrival of the passenger train. Transit passengers are considered insured on the territory of the railway station (station) for the entire period of waiting or boarding a passenger train.

Disputes arising under the passenger insurance contract are resolved through negotiations, and in case of failure to reach an agreement in court, according to the rules established by the procedural legislation.

Compulsory state life insurance for military personnel and citizens called up for military training.

Insurance for persons on public service and performing other socially useful functions, can be carried out on the basis of laws regulating exclusively insurance relations and on the basis of the provisions of the law regulating other relations, but containing insurance rules (for example, the laws “On the Police”, “On the Status of Judges in the Russian Federation”, "On the Prosecutor's Office in the Russian Federation", etc.).

One of the types of compulsory state insurance is insurance carried out on the basis of the Federal Law of March 28, 1998 No. 52-FZ “On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Persons of Private and Commanding Staff of Internal Affairs Bodies of the Russian Federation, state fire service, bodies controlling the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system.

The Law specifies and, in pursuance of this instruction, Decree of the Government of the Russian Federation dated July 29, 1998 No. 855 “On measures to implement the Federal Law “On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanding Officers of Internal Affairs Bodies” of the Russian Federation, the State Fire Service, organizations for the control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system. The Decree is accompanied by a list of documents necessary for making a decision on the payment of the sum insured and a list of injuries (wounds, injuries, concussions) in the presence of which a decision is made on the occurrence of an insured event.

On the basis of these regulations, an order was issued by the Minister of Defense and other ministries and departments that are required to conduct compulsory state insurance of persons equated with military personnel, as well as instructions that regulate in more detail the legal relations arising in this type of insurance.

In accordance with the law, the object of compulsory state insurance is property interests related to the life and health of military personnel and persons equated to them in compulsory state insurance. They are subject to insurance from the day the military service begins, as well as within a year after its completion, if death or disability occurred from injuries, diseases and injuries received during military service.

The subjects of compulsory state insurance of military personnel and persons equated to them are:

  1. Insurer - an insurance company that has a license to carry out this type of insurance. To activities for the implementation of compulsory state insurance of military personnel and persons equated to them are allowed Insurance companies that meet the requirements for the protection of state secrets, the authorized capital of which was formed without the participation of foreign investments, having experience in the field of personal insurance for at least one year and indicators of sufficient financial reliability established by the federal agency for supervision of insurance activities;
  2. The insurers under compulsory state insurance are federal executive bodies, in which the legislation of the Russian Federation provides for military service, service, military training;
  3. The beneficiaries under compulsory state insurance, in addition to the insured persons, are close relatives of the insured person (spouses, parents), as well as grandparents in the absence of parents, if they raised or supported the insured for at least three years, stepfather and stepmother, if they raised or supported him not less than five years old, children under 18 years old, children with disabilities, as well as children who study in educational institutions up to 23 years old, wards of the insured person;

A person is considered insured from the moment the military service begins. The beginning of the passage of military service for persons who have concluded a contract is established from the moment the contract is signed, and for persons undergoing military service by conscription from the moment of departure from the military commissariat of the subject of the federation.

Insured events in the implementation of this type of compulsory state insurance are:

  1. death (death) of the insured person during the period of military service and training or before the expiration of one year after the service, if death occurred as a result of injury (trauma, concussion) received during the period of service and training;
  2. the establishment of a disability for the insured person during the period of service (collection) or within a year after dismissal from military service due to injury (wound, concussion) received during the period of service (collection);
  3. receiving by the insured person during the period of service (duties) a severe or slight injury;
  4. early dismissal of a serviceman who is serving on conscription or called up for military training, from a position for which a military rank is provided up to foreman (inclusive), and recognized by the medical commission as limitedly fit for military service due to injury (wounds, injuries, contusions) received during the period passing service.

The amounts of the paid sums insured are determined by the size of official salaries according to military rank and positions. When calculating the sums insured, monthly salaries established on the day of payment of the sums insured are taken into account. In the event of insured events, the amounts insured are:

  1. in case of death of the insured person - 25 salaries for each beneficiary;
  2. in case of establishment of disability for the insured person - 75 salaries for a disabled person of the first group, 50 salaries for a disabled person of the second group, 25 salaries for a disabled person of the third group.
  3. in the event that the insured person receives a severe injury (wounds, injuries, contusions) during the period of military service (training) - 10 salaries, a slight injury - 5 salaries;
  4. in case of early dismissal from military service due to injury (wounds, injuries, contusions) - 5 salaries.

The insurer is obliged to pay the assigned sums insured within 15 days after receiving all the necessary documents. In case of delay in the performance of its obligation, the insurer shall pay to the beneficiary a penalty in the amount of 1% of the amount intended for payment for each day of delay. The law obliges military commissariats, command units and other institutions to assist beneficiaries in requesting and processing the documents necessary to make a decision on the payment of insurance sums. Persons guilty of an unreasonable refusal to issue such documents shall be liable in accordance with the procedure established by the legislation of the Russian Federation.

Compulsory state insurance of military personnel and persons equated to them is carried out at the expense of funds allocated to insurers from the relevant budgets.

The insurer may be exempted from paying the sum insured under compulsory state insurance if the insured event occurred as a result of the insured person committing a crime, being in a state of alcoholic, narcotic or toxic intoxication, or intentionally causing harm to his health. However, the insurer is obliged to pay the sum insured to the beneficiaries in the event of the suicide of the insured person, if the latter has been in military service for at least 2 years. When accepting under a contract or conscription for military service (military training), the insured is obliged to familiarize the insured persons with the rules of insurance, the procedure for processing documents and methods for paying insurance sums.

A detailed settlement procedure, a list of documents required for the payment of sums insured and the procedure for settling other relations that arise between subjects of compulsory state insurance are usually established in the instructions attached to the order of the relevant ministry or department on carrying out this type of insurance.

Compulsory insurance of civil liability of vehicle owners.

A classic example of compulsory liability insurance is compulsory third party liability insurance for vehicle owners. Throughout the civilized world, the need for this type of insurance is not questioned, and a person who has not insured his liability is simply not allowed to drive a vehicle. In Russia adopted law"On Compulsory Insurance of Civil Liability of Vehicle Owners" dated 25.04.02. No. 40-FZ (hereinafter referred to as the Law on Liability Insurance), is subjected to powerful obstruction by part of society and some deputies. Meanwhile, the need for this type of insurance is long overdue. According to some reports, in Russia, as a result of an accident, he dies and is injured more people than in "hot spots" and from other types of crimes. Most often, it is not the law itself that causes dissatisfaction, but insurance rates, which are set by government decree. Since insurance rates and other technical issues in this type of insurance have already changed many times and will change many times, we will focus only on the basic principles and rules of liability insurance for vehicle owners.

The Law on Liability Insurance establishes that civil liability insurance of vehicle owners is introduced in order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons.

To avoid conflicts in the application and interpretation of the law, its text reveals the content of the basic concepts.

A vehicle is a device designed to transport people, goods or equipment installed on it by road. At the same time, the liability of owners of vehicles with a maximum design speed of not more than 20 km/h, which are not subject to the legislation on admission to participate in road traffic, vehicles of the Armed Forces of the Russian Federation, except for buses, cars and trailers to them, vehicles registered in foreign countries, if the civil liability of their owners is insured within the framework of international compulsory insurance systems.

The use of vehicles means their operation associated with traffic on roads and adjacent territories. The operation of the equipment installed on the vehicle, not related to its participation in road traffic, is not the use of the vehicle. The owner of the vehicle is a person who owns the vehicle on the basis of ownership, other real rights or on other legal grounds (rent, power of attorney, order, etc.). the owner of the vehicle is not the person driving it by virtue of official duties, labor or civil law contract. Driver - a person who drives a vehicle. On training vehicles, the driver is considered to be a training person.

Victim - a person whose life, health or property has been harmed when another person uses the vehicle.

A contract of compulsory insurance of civil liability of vehicle owners is a contract under which the insurer undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurance event) provided for in the contract, to compensate the victims for the harm caused to their life, health or property as a result of this event (insurance payment) within the amount specified by the contract (sum insured).

The main principles of compulsory liability insurance are:

  • guarantee of compensation for harm caused to life, health or property of the victims, within the limits established by law;
  • universality and mandatory civil liability insurance by vehicle owners;
  • the inadmissibility of using vehicles on the territory of the Russian Federation, the owners of which have not insured their liability;
  • economic interest of vehicle owners in improving road safety.

It follows from the above principles that the liability insurance obligation applies to all vehicle owners. If the right to own a vehicle arises again, the new owner must insure his liability before registering the vehicle, but no later than five days after the right of ownership arises. The insurance obligation does not apply to the owner of a vehicle whose liability risk is insured by another policyholder.

For example, a person driving a vehicle by proxy is not required to insure his liability if the owner of the vehicle has insured the risk of his liability. The law allows for voluntary additional liability insurance, and for persons who have not insured the risk of liability at all, the obligation to compensate for harm is imposed on the basis of civil law. The liability insurance contract for vehicle owners is an adhesion contract, since the conditions under which the contract is concluded are contained in a standard contract, which is developed on the basis of insurance rules issued by the Government of the Russian Federation.

The object of compulsory liability insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from damage to life, health or property of the victims when using the vehicle in the territory of the Russian Federation, except for cases of liability due to:

  • causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
  • infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;
  • causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
  • environmental pollution;
  • damage caused by the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with another law;
  • infliction of harm to the life and health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with other legislation;
  • obligations to compensate the employer for losses caused by harm to the employee;
  • damage caused by the driver to the vehicle and trailer driven by him, the cargo being transported, the installed equipment;
  • causing harm during loading or unloading of cargo, as well as during the movement of a vehicle on the internal territory of the organization;
  • damage or destruction of antiques and other unique items, buildings and structures of historical and cultural significance, products made of precious metals and stones, cash, securities, other items of intellectual property;
  • the obligation of the owner of the vehicle to compensate for the damage in excess of the amount of liability provided for in Chapter 59 of the Civil Code.

In all these cases, damage is compensated in accordance with the rules established by civil law.

The law establishes the maximum sum insured for liability insurance contracts of vehicle owners:

  • in terms of compensation for harm caused to the life and health of several victims, no more than 160 thousand rubles;
  • in terms of compensation for damage caused to the property of several victims - 160 thousand rubles, but not more than 120 thousand rubles. when causing damage to the property of one victim.

The law entrusts the development and state regulation of insurance tariffs to the Government of the Russian Federation. The law on liability insurance provides only general instructions, for example, that the validity period of tariffs cannot be less than 6 months, a change in tariffs does not entail a change in the amount of insurance premium under an already concluded contract, insurance tariffs consist of base rates and increasing and decreasing coefficients etc. This part of the law is the most vulnerable and is often subject to and will be subject to change, so it makes no sense to provide data that existed at the time of writing this tutorial.

The term of the contract of compulsory liability insurance of vehicle owners is one year, except as otherwise provided by law. The contract concluded for one year may be extended for the next term by paying the insurance premium by the insured, at the current tariffs, no later than two months before the expiration of the contract. Otherwise, the policyholder must notify the insurer of the refusal to renew the contract. The validity of the extended contract shall not be terminated if the insurer delays payment of the insurance premium for the next year by no more than 30 days. The last provision of the law is nothing more than a benefit provided to regular customers. For a period of less than one year, an agreement can be concluded in two cases: in the case of temporary use of foreign vehicles on the territory of the Russian Federation (but not less than 15 days) and in the case of purchasing a vehicle for the period of its journey to the place of registration.

The law regulates the procedure for the actions of policyholders and victims in the event of an insured event, and they are assigned the following obligations:

  • in the event that the insured is a participant in an accident, he is obliged to inform other participants, at their request, of information about the compulsory insurance contract, and if the insured is absent, then this must be done by the driver of the vehicle;
  • the policyholder must report the accident to the insurer within the period and in the prescribed form established by the contract;
  • until satisfaction of the claims of the victims, the insured must act in accordance with the instructions of the insurer, and if a claim is brought against the insured, involve the insurer in the case. Otherwise, the insurer has the right to put forward objections to the claim for insurance payment, which he had in relation to claims for compensation for the harm caused;
  • if the victim intends to exercise his right to the insurance benefit, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible;

The amount of insurance payment is calculated by the insurer in accordance with the requirements of Chapter 59 of the Civil Code, the victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of the damage.

The procedure for providing evidence and other information in the law is defined only in relation to causing damage to property. The victim is obliged to provide the insurer with damaged property or its remains for inspection and organization of an independent examination (assessment) to determine the amount of losses subject to compensation. If the evidence presented by the victim does not allow determining the amount of losses, then the insurer has the right to inspect the vehicle of the insured and organize an independent examination in relation to it. The policyholder is obliged to provide the vehicle at the request of the insurer in the manner prescribed by the contract.

The insurer is obliged to examine the provided evidence or appoint an expert examination within five working days from the date of the victim's application. If the evidence cannot be presented to the insurer, then he must inspect them within the same time frame at their location. In case of violation by the insurer of the terms specified in the law, the victim has the right to independently apply for an examination (assessment), without presenting the damaged property to the insurer. The cost of an independent examination, in this case, is included in the composition of losses subject to compensation under the insurance contract.

The insurer has the right to refuse the insurance payment to the victim if the repair of the damaged property or the disposal of the remains carried out before the inspection and independent examination do not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the contract.

In order to receive an insurance payment, the victim must send to the insurer or its representative authorized to consider such claims and make insurance payments, an application demanding an insurance payment and documents attached to it on the occurrence of an insured event and the amount of damage to be compensated. The application is sent to the location of the insurer or its representative, which must be indicated in the insurance policy. The insurer must consider the application and make the insurance payment within 15 days. Until the full determination of the damage and the amount of the insurance payment, the insurer, at the request of the victim, has the right to make a partial payment or arrange and pay for the repair of damaged property on account of the payment due. If the amount of payments declared by several victims exceeds the sum insured established by law, the insurer shall make payments in proportion to the ratio of the sum insured to the sum of claims of the victims.

The insurer has the right to present a recourse claim against the person who caused the harm in the amount of the insurance payment made, if:

  • as a result of the intent of the specified person, harm was caused to the life or health of the victim;
  • the harm was caused by a person driving a vehicle under the influence of alcohol or drugs;
  • the specified person did not have the right to drive the vehicle, during the use of which they were harmed;
  • said person fled the scene of the accident;
  • the specified person is not included in the insurance contract as a person authorized to drive a vehicle (if such persons are identified in the insurance contract);
  • the insured event occurred when the specified person used the vehicle during the period not provided for by the compulsory insurance contract (if the contract was concluded with an indication of the periods of use of the vehicle).

In this case, the insurer shall not be entitled to demand from the said person reimbursement of expenses incurred during the consideration of the insured event. The liability insurance contract must specify the vehicle whose owners' civil liability is insured. Under the contract, the liability of the policyholder himself, another owner named in the contract, as well as other persons using the vehicle legally can be insured. At the conclusion of the contract, the policyholder is given an insurance policy and a special sign of the state standard, which is placed on the windshield of the vehicle.

Citizens have the right to conclude compulsory insurance contracts subject to their limited use. Limited use means the use of a vehicle only by drivers specified by the policyholder and (or) seasonal use of vehicles for six or more months a year. In this case, the insurance premium is calculated taking into account reducing coefficients. Data on the limited use of vehicles are indicated in the insurance policy.

Disabled persons who have received vehicles through the social protection authorities are provided with compensation in the amount of 50% of the insurance premium they paid at the expense of federal budget for social assistance. State authorities and municipal authorities have the right to establish full or partial compensation of insurance premiums for other categories of citizens at the expense of the relevant budgets.

An insurer providing compulsory insurance of civil liability of vehicle owners must have a representative in each constituent entity of the Russian Federation authorized to consider the claims of victims and make insurance payments. A necessary requirement for the insurer, upon obtaining a license, is the presence of at least two years of experience in carrying out vehicle insurance operations or the civil liability of their owners. In addition, the insurer must be a member of a professional association of insurers. The professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of mandatory membership of insurers and operating in order to ensure their interaction and the formation of rules professional activity in the implementation of compulsory insurance. A professional association of insurers is created and operates in accordance with the legislation of the Russian Federation on associations and unions.

In addition to general functions, the professional association of insurers has the obligation to make compensation payments to victims when it cannot be made by the insurer due to:

  • application to the insurer of the bankruptcy procedure provided for by federal law;
  • the uncertainty of the person responsible for the harm caused to the victim; the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm, due to his failure to fulfill the obligation established by law for insurance, if at the same time the claim of the victim for compensation for the harm caused was not satisfied, despite the implementation by the victim of the actions provided for by the legislation of the Russian Federation to recover the compensation due to him .

To perform this function, the professional association of insurers forms special reserves at the expense of contributions, contributions and other obligatory payments of members of the professional association.


Literature


1. The Civil Code of the Russian Federation adopted by the State Duma on October 21, 1994, as amended this document from 28.11.2011.

Law of the Russian Federation "On the organization of insurance business in the Russian Federation" November 27, 1992 No. 4015-1

Bogoyavlensky Sergey Borisovich Insurance: a textbook for bachelors: for students studying in the specialty "Finance and Credit" / [Bogoyavlensky S. B. [and others]; ed. L. A. Orlanyuk-Malitskaya, S. Yu. Yanova; Financial University under the Government of the Russian Federation, St. Petersburg State University. University of Economics and Finance Moscow: Yurayt, 2012

Kasyanova Galina Yuryevna Insurance contributions to wages: the procedure for calculating and paying mandatory payments to the Pension Fund, social and medical insurance funds: complex issues, practical examples, paperwork / G. Yu. Kasyanova Moscow: ABAK, 2012

Sokaeva B.B., Zakharova N.I., Fobyanchuk A.A. Insurance of objects of increased danger in the Russian market. NEW MATERIALS AND TECHNOLOGIES - NMT-2012. Materials of the All-Russian Scientific and Technical Conference. Moscow, November 20-22, 2012 - M.: MATI, 2012. - 410s. UDC 368.1 ISBN 978-5-93271-675-5

Skamay Lyubov Grigoryevna Insurance business: a textbook for students of higher educational institutions students in the specialty "Management of the organization" / L. G. Skamai; Ministry of Education of the Russian Federation, State. un-t ex. Moscow: INFRA-M, 2012

Alekhina Elena Sergeevna Insurance: a short course of lectures / E. S. Alekhina Moscow: Yurait, 2011

Aliev Basir Habibovich Insurance: a textbook for university students studying in the specialties "Finance and Credit", "Accounting, Analysis and Audit"; in the scientific specialty 08.00.10 "Finance, money turnover and credit" / B. Kh. Aliev, Yu. M. Makhdieva

Arkhangelskaya, T. A. Insurance: textbook: a textbook for students of higher educational institutions studying in the direction of "Economics" (qualification "Bachelor") / [T. A. Arkhangelskaya and others]; ed. I. P. Khominich; Russian Economic University im. G. V. Plekhanova Moscow: Master: INFRA-M, 2011

Akhvlediani Julia Tambievna Insurance: a textbook for students of higher educational institutions studying in the specialties (060400) "Finance and Credit", (060500) "Accounting, Analysis and Audit" / Yu. T. Akhvlediani Moscow: UNITI, 2011

Bogoyavlensky Sergey Borisovich Insurance: a textbook for bachelors: a textbook for students of higher educational institutions studying in economic areas and specialties: a textbook for students studying in the specialty "Finance and Credit" / [Bogoyavlensky S. B. and others]; ed. L. A. Or Moscow: Yurayt, 2011

Galaganov Vladimir Petrovich Insurance business: a textbook for students educational institutions medium vocational education/ V. P. Galaganov Moscow: Academy, 2011

Ermasov Sergey Viktorovich Insurance: a textbook for bachelors: a textbook for students of higher educational institutions studying in economic specialties / S. V. Ermasov, N. B. Ermasova Moscow: Yurayt, 2011.

Fobyanchuk Alexander Aleksandrovich « About the program "Educational insurance" OS. "XXV Gagarin Readings". Abstracts of the International Youth Scientific Conference. Moscow, April 6-10, 1999 M .: Publishing house "LATMES", 1999, Volume 2, - 459p.

Fobyanchuk Alexander Alexandrovich Insurance policy on the Internet. New materials and technologies - NMT - 2000. Abstracts of the All-Russian Scientific and Technical Conference. Moscow, October 24-25, 2000 - M.: Publishing house "LATMES", 2000. - 305 p.


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