This agreement is a type of property insurance agreement, as indicated by clause 2, part 2, art. 929 of the Civil Code, according to which, under a property insurance contract, such property interests as the risk of liability under contracts can be insured (Article 932). In our case, such an agreement is a contract for the carriage of a passenger.

The Law does not contain a definition of a compulsory insurance contract for civil liability of a carrier (hereinafter referred to as a compulsory insurance contract). But it states that this is an agreement in favor of a third party (the beneficiary), which is concluded between the insurer and the policyholder in the manner and form established by the Civil Code for insurance contracts. The contract is a means of eliminating the consequences unfavorable for the carrier caused by its civil liability for causing harm during the transportation of life, health, and property of passengers.

Based on the specified purpose and belonging to the system of property insurance contracts, a contract of compulsory civil liability insurance of a carrier can be defined as an agreement under which one party (the insurer) undertakes for a fee stipulated by the contract (insurance premium) upon the occurrence of an insured event (the carrier's obligations to indemnify damage during the transportation of life, health, property of passengers) to compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for the losses caused within the amount specified in the contract.

The peculiarities of this agreement are that, firstly, insurance of the risk of liability for violation of the contract of carriage of a passenger in the form of causing harm to his life, health, property is directly provided for in clause 6 of Art. 3 of the Law, which corresponds to the provisions of paragraph 1 of Art. 932 of the Civil Code, according to which insurance of the risk of liability for breach of contract is allowed in cases provided for by law. Consequently, this liability insurance contract cannot be regulated by another regulatory legal act. Secondly, the risk of liability of only the policyholder himself and no other person is subject to insurance. Violation of this requirement means the nullity of the compulsory insurance contract (clause 2 of Article 932 of the Civil Code).

This is a public contract. The insurer has no right to refuse its conclusion to any policyholder who has made such a proposal. In this case, the contract must be concluded on the same conditions for all.

He belongs to the number real contracts. In accordance with Part 2 of Article 7 of the Law, the contract comes into force on the day the policyholder fulfills the obligation to pay the insurance premium or the first insurance premium.

This is a mutual and compensated agreement.

Parties to the compulsory insurance contract- insurer and policyholder. Insurer under a compulsory insurance contract, this is an insurance organization that has received a license to carry out compulsory insurance in the prescribed manner and has joined a single all-Russian professional association of insurers for the implementation of compulsory insurance (clause 8 of article 3 of the Law). An insurer that is not a member of a professional association of insurers has no right to carry out compulsory insurance of civil liability of a carrier for damage caused to life, health, or property of passengers during transportation.

The Law regulates in sufficient detail questions about the goals of the professional association of insurers, its status and powers. As a non-profit organization, a professional association of insurers carries out its activities in accordance with the provisions of the legislation on non-profit organizations provided for in relation to associations (unions). Among its powers should be highlighted such as the creation of a compensation fund, the implementation of compensation payments in accordance with the requirements of the Law, the formation and use of information resources containing information about compulsory insurance contracts, insured events, policyholders, victims, the amount of insurance payments and some others. The professional association of insurers ensures the exchange of information between its members and monitors the timeliness and validity of insurance payments to victims. To do this, it forms compensation fund through contributions from insurers.

Members of a professional association of insurers bear subsidiary liability for its obligations regarding the implementation of compensation payments in proportion to the amount of funds allocated to finance these payments. 1

In accordance with the Law, members of the professional association of insurers form reinsurance pool for reinsurance of the risks of civil liability of the carrier for causing harm to life, health and property of passengers. This association, without forming a legal entity, carries out joint activities of the specified subjects of reinsurance relations on the basis of a simple partnership agreement. Its purpose is to provide financial stability insurance operations for compulsory insurance of civil liability of the carrier. It is achieved by distributing the risks accepted by this association among the pool participants and establishing joint liability of the pool participants. The law contains a requirement that the participation of members of a professional association of insurers in the reinsurance pool is mandatory.

Insured in the contract is the carrier carrying out the transportation of passengers, who has concluded a compulsory insurance agreement with the insurer (Clause 9 of Article 3 of the Law).

Among the participants in insurance relations, the Law on Compulsory Insurance of Civil Liability of a Carrier singles out the carrier itself. The legislative act defines the carrier and establishes its duties and rights. It is a legal entity or individual entrepreneur that is registered in the territory Russian Federation and, in accordance with the legislation of the Russian Federation, carry out transportation regardless of the type of transport. 1 In essence, the definition of a carrier given in transport charters and codes is reproduced here in general terms, but an important point regarding the contractual nature of the transportation carried out by him is not noted. Meanwhile, it is precisely this circumstance that indicates the fact that a legal entity or individual entrepreneur acts as a carrier under a contract for the carriage of passengers and, at the same time, as an insured, is a party to a compulsory insurance contract.

It follows from the compulsory insurance contract that its participants include the beneficiary - the victim whose health and (or) property was harmed. If harm is caused to the life of the victim, the beneficiaries in relation to compensation for the necessary funeral expenses are the persons who actually incurred the expenses. As for the rest of the insurance compensation, in relation to it - these are citizens who have the right to compensation for damage in the event of the death of the breadwinner in accordance with civil law, and in the absence of such citizens - the spouse, parents, children of the deceased, citizens with whom the victim was dependent if he did not have independent income.

Object of insurance under a compulsory insurance contract are the property interests of the carrier associated with the risk of its civil liability for obligations arising as a result of damage caused to the life, health, and property of passengers during transportation. The specified insurance risk is limited to the insured amount. In accordance with the Law on Compulsory Insurance of Civil Liability of a Carrier (Article 8), in the compulsory insurance contract, the insured amounts for each risk of civil liability must be indicated separately and amount to the following amounts, respectively:

• 1) for the risk of civil liability for causing harm to the life of the victim in the amount of not less than two million twenty-five thousand rubles;
• 2) for the risk of civil liability for causing harm to the health of the victim - in the amount of no less than two million rubles per passenger;
• 3) at the risk of civil liability for causing damage to the property of the victim in the amount of not less than twenty-three thousand rubles per passenger.

1. Contract of compulsory liability insurance of vehicle owners: general characteristics of the obligation to insure liability, the object of insurance, the sum insured, the actions of the insured and the victim upon the occurrence of an insured event, the insurer’s right to make a recourse claim against the insured

The Institute of Compulsory Civil Liability Insurance of Vehicle Owners appeared in the Russian Federation on July 1, 2003, when the Federal Law of the same name came into force dated 04/25/2002 N 40-FZ “On compulsory civil liability insurance of vehicle owners” (hereinafter referred to as the MTPL Law). From this moment on, in the Russian Federation it became mandatory to conclude contracts on compulsory insurance of civil liability of vehicle owners (hereinafter referred to as contracts on compulsory insurance) when the right to own a vehicle arises.

The main purpose of introducing compulsory insurance is to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons. Compulsory insurance is based on the following principles provided for in Art. 3 Law on compulsory motor liability insurance:

a) guarantee of compensation for harm caused to the life, health or property of victims, within the limits established by law. The amount of compensation is limited to the insurance amount established by Art. 7 Law on OSAGO;

b) universality and mandatory liability insurance for vehicle owners;

c) the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled their obligation to obtain compulsory insurance;

d) economic interest of vehicle owners in improving road safety.

Compulsory insurance of civil liability of vehicle owners is a type of liability insurance for causing harm - a subtype of property insurance and belongs to the category of compulsory insurance.

As established in paragraph 2 of Art. 927 Civil Code of the Russian Federation, in cases where the law imposes on the persons specified in it the obligation to insure as insurers the life, health or property of other persons or their civil liability to other persons at their own expense or at the expense of interested parties (compulsory insurance), insurance is carried out by concluding contracts in accordance with the rules of Chapter. 48 Civil Code of the Russian Federation.

Until the entry into force of the Law On compulsory motor liability insurance, this type of insurance was not compulsory, but voluntary. However, the possibility of using the institution of voluntary insurance of civil liability of the vehicle owner remains today. In particular, the owner of a vehicle can additionally voluntarily insure his civil liability in case of insufficiency of the insurance payment under compulsory insurance for full compensation for damage up to any insured amount in excess of the insured amount under compulsory insurance. This is directly indicated by paragraph 5 of Art. 4 Law on OSAGO. In the Russian insurance market, such insurance products are becoming increasingly common.

The principles of constructing the Russian compulsory insurance institution correspond to the European model of similar compulsory insurance institutions and differ from the Anglo-American model. In particular, in the European model, compulsory insurance is carried out in relation to each of the vehicles owned by the policyholder. On the contrary, in the Anglo-American model of compulsory insurance, the policyholder insures his liability only once, regardless of the number of vehicles the policyholder has.

Compulsory civil liability insurance applies only to ground transport intended for movement on roads, and does not apply to other types of transport - sea, water, rail, air, space.

The introduction of the institution of compulsory insurance in the Russian Federation was gradual, and the legislator considered it insufficient to have the general consequences of violating the rules on compulsory insurance established in civil legislation. In Art. 937 The Civil Code of the Russian Federation provides for three special consequences:

firstly, the person in whose favor compulsory insurance must be carried out by law has the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by the person charged with the insurance obligation;

secondly, the person entrusted with the obligation of insurance did not carry it out or entered into an insurance agreement on conditions that worsen the position of the beneficiary compared to the conditions determined by law, upon the occurrence of an insured event, he is liable to the beneficiary on the same conditions as he should have be paid insurance compensation with proper insurance;

thirdly, amounts unjustifiably saved by a person charged with the obligation of insurance, due to the fact that he did not fulfill this obligation or performed it improperly, are recovered at the request of the state insurance supervisory authorities to the income of the Russian Federation with the accrual of interest on these amounts for use strangers in cash in the manner provided for in Art. 395 Civil Code of the Russian Federation.

In the practice of implementing compulsory civil liability insurance, there has been practically no case of application of these special legal consequences of non-compliance with the requirements for compulsory insurance. And this is not necessary for the following reasons:

unknown until the occurrence of an insured event of a specific beneficiary in relations under compulsory civil liability insurance. It is any victim who will be harmed and who appears after the fact of causing harm and the onset of civil liability of the insured person in connection with this;

the settlement of the legal situation recorded in the second legal consequence in the legal regulation of compulsory insurance in Art. 14 and 18 Law on Compulsory Motor Liability Insurance - when insurance payment to the victim is made even if the person responsible for the damage caused is not included in the insurance policy, or even in the absence of a compulsory motor liability insurance contract and harm is caused to the life or health of the victim. Another thing is that after making insurance or compensation payments, the insurer or professional association of insurers will have the right of recourse against the person responsible for causing the harm;

lack of information from the insurance supervisory authority about the facts of non-conclusion by policyholders of compulsory insurance contracts. In contrast, to ensure the fulfillment of the obligation for compulsory insurance established by law, special rules on the consequences of non-fulfillment have appeared in administrative legislation.

Insurance rates are the price rates established in accordance with the Law on compulsory motor liability insurance, used by insurers when determining the insurance premium under a compulsory insurance contract and consisting of base rates and coefficients. The law determined that the maximum levels of insurance rates must be economically justified.

The Government of the Russian Federation has the right to periodically review the size of tariffs, but in doing so it must be guided by the following principles:

) the share of the insurance premium used in calculating insurance rates and directly intended for making insurance and compensation payments to victims should not be less than 80% of the insurance premium;

) the validity period of the established insurance rates cannot be less than six months. A change in insurance rates does not entail a change in the insurance premium under the compulsory insurance contract during its validity period, paid by the insured according to the insurance rates in force at the time of payment;

) full or partial compensation to certain categories of policyholders for the insurance premiums they have paid by increasing insurance premiums for other categories of policyholders is not allowed.

Insurance rates for compulsory civil liability insurance of vehicle owners. According to the rules of paragraph 1 of Art. 9 The Law on Compulsory Motor Liability Insurance (MTPL) insurance rates consist of base rates and coefficients. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff coefficients.

From now on, the preparation of documents regarding a road traffic accident can be carried out not only by authorized police officers, but also without them - in strictly defined cases, in the presence of the following three circumstances simultaneously:

as a result of a traffic accident, damage was caused only to property;

a traffic accident occurred involving two vehicles, the civil liability of whose owners was insured in accordance with the commented Federal law ;

the circumstances of harm in connection with damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notifications of the road traffic accident, the forms of which are filled out by the drivers involved in the road traffic accident vehicles in accordance with the rules of compulsory insurance.

IN in this case, when, by law, police officers may not be involved in registering an accident, completed accident notification forms, along with the victim’s application for insurance payment, are sent to the insurer to determine the amount of losses to be compensated.

The insurer has the right to order an independent examination of vehicles involved in a traffic accident in the event of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) circumstances of harm in connection with damage to property as a result of a traffic accident, recorded in the submitted notifications about a traffic accident. Moreover, registration of documents about an accident without the participation of police officers is possible provided that the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles. The insurer has the right to file a recourse claim against the person who caused the harm in the amount of the insurance payment made by the insurer if:

due to the intent of the said person, harm was caused to the life or health of the victim;

the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);

the specified person did not have the right to drive the vehicle during the use of which he was harmed;

the said person fled the scene of the traffic accident;

the specified person is not included in the compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);

the insured event occurred when the specified person used the vehicle during a period not provided for by the compulsory insurance contract;

At the time of the insured event, the diagnostic card expired , containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, a passenger taxi, a bus or a truck designed and equipped for the transport of people, with more than eight seats (except for the driver), a specialized vehicle designed and equipped for transportation of dangerous goods.

The main subject of copyright is the author of the work. The main subject of copyright is the author of a work of science, literature or art, i.e. the citizen whose creative work created this work. The author is considered to be the person indicated as the author on the original (for example, on a manuscript) or on a copy of the work (on a book, phonogram, etc.), unless otherwise proven.

The author owns the right of authorship and other inalienable and non-transferable personal non-property rights. The provision that the exclusive right to the result of intellectual activity created by creative work initially arises with the author is fully applicable to the author of a work of science, literature and art. An exclusive right can be transferred to other persons only by agreement or on other grounds established by law.

A work can be created by the joint creative work of two or more citizens, i.e. co-authored. In accordance with paragraph 1 of Art. 1258 of the Civil Code, citizens who have created a work through joint creative work are recognized as co-authors, regardless of whether such a work forms an indivisible whole (indivisible co-authorship) or consists of parts, each of which has independent meaning (separate co-authorship). Examples of indivisible co-authorship include works written by I. Ilf and E. Petrov, brothers A. and B. Strugatsky, book illustrations by artists G.A.V. Traugott et al. An example of separate co-authorship could be a textbook in which specific sections were written by different authors.

The rights to a work created in collaboration belong to the co-authors jointly. This means that, unless otherwise provided by agreement of the co-authors, such work is used jointly by them. If the work forms an indivisible whole, then none of the co-authors has the right to prohibit its use without sufficient grounds. On the contrary, in cases where the use of a part of a work that has independent meaning is possible independently of its other parts, provided that otherwise is not provided by agreement between the co-authors, this part of the work can be used by its author at his own discretion.

Co-authors also jointly dispose of the exclusive right to a work created in collaboration. The issue of alienation of the exclusive right to a work or the conclusion of a license agreement granting the right to use a work created in collaboration must be decided by all its authors jointly, on the basis of unanimity. If no agreement is reached between them, the dispute is referred to the court.

Income from the sharing of a work created in collaboration must be distributed equally among the co-authors, unless otherwise provided by agreement between them. In such an agreement, co-authors can not only agree on the amount of remuneration and the procedure for its distribution, but also provide for a different procedure for exercising their exclusive right to a work, for example, entrusting its implementation to one of the authors or a third party.

The provision of paragraph 4 of Art. is new. 1258 of the Civil Code, which provides that each of the co-authors has the right to independently take measures to protect their rights, including in the case when the work created by the co-authors forms an inseparable whole. The introduction of this rule makes it possible to simplify the protection of the violated rights of co-authors, since the need to file statement of claim in court and carrying out other actions of this kind on behalf of all co-authors of the work in practice is often associated with many difficulties.

Works of science, literature and art are recognized as objects of copyright, regardless of the merits and purpose of the work, as well as the method of its expression. Unlike paragraph 1 of Art. 6 of the Copyright Law in Art. 1259 of the Civil Code there is no indication that the work must be the result of creative activity, since the criteria for “creativity” cannot be precisely defined. Any work is presumed to be of a creative nature (otherwise it is not a work). This position is reflected in the definition of the author as a citizen who creates a work through his creative work. In addition, due to the direct indication of the law, messages that are solely informational in nature are not subject to copyright.

Copyright applies to both published and unpublished works. It is only important that the work be expressed in some objective form - for example, in written, oral form, in the form of an image, sound or video recording, in three-dimensional form.

The objects of copyright are: literary works; dramatic, musical-dramatic and screenplay works; choreographic works and pantomimes; musical works with or without text; audiovisual works (for example, films); works of painting, sculpture, graphics, design and other works of fine art; works of decorative, applied and scenographic art; works of architecture, urban planning and landscape art; photographic works; geographical, geological and other maps, plans, sketches and plastic works related to geography, topography and other sciences, as well as other works.

Computer programs, although they have a number of differences from other works, are also recognized as objects of copyright. They are granted protection “as literary works.”

The above list of copyright objects is approximate, therefore the results of intellectual activity not named in it, but corresponding general criteria protectability provided for in Art. 1259 of the Civil Code are also subject to copyright protection.

Objects of copyright include derivative works that are a creative processing of another previously created work, as well as composite works, provided that they represent, by the selection or arrangement of materials, the result of creative work.

Copyright protection extends not only to the work as a whole, but also to its individual parts, including the title and character of the work, provided that by their nature such parts can be recognized as an independent result of the author’s creative work and are expressed in some objective form .

The character of the work as an object of copyright protection is named in the Civil Code for the first time. It should be treated in the same way as other protected parts of the work. Copyright at its core aims to protect the form, not the content, of a work. Therefore, in the Civil Code, a character is understood as an element of the form of a work: a verbal description of a hero in a literary work, an image of an artist in a role or a cartoon character in an audiovisual work, etc.

Copyright arises by virtue of the very fact of creation of a work. The creation, exercise and protection of copyright does not require registration of a work or compliance with any other formalities.

The copyright holder, to notify him of the exclusive right to a work, has the right to use a special copyright protection sign, which is placed on each copy of the work and consists of three elements: the Latin letter “C” in a circle, the name or designation of the copyright holder and the year of first publication of the work. The use of a security sign is not mandatory. It is mainly intended to prevent possible violations by third parties and to facilitate the process of proving the ownership of an exclusive right to a certain person (or persons) in the event of a legal dispute. For the same purpose, at the request of the copyright holder in accordance with the rules of Art. 1262 of the Civil Code, state registration of computer programs and databases can be carried out.

Copyright does not apply to ideas, concepts, principles, methods, processes, systems, methods, solutions to technical, organizational or other problems, discoveries, facts, programming languages. Such results of intellectual activity are not protected by copyright, since it is aimed at protecting the form in which the work is expressed externally, and the creative nature of the results listed above and their value lie in their internal content and do not depend on the external form. Some of them may receive protection as objects of other intellectual rights.

Paragraph 6 of Article 1259 of the Civil Code contains a list of the results of intellectual activity, which, although expressed externally in an original objective form, are still, for various reasons, not recognized as objects of copyright.

For the first time, Article 1264 of the Civil Code establishes the limits of legal protection of draft official documents, symbols and signs. As a rule, such documents, symbols and signs have authors and, until they receive the appropriate status, are no different from ordinary works. The right of authorship to a draft of an official document (including an official translation of such a document), as well as to a draft of an official symbol or sign, belongs to its developer, i.e. the person who created such a project. The developer has the right to make his project public, unless prohibited by the customer - government agency, local government or international organization. When publishing a project, the developer has the right to indicate his name.

Having received official status in the prescribed manner, such a work changes its legal regime. The author of a work recognized as an official document, state symbol or sign loses not only the exclusive right, but also personal non-property rights to such work.

However, in the public interest, the developer's copyright is limited by law even at the development stage of the relevant project. In particular, it is provided that a draft official document, symbol or sign may be used by a state body, local government body or international organization for the preparation of a corresponding official document, symbol or sign without the consent of the developer, provided that this draft is either made public by the developer for use by these bodies or organization, or sent by it to the relevant body or organization. It has also been established that in the process of preparing an official document, developing a symbol or sign, additions and changes can be made to the project at the discretion of the relevant body or organization, for which the consent of the developer is not required. After the project has been officially accepted for consideration by a state body, local government body or international organization, the project can be used without indicating the name of the developer.

It should be borne in mind that relations related to the creation of draft official documents, symbols and signs are accordingly subject to the rules of the Civil Code on copyright contracts, on official works and on works created under a state or municipal contract. At the same time, the rights of holders of the exclusive right to the project other than the author are also subject to appropriate restrictions.

Several articles of Chapter 70 of the Civil Code contain more detailed information compared to Art. 1259 of the Civil Code, characteristics of some objects of copyright that have pronounced specificity.

In particular, Article 1260 is devoted to those mentioned in paragraph 2 of Art. 1259 Civil Code for derivative and composite works. Both of these groups of works are secondary in nature, since they are created on the basis of other works. This feature brings them together and makes their legal regime similar.

Copyright in a derivative or composite work (such as a translation or collection of articles) does not prevent others from translating or otherwise rearranging the same original work, or from creating new composite works by different selection or arrangement of the same materials. The author of a work placed in a collection or other composite work has the right to use his work independently of the composite work, unless otherwise provided by his agreement with the creator of the composite work.

The rule on the rights of encyclopedia publishers has undergone certain changes, encyclopedic dictionaries, periodical and ongoing collections of scientific papers, newspapers, magazines and other periodicals. If in paragraph 2 of Art. 11 of the Copyright Law stipulated that such a publisher has exclusive rights to use the relevant publications, then in paragraph 7 of Art. 1260 of the Civil Code provides that he only has the right to use such publications.

In connection with the inclusion of Article 1240 on a complex object in Chapter 69 of the Civil Code, the rules on audiovisual works have undergone noticeable changes. An audiovisual work is a work consisting of a fixed series of interconnected images (with or without sound) and intended for visual and auditory (with sound) perception using appropriate technical devices. Audiovisual works include cinematographic works and all works expressed by similar means (television and video films, etc.), regardless of the method of their initial or subsequent recording.

The general contractor filed a claim with the arbitration court to recover from the customer the penalties established in the construction contract for the delay in transferring technical documentation for the work.

Objecting to the stated claim, the defendant referred to the fact that since the work contract does not contain a term for the completion of work, it is considered not concluded.

WHAT DECISION SHOULD THE ARBITRATION COURT MAKE?

For a contract, an essential condition is the establishment of deadlines for the completion of work. Thus, if there is no term in it, the contract is not considered concluded (Article 432 of the Civil Code of the Russian Federation). The contract must specify both the start date for the work and the completion date.

Deadlines can also be determined in another way (for example, by indicating the periods when work must be started and completed, say, “no later than the first quarter of 2008”). The main thing is that both the beginning and the end of the work are defined.

In addition, the parties have the right to specify interim deadlines.

Hence Arbitration court must deny the claim.

List of used literature

1On compulsory civil liability insurance of vehicle owners: Federal Law dated April 25, 2002 No. 40-FZ (as amended on May 7, 2013)// SZ., 2002. No. 18. Art. 1720; Russian newspaper. No. 80. 05/07/2002

Grudtsyna L.Yu., Spektor A.A. Scientific and practical commentary to the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” (item-by-item). M.: YURKOMPANI, 2009. 256 p.

Kuznetsova O.V. OSAGO. M.: Yurayt, 2008. 187 p.

Article-by-article commentary to the Civil Code of the Russian Federation, part two: in 3 volumes / N.V. Bandurina, A.I. Bibikov, E.V. Vavilin and others; edited by P.V. Krasheninnikova. M.: Statute, 2011. T. 3. 574 p.

Article-by-article commentary to the Civil Code of the Russian Federation, part four / N.G. Valeeva, K.V. Vsevolozhsky, B.M. Gongalo et al.; edited by P.V. Krasheninnikova. M.: Statute, 2011. 926 p.

Sokol P.V. Compulsory civil liability insurance for vehicle owners: a scientific and practical guide. M.: Business Dvor, 2013. 168 p.

Thanks to M.G. On the issue of liability in the event of an insured event in a compulsory motor liability insurance contract // Transport Law. 2010. N 4. S. 4 - 5.

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Civil liability insurance for vehicle owners is one of the most popular types of civil liability insurance, providing payment to the victim of monetary compensation from the owner of the vehicle responsible for the accident in favor of third parties (or their successors) in the event of their injury or death, as well as damage or loss of property belonging to them.

The basic principles of compulsory civil liability insurance for vehicle owners are:

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

According to the form of involvement of policyholders in insurance legal relations, civil liability insurance of vehicle owners is mandatory, carried out by force of law.

Federal Law No. 40-FZ of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners” (hereinafter referred to as Federal Law No. 40-FZ) gives a fairly clear definition of a compulsory insurance contract. In particular, in Art. 4 Federal Law No. 40-FZ states that vehicle owners are obliged, at their own expense as insurers, to insure the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of others when using vehicles: “Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts.”

In accordance with Art. 1 Federal Law No. 40-FZ, the contract of compulsory insurance of civil liability of vehicle owners is understood as “an insurance contract under which the insurer undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event (insured event) provided for in the contract, to compensate the victims for the damage caused as a result of this event life, health or property (carry out insurance payment) within the amount specified in the contract (sum insured).”

First of all, the contract of compulsory insurance of civil liability of vehicle owners is bilateral, where one party is the insured, who undertakes to pay the appropriate remuneration (insurance premium), and the other is the insurer, who assumes the risk, that is, the obligation to bear civil liability for those consequences that may occur for the property of a given person in the event of his civil liability for harm caused to other persons when using a vehicle.

The insured is a person who enters into an insurance contract in order to relieve the owner of the vehicle responsible for the accident from the obligation to compensate for damage caused to third parties. This responsibility passes to the insurer in accordance with the insurance contract. If the policyholder is an individual, then the contract indicates the surname, name, patronymic and residential address of the policyholder. If the policyholder is a legal entity, then the contract indicates the name and organizational and legal form of the legal entity, surname, first name, patronymic, as well as the position of the representative of the legal entity, the basis on which he acts on behalf of the legal entity (as a rule, heads of organizations, all other representatives act on the basis of a power of attorney). Individuals also have the right to enter into an agreement through representatives.

Insurer is a legal entity licensed by the Federal Insurance Supervision Service (hereinafter referred to as FSSN) to carry out insurance activities on the territory of the Russian Federation. The following information about the insurer is indicated in the license: organizational and legal form, name, number and date of issue of the license, the body that issued the license. The policyholder has the right to check with the insurer the availability of the following documents:

• ? licenses for this type of insurance;
• ? a certificate confirming the membership of the insurance company in the professional association of insurers, which is the Russian Union of Auto Insurers, created in accordance with the requirements of the law.

The contract of compulsory civil liability insurance for vehicle owners is public. In accordance with paragraph 3 of Art. 426 and paragraph 4 of Art. 445 of the Civil Code of the Russian Federation, an insurer licensed to insure vehicles is obliged to conclude a compulsory insurance agreement with anyone who applies to it. If an insurer that has the appropriate license to provide insurance refuses to conclude a contract of compulsory insurance of civil liability of vehicle owners, it can be forced to conclude this contract in court.

In accordance with Art. 426 of the Civil Code of the Russian Federation, another important condition of public contracts is that the insurer does not have the right to give preference to one person over another with regard to concluding a public contract. Moreover, the price of goods, works or services, as well as other terms of the public contract are the same for all consumers.

Participants in relations arising from compulsory insurance of civil liability of vehicle owners are also the beneficiary.

Beneficiary is the person receiving the insurance payment. When insuring civil liability of vehicle owners, the beneficiary is the victim, that is, the person injured in a traffic accident due to the fault of the vehicle owner. The beneficiary is not indicated in the compulsory civil liability insurance contract, since his identity is unknown at the time of concluding the contract.

The owner of a vehicle is the owner of a vehicle, as well as a person who owns a vehicle under the right of economic management or the right of operational management or other legally(rental right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to him, etc.). A person who drives a vehicle in the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle.

Driver is a person who drives a vehicle (uses a vehicle) with the right of ownership, use, disposal, and whose liability risk is insured under a compulsory insurance contract. This person, among other things, drives a vehicle on the basis of an employment agreement (contract) or a civil contract with the owner or other owner of the vehicle, the risk of liability of which is insured in accordance with a compulsory insurance agreement. When learning to drive a vehicle, the driver is considered to be the person teaching.

When concluding an insurance contract, it is necessary to indicate the persons who are allowed to drive the vehicle. Moreover, the number of such persons can be either limited or unlimited.

Federal Law No. 40 in Art. 5 defines the standard conditions of an agreement on civil liability insurance of vehicle owners as the conditions under which a compulsory insurance agreement is concluded must comply with the standard conditions of a compulsory insurance agreement contained in the rules of compulsory insurance issued by the Government of the Russian Federation.

The essential terms of the MTPL agreement are:

• ? object of insurance;
• ? insurance risks and insured events;
• ? motor vehicle;
• ? duration of the contract;
• ? insurance premium and procedure for its payment.

The contract of compulsory civil liability insurance for vehicle owners is fixed-term, that is, it is valid within the period established by law. So, according to Art. 10 of Law No. 40-FZ, the validity period of this agreement is one year, with the exception of cases for which the legislation provides for other validity periods of such an agreement. Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 15 days.

When purchasing a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner has the right to enter into a compulsory insurance agreement for the period of travel to the place of registration of the vehicle. In this case, the owner of the vehicle is obliged to conclude a compulsory insurance agreement for one year before registering it.

The compulsory insurance contract is extended for the next year if the policyholder has not notified the insurer of its refusal to renew it no later than two months before the expiration of this contract. The validity of the extended compulsory insurance contract does not terminate if the policyholder is late in paying the insurance premium for the next year by no more than 30 days.

These are general provisions prescribed in Law No. 40-FZ regarding the validity period of a compulsory insurance contract. In addition, compulsory insurance contracts can currently be concluded for a period of six months in case of seasonal use of a vehicle. However, in such a huge country as Russia, with the so-called northern factor, not everyone is satisfied with this state of affairs. The reason for the dissatisfaction of individual citizens is that in many regions of Russia, mainly in the north of the country, transport is used for two to three months, and purchasing a compulsory insurance policy designed to use transport for six months is impractical.

In this regard, in particular, the deputy head of the Rodina faction in the State Duma of the Russian Federation put forward an initiative to reduce the minimum duration of the agreement from six months to three and introduced draft amendments to Law No. 40-FZ.

However, insurers have a negative attitude towards the amendments introduced in the State Duma and insist that if they are adopted, it is unacceptable to significantly reduce the insurance rate coefficient when concluding a compulsory insurance contract for a period of three months. They explain this by the fact that in this case a linear relationship is not applicable, and a halved period of validity of a compulsory insurance contract does not mean a halving of the corresponding coefficients. This happens because the insurance company’s expenses, as well as the risks, remain the same for both a six-month and a three-month insurance period.

In accordance with Art. 1 Federal Law No. 40-FZ dated April 25, 2002, an insured event means the onset of civil liability of the insured, other persons whose risk of liability is insured under a compulsory insurance agreement, for causing harm to the life, health or property of victims when using a vehicle, which entails constitutes the insurer's obligation to make an insurance payment.

Insurance rates are price rates established in accordance with this Federal Law, applied by insurers when determining the insurance premium under a compulsory insurance agreement and consisting of base rates and coefficients.

In turn, compensation payments are payments made in accordance with this Federal Law to compensate for harm caused to the life or health of the victim in cases where the insurance payment under compulsory insurance cannot be made due to the failure of the harm-cauter to fulfill the obligation to insure or apply to the insurer of the bankruptcy procedure or if the causer of the said damage is unknown.

In Art. 6 clause 1 of Federal Law No. 40 states that the object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.

The insurance risk under compulsory insurance includes the occurrence of civil liability for obligations, with the exception of cases of liability arising due to:

• ? causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
• ? causing moral 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;
• ? harm caused by the impact of transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;
• ? causing harm to the life or health of employees during the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;
• ? obligations to compensate the employer for losses caused by harm to the employee;
• ? causing damage by the driver to the vehicle he is driving and its trailer, the cargo they transport, or the equipment installed on them;
• ? causing harm when loading cargo onto a vehicle or unloading it, as well as when moving the vehicle through the internal territory of the organization;
• ? damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of a religious nature, as well as works of science, literature and art, and other objects intellectual property;
• ? the obligation of the vehicle owner to compensate for damage to the extent that exceeds the amount of liability provided for by the rules of Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement).

In the event of civil liability of vehicle owners in these cases, the damage caused is subject to compensation by them in accordance with the legislation of the Russian Federation.

The insurance amount, within the limits of which the insurer undertakes to compensate the victims for the harm caused upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract), is 400 thousand rubles, namely:

• ? in terms of compensation for harm caused to the life or health of several victims - 240 thousand rubles and not more than 160 thousand rubles in case of harm to the life or health of one victim;
• ? in terms of compensation for damage caused to the property of several victims - 160 thousand rubles and not more than 120 thousand rubles in case of damage to the property of one victim.

State regulation of insurance tariffs is carried out by establishing, in accordance with Federal Law No. 40-FZ, economically justified insurance tariffs or their maximum levels, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.

Insurance rates for compulsory insurance (their maximum levels), the structure of insurance rates and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance agreement are established by the Government of the Russian Federation in accordance with this Federal Law.

At the same time, the share of the insurance premium used in calculating insurance rates and directly intended for making insurance and compensation payments to victims cannot be less than 80 percent of the insurance premium.

The validity period of the established insurance rates cannot be less than six months.

A change in insurance rates does not entail a change in the insurance premium under a compulsory insurance contract during its validity period, paid by the policyholder according to the insurance rates in effect at the time of payment.

Insurance rates consist of base rates and coefficients. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff coefficients.

Basic insurance rates are set depending on technical characteristics, design features and purpose of vehicles, which significantly affect the likelihood of causing harm during their use and the potential amount of harm caused.

The coefficients included in insurance rates are set depending on:

• ? territories of primary use of the vehicle;
• ? the presence or absence of insurance payments made by insurers when implementing compulsory civil liability insurance of owners of the specified vehicle in previous periods;
• ? other circumstances affecting the amount of insurance risk.

The following insurance rates have been established for compulsory civil liability insurance of vehicle owners:

• 1) basic insurance rates (TB);
• 2) the coefficient of insurance rates depending on the territory of primary use of the vehicle (CT);
• 3) the coefficient of insurance rates depending on the presence or absence of insurance payments upon the occurrence of insured events that occurred during the period of validity of previous contracts of compulsory insurance of civil liability of vehicle owners (KBM);
• 4) the coefficient of insurance rates depending on the availability of information on the number of persons allowed to drive a vehicle (VT);
• 5) the coefficient of insurance rates depending on the age and length of service of the driver admitted to driving a vehicle (PIC);
• 6) coefficient of insurance rates depending on the engine power of a passenger car (vehicles of category “B”) (KM);
• 7) coefficient of insurance rates depending on the period of use of the vehicle (KS);
• 8) coefficient of insurance rates depending on the insurance period (CP).

In addition to the coefficients established in accordance with the Decree of the Government of the Russian Federation of December 18, 2006 No. 739 “On approval of insurance tariffs for compulsory civil liability insurance of vehicle owners, their structure and the procedure for application by insurers when determining the insurance premium,” insurance tariffs provide for coefficients that are used for compulsory civil liability insurance of vehicle owners:

• ? who provided the insurer with knowingly false information about the circumstances requested by him, affecting the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;
• ? intentionally contributed to the occurrence of an insured event or increased losses associated with it, or knowingly distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
• ? who caused harm under the circumstances that were the basis for filing a recourse claim.

The specified coefficients are applied by insurers when concluding or extending a compulsory insurance contract for the year following the period in which the insurer became aware of the commission of actions (inaction) provided for in this paragraph.

The maximum amount of the insurance premium under a compulsory insurance contract cannot exceed three times the base rate of insurance tariffs, adjusted taking into account the territory of primary use of the vehicle, and when applying the coefficients established in accordance with clause 3 of Art. 9 Federal Law No. 40-FZ, - its fivefold size.

Insurance rates for compulsory civil liability insurance of vehicle owners and the procedure for their application by insurers when determining the insurance premium are regulated by the Decree of the Government of the Russian Federation “On approval of insurance rates for compulsory civil liability insurance of vehicle owners, their structure and procedure for application by insurers in determining the insurance premium” dated 8.12 .05 No. 739 (as amended by Decree of the Government of the Russian Federation dated June 21, 2007 No. 390).

Installed By Decree of the Government of the Russian Federation dated December 18, 2006 No. 739, insurance rates are mandatory for use by insurers. Insurers do not have the right to apply rates and (or) coefficients that differ from those established by insurance tariffs.

Basic insurance rates (TB) are presented in Appendix. A. The category of the vehicle is determined according to the information specified in the vehicle passport or in the vehicle registration certificate. If in the document on the basis of which information about the vehicle is determined, there are discrepancies between the category and type of the vehicle, when determining the basic insurance rate, one should be guided by the data on the category of the vehicle.

Information on the coefficient of insurance rates depending on the territory of primary use of the vehicle (CT) is presented in Appendix. B. For settlements subordinate to the city administration (city district administration), the CT coefficient established for the city (district) to whose administration they are subordinate is applied.

The characteristics of the coefficient of insurance rates depending on the presence or absence of insurance payments upon the occurrence of insured events that occurred during the period of validity of previous contracts of compulsory insurance of civil liability of vehicle owners (KBM) are presented in Appendix. B. The KBM coefficient is applied when concluding, amending or extending a compulsory insurance contract with a validity period of 1 year. To determine the CBM coefficient, insurance payments made by the insurer for one insured event are considered as one insurance payment. To determine the class, information on compulsory insurance contracts that expired no more than 1 year before the date of conclusion of the compulsory insurance contract is taken into account.

The characteristics of the insurance tariff coefficient depending on the availability of information on the number of persons allowed to drive a vehicle (VT) are presented in Appendix. D. If the number of persons allowed to drive a vehicle is limited, the compulsory insurance contract shall indicate all persons allowed to drive a vehicle, regardless of their number.

The rate of the insurance tariff coefficient depending on the age and experience of the driver admitted to driving a vehicle (VVS) is presented in Appendix. D. If the insurance policy specifies more than one person allowed to drive a vehicle, the maximum FIC coefficient determined in relation to persons allowed to drive a vehicle is taken into account when calculating the insurance premium. If the compulsory insurance contract does not provide for a limitation on the number of persons allowed to drive a vehicle (KO coefficient - 1.5), then the KVS coefficient is accepted - 1.

The coefficient of insurance rates depending on the engine power of a passenger car (vehicles of category “B”) (KM) is presented in Appendix. D. When determining the engine power of a vehicle, data from the vehicle passport or vehicle registration certificate are used. If the specified documents do not contain data on the vehicle engine power, the relevant information from the catalogs of manufacturers and other official sources is used. If the vehicle’s passport indicates the engine power only in kilowatts, then when converting to horsepower, the ratio 1 kW = 1.35962 hp is used. .

The characteristics of the insurance tariff coefficient depending on the period of use of the vehicle (CV) are presented in Appendix. D.

The rate of the insurance tariff coefficient depending on the insurance period (CP) is presented in Appendix. E. For owners of vehicles traveling to the place of registration, the insurance period is up to 20 days inclusive, and a coefficient of coefficient of 0.2 is applied.

The structure of the insurance tariff is presented in Appendix. AND.

Let's consider the procedure for applying insurance rates by insurers when determining the insurance premium. In Appendix And the definition of the amount of the insurance premium payable under the compulsory insurance contract (T) is presented.

For compulsory liability insurance of owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation, the following coefficients are used to calculate the insurance premium: CT - 2; KBM - 1; KVS - 1.3 (for vehicles owned by the right of ownership or on another basis to individuals), 1 (for vehicles owned by the right of ownership or on another basis to legal entities); KO - 1 (for vehicles owned by right of ownership or other basis to individuals), 1.5 (for vehicles owned by right of ownership or other basis to legal entities); KM; KP (also applicable for compulsory insurance for the period of travel to the place of registration of the vehicle).

For compulsory civil liability insurance of owners of vehicles registered in the Republic of Belarus, the Republic of Kazakhstan or Ukraine and temporarily used on the territory of the Russian Federation, the following coefficients are used to calculate the insurance premium: CT - 1; KBM - 1; FAC - 1; KO - 1; KM; KP (also applicable for compulsory insurance for the period of travel to the place of registration of the vehicle).

The specified coefficients for owners of vehicles registered in the Republic of Belarus, the Republic of Kazakhstan or Ukraine and temporarily used on the territory of the Russian Federation are valid until the Russian Federation joins the international system of compulsory civil liability insurance for vehicle owners.

The KN coefficient is applied by insurers when concluding or extending the validity period of a compulsory insurance contract for the year following the period in which the insurer became aware of the commission provided for in paragraph 3 of Art. 9 of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” of actions (inactions) in the event that the vehicle specified in the insurance policy is located with the owner specified in the insurance policy.

The maximum amount of the insurance premium under a compulsory insurance contract cannot exceed 3 times the size of the basic insurance rate, adjusted depending on the territory of primary use of the vehicle, and when applying the KN coefficient - its 5 times size.

The amount of the insurance payment due to the victim in compensation for harm caused to his life or health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the scope and nature of the harm caused to the life or health of the victim.

An important feature of a compulsory insurance contract for civil liability of vehicle owners is the presence of an insurable interest in the policyholder, that is, a property interest that may be violated as a result of the occurrence of an insured event. In this case, insurable interest will be the subject of insurance protection and the subject of insurance relations in the field of civil liability of vehicle owners and, in this sense, acts as one of the prerequisites for the emergence and implementation of relevant legal relations. That is, it will be a certain legal fact, the presence of which will determine the emergence and further implementation of the insurance legal relationship in question.

The main purpose of compulsory civil liability insurance for vehicle owners is to protect the property interests of victims, which is carried out both by establishing a mechanism for determining the amount of insurance payments and by establishing the procedure for making insurance payments. In Law No. 40-FZ, this procedure is enshrined in Art. 13. Let's consider the main aspects of the procedure for making insurance payments for compulsory insurance.

The victim, as a beneficiary, has the right (but not the obligation) to submit his claim for compensation for damage directly to the insurer of the harm causer. This right of the victim follows from paragraph 4 of Art. 931 of the Civil Code of the Russian Federation, based on which it follows that in the case when liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or an insurance agreement for such liability, the person in whose favor the agreement is considered to be concluded insurance, has the right to make a claim directly to the insurer for compensation for damage within the limits of the insured amount.

Currently, a proposal is being discussed to make it possible, within the framework of compulsory insurance, for the victim to contact his own insurance company rather than the insurance company of the harm-doer. After the insurance payment, the victim's insurer will have to independently resolve the issue of compensation for losses with the insurance company of the harm causer. Such changes will come into force no earlier than mid-2008.

To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:

• 1) application for concluding a compulsory insurance agreement in the form in accordance with Appendix. TO;
• 2) passport or other identification document (if the policyholder is an individual);
• 3) certificate of registration of a legal entity (if the policyholder is a legal entity registered in the Russian Federation);
• 4) a vehicle passport or registration certificate for the vehicle specified in the application for concluding a compulsory insurance agreement;
• 5) a driver’s license (or a copy thereof) of a person authorized to drive a vehicle, as well as documents confirming the driver’s right to drive a vehicle (if a compulsory insurance contract is concluded with the condition that only certain persons are allowed to drive a vehicle).

For the submission of knowingly false information and (or) invalid documents, the policyholder is liable in accordance with the legislation of the Russian Federation.

By agreement of the parties, the policyholder has the right to submit copies of documents necessary for concluding a compulsory insurance contract. The policyholder is responsible for the completeness and accuracy of the information and documents provided to the insurer.

When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill out the line “State registration plate” if by the time the compulsory insurance contract is concluded, the vehicle of which he is the owner has not passed state registration in the prescribed manner. After state registration vehicle and receipt of the state registration plate, the policyholder is obliged to report the number of the state registration plate within 3 working days to the insurer, who, based on the data received, makes an appropriate entry in the form of the compulsory insurance policy.

When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle at the place of residence of the insured (at the location of the legal entity), unless otherwise follows from the agreement of the parties.

Along with the application for concluding a compulsory insurance contract, the policyholder provides the insurer with information on the number and nature of insured events that have occurred, on completed and upcoming insurance payments, the insurance period, pending and unresolved claims of victims regarding insurance payments, and other information about insurance during the period of validity of the contract compulsory insurance, submitted by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of the Rules.

Insurance information is not provided by a person who annually renews a compulsory insurance contract with one insurer.

When concluding a compulsory insurance contract providing for the driving of a vehicle only by drivers specified by the policyholder (limited use), the policyholder provides the insurer with information about insurance in relation to each driver specified by him.

When concluding a compulsory insurance contract without restriction of persons allowed to drive a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.

Citizens have the right to enter into a compulsory insurance contract taking into account the limited use of their vehicles. The period of use of the vehicle during the year, as well as the drivers allowed to drive it, are indicated in the application for concluding a compulsory insurance contract.

During the period of validity of the compulsory insurance contract, the policyholder is obliged to immediately notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.

If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to inform the insurer in writing, before transferring control of the vehicle to a driver not specified in the compulsory insurance policy, about his acquisition of the right to drive this vehicle, as well as about a change in the period use of the vehicle compared to the period specified in the compulsory insurance contract.

Upon receipt from the insured of an application to change the information specified in the application for concluding a compulsory insurance contract and (or) presented when concluding a compulsory insurance contract, the insurer has the right to require the insured to pay, if necessary, an additional insurance premium in proportion to the increase in the degree of risk and re-issue the compulsory insurance policy based on from insurance rates for compulsory insurance.

If the changes reported by the insured concern the information contained in the compulsory insurance policy, a special state-issued sign, then the compulsory insurance policy and the special state-issued sign must be returned to the insurer, who is obliged to issue the re-issued (new) compulsory insurance policy to the insured within 2 working days insurance and a special state sign. The compulsory insurance policy and the special state-issued sign returned by the policyholder are stored by the insurer along with second copies of the reissued (new) documents. On the original and reissued compulsory insurance insurance policy, a reissue mark is made indicating the date of reissue and the numbers of the compulsory insurance insurance policy (initial and reissued).

The document certifying the implementation of compulsory insurance is the compulsory insurance policy, issued by the insurer in the form according to Appendix. L.

The compulsory insurance policy form has a uniform form throughout the Russian Federation and is a document strict reporting. A compulsory insurance insurance policy is issued to a person whose liability is insured under a compulsory insurance contract, indicating the vehicle and (or) trailer being used.

Along with the insurance policy, the policyholder is given a free list of the insurer's representatives in the constituent entities of the Russian Federation, a special state-issued sign in the form according to Appendix. M, text of the Rules, 2 forms of notification of a traffic accident in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation.

In the future, notification forms for road traffic accidents are issued by the insurer free of charge upon request of the person whose liability is insured under a compulsory insurance agreement. A compulsory insurance policy is issued to the policyholder directly upon payment of the insurance premium in cash, and in the case of payment by bank transfer - no later than the business day following the day the insurance premium is transferred to the insurer's bank account.

In case of loss of a compulsory insurance policy and a special state-issued sign, the policyholder has the right to receive duplicates free of charge.

Insureds who have entered into a compulsory insurance contract and use vehicles to transport passengers are required to inform passengers of their rights and obligations arising from the compulsory insurance contract.

The driver of a vehicle participating in road traffic is required to have a compulsory insurance policy and a special state-issued sign.

In accordance with clause 35 of the Rules, upon early termination or upon expiration of the compulsory insurance contract, the insurer is obliged to provide the owner of the vehicle with information about insurance in the form in accordance with Appendix. N. Insurance information is provided by the insurer within 5 days from the date of the corresponding request from the vehicle owner. There is no fee for providing information.

When an insured event (traffic accident) occurs, the drivers involved in this incident must take measures and fulfill the duties provided for by the Traffic Rules of the Russian Federation, as well as take the necessary measures in the current circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident, take measures to prepare documents about the incident in accordance with the Rules.

The driver involved in a road traffic accident is obliged to inform other participants in the road traffic accident who intend to make a claim for compensation for damage, information about the compulsory insurance agreement, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the insurer.

To resolve the issue of making an insurance payment, the insurer accepts documents on a road traffic accident, drawn up by police officers who arrived at the scene of the incident upon notification of its participants, or drawn up (in the absence of victims in the case of a road traffic accident, whose life and health was caused harm, and also with mutual agreement of the drivers in assessing the circumstances of the incident) by police officers at the nearest road patrol post or at the police agency in accordance with clause 2.6 of the Traffic Rules of the Russian Federation.

The preparation of documents regarding a traffic accident can be carried out in the presence of the insurer (insurer's representative) to determine the circumstances of the traffic accident and the damage(s) caused as reported by the insured or the victim. For this purpose, a driver who is a participant in a traffic accident and intends to make a claim for insurance payment has the right to inform the insurer or his representative by any in an accessible way(for example, by calling the telephone numbers specified in the compulsory insurance policy) about the place and time of the traffic accident, as well as the circumstances that led to it, in order for the insurer to make a decision on the need to go to the scene of the traffic accident.

Drivers of vehicles involved in a traffic accident (together with the insured - a legal entity) are required to fill out a notification form about a traffic accident issued by the insurer, regardless of whether the notification about a traffic accident was issued by police officers. It is envisaged that one form of the specified notice will be filled out by drivers of two vehicles involved in a traffic accident. If there are disagreements between the participants in a traffic accident regarding its circumstances, these disagreements are indicated in the notification of the traffic accident.

If more than 2 vehicles are involved in a traffic accident and there are disagreements among drivers in assessing what happened, as well as if it is impossible for drivers to jointly fill out one form for notification of a traffic accident (for example, for health reasons or in the event of the death of the driver, due to refusal of one of them to jointly fill out the form or for other reasons), each driver is allowed to fill out his own notification form indicating the reason for the impossibility of jointly filling out the notification of a traffic accident. In the event of the death of the driver, the notification of a traffic accident in relation to this vehicle is not filled out by other persons.

If harm is caused to the life or health of passengers in vehicles, the notification of a road traffic accident shall indicate the presence of injured passengers. If participants in a traffic accident have information about the injured passengers (last names, first names, patronymics), this information must be provided to the insurer. Information about injured passengers is provided to the insurer by the police based on his written request.

If harm is caused to victims, the driver must notify the insurer in the manner and within the time limits established by the Rules.

Notifications of a traffic accident completed by drivers involved in a traffic accident, drawn up in accordance with paragraph 41 of the Rules, must be delivered or sent in any way that provides confirmation of dispatch as soon as possible, but no later than 15 working days after the traffic accident, to the insurer or the insurer's representative in the subject of the Russian Federation at the place of residence (location) of the victim or in the subject of the Russian Federation on the territory of which the traffic accident occurred. The driver who is the victim submits to the insurer his or her own notification form about a traffic accident or a single notification form filled out jointly with other participants in the traffic accident simultaneously with the submission of an application for insurance payment. A notification about a traffic accident can be transmitted by fax with the simultaneous sending of its original by registered mail to the address of the insurer or the insurer's representative specified in the compulsory insurance policy.

A victim who intends to exercise his right to an insurance payment is obliged to notify the insurer of the occurrence of an insured event as soon as possible.

Victims, including passengers of vehicles, present a claim to the insurer for insurance payment within the time limits established by clause 42 of the Rules.

The victim sends an application for insurance payment to the insurer, or the insurer’s representative at the victim’s place of residence (location), or to the insurer’s representative in the constituent entity of the Russian Federation on the territory of which the traffic accident occurred.

Scroll necessary documents, which must be attached to the application, is established by the Rules.

The victim must submit (clause 44 of the Rules):

• ? a certificate of an accident issued by the police authority responsible for road safety, in the prescribed form, as well as a notification of an accident (if it was filled out by the victim);
• ? copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense should be provided to the victim only in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. The victim receives the specified documents from the police and presents them to the insurer.

If a criminal case has been initiated on the basis of an accident, the victim provides the insurer with documents from the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case, or a court decision that has entered into legal force (clause 66 of the Rules).

The remaining documents vary depending on the nature of the harm caused to the victim: life or health or property of the victim.

In case of harm to life or health, victims are provided with (clauses 51, 53 - 56 of the Rules):

• ? conclusion about the nature of the injuries received;
• ? conclusion on the degree of disability;
• ? certificate of average monthly earnings;
• ? an extract from the medical history issued by the medical institution;
• ? documents confirming payment for the services of the medical institution;
• ? documents confirming payment for purchased medications;
• ? a certificate from local governments or other authorized bodies about the prevailing prices in a given region for products included in the daily food package of additional food;
• ? a certificate from a medical institution about the composition of the daily food package of additional food required for the victim;
• ? documents confirming payment for purchased products from the supplementary nutrition food package;
• ? documents confirming payment for outside care services, if he needs it;
• ? an extract from the medical history issued by the institution where the sanatorium-resort treatment was provided, if the victim needed sanatorium-resort treatment, a copy of the sanatorium-resort voucher and documents confirming its payment;
• ? a copy of the vehicle’s passport or its registration certificate, if the victim needed to purchase a special vehicle; an agreement under which a special vehicle was purchased and documents confirming payment for it;
• ? documents confirming the completion of vocational training (retraining), if the victim needed it, and payment made for it.

In the event of the death of the victim, members of his family provide a copy of the death certificate and documents confirming the necessary expenses for burial. If the victim was the breadwinner, then documents confirming this fact are submitted to establish regular payments to the victim’s dependents as a result of the loss of a breadwinner.

When property damage is caused, the victim represents (clause 61 of the Rules):

• ? documents confirming the victim’s ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
• ? the conclusion of an independent examination on the amount of damage caused or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim (if the examination was organized by the insurer, the expert opinions are kept by him);
• ? documents confirming payment for the services of an independent expert, if payment was made by the victim;
• ? documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires compensation for the corresponding expenses;
• ? documents confirming the provision and payment of services for storing damaged property, if the victim requires compensation for the corresponding expenses. Storage costs are reimbursed from the moment of the traffic accident until the day the insurer conducts an inspection or independent examination;
• ? other documents that the victim has the right to submit in support of his claim for compensation for the harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.

The victim presents to the insurer the original documents or their copies, certified by a notary, or by the person (body) who issued the documents, or by the insurer. To confirm payment for purchased goods, work performed and (or) services provided in the event of property damage, original documents are submitted to the insurer.

The insurer also has the right to independently request the competent authorities and organizations to provide relevant documents (clause 67 of the Rules).

The legislation limits the period during which the insurer must review the application and all other documents submitted by the victim and make a decision on payment or refusal to pay. The maximum period is limited to 15 days from the date of receipt of the relevant documents (clause 2 of article 13 of Law No. 40-FZ). Moreover, if the law does not contain special instructions, then this period must be understood as calculated in calendar days.

The rules establish a different procedure. In particular, according to clause 70 and clause 75 of the Rules, two stages of the insurance payment procedure are provided. The first is for the insurer to draw up a report on the insured event within 15 working days from the receipt of all necessary documents. The second establishes the procedure for making settlements with the victim, to whom the funds must be transferred to the account or issued in cash through the insurer’s cash desk within 3 business days from this moment. In total, this amounts to 18 working days and is in conflict with the 15-day rule in question.

For these reasons, the Supreme Court of the Russian Federation considered the legality of clauses 70 and 75 of the Rules, which regulate in more detail the procedure for making payments to the victim. His decision dated July 10, 2006 determined that the considered clauses 70 and 75 of the Rules contradict the specified federal law and were declared invalid from the date the decision entered into legal force. This means that the maximum period for payment to the victim or the decision to refuse payment must be made by the insurer exclusively within the 15-day calendar period allotted by law from the moment the victim provides all the necessary documents. During this period, both stages must be completed until the final moment of transferring the funds due to the victim.

In the event that upon the occurrence of an insured event, insurance payments must be made to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for this insured event exceeds the insured amount for compulsory insurance, insurance payments are made in proportion to the ratio of the insured amount to the amount of the specified victims' demands.

The legislation provides for the possibility of replacing cash insurance compensation with in-kind insurance. By agreement with the victim and on the terms provided for in the compulsory insurance contract, the insurer has the right to organize and pay for the repair of damaged property against the insurance payment (Clause 2 of Article 13 of Law No. 40-FZ).

The legislation also allows for insurance payment to be made in two stages if the assessment of damage caused takes a long time. The insurer has the right, until the amount of damage to be compensated is fully determined, to make a part of the insurance payment corresponding to the actually determined part of the insurance payment. After completing the damage assessment, the insurer pays the remaining amount of the insurance compensation.

In case of delay in payment, the victim may have the right to apply to the judicial authorities for payment of interest for the use of other people's funds in accordance with Art. 395 of the Civil Code of the Russian Federation, since the obligation to pay insurance compensation is monetary in nature.

Recently, amendments have been made to Federal Law No. 40-FZ, which are designed to simplify the procedure for compensation for damage to road users in an accident and increase the protection of citizens' rights. The changes made to Federal Law No. 40-FZ, which come into force on March 1, 2008, will affect a number of important points. Thus, the limit for compensation for harm caused to the life or health of each victim has been increased - 160 thousand rubles (previously it was 240 thousand rubles for all victims). At the same time, fixed payments for life have been introduced: 135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner); no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred these expenses.

The period for consideration by the Insurer of the victim’s application for insurance payment is also extended to 30 days from the date of receipt, during which the insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal to make such payment.

Penalties have been introduced to the insurer for each day of delay in payment in the amount of 1/75 of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer was supposed to fulfill this obligation, of the insured amount for the type of compensation for each victim. Since February 4, 2008, the refinancing rate of the Central Bank of the Russian Federation is 10.25% per annum.

The period for consideration of an application for payment has been increased from 15 to 30 days.

The period of limited use of a vehicle has also been reduced: for citizens - from six to three months, and for legal entities - to six months.

In addition, from March 1, 2008, the law will decipher the territory of primary use of a vehicle, which is determined for individuals based on the place of residence of the owner of the vehicle, which is determined for individuals based on the place of the owner of the vehicle or the vehicle registration certificate or in a citizen’s passport, for legal entities - at the place of registration of the vehicle.

Thus, based on the above, we can draw the following conclusion. The modern role of compulsory civil liability insurance for vehicle owners in Russia comes down to compensation for property damage. The importance of compulsory civil liability insurance for vehicle owners is explained by the fact that when carrying out certain types of activities a person can cause significant harm to society or an indefinite number of persons. The amount of harm will be quite large, while the person may not have enough opportunities and means to compensate for the harm or may not have them at all. In this case, the insurance company is the guarantor of compensation for damage to the victim.

The Dangerous Goods portal is an association of participants in the market of hazardous substances and products.

Chapter 2. Compulsory insurance contract

Article 10. Compulsory insurance contract

1. A compulsory insurance contract is concluded in relation to each dangerous object for a period of at least one year. The document confirming the conclusion of a compulsory insurance agreement is an insurance policy of the established form.

2. The compulsory insurance contract is a public contract.

3. The compulsory insurance contract comes into force on the day the policyholder fulfills the obligation to pay the insurance premium or the first insurance premium or on another day specified in the compulsory insurance contract, provided that the insurance premium or the first insurance premium is paid before the day the compulsory insurance contract comes into force.

4. When the owner of a dangerous object changes during the period of validity of the compulsory insurance contract, the rights and obligations of the insured under this contract are transferred to the new owner of the dangerous object, if the new owner of the dangerous object notifies in writing within 30 calendar days from the date of taking possession of the dangerous object insurer. In the absence of such notification, the compulsory insurance contract is terminated from 24 hours local time on the last day of the specified thirty-day period, and the policyholder with whom the compulsory insurance contract was originally concluded has the right to demand the return of part of the insurance premium paid by him in proportion to the unexpired insurance period, minus the costs incurred by the insurer for maintaining case and contributions to the reserve to finance compensation payments.

Advertisement expenses for conducting the case and contributions to the reserve to finance compensation payments.

6. Upon termination of a compulsory insurance contract, the insurer, at the request of the insured, provides him with information about the number and nature of insured events that have occurred, about completed and upcoming insurance payments, pending and unresolved claims of victims for insurance payments during the period of validity of the specified contract (hereinafter referred to as information about compulsory insurance ). Information on compulsory insurance is provided by the insurer in writing and free of charge.

7. Upon termination of a compulsory insurance contract with one insurer, information about compulsory insurance is provided by the owner of the dangerous object to another insurer and is taken into account by him when concluding the next compulsory insurance contract.

8. The limitation period for claims arising from a compulsory insurance contract is three years.

Article 11. Basic rights and obligations of the policyholder

1. The policyholder has the right:

1) demand from the insurer an explanation of the conditions of compulsory insurance, consultations on concluding a compulsory insurance contract;

2) in the event of significant changes in the circumstances communicated to the insurer when concluding a compulsory insurance contract, including the reduction of harm that may be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims, demand changes to the terms of the compulsory insurance contract, including reducing the amount of insurance premium in proportion to the reduction in insurance risk;

3) get acquainted with the insurer’s documents related to its execution of the compulsory insurance contract;

4) in case of an accident at a dangerous facility, require the insurer to provide a copy of the insurance certificate;

5) demand from the insurer compensation for expenses incurred in order to reduce losses from an insured event, if such expenses were necessary or were incurred to fulfill the instructions of the insurer;

6) require the insurer to issue a free duplicate of the insurance policy in the event of its damage or loss;

7) cancel the compulsory insurance contract early.

2. The policyholder is obliged:

1) when concluding a compulsory insurance contract, send to the insurer an application for compulsory insurance in the prescribed form with attached documents, the list of which is determined by the rules of compulsory insurance, including documents containing information about the dangerous object, its level of safety, and harm necessary to determine the amount of the insurance premium that may be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims;

2) pay the insurance premium (insurance contributions) in the amount and in the manner established by the compulsory insurance contract in accordance with this Federal Law;

3) within five working days from the date of conclusion or amendment of the compulsory insurance contract, send a copy of it to the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous facilities;

4) assist in conducting an examination of a hazardous facility appointed by the insurer in order to assess the harm that may be caused as a result of an accident at a hazardous facility, the maximum possible number of victims and (or) the safety level of the hazardous facility, including providing access to specialized organizations and (or) specialists for a hazardous facility, provide the necessary technical and other documentation;

5) notify the insurer of all changes made to the documents submitted to the insurer when concluding a compulsory insurance contract within five working days from the date of such changes;

6) in case of an accident at a dangerous facility:

a) within 24 hours from the moment of an accident at a dangerous facility, report the accident to the insurer in the manner established by the rules of compulsory insurance;

b) take reasonable and available measures under the circumstances to reduce the amount of possible harm;

c) immediately provide the victims with information about the insurer, including the name (company name) of the insurer, its location, operating hours and telephone numbers, or if the accident led to an emergency, publish the specified information within three days from the date of the accident in the printed publication at the location of the dangerous object;

d) within five working days from the date of receipt of the report on the causes and circumstances of the accident, documents on the types and extent of damage caused, send copies of these documents to the insurer;

e) involve the insurer in the investigation of the causes of the accident, including if, in accordance with the legislation of the Russian Federation, such an investigation does not provide for the creation of a commission with the participation of a representative of the federal executive body, exercising, within its competence, the functions of control and supervision in the field of safety relevant hazardous facilities, or its territorial body.

3. If the victim applies for compensation for harm directly to the policyholder, the policyholder, before satisfying the claims for compensation for the damage caused, must immediately notify the insurer of the received claims and, within five working days from the date of such request, send him copies of the relevant documents. In this case, the insured is obliged to act in accordance with the instructions of the insurer, and if the insured is brought a claim for compensation for damage caused as a result of an accident at a hazardous facility, to involve the insurer in participation in the trial. Otherwise, the insurer has the right to raise in relation to the claim for insurance payment the objections that it had in relation to claims for compensation for damage caused.

4. The policyholder has other rights and obligations arising from the grounds provided for by this Federal Law and the legislation of the Russian Federation.

Article 12. Basic rights and obligations of the insurer

1. The insurer has the right:

1) when concluding a compulsory insurance contract and during its validity period, conduct, at its own expense, an examination of a dangerous object in order to assess the harm that may be caused as a result of an accident at a dangerous object, the maximum possible number of victims and (or) the safety level of the dangerous object, in including with the involvement of specialized organizations and (or) specialists;

2) request in writing from the federal executive body, which, within its competence, carries out the functions of control and supervision in the field of safety of relevant hazardous facilities, the federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations, other state authorities, local government bodies vested with the relevant competence, and receive from them documents containing information on the compliance by the owner of a dangerous object (the policyholder) with the norms and rules for the operation of a dangerous object established in accordance with the legislation of the Russian Federation;

3) in case of significant changes in the circumstances communicated by the policyholder to the insurer when concluding a compulsory insurance contract, including an increase in the damage that may be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims, if these changes can significantly affect the increase in insurance risk, demand changes in the terms of the compulsory insurance contract or payment of an additional insurance premium in proportion to the increase in risk;

4) in case of delay in payment of the insurance premium (the next insurance premium) by more than 30 days, demand termination of the compulsory insurance contract;

5) request from state authorities, local self-government bodies vested with the relevant competence, and receive from them documents and information establishing or confirming the causes and circumstances of an accident at a hazardous facility, the causes and circumstances of an emergency situation, the extent of the harm caused, the fact of a violation of living conditions;

6) take the necessary measures to investigate the causes and circumstances of an accident at a hazardous facility, determine the amount of damage caused, including independently or with the involvement of specialized organizations and (or) specialists, conduct an inspection of the accident site and damaged property, order the necessary examinations for assessment purposes the actual state of health of the victims;

7) send his representative to the insured to participate in the work with the victims’ claims, determine the amount of harm caused to the victims;

8) until the full determination of the amount of damage subject to compensation, at the request of the victim, make a part of the insurance payment corresponding to the actually determined part of the specified damage;

9) in agreement with the victim and on the terms provided for in the compulsory insurance contract, to pay for the insurance payment, organize and pay for the restoration or repair of damaged property or the provision of similar property to replace that lost as a result of an accident at a hazardous facility;

10) take part in the judicial proceedings of cases related to the establishment of an insured event, claims of victims for insurance payments.

2. The insurer is obliged:

1) ensure the non-disclosure of information about policyholders and (or) victims that became known to him as a result of his professional activities;

2) explain to the insured and victims the conditions of compulsory insurance, conduct consultations on the implementation of compulsory insurance, including on the preparation of documents necessary for insurance payment;

3) upon concluding a compulsory insurance contract, issue the insured an insurance policy of the established form, or in the event of its damage or loss during the period of validity of the compulsory insurance contract, at the request of the insured, issue a free duplicate of the insurance policy;

4) within five working days, report in the manner established by the Government of the Russian Federation, information about concluded, extended, invalid and terminated compulsory insurance contracts to the federal executive body, which, within its competence, exercises, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous facilities, as well as to the federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations, at its request;

5) within 30 working days from the date of receipt of the policyholder’s request to change the compulsory insurance contract in connection with a reduction in the insurance risk, including a reduction in the amount of the insurance premium, consider such a request;

6) upon receiving a report of an accident at a hazardous facility, immediately send a representative to participate in the investigation of the causes, circumstances and consequences of an accident at a hazardous facility, including to participate in the work of a commission created with the participation of a representative of the federal executive body, carrying out activities within its the competence of the function for control and supervision in the field of safety of the relevant hazardous facilities, or its territorial body and (or) the insurer for the purpose of technical investigation of the causes of an accident at a hazardous facility, and if an emergency situation arose as a result of the accident, also for participation in the work of the relevant emergency commissions;

7) within 20 working days after receiving the act on the causes and circumstances of the accident, the victim’s application for insurance payment and documents confirming the damage and its extent, draw up an insurance act;

8) at the request of the victim or the insured, issue a copy of the insurance act free of charge;

9) explain to the victim the consequences of refusal to provide personal data necessary for making an insurance payment;

10) within 25 working days from the date of establishing the causes of the accident in accordance with the legislation on industrial safety of hazardous production facilities, legislation on the safety of hydraulic structures, legislation in the field of protection of the population and territories from emergency situations and receipt of the victim’s application for insurance payment, documents confirming infliction of harm and its size, make an insurance payment to the victim or send an insurance act containing a reasoned refusal of insurance payment to the person who applied for insurance payment;

11) in case of violation of the deadline for fulfilling the obligation established by paragraph 10 of this part, pay the victim a penalty in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer was supposed to fulfill this obligation, from the maximum amount of insurance payments established by part 2 of the article 6 of this Federal Law, and depending on the type of damage caused, but not more than the specified maximum amounts of insurance payments;

12) reimburse, in accordance with Article 962 of the Civil Code of the Russian Federation, expenses incurred in order to reduce losses from an insured event, if such expenses were necessary or were incurred to comply with the instructions of the insurer. If the amount of harm caused to the victim exceeds the amount of the insured amount under the compulsory insurance contract, these expenses are reimbursed in proportion to the ratio of the amount of the insured amount to the amount of harm caused.

3. The insurer has other rights and obligations arising from the grounds provided for by this Federal Law and the legislation of the Russian Federation.

Article 13. The right of recourse of the insurer

The insurer has the right to submit a recourse claim within the limits of the insurance payment made to the policyholder if:

1) the damage was caused as a result of the insurer’s failure to comply with the orders (instructions) of the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous facilities, and (or) the federal executive body authorized to solve problems in the field of protection population and territories from emergency situations, given in accordance with their competence;

2) intentional actions (inaction) of an employee of the insured resulted in harm to victims, including as a result of a controlled explosion, release of hazardous substances, discharge of water from a reservoir, liquid waste from industrial and agricultural organizations.

Article 16.1. Peculiarities of consideration of disputes under compulsory insurance contracts

• checked today
• Law of 08/04/2019
• entered into force on 01.09.2014

There are no new articles that have not entered into force.

Compare with the edition of the article dated 04/28/2017 07/04/2016 09/01/2014

Before filing a claim against the insurer containing a demand for insurance compensation, the victim is obliged to contact the insurer with a statement containing a demand for insurance compensation or direct compensation for losses, with documents attached to it, provided for by the rules of compulsory insurance.

If there are disagreements between the victim, who is not a consumer of financial services, determined in accordance with the Federal Law "On the Ombudsman for the Rights of Consumers of Financial Services", and the insurer regarding the latter's fulfillment of its obligations under the compulsory insurance contract before filing a claim against the insurer arising from non-fulfillment or improper fulfillment of his obligations under a compulsory insurance contract, disagreement of the victim specified in this paragraph with the amount of the insurance payment made by the insurer, failure of the service station to comply with the deadline for transferring a repaired vehicle to the victim specified in this paragraph, violation of other obligations to carry out restoration repairs of the vehicle, the victim specified in this paragraph sends a claim to the insurer with documents attached to it and substantiating the claim of the victim, which is subject to consideration by the insurer within ten calendar days, excluding non-working holidays, from the date of receipt. During the specified period, the insurer is obliged to satisfy the demand expressed by the victim for the proper fulfillment of obligations under the compulsory insurance contract or send a reasoned refusal to satisfy such a demand.

If there are disagreements between the victim, who is a consumer of financial services, determined in accordance with the Federal Law "On the Ombudsman for the Rights of Consumers of Financial Services", and the insurer regarding the latter's fulfillment of its obligations under the compulsory insurance agreement before filing a claim against the insurer arising from non-fulfillment or improper fulfillment their obligations under the compulsory insurance contract, disagreement of the victim specified in this paragraph with the amount of the insurance payment made by the insurer, failure of the service station to comply with the deadline for transferring a repaired vehicle to the victim specified in this paragraph, violation of other obligations to carry out restoration repairs of the vehicle, the victim specified in this paragraph must send a written application to the insurer, and the insurer is obliged to consider it in the manner established by the Federal Law “On the Ombudsman for the Rights of Consumers of Financial Services.”

The rights and legitimate interests of individuals who are victims or policyholders related to the failure or improper fulfillment by the insurer of obligations under the compulsory insurance contract are subject to protection in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights” in part, not regulated by this Federal Law. Proper fulfillment by the insurer of its obligations under the compulsory insurance contract is the making of an insurance payment or the issuance of a repaired vehicle in the manner and within the time limits established by this Federal Law, as well as the execution of the decision of the Commissioner for the Rights of Consumers of Financial Services that has entered into force in accordance with the Federal Law "On Commissioner for the Rights of Consumers of Financial Services" in the manner and within the time limits established by the said decision.

The beginning of the period of delay for the purpose of calculating penalties (penalties) in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights” is the day following the day of expiration of the period provided for the proper fulfillment by the insurer of its obligations.

If the court satisfies the demands of the injured individual to make an insurance payment, the court collects from the insurer for failure to voluntarily fulfill the requirements of the victim a fine in the amount of fifty percent of the difference between the total amount of the insurance payment determined by the court and the amount of the insurance payment made by the insurer voluntarily.

The insurer is exempt from paying the fine provided for in paragraph one of this paragraph if the insurer complies with the effective decision of the ombudsman for the rights of consumers of financial services in accordance with the Federal Law "On the ombudsman for the rights of consumers of financial services" in the manner and within the time limits established by the said decision .

If the deadline for returning the insurance premium is not met in cases provided for by the rules of compulsory insurance, the insurer pays the policyholder - to an individual a penalty in the amount of one percent of the insurance premium under a compulsory insurance agreement for each day of delay, but not more than the amount of the insurance premium under such an agreement.

The insurer is released from the obligation to pay a penalty (penalty), the amount of a financial sanction and (or) a fine if the insurer's obligations were fulfilled in the manner and within the time limits established by this Federal Law, the Federal Law "On the Ombudsman for the Rights of Consumers of Financial Services", as well as if the insurer proves that the violation of deadlines occurred due to force majeure or the fault of the victim.

The total amount of the penalty (penalty), the amount of financial sanctions that are payable to the victim - an individual, cannot exceed the amount of the insurance amount for the type of harm caused, established by this Federal Law.

The insurer cannot be charged a penalty (fine), the amount of a financial sanction, or a fine not provided for by this Federal Law and related to the conclusion, amendment, execution and (or) termination of compulsory insurance contracts.

The insurer is responsible for the fulfillment of obligations under a compulsory insurance contract concluded by an insurance agent or insurance broker.