MOSCOW STATE UNIVERSITY
them. M.V. Lomonosov
FACULTY OF ECONOMICS
Department of Risk Management and Insurance
COURSE WORK
Topic: "Compulsory insurance in the Russian Federation"
Made by student of group 204 Bachmanov S.D.
Academic Supervisor: Associate Professor
Department of Risk Management and Insurance Smirnova E.E.
Insurance is one of the essential elements of the market infrastructure. Activities in market conditions are accompanied by various kinds of risks. Therefore, in Russia, its importance is increasing as an effective, rational, economical and affordable means of protecting the property interests of economic entities: producers of goods and services, as well as citizens.
Since the beginning of the 90s. in the Russian Federation, many companies have appeared that provide insurance services... To regulate their activities in our country, many regulations have been adopted. The main ones among them are: "Fundamentals of Civil Legislation of the USSR and the Republics", then the Law "On Insurance", the second part of the Civil Code of the Russian Federation, the Law of the Russian Federation "On the Organization of Insurance Business in the Russian Federation" and the Federal Law of the Russian Federation "On Compulsory Insurance civil liability owners Vehicle» .
This work is devoted to an important segment of the insurance market - compulsory insurance. Both in practical and in theoretical aspect a number of problems have emerged for this type of insurance.
This work covers the following issues:
Ø The role of compulsory health insurance
Ø Principles underlying compulsory passenger insurance
Ø State insurance of military personnel
Ø The essence of OSAGO, its importance for the state, citizens and insurance companies
Ø Prospects for the introduction of compulsory home insurance
Ø Possibility of introducing compulsory producer liability insurance
Ø Consideration of this project in the context of compulsory liability insurance for builders
This work consists of three chapters:
The first chapter examines the types of compulsory insurance in the Russian Federation.
The second discloses the prospects for the introduction of new types of compulsory insurance.
The third analyzes the experience of introducing new types of compulsory insurance on the example of OSAGO
Types of compulsory insurance
The official classification of types of insurance in Russia makes a distinction between compulsory and voluntary types of insurance. TO mandatory types The Ministry of Finance of Russia classifies only those types of insurance that have been introduced into mandatory status by federal laws on insurance and those equivalent to them. regulations... Therefore, insurers submit reports on 4 types of compulsory insurance: personal insurance of passengers, state insurance of military personnel and equivalent categories of citizens, compulsory medical insurance, and motor third party liability insurance.
In the structure of compulsory insurance premiums, compulsory medical insurance premiums are approximately 70%. Therefore, it makes sense to consider first the OMS.
Mandatory health insurance
Compulsory health insurance must guarantee
all citizens of the Russian Federation have equal opportunities in obtaining medical and
drug assistance within the Federal and regional programs and
finance preventive measures.
Federal Compulsory Health Insurance Program
developed by the Ministry of Health of the Russian Federation and approved by the Government
RF. Based federal program the highest bodies of the constituent entities of the Russian Federation approve
territorial compulsory medical insurance programs that cannot worsen the conditions for the provision of
medical care compared to the basic program.
A guaranteed list of types of medical care, that is, the basic
the program includes: emergency medical care for injuries and acute
life-threatening diseases; outpatient treatment;
home diagnostics and treatment; implementation of preventive measures (vaccinations, medical examination, etc.); dental care; medicinal and
inpatient care. All types of emergency medical services, as well
inpatient care for patients with acute diseases is provided
regardless of place of residence and registration for free at the expense of funds
budgets of the respective territories.
Medical assistance within the framework of the basic program is provided to citizens throughout the territory of the Russian Federation in accordance with compulsory medical insurance contracts.
The subjects of health insurance are: a citizen,
insured, medical insurance organization, medical institution.
The insured under compulsory medical insurance are:
Ø. For the non-working population - the Councils of Ministers of the republics within the Russian Federation, bodies government controlled autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, local administration;
Ø for the working population - enterprises, institutions, organizations, persons engaged in individual labor activity, and individuals of the liberal professions.
Medical insurance organizations are legal entities
carrying out health insurance and having a state permit
(license) for the right to engage in health insurance. Tasks, functions,
the rights and obligations of a medical insurance organization, its financing and
financial activity is defined by the document "" Regulations on insurance
medical organizations carrying out compulsory medical
insurance "" approved by the Council of Ministers - Government
An insurance medical organization includes the following:
Ø makes calculations and pays for medical services of medical institutions
Ø realizes direct control over volume and quality health care
Ø protects the rights and interests of its clients
Ø ensures the issuance and accounting of insurance policies
The relationship between the policyholder and the health insurance
the organization is realized through insurance premiums. Mandatory
health insurance, they are set as payment rates in
sizes that cover the cost of implementation CHI programs and providing
profitable activity of the CMO.
Medical institutions in the health insurance system are
licensed medical institutions, scientific
research and medical institutes, other institutions providing
medical assistance, as well as persons carrying out medical activities
both individually and collectively.
Compulsory health insurance is based on a system of contracts
between the subjects of insurance, reflecting the rights, obligations and
responsibility of the parties. The patient gets the opportunity to choose an independent
defender of their interests when receiving medical care.
To each insured person or policyholder in accordance with the procedure established
compulsory medical insurance contract, insurance medical organization issued by an insurance
medical policy of compulsory health insurance. On the territory of the Russian Federation
there is a compulsory medical insurance policy of a single
An insurance policy is a document that guarantees a person the provision of
medical care within the framework of compulsory medical insurance or voluntary medical insurance.
The object of health insurance is the insurance risk associated with
the cost of providing medical and diagnostic services when
The principles of compulsory health insurance and their essence
Universality | All citizens of the Russian Federation, regardless of gender, age, health status, place of residence, level of personal income, have the right to receive medical services included in the territorial compulsory insurance programs |
Statehood | Compulsory health insurance funds are in State property of the Russian Federation, they are managed by the Federal and Territorial Compulsory Medical Insurance Funds, Specialized Insurance Medical Organizations. The state acts as a direct insurer for the non-working population and exercises control over the collection, redistribution and use of compulsory health insurance funds, ensures the financial stability of the compulsory health insurance system, guarantees the fulfillment of obligations to insured persons |
Non-commercial nature | All profits from CHI operations are channeled to replenish the financial reserves of the mandatory Health insurance. |
Obligation | (enterprises, institutions, organizations, etc.) are obliged Make deductions for fixed rate in the amount of 3.6% of the fund wages to the territorial CHI fund and in a certain order, and also bear economic responsibility for violation of the terms of payments in the form of a penalty and / or a fine |
Compulsory health insurance funds are independent
state non-profit financial and credit institutions.
According to the Law "On medical insurance of citizens in the Russian Federation"
the main tasks of the foundations are:
Ø accumulation financial resources for compulsory health insurance
Ø ensuring financial stability state system compulsory health insurance and equalization of financial resources for its implementation
Ø ensuring the universality of compulsory health insurance of citizens and the achievement of social justice and equality of all citizens in the compulsory health insurance system.
Compulsory health insurance is integral part developed state, in which great attention is paid to maintaining a high standard of living of citizens.
Personal insurance of passengers
Compulsory personal insurance of passengers is carried out on the basis of the Decree of the President of the Russian Federation of July 7, 1992 No. 750 "On compulsory personal insurance of passengers".
In the Russian Federation, at the expense of insurers' contributions, insurance is provided against accidents of passengers of air, rail, sea, inland waterway and road transport, as well as tourists and excursionists who make long-distance excursions through tourist and excursion organizations during a trip or flight.
Compulsory personal insurance does not apply to passengers:
Ø all types of international transport;
Ø railway, sea, inland waterway and road transport of suburban communication; sea and inland water transport of intracity communication and ferries;
Ø road transport on urban routes.
Compulsory personal insurance of passengers (tourists, excursionists) is carried out by concluding, in the manner and under the conditions stipulated by the legislation of the Russian Federation, contracts between the relevant transport, transport and forwarding companies and insurers licensed to carry out this type of insurance.
The responsibilities of the insurers include informing each insured person of the rules for compulsory personal insurance of passengers, the place, procedure and conditions for receiving insurance payments in the event of an insured event.
Dimensions (edit) insurance rate for compulsory personal insurance of passengers of air, rail, sea, inland waterway and road transport are established by insurers in agreement with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation and approved by the federal executive body for supervision of insurance activities.
Sum insurance payment included in the cost of the ticket or voucher and charged transport organization from the passenger. Passengers who enjoy free travel in the Russian Federation are subject to compulsory personal insurance without paying an insurance premium.
The sum insured for compulsory insurance of passengers (tourists, excursionists) is set at 120 times the minimum wage established on the date of purchase of the travel document.
In case of injury as a result of a transport accident, the passenger is paid a part of the insurance amount corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid to his heirs in full.
Payment of the sum insured is made regardless of the payment to the insured persons or their heirs sums of money in connection with the same event on other grounds stipulated by the legislation of the Russian Federation, no later than 10 days after the insurer receives a statement of an accident that occurred in transport with the insured person drawn up by the carrier, and others required documents stipulated by the rules for this type of compulsory insurance.
Part of the insurance premiums received by insurers in the implementation of compulsory personal insurance of passengers, in the manner prescribed by law, is directed to the creation of reserves for financing measures to prevent accidents in transport.
Compulsory motor third party liability insurance
With the entry into force of the Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", this type of insurance has become compulsory for all car owners. If before July 1, 2003 the conclusion of the contract depended solely on the wishes of the car owners, then in the case of compulsory insurance, the need for its conclusion is established by law. The relations on civil liability insurance of vehicle owners are formalized by an agreement. Under this contract, the insurer undertakes for a fee specified in the contract ( insurance premium) upon the occurrence of an event (insured event) provided for in the contract, compensate the victims for the harm caused to their life, health or property as a result of this event within the amount specified in the contract. The compulsory insurance contract is concluded in the manner and on the conditions provided for by the Law "On compulsory insurance of civil liability of vehicle owners" and is public.
The liability insurance contract for vehicle owners is urgent. As a rule, it is concluded for a period of one year, but shorter periods are also possible. After the entry into force of the Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", citizens have the opportunity to conclude an insurance contract, taking into account their limited use of the vehicle. Limited use of a vehicle is considered to be driving only by the specified policyholder or seasonal use of the vehicle (for six or more months specified in the contract in a calendar year).
The purpose of OSAGO is to protect the policyholder from possible harm, which is expressed in the costs of the policyholder in connection with his obligation to compensate the damage caused to him by a third party.
The results of the introduction of OSAGO and contemporary problems this type of compulsory insurance will be discussed in more detail in Chapter 3.
State insurance of military personnel and persons equated to them
On the basis of the Federal Law of March 28, 1998 No. 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military training, persons of ordinary and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control over the turnover narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system and employees of federal tax police ", compulsory state life and health insurance of persons listed in this law is carried out.
Insurers for compulsory state insurance (OGS) can be insurance organizations that have licenses to carry out OGS and have concluded compulsory state insurance contracts with policyholders. Moreover, insurance organizations are allowed to work on OGS, authorized capital which was formed without the participation of foreign investments, who have practical experience in the field of personal insurance for at least one year and indicators financial reliability guaranteeing the financial security of the insurance liabilities assumed. Insurers are selected on a competitive basis.
The insured are federal executive authorities, in which the legislation of the Russian Federation provides for military service, service, military training.
The objects of compulsory state insurance are the life and health of military personnel and persons equated to them in compulsory insurance. The insurance of these persons is carried out from the day of the commencement of military service, service in the internal affairs bodies of the Russian Federation, the State Fire Service, service in institutions and bodies of the penal system, military training on the day of the end of military service, other types of service, military training.
The compulsory state insurance contract is concluded between the policyholder and the insurer in favor of a third party - the insured person (beneficiary) for one calendar year. When concluding a contract, the possibility of its prolongation is discussed.
Beneficiaries for compulsory state insurance, in addition to the insured persons, in the event of the death of the insured person are:
Ø spouse who is (is) on the day of death of the insured person in a registered marriage with him;
Ø parents (adoptive parents) of the insured person;
Ø grandfather and grandmother of the insured person - provided that he does not have his parents, if they raised or supported him for at least three years;
Ø stepfather and stepmother of the insured person - provided that they raised or supported him for at least five years;
Ø children under 18 years of age or older, if they became disabled before reaching 18 years of age, as well as studying in educational institutions regardless of their organizational and legal forms and forms of ownership, until graduation or until they reach 23 years of age;
Ø wards of the insured person.
Insured events in the implementation of compulsory state insurance are:
Ø death of the insured person during the period of military service, service, military training or before the expiration of one year after dismissal from military service, from service, after the end of military training due to injury (injury, trauma, contusion) or illness received during military service , service, military training;
Ø Establishment of disability for the insured person during the period of military service, service, military training or until one year has elapsed after dismissal from military service, from service, after the end of military training due to injury (injury, trauma, concussion) or illness received during the military service, service, military training;
Ø receipt by the insured person during the period of military service, service, military training of severe or minor mutilation (injury, trauma, contusion);
Ø early dismissal of a conscript, a citizen called up for military training for military post, for which the staff of the military unit provides for a military rank up to and including foreman, from military service, recognized by the military medical commission as limitedly fit for military service or unfit for military service due to injury (injury, trauma, contusion) or illness received during military service.
The amounts of insurance sums on the basis of Article 5 of the Federal Law of March 28, 1998 No. 52-FZ are determined based on the monthly salaries of these servicemen and persons equated to them, including monthly salaries for the position held and monthly salaries for military (special) rank ...
There are cases in which the insurer is exempted from payment of the sum insured:
Ø if the insured event occurred as a result of deliberate actions of the insured or a socially dangerous act recognized as such by the court;
Ø if the insured was in a state of alcoholic or drug intoxication.
The insurer is not exempt from payment of the sum insured in the event of the death of the insured person if the death of the insured occurred as a result of suicide and by that time this person had been in military service, service for at least six months, or if his death is the result of a court-proven drive to suicide, regardless of the period the presence of the insured person in military service.
The payment is made to the insured persons, and in the event of their death to the beneficiaries on the territory of the Russian Federation by transferring the insured amount in rubles in the manner specified by the insurance contract, within 15 days from the date of receipt of the documents necessary for making a decision on the said payment. In case of delay in payment of the sum insured, the insurer from own funds pays the insured or beneficiary a fine of 1% of the sum insured for each day of delay.
The possibility of introducing new types of compulsory insurance
V recent times the possibility of introducing new types of compulsory insurance is being actively discussed. The most realistic are projects to introduce compulsory home insurance, as well as the liability of producers and service providers. This chapter will consider the rationality of expanding the list of compulsory types of insurance and possible problems when implementing them.
Compulsory types of insurance are necessary when the negative consequences, which are insurance risks for them, are massive in society, and can also cause harm to third parties who do not have insurance and other property protection.
Liability Insurance manufacturers and service providers
V developed countries liability insurance of the manufacturer, seller and contractor for the quality of products and services plays an important role in the quality management system. For many developing countries, quality insurance has served as a good stimulus for the growth of trade.
In Russia, liability insurance for quality is at the stage of formation due to the current state Russian economy and, above all, the development of the service sector. But there is considerable interest in this type, as evidenced by the development of a draft law on compulsory liability insurance. selected categories manufacturers of works and services and the creation by the All-Russian Union of Insurers in cooperation with the Federal Insurance Supervision Service of the Ministry of Finance of the Russian Federation of standard rules for insurance of liability for the quality of goods, works (services). In the context of the expanding competition between insurance companies in Russia, the introduction of product liability insurance deserves special attention.
The relevance of liability insurance for producers, sellers and performers is that this insurance is important factor to promote Russian goods to the markets of developed countries. In addition, insurance coverage allows manufacturers to protect themselves from an unplanned outflow of monetary resources in the event of claims being brought against them for inappropriate product quality, which is especially important in connection with the growth of the legal culture of the population and the appeal of consumers to courts to protect and exercise their rights. Liability insurance for the quality of products and services can become an additional guarantee of the quality of goods for the consumer - in view of the insurance produced by the insurer preliminary assessment risk, and will also help to more fully implement the norms of the Law "On Protection of Consumer Rights".
In Russia, the basis of consumer protection legislation is Federal Law No. 2300-1 "On Protection of Consumer Rights" dated February 7, 1992. This law establishes the right of consumers to purchase goods (works, services) of proper quality and safe for the life and health of consumers, as well as the right to receive information about goods (works, services) and about their manufacturers, education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.
Every year there is an increase in the number of inspections of business entities by supervisory authorities... According to the State Report "Protection of Consumer Rights in the Russian Federation in 2004", in 2002, 5,865 inspections of economic entities were carried out, during which 30,940 violations of the Law of the Russian Federation "On Protection of Consumer Rights", as well as other laws and legal acts regulating relations in the field of consumer protection.
It can be concluded that, on the one hand, the growing number of inspections by supervisory authorities contributes to the identification of violations of consumer protection legislation, but, on the other hand, leads to excessive administrative regulation of business.
Practice comprehensive insurance responsibility, since the development of the insurance system will lead not only to an inevitable reduction in the number of supervisory authorities, but also to a greater efficiency of the control and supervision system in the country, will favorably affect the entrepreneurial activity of citizens.
Here special role liability insurance of manufacturers, sellers and performers for the quality of manufactured (sold) products, performance of works (services) can play. It is such insurance that can be used as a mechanism that allows, on the one hand, to reduce excessive administrative pressure on entrepreneurs from the regulatory authorities, on the other hand, to ensure the safety of products (works, services) at the highest possible level and thereby protect consumers from unscrupulous manufacturers. and sellers.
There are several obstacles to the introduction of compulsory liability insurance for producers in our country. One of them is the lack of legislation regulating the introduction of this type of insurance.
Nevertheless, liability insurance for producers, sellers and performers is beginning to develop actively, as required by the current economic situation. The government's policy in the field of consumer protection and control over the quality and safety of products considers the liability insurance of manufacturers, sellers and contractors for the quality of goods (works, services) as an important mechanism to ensure the safety of the population of products and services produced by entrepreneurs.
Benefits for citizens and insurance companies from the introduction of OHSAS
Today there is a possibility of introducing compulsory liability insurance for producers. At the same time, in order to achieve maximum efficiency, it is necessary that the costs of liability insurance of commodity producers, sellers and performers are fully reduced tax base for income tax. This requires making the appropriate changes to tax code in terms of recognizing the costs of liability insurance of producers, sellers and performers as economically justified. Thus, the prices of goods and services will not be increased, the competitiveness of domestic companies will increase, and a new market segment will open up for insurance companies.
Compulsory liability insurance for builders
From January 1, 2007, licensing is canceled in Russia construction organizations... The licensing system was recognized as ineffective, if only because of its low capacity: in the country as a whole, licenses for the implementation of professional activity have about 200,000 organizations, and only 1,000 people are involved in the supervision of their compliance with licensing requirements. Now, both in government bodies and among experts, there is a discussion of how to establish control over construction and, in particular, over safety without licenses. construction works.
An idea emerged in the insurance community that in an environment where the government would have no reason to control construction companies, officials can be replaced by insurers - but subject to the legislative introduction of compulsory civil liability insurance for builders. Thus, concern for safety should provide insurers with a new compulsory insurance market comparable to OSAGO. Compulsory insurance can become a guarantor of compensation for damage caused during construction (now such a guarantee does not exist).
The issue of liability insurance for builders may become very acute, against the background of reports of collapses of buildings and structures in Russia. The loudest case of this kind was the collapse of the Moscow Transvaal Park water park in February 2004. In December 2005 in Perm Territory metal structures and the roof of the Dolphin pool collapsed. Finally, quite recently there was a tragedy at the Bauman market - more than 60 people died there. Such misfortunes did not always entail insurance payments. For example, although Transvaal-Park was insured, ROSNO refused to pay, since the mistakes of the designers were not among the standard risks stipulated in the insurance contract. As for the tragedy in the Perm Territory, there, after the incident, the only insurance payment was registered: the life of one of the deceased children was insured against accidents. There is no talk at all about the financial responsibility of builders and designers to the victims of the tragedy. The situation with "Transvaal-Park" clearly showed what problems people can face, who have involuntarily suffered from mistakes and shortcomings of builders and designers. Statistics of man-made accidents that occurred in Moscow in last years, - the collapse of Transvaal Park and the recent collapse of the roof of the Bauman market - indicates that in addition to strict control over compliance with construction standards, an integrated approach to risk management in construction is required, part of which should be compulsory liability insurance of construction organizations, which, together with classic insurance of construction and installation works, liability to third parties during construction and installation works and post-launch warranty obligations should provide high-quality protection construction sites.
Generally speaking, builders' liability insurance is not something new for Russia. Most often, this type of insurance acted as an integral part of comprehensive insurance policies for construction risks, insuring both construction and assembly work, post-launch warranty obligations of the contractor, construction machinery and equipment, cargo transportation, as well as employees of the company - from accidents. Moreover, a few years ago, the now abolished Gosstroy tried to make civil liability insurance for builders a prerequisite renewals building licenses... However, then this condition was canceled. In 2004, Gosstroy itself was abolished, and in 2005 the law “On licensing certain types of activities. As a result, according to experts, in Russia as a whole, no more than 5 - 7% of construction and installation works are provided with insurance coverage. True, in Moscow and St. Petersburg, thanks to the efforts of city governments, this percentage is higher - 80% of large companies are provided with insurance coverage.
Another type of insurance that could potentially become mandatory is home insurance. The idea of introducing OSZh belongs to the now abolished Gosstroy of the Russian Federation, the initiative is also supported by the Ministry of Emergency Situations. An example is the flood in Yakutia in 2001 and in southern Russia in 2002. Then compensation for damage from insurance companies amounted to only 2-3% of the total damage, although in developed countries such payments reach 80%. The damage to housing of citizens only from the floods in southern Russia in 2002 amounted to more than 15 billion rubles, and because of this it was necessary to suspend financing of a number of government programs... It is possible to understand such prerequisites, but do not forget that at the moment the OSZH contradicts the current Civil Code, which prohibits forcing citizens to insure their property. In addition, housing is the property of a person, and, according to the Constitution, he is free to dispose of this property: to sell, donate and even simply destroy, without causing harm to others. Therefore, from a legal point of view, obliging a person to insure property against his will means limiting his freedom to dispose of his property.
In addition to legal contradictions, a number of fundamental issues remain unresolved.
First, it has not yet been determined what will be the object of insurance. Will only structural elements of the housing be insured or the finishing, too, will civil liability be insured in case of redevelopment and simply during the operation of housing. Who will pay for insurance: apartment owner, tenant, user-tenant. There are no answers to these and very many questions now, since real estate insurance includes a lot of factors that determine the degree of risk. The set of risks can also be different: starting with whether the house has gas, wooden floors and what is the state of the house as a whole. Mandatory insurance implies a certain standardization of the approach and relative simplicity. In the case of real estate, a more personalized approach is required.
Secondly, the introduction of OSZH will lead to the fact that the entire cheap segment of the real estate insurance market will fall under compulsory insurance. As a consequence, the market voluntary insurance housing will be significantly reduced, as most of the clients are satisfied with the amount of coverage offered under the OSZH. At the same time, only full-fledged real estate insurance with high insured amounts calculated for full compensation for damage caused to expensive buildings (the share of such is small) will not undergo significant changes.
Thirdly, there is already an experience of compulsory motor third party liability insurance, when car owners with voluntary insurance were forced to acquire an unnecessary mandatory one. It is not difficult to assume that the introduction of OSZh can also lead to infringement of the rights of apartment owners who want to have an insurance policy for the real cost and against real risks. According to its status, the OSH can provide only narrow insurance coverage focused on the standard layout and interior decoration of housing. At the same time, insurance companies, mostly focused on the benefits of comprehensive insurance coverage, will strive to conclude full-fledged voluntary insurance contracts.
Fourth, it has not yet been decided how to assess the apartment. Can be assessed by market value housing and it is from this figure to calculate interest on insurance payments. In the draft law prepared for submission to the Duma, sum insured propose to set at half "of the depreciated replacement cost at the beginning of the calendar year." The amount of the insurance premium will be assigned from her. The size of the tariff has not yet been determined, it will be set by the government by a special decree. However, presumably, it will be about 0.3-0.6% per year. The upper plank will be used for old houses (for example, for houses with wooden floors and "Khrushchev"), as well as for summer cottages. Lower plank - for modern monolithic, brick houses, as well as country cottages... In fact, both for a luxurious apartment in the center of Moscow, and for a typical panel house on the outskirts of the city, you will have to pay about the same fee.
Fifth, the mechanism for implementing the bill has not been spelled out. It is unclear how officials are going to monitor whether citizens enter into home insurance contracts. Now you can really control only citizens who have bought new housing. For example, they simply will not be given documents for an apartment until they have insured their living space. With those who have owned housing for a long time, this option is not possible.
The conclusion suggests itself. On the one hand, the introduction of the OSH program could involve the widest layers of the population in insurance and create a system of additional social guarantees in case of damage or loss of housing. On the other hand, the creation of an OSH system will inexorably face a large number of social and housing and communal problems, and, consequently, with active opposition from the population.
The last chapter is devoted to the experience of introducing new types of compulsory insurance on the example of OSAGO. The law on compulsory motor third party liability insurance entered into force on July 1, 2003. For incomplete 2003, insurers collected 24.9 billion rubles. In 2004, the collections of insurers already amounted to 49.3 billion rubles, for 9 months of 2005, insurers collected more than 38.7 billion rubles under OSAGO,
General fees insurance companies since the inception of the law amounted to 125.6 billion rubles. Paid was 44.12 billion rubles.
Three Russian insurers - Rosgosstrakh, RESO-Garantia and Ingosstrakh - account for almost half of the country's total compulsory motor third party liability insurance market. The share of the Rosgosstrakh group in the total premium of all companies involved in OSAGO is 32.83%, RESO-Garantia - 10.31%, Ingosstrakh - 5.49%. According to statistics from the Federal Insurance Supervision Service (Rosstrakhnadzor), conclusions can be drawn about the imbalance insurance portfolio from the Rosgosstrakh group of companies. In particular, the FAS statement notes, the share of OSAGO in the total premium structure of the Rosgosstrakh group ranges from 40.2% for Rosgosstrakh-Tatarstan to 73.31% for Rosgosstrakh-Yug. For RESO-Garantia and Ingosstrakh, these figures are 31.54 and 15.5%, respectively. And this can negatively affect the provision of payments to the companies of the group under OSAGO agreements and in the third or fourth year of the law on OSAGO, when the peak of insurance payments comes, which can lead to financial instability and their bankruptcy.
Dissatisfaction of the population is caused by the tariffs for insurance of motor vehicle liability. Since January 1, 2006, car owners living in countryside, pay for the CMTPL policy 25% more, and motorists from the Moscow region will receive a 15.5% discount. At the same time, it is obvious that the income of residents of the Moscow region is higher, and the traffic intensity is greater than in rural areas. If earlier for residents of settlements with a population of less than 10 thousand people a territorial coefficient (TC) equal to 0.4 was in effect, now it increases to 0.5. For residents settlements number of 10-50 thousand people TC is now 0.6, since January 1 it has decreased to 0.5.
Power factors (KM) have also been changed. Until the new year, KM, equal to one, is applied to cars with a capacity of 70-95 horsepower (hp). From January 1, this group also included cars with a capacity of up to 100 hp, for which an increasing KM (1.3) was in effect. Thus, car owners of vehicles with a capacity of 95-100 liters. with. received a 23.1% discount on compulsory motor third party liability insurance. For vehicles over 200 hp with. the current KM of 1.9 is canceled and KM 1.7 is proposed. For car owners with a capacity of 150-160 liters. with. KM is now equal to 1.5, and will become 1.7 (it will rise in price by 13%).
The form for calculating the CTP policy for individuals and legal entities, regardless of the number of persons allowed to drive, legal entities will be insured at a coefficient of 1.5, which automatically increases the cost by 50%.
As for insurance companies, in some regions of the Russian Federation (Khanty-Mansi Autonomous Okrug, Yamalo-Nenets Autonomous Okrug, Tyumenskaya Oblast) the loss ratio of even such large insurance companies as Rosgosstrakh is 70-100%. Here, payments are made at the expense of other cities, other regions, as well as at the expense of other types of insurance (life, accident). Table 1 shows that for ICs operating in Siberia, payments constitute a more significant percentage of contributions than for companies operating in Central Federal District... Thus, a stalemate is created: car owners are dissatisfied with the height of tariffs, and insurance companies in some regions are suffering losses. The state does not raise tariffs for two reasons. In order not to cause a massive refusal of motor third party liability insurance and not to increase the already growing discontent of drivers, on the one hand. And, on the other hand, to make the compulsory insurance market a sphere of activity for large companies. Already 15% of auto insurers in Russia have reached the level of maximum loss ratio23 out of 165 Russian auto insurers have reached the level of maximum allowable loss ratio. Small and medium-sized companies working with OSAGO in a limited area cannot cope with payments. Large UK, due to the scale of their activities, easily compensate for the losses of some regions with others. So, for example, "Yugoria", which has a loss ratio in Khanty-Mansiysk of 120-130%, as a whole for all its payments on compulsory motor third party liability insurance, on average, determines the level of unprofitability at 70%.
As a result, several large insurance companies will be designated, which will be able to continue to work in the OSAGO market and at minimum earnings for themselves in this type of insurance.
From all of the above, we can draw conclusions: in spite of the criticism, the law on compulsory motor third party liability insurance as a whole works. Now questions about compensation for damage caused in an accident are resolved at the level of insurance companies, and not between the participants in the accident.
The level of crime on the roads (fake accidents) has decreased since the attacker will have to deal with an insurance company that has a large staff of employees and is able to find out how substantiated the claims of the victim are, and to what extent they are subject to satisfaction. A private person cannot have such funds.
Reimbursement of damages caused to third parties can sometimes be completely overwhelming for the guilty person. It can cause his ruin, loss of wealth in the event of significant losses. The insurance exempts the policyholder from legal costs, litigation etc.
OSAGO improves the situation and the victim. In the presence of insurance, the interests of the victim are better protected. The insurance company can always fully reimburse the losses caused, no matter how high they are. Otherwise, if the harm is caused by a person with low level financial situation and, whose civil liability is not insured, it may become difficult for the injured party to receive compensation in full.
At the same time, in the incomplete three years that have passed since the introduction of OSAGO, mistakes and miscalculations made by the authors of the bill have become noticeable.
Firstly, the example of the loss-making of a number of SC in the Khanty-Mansi Autonomous Okrug, the Yamalo-Nenets Autonomous District, and the Tyumen Region showed that the formal approach to the derivation of territorial coefficients is often erroneous and does not fully take into account the specifics of the region. Such miscalculations in, say, the introduction of compulsory home insurance can lead to serious protests among the population and the ruin of the middle class.
Secondly, compulsory types of insurance are necessary when the negative consequences, which are insurance risks for them, are massive in society. In the case of compulsory motor third party liability insurance, this rule was observed. The need to introduce compulsory home insurance is not yet obvious.
Thirdly, it must be precisely determined who will bear the main costs when introducing a new type of compulsory insurance. In the case of compulsory liability insurance of commodity producers, there are two ways: to oblige companies to insure without reducing the tax burden, or to deduct insurance costs from income tax. In the first case, consumers of goods and services will suffer because of the increase in prices, in the second case, receipts to the treasury will decrease due to a reduction in tax payments.
Fourth, clear criteria have not been developed for determining the damage caused to the property of the victim during the independent evaluation the cost of refurbishment, so different experts can give completely different conclusions on the cost of refurbishment. In such situations, disputes often arise between the victim and the insurer. To avoid such situations, it is necessary to establish clear criteria for determining the harm caused to the victim.
Summing up, we can conclude that compulsory insurance is a socially significant area that is important for the state. State influence should aim to rationalize already existing species compulsory insurance (mainly compulsory health insurance and compulsory motor third party liability insurance) and the development of new bills, the need for the introduction of which is revealed by the existing socio-economic situation (MTPL and compulsory liability insurance of organizations operating hazardous facilities).
I would also like to note that the introduction of a new type of compulsory insurance is a very complicated process, all the consequences of which simply cannot be predicted in advance with 100% accuracy. At the same time, forecast errors can result in social upheavals. Therefore, it makes sense to test it in a separate region for several years before introducing the law.
In general, compulsory insurance is an integral part of a developed country, in which much attention is paid to protecting the rights and interests of citizens.
Table 1. Data on compulsory civil liability insurance of vehicle owners.
Name
Contributions, rub.
Payouts, rub.
Quantity
concluded agreements
Sum insured
under concluded contracts, rub.
Rosgosstrakh
Reso-Guarantee
Ingosstrakh
Rosgosstrakh-Capital
Rosgosstrakh-Siberia
Agreement
General Insurance Company
Progress-Neva
Energogarant
GUTA-Insurance
GSK Kuzbass
Gorstrakh
Progress-Garant
Informstrakh
Astro-Volga
Surgutneftegaz
Muscovy
SG "ZHASO-M"
SG "Sibprom"
Metropolis
Skif-Tver
Medexpress
Energy
Insurance Company
Stolichnoe insurance company
British Insurance Society
Uralcoop-Policy
1) "Fundamentals of civil legislation of the USSR and the Republics" (approved by the USSR Armed Forces on 05/31/1991 N 2211-1)
2) Resolution of the RF Armed Forces of November 27, 1992 N 4016-1 "On the enactment of the law of the Russian Federation" On insurance "
3) " Civil Code Of the Russian Federation (part two) "dated 26.01.1996 N 14-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 22.12.1995), (as amended on 23.12.2003)
4) Russian Federation Law "On the organization of insurance business in the Russian Federation" of November 27, 1992 N 4015-1 (as amended by Federal Laws of December 31, 1997 N 157-FZ, of November 20, 1999 N 204-FZ, of March 21. 2002 N 31-FZ, dated 25.04.2002 N 41-FZ, dated 08.12.2003 N 169-FZ, dated 10.12.2003 N 172-FZ)
5) Federal Law of the Russian Federation "On Compulsory Insurance of Civil Liability of Vehicle Owners" dated 25.04.2002 No. 41-FZ Collected Legislation of the Russian Federation 2002 No. 18.
6) Decree of the President of the Russian Federation of July 7, 1992 No. 750 "On compulsory personal insurance of passengers."
7) Federal Law of March 28, 1998 No. 52-FZ "On compulsory state insurance of life and health of servicemen, citizens called up for military training, persons of ordinary and commanding staff of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control over the turnover narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system and employees of federal tax police "
8) Resolution No. 739 of 08.12.2005 “On the approval of insurance rates for compulsory insurance of civil liability of vehicle owners, their structure and the procedure for application by insurers when determining the insurance premium”.
9) Insurance in the Russian Federation. Collection of statistical materials. 2005, first half of the year. Edited by A.A. Tsyganova
10) Insurance in Russia 2004. Annual publication of the All-Russian Union of Insurers
11) Russian insurance market (overview for 9 months of 2005) “Dynamics of statistical data insurance market Russia based on the results of 2004 and nine months of 2005 "
12) Fedorova T.A. Insurance.- M.: Economist, 2005. -875s.
13) Braginsky M.I. Insurance contract M. 2000
14) Marenkov N.L., Kosarenko N.N. Insurance business. - M .: "Phoenix", 2003. - 604 p.
15) Shakhov V.V. Introduction to insurance M.2000
16) V.V. Grishin Compulsory health insurance: condition, analysis, development paths. Economy and Life 2000 No. 3
17) # "#_ ftnref1" name = "_ ftn1" title = ""> "Fundamentals of civil legislation of the USSR and the Republics" (approved by the USSR Armed Forces on 05/31/1991 N 2211-1)
Federal Law "On compulsory state insurance of life and health of servicemen, citizens called up for military training, individuals of the rank and file and commanding staff of the internal affairs bodies of the Russian Federation, the State Fire Service, employees of institutions and bodies of the penal system and employees of federal tax police bodies" Resolution No. 739 of 08.12.2005 "On the approval of insurance rates for compulsory civil liability insurance of vehicle owners, their structure and the procedure for use by insurers when determining the insurance premium."
Deputy Director of the Department financial policy Ministry of Finance of the Russian Federation Vera Balakireva
Insurance in the Russian Federation.
Collection of statistical materials. 2005, first half of the year.
Edited by A.A. Tsyganova
Tutoring
Need help exploring a topic?
Our experts will advise or provide tutoring services on topics of interest to you.
Send a request with the indication of the topic right now to find out about the possibility of obtaining a consultation.
compulsory insurance medical insurer
Insurance is carried out in compulsory and voluntary forms.
Compulsory insurance governed by the state, which obliges legal and individuals make contributions to promote the public interest. Compulsory insurance is introduced through legislative acts and laws, which provide for the objects of insurance, the scope of liability, the norms of insurance coverage, the rights and obligations of the parties, the procedure for calculating the tariff rates of insurance payments and other topical issues. With compulsory insurance, it is impossible to avoid the selective nature of the insurance object, due to which tariff rates are minimized and increased financial stability insurance operations.
Voluntary insurance carried out on the basis of an agreement between the policyholder (natural or legal person) and the insurer. By agreement of the parties, the presence of an intermediary is possible - a broker or insurance agent... Voluntary insurance rules governing general terms and Conditions and the procedure for its implementation are established by the insurer independently in accordance with the provisions of the law. The specific insurance conditions are determined when concluding the insurance contract. The insurance contract is confirmed by an insurance policy, where the insurance period is agreed and the insurer is liable only for the insurance period. The insurance period can be extended at the request of the policyholder, and voluntary insurance comes into force at the time of payment of insurance premiums. Such contracts are called reimbursable; it is part of civil relations.
Insurance provided by law is compulsory. The types, conditions and procedure for compulsory insurance are determined by the relevant laws of the Russian Federation.
The Civil Code of the Russian Federation stipulates that by law the persons indicated in it may be obliged to insure:
life, health or property of other persons specified in the law in case of harm to their life, health or property;
the risk of their civil liability, which may arise as a result of harm to the life, health or property of other persons or violation of contracts with other persons.
The obligation to insure one's life or health cannot be imposed on a citizen by law. In cases stipulated by the law or in accordance with the procedure established by it, legal entities that have in the economic management or operational management of property that is state or municipal property may be obliged to insure this property. In cases where the obligation to insure does not follow from the law, but is based on an agreement, including the obligation to insure property (on an agreement with the owner of the property or on the constituent documents of the legal entity that owns the property), such insurance is not compulsory. However, compulsory insurance can be established not only directly by the law itself, but also by a by-law in the manner prescribed by law.
Compulsory personal insurance is provided for by the Law on Atomic Energy, according to which employees of nuclear installations and other similar enterprises and some other persons are subject to compulsory personal insurance against the risk of radiation exposure at the expense of the owners or owners (users) of nuclear facilities. Compulsory personal insurance of passengers is carried out by concluding contracts between carriers and insurers at the expense of passengers and levying an insurance premium when selling a ticket (Presidential Decree No. 750 of July 7, 1992 "On Compulsory Personal Insurance of Passengers"). At the same time, insurance is provided against accidents of passengers of air, rail, sea, inland water and road transport, as well as tourists and excursionists who make long-distance excursions through tourist and excursion organizations, for the duration of the trip (flight). Compulsory personal insurance does not apply to passengers of all types of international transport; railway, sea, inland waterway and road transport of suburban communication; sea and inland water transport of intracity communication and ferries; road transport on urban routes. The size of the insurance rate for compulsory personal insurance of passengers (tourists, excursionists) of air, rail, sea, inland waterway and road transport is established by insurers in agreement with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation, respectively, and is approved by the federal executive body for supervision of insurance activities. The amount of the insurance premium is included in the cost of the travel document (voucher) and is collected from the passenger (tourist, excursionist) when selling a travel document (voucher) (minimum wage). Passengers (tourists, excursionists) enjoying the right of free travel in the Russian Federation are subject to compulsory personal insurance without paying an insurance premium. The sum insured for compulsory personal insurance of passengers (tourists, excursionists) is set at 120 minimum wages established by law as of the date of purchase of a travel document. A passenger (tourist, excursionist) in case of injury as a result of a transport accident is paid a part of the insurance amount corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid to his heirs in full. Insurance payment for compulsory personal insurance of passengers (tourists, excursionists) is made to the insured person or his heirs no later than 10 days after the insurer receives a statement of an accident in transport with the insured person drawn up by the carrier, and other necessary documents provided for by the rules for this type of compulsory insurance.
Mandatory government (i.e. due state budget) life and health insurance of servicemen, citizens called up for military training, private and commanding officers of internal affairs bodies and employees of federal tax police bodies is established by the Federal Law of March 28, 1998 Ns 52-FZ "On compulsory state insurance of life and health of servicemen , citizens called up for military training, ordinary and commanding officers of the internal affairs bodies of the Russian Federation and employees of federal tax police bodies. " The Law on State tax office compulsory state personal insurance has been established for all employees of this service. The law of the Russian Federation "On private detective and security activities in the Russian Federation" establishes compulsory personal insurance at the expense of the employer of persons working for hire and engaged in private detective and security activities. RF Law of July 2, 1992 No. 3158-1 « Opsychiatric Care and Guarantees of Citizens' Rights in Its Provision ”compulsory state personal insurance of doctors - psychiatrists and other personnel involved in the provision of psychiatric care has been established. Compulsory state personal insurance for all victims of the Chernobyl disaster is provided for in Art. 28 of the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant." The RF Law of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation" provides for compulsory state personal insurance of judges. The Law of the Russian Federation "On Foreign Intelligence" provides for compulsory state personal insurance of all personnel of the personnel of foreign intelligence agencies, the Law of the Russian Federation "On federal service security in the Russian Federation ”- compulsory state personal insurance of employees of these bodies. The law of the Russian Federation "On the donation of blood and its components" establishes compulsory personal insurance of the donor at the expense of the blood service in case of infection with infectious diseases while performing the donor function. The Customs Code of the Russian Federation establishes compulsory state personal insurance officials customs authorities of the Russian Federation. According to the Law of the Russian Federation "On a closed administrative-territorial entity", "citizens living and working in a closed administrative-territorial entity are subject to compulsory state insurance in case of damage to their life, health and property due to radiation or other effects in an accident at enterprises and (or) objects ". Similarly, both personal insurance and property insurance are provided for tax police officers of Art. 16 of the RF Law "On Federal Tax Police Bodies". Compulsory property commercial (ie non-state) insurance is provided, in particular, by the Law of the Russian Federation "On the export and import of cultural property" in relation to values temporarily exported by state and municipal museums, archives, libraries and other state depositories. The Civil Code of the Russian Federation establishes compulsory insurance by a pawnshop of pledged items in favor of the pledger and at his expense, compulsory insurance of pledged property either by the pledgee or by the pledger (depending on who has the pledged property), unless otherwise provided by the contract or law, and insurance is carried out at the expense of the pledger. Compulsory civil liability insurance of private notaries is provided. 18 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 No. 4462-1.
Compulsory civil liability insurance for infliction; damage to motor vehicles is stipulated by numerous bilateral international agreements on road traffic, to which Russia is a party, and the Law of the Russian Federation "On Compulsory Civil Liability Insurance of Motor Vehicle Owners". Russia is also a party to the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, which provides for the right of each of its parties to require compulsory liability insurance of the aircraft operator. The Law of the Russian Federation "On Space Activities" establishes "compulsory insurance ... in case of damage to the life and health of astronauts, personnel of ground and other objects of space infrastructure, as well as property damage to third parties", and "if the sum insured or insurance compensation is not enough to compensate for the damage ... recovery can be applied to the property "of the relevant persons. Thus, this Law establishes compulsory personal insurance, property insurance and civil liability for harm.
Mandatory social insurance - part of the state system of Social protection of the population, the specificity of which is carried out in accordance with federal law insurance of working citizens from possible change material and social status, including due to circumstances beyond their control. Compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and social situation of working citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to their recognition as unemployed, receiving labor injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium treatment and the onset of other social insurance risks established by the legislation of the Russian Federation, subject to compulsory social insurance. The main principles of compulsory social insurance are:
sustainability financial system compulsory social insurance, provided by the equivalence of insurance coverage and insurance premiums;
the universal compulsory nature of social insurance, the availability for insured persons to implement their social guarantees;
state guarantee of observance of the rights of insured persons to protection from social insurance risks and fulfillment of obligations on compulsory social insurance, regardless of the financial position of the insurer;
state regulation of the compulsory social insurance system;
parity of participation of representatives of subjects of compulsory social insurance in the governing bodies of the compulsory social insurance system;
the obligation to pay insurance contributions to the budgets of funds for specific types of compulsory social insurance by policyholders;
responsibility for intended use compulsory social insurance funds;
provision of supervision and public control;
autonomy of the financial system of compulsory social insurance.
By species social insurance risks are:
the need for medical assistance;
temporary disability;
work injury and occupational disease;
motherhood;
disability;
the onset of old age;
loss of a breadwinner;
recognition as unemployed;
9) death of the insured person or disabled family members who are dependent on him.
When several insured events occur simultaneously, the procedure for payment of insurance coverage for each insured event is determined in accordance with federal laws O specific types of compulsory social insurance.
Each type of social insurance risk corresponds to a certain type of insurance coverage.
Insurance coverage for certain types of compulsory social insurance is:
payment to a medical institution of the costs associated with providing the Insured with the necessary medical care;
old age pension;
disability pension;
survivor's pension;
temporary disability allowance;
benefit in connection with work injury and occupational disease;
maternity allowance;
monthly allowance for caring for a child until they reach the age of one and a half years;
unemployment benefits;
one-time allowance for women registered with medical institutions v early dates pregnancy;
a lump sum for the birth of a child;
sanatorium treatment allowance;
social allowance for burial;
payment of vouchers for sanatorium-resort treatment and health improvement of employees and their families.
Federal Law of December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation" establishes the basis for state regulation compulsory pension insurance in the Russian Federation, regulates legal relations in the compulsory pension insurance system, and also determines legal position subjects of compulsory pension insurance, the grounds for occurrence and the procedure for exercising their rights and obligations, liability of subjects of compulsory pension insurance. Mandatory pension insurance a system of legal, economic and organizational measures created by the state aimed at compensating citizens for earnings (payments, benefits in favor of the insured person) received by them before the establishment of compulsory insurance coverage. The state bears subsidiary liability for the obligations of the Pension Fund of the Russian Federation to the insured persons.
Insurers for compulsory pension insurance, along with the Pension Fund of the Russian Federation, may be non-state pension funds in the cases and in the procedure provided for by federal law. The procedure for the formation of funds in non-state pension funds pension savings and their investment of these funds, the procedure for transferring pension savings from the Pension Fund of the Russian Federation and payment of insurance contributions to non-state pension funds, as well as the limits of implementation by non-state pension funds the powers of the insurer are established by law.
The policyholders for compulsory pension insurance are:
persons making payments to individuals, including: organizations, individual entrepreneurs, individuals;
individual entrepreneurs, lawyers.
If the policyholder simultaneously belongs to several categories of policyholders specified in subparagraphs 1 and 2, the calculation and payment of insurance premiums are made by him on each basis.
Private detectives and notaries in private practice are equated to individual entrepreneurs.
Pension insurance insured persons are persons who are covered by compulsory pension insurance. The insured persons are citizens of the Russian Federation, as well as those living in the territory of the Russian Federation. Foreign citizens and stateless persons:
working under an employment contract or under a civil law contract, the subject of which is the performance of work and the provision of services, as well as under an author's and licensing contract;
self-supporting work (individual entrepreneurs, private detectives, notaries in private practice, lawyers);
members of peasant (farmer) households;
working outside the territory of the Russian Federation in the event of payment of insurance premiums;
members of the tribal, family communities of the small peoples of the North, engaged in traditional economic sectors.
The insurance risk in this case is the loss of the insured person's earnings (payments, benefits in favor of the insured person) or other income in connection with the occurrence of the insured event. An insured event is recognized as reaching retirement age, the onset of disability, and the loss of a breadwinner.
Compulsory insurance is carried out, as a rule, at the expense of the policyholder. Compulsory state insurance of life, health and property of citizens is carried out at the expense of the relevant budget, which is usually specified in the relevant law.
A person who has not fulfilled the obligation imposed on him by law to conclude an insurance contract is obliged to pay insurance compensation (sum insured) upon occurrence
insured event in full accordance with the terms of the contract that should have taken place. If the insurance contract was concluded, but on worse conditions, the violator is obliged to pay the difference between what the insurer pays and the insurance compensation (sum insured) that would have been due to the beneficiary under the contract concluded on the conditions required by law. Compulsory insurance is carried out by concluding an insurance contract by the person entrusted with the obligation of such insurance (the policyholder) with the insurer at the expense of the policyholder, with the exception of compulsory insurance of passengers, which in cases stipulated by law may be carried out at their expense. Objects subject to compulsory insurance, the risks from which it is! and must be insured, and the minimum amounts insured are determined by law. A person in whose favor, according to the law, compulsory insurance must be carried out, has the right, if he knows that insurance has not been carried out, to demand judicial procedure its implementation by the person entrusted with the insurance obligation. If the person who is charged with the insurance obligation did not fulfill it or entered into an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions determined by law, in the event of an insured event, he shall be liable to the beneficiary on the same conditions on which it should have been paid insurance indemnity with proper insurance. Amounts unjustifiably saved by the person who is charged with the insurance obligation, due to the fact that he did not fulfill this obligation or performed it in an improper manner, are recovered at the claim of the state insurance supervision authorities to the income of the Russian Federation with accrual of interest on these amounts. In order to ensure the social interests of citizens and the interests of the state, the law may establish compulsory state insurance of life, health and property of civil servants of certain categories. Compulsory state insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal executive bodies (insurers) on the basis of laws and other legal acts on such insurance by state insurance or other state organizations (insurers) specified in these acts, or on the basis of insurance contracts concluded in accordance with these acts by insurers and policyholders. Compulsory state insurance is paid to insurers in the amount determined by laws and other legal acts on such insurance.
Insurance in the Russian Federation is voluntary and compulsory. Mandatory types became such on the basis of laws and other regulations.
As for voluntary insurance, it all depends on the desire of a particular person.
There are 5 main types of compulsory insurance: personal insurance of passengers, state insurance of the military and those equated to them, compulsory medical insurance, OSAGO and compulsory social insurance.
According to statistics, up to 70% of contributions for compulsory types of insurance are spent on, it guarantees for citizens equal rights to access to medicines and medical care.
The basic program provides free ambulance services for injuries and acute illnesses that can threaten life, as well as outpatient treatment, prophylaxis, dental and drug care, and a hospital for patients with acute illnesses.
All this assistance is provided regardless of registration and residence of a person at the expense of the territory's budget.
The subjects of this insurance are the policyholder, the insurer and the medical institution. Non-working citizens are insured by the state, and their employees are insured by enterprises and institutions that pay the necessary contributions under the compulsory medical insurance.
This type of insurance is based on contracts between entities. They reflect the rights and obligations of the parties, and the patient can choose an independent defender to defend his interests when receiving medical care.
All insured persons must receive insurance compulsory medical insurance policy a single sample. It is designed to guarantee a person medical care for compulsory or voluntary insurance.
The object of insurance in this case is the risk of expenses for the provision of assistance if an insured event occurs. This insurance - an integral part of social state.
Features of compulsory insurance
Personal insurance of passengers in the Russian Federation was introduced by a presidential decree in 1992. It insures accidents with passengers of air, sea, rail and inland water transport, as well as vehicles, excursionists and tourists if they make excursions to other cities.
This type of insurance does not apply to transport operating on international traffic, sea, inland waterways and railway transport, leading suburban traffic, as well as for sea and inland water transport, carrying out transportation within cities.
Passengers of vehicles carrying out transportation in the city are not insured either. The insurer is obliged to inform all insured persons of the rules of this insurance, to tell about the procedure and conditions for receiving payments if an insured event occurs.
- Insurers set tariffs for this insurance, coordinating them with the Ministry of Transport, and they must also be approved by the federal body that supervises insurance activities.
- The amount of payment has already been included in the price of the ticket or ticket, it is paid by the passenger. If a passenger can travel free of charge on the territory of the Russian Federation, the state must insure him.
- The sum insured for this insurance is equivalent to 120 minimum wages on the day the travel document was purchased. If the insured passenger is injured due to an accident, he will receive a part of the insured amount, based on how severe the injury was.
If the insured dies, the heirs will receive the sum insured in full. Part of the premiums for this insurance is spent on creating a reserve so that measures to prevent accidents in transport can be financed.
OSAGO was introduced in 2003. Up to this point, this insurance was purely voluntary and depended on the car owners themselves, but now it is required by law.
In accordance with the OSAGO agreement, the insurer has the right to receive premiums and if an insured event occurs, it must compensate the victim for damage to property, life and health, based on the amount determined by the agreement, the agreement itself is public and urgent.
It is usually concluded for a year, but it can be concluded for a shorter time if the transport is used for a limited time, or only by one policyholder.
This insurance is also necessarily insured the property of agricultural enterprises, which facilitates their work and makes them more protected in the event of a crop failure.
- According to the law, it is intended to minimize and compensate for the consequences of the changed social and material situation of workers and other citizens.
- It takes effect when a person retires, becomes disabled, or loses a breadwinner. Insured events can also be occupational diseases or accidents at work, as well as pregnancy, childbirth and caring for him.
- The OSS system is sustainable as collateral is equivalent to reimbursement. It is mandatory and universal, should be as accessible as possible. The rights of the insured are guaranteed by the state.
- The system of this insurance is also run by the state. All subjects of this system are equal by law. Policyholders are required to pay premiums for this insurance.
If funds are misused, those responsible will be held accountable. The system is constantly monitored and supervised.
The financial system of the OSS is independent. The subjects of the system are insurers, employers and insured persons, as well as other bodies determined by law.
The insurers in the OSS are non-profit organizations created to help insured people exercise their rights. The insured are organizations and individuals who pay premiums.
Citizens of the Russian Federation, persons without citizenship or foreign citizens who have an employment contract in the Russian Federation can be insured. Mediation in this system is unacceptable.
The insurance risks in the OSS are the need to receive medical care, loss of income if an insured event occurs and additional costs associated with it. It is very important that all people understand what insurance is compulsory, so they can really protect their rights.
Stock! Paid consultation - FREE!
Compulsory insurancein RF determined by federal laws for specific types of compulsory insurance.
Separate federal laws on certain types of compulsory insurance contain provisions that determine the subjects of insurance; insurance objects; possible insured events; minimum size the amount to be paid or the procedure for determining it; the procedure and deadline for paying the insurance premium; the size, procedure, structure for determining the rate for insurance; the period of validity of a certain insurance contract; control over insurance; the procedure for determining the amount of insurance payments; the consequences of non-fulfillment or poor-quality fulfillment of obligations by the responsible and other provisions.
Compulsory insurance It is subdivided into such types as insurance at the expense of policyholders (this includes insurance of farm animals; buildings; personal insurance of passengers of railway, air, inland waterways, sea and as well as compulsory property and personal state insurance.
Personal compulsory insurance objects determines property interests that are associated with death, survival to a certain age, the onset of other events in life related to the protection of life (life insurance, mandatory with causing any harm to the life (health) of citizens or the process of providing them with medical services (insurance against diseases and accidents, health insurance).
Property compulsory insurance allocates objects of property interests that are associated with the ownership, disposal and use of property (property insurance); carrying out entrepreneurial activity (insurance of entrepreneurial risks); the obligation to compensate for harm caused to others
In the Russian Federation, the protection of interests that are illegal or prohibited by law is not allowed. If the law does not stipulate otherwise, it is allowed to protect objects that belong to different types property insurance or personal insurance. In this case, the insurance is called combined.
In the Russian Federation, insurance of interests of legal entities can be carried out only by insurers licensed to do so.
There is also state compulsory insurance... It acts in the form of insurance at the expense of budgetary funds. Personal state compulsory insurance is established in the Russian Federation for police officers, tax authorities, judges, prosecutors, citizens conscripted into the army employees of internal military units (compulsory insurance of military personnel).
State property insurance is provided for possible cases of damage or damage to property related to the conduct of official activities. An example when such insurance has proven its necessity can be any catastrophe associated with a particularly large scale of disasters due to industrial accidents (Chernobyl nuclear power plant).
Insurance indemnities for state insurance are carried out at the expense of the state budget. The state, as the subject of everyone in the country, acts as the insurer of the property and interests of a personal nature of certain categories of citizens.
The difference in legal relations on compulsory insurance and state insurance is that in the latter case, the state (or its authorized body) will always act as one of the parties to insurance, and payments for victims will be made free of charge (that is, from the budget).
Insurance is a relationship to protect the property interests of individuals and legal entities in the event of certain events (insured events) at the expense of monetary funds, formed from the insurance premiums paid by them (insurance premiums).
The legal basis for insurance is the Civil Code of the Russian Federation, law of the Russian Federation No. 4015-I of November 27, 1992 "On the organization of insurance business in the Russian Federation" (as amended on December 31, 1997, November 20, 1999, March 21, April 25, 2002) ., 8, 10 December 2003, 21 June, 20 July 2004) and other regulatory documents.
Insurance- a system (method) of protecting the material (property) interests of the subjects of the insurance market (individuals and legal entities), the threat to which always exists, but is not mandatory.
Insurance product Is an insurance action. His testimony that such an action has taken place is insurance policy.
Insurance is a system for protecting material interests. The fact that material interests require protection is associated with the likelihood of a threat their existence. For each individual owner, it (the threat) is small, but in general, according to the law of large numbers, it is quite real. Hence the objective need for insurance of material risks, in connection with which the concept arises - insurance product which must always be present at financial market... Each insurance product is related to a specific object of insurance(what is insured) determines insurance reasons (insurance risk), its cost ( sum insured), price ( insurance rate), the terms of cash payments ( insurance settlements) in anticipation of those events from which insurance is made. The certificate (certificate) of the insurance product is a document called insurance policy... The policy confirms the fact of the prisoner insurance contract(purchase and sale of an insurance product), which is always subject, addressed to insurance participants, contains the main quantitative parameters deal, is legal document.
An insurance contract is a contract for the purchase and sale of an insurance product.
The essence and functions of insurance
Practically any direction economic activity is risky, since there is always the possibility of incurring financial losses caused by adverse events or their consequences. The reason for this may be associated with both the human factor and with natural phenomena that do not depend on the will of a person or society. Throughout his life, a person faces many dangers that threaten his life, health, property.
A possible danger perceived by a person finds its expression in the concept " risk". In, in which they act, risk from a common concept becomes an economic category. As an economic category, risk characterized by the concept of probability and uncertainty of the development of the situation. Almost any event in the life of a specific subject, team or society can be realized in three directions:
- the result of the event may become favorable (there is a probability of winning);
- the result of the event will not entail any changes (zero result);
- the result of the event is negative (entails losses).
Usually, the concept of risk (riskiness of a situation) is associated with the possible future negative consequences of the event. Risk is a future likely event with negative economic implications unknown sizes... The actual adverse outcome of the risk is expressed in terms of damage. In contrast to risk, damage is subject to a specific material measurement. The factor of the presence of risk and the need to compensate for possible damage requires the organization of a mechanism to protect against accidents.
The Company uses various measures that allow it to predict with a certain reliability the likelihood of a risk, which makes it possible to reduce its negative consequences, i.e. damage. One of ways to manage risk is an insurance system.
Term insurance first of all, it is associated in the mind of a person with the word "fear" (fear for the safety of one's property, for one's health, life, etc.). It was the fear of incurring material losses and the need to reimburse them that caused the insurance. Property owners quickly realized that it is very difficult to recover losses incurred on their own, as this requires the creation of spare reserves at their own expense. As a way out of this situation appeared idea of joint liability for damage incurred by one of the owners, at the expense of the general fund. All participants in the fund contribute funds to it, which are spent on reimbursement of losses of depositors. Therefore, a person's awareness of the danger and random nature of unfavorable phenomena, as well as a solidarity distribution of damage between the participants of the fund led to the emergence - one of the first organizational forms of insurance activities.
The further development of social production relations has led to the need to ensure uninterrupted operation and continuity. The contradictions between man and nature, as well as within society itself, create the preconditions for the onset of random events that have negative consequences. Thus, the risky nature of social production causes the need to organize relations between people to prevent, localize the destructive consequences of natural disasters and catastrophes of a different nature, and in addition to compensate for the damage incurred as a result of these circumstances.
As a modern definition of the term insurance the following can be distinguished:
Insurance represents a relationship to protect the property interests of individuals or upon the occurrence of certain events (insured events) at the expense of funds formed from the insurance premiums (insurance premiums) paid by them.
The economic essence of insurance consists of the following functions:
- Risk function... The essence of insurance is a risk transfer mechanism, more precisely, the financial consequences of risks. For these purposes, the insurance organization forms a specialized insurance fund at the expense of paid insurance premiums (payments for risks). From the funds of the fund, compensation for material losses of the participants of the fund is made. In exchange for the paid insurance premiums, the insurance company assumes responsibility for the risks assumed.
- Warning function provides measures to prevent an insured event and minimize damage caused by insured events. For this, the insurer forms a fund of preventive (preventive) measures, the funds of which are spent on predetermined goals aimed at reducing insurance risks and their negative consequences... The insured risk is the expected event, in the event of the occurrence of which the insurance is carried out. An event considered as an insurance risk must have signs of the likelihood and randomness of its occurrence. An insured event is an event that has occurred, provided for by an insurance contract or by law, with the onset of which the insurer is obliged to perform insurance payment the policyholder, the insured person, the beneficiary or other third parties.
- Control function is carried out in a strictly targeted formation and use of funds.
- Savings function implemented when carrying out certain types of life insurance - endowment insurance. Insurance organization at the same time provides the client with insurance coverage and acts as a savings institution.
Economic category of insurance
The following categories correspond to the economic essence of insurance: financial, economic, credit, which make it possible to identify the content and characteristics of insurance as a link. It should be borne in mind that if economic essence insurance is constant, the economic content is changeable and is predetermined by the socio-economic formation of society and the type of state.
Compensation for damage caused by the manifestation of destructive contradictions from the interaction of the forces of nature and society gives rise to the need to establish certain relationships between people to prevent, overcome and limit the destructive consequences of natural disasters. These objective relationships of people to ensure a continuous and uninterrupted production process, to maintain the stability and sustainability of the achieved standard of living together constitute the economic category of insurance coverage. The essence economic category insurance protection consists of insurance risk and protective measures.
The economic category of insurance is characterized by the following features:- the presence of redistributive relations;
- Availability ;
- formation of an insurance community from among policyholders and insurers;
- combination of individual and group insurance interests;
- joint liability of all policyholders for damage;
- closed layout of damage;
- redistribution of damage in space and time;
- recoverability of insurance payments;
- self-sufficiency of insurance activities.
The economic category of insurance is part of financial category that is subordinate to the category of finance. The financial category of insurance expresses its essence primarily through insurance financial risks: business, commercial, exchange, currency, banking and credit.
Insurance classification
Insurance classification Is a scientific system of dividing insurance into spheres of activity, branches, sub-branches and types, the links of which are located so that each subsequent link is a part of the previous one. The classification of insurance is based on the differences:
- in insurers and in their fields of activity;
- in insurance objects;
- in the categories of policyholders;
- in the amount of insurance liability;
- in the form of insurance.
There are different views on the insurance classification system. We will consider the current classification of insurance in Russia based on the current legislation.
Organizational and legal classification of insurance
Insurance is state and non-state.
State insurance - a form of insurance organization in which the insurer is state organization... Currently, state insurance is carried out under the conditions of a partial state monopoly on certain types of insurance.
Non-state(joint-stock and mutual) insurance - insurers can be non-state legal entities of any organizational and legal form stipulated by the legislation of Russia.
Classification by the form of insurance
Insurance can be carried out in voluntary and compulsory forms.
Voluntary insurance- insurance based on a contract between the policyholder and the insurer. The insurance rules are established by the insurer.
Compulsory insurance- insurance by virtue of the law. The types, conditions and procedure for compulsory insurance are determined by the relevant laws of Russia.
Industry classification of insuranceIn accordance with the law of the Russian Federation "On the organization of insurance business in the Russian Federation", the following industry classification of insurance is provided:
- Personal insurance.
- Property insurance.
The objects of personal insurance can be property interests related to:
- with the survival of citizens to a certain age or term, with death, with the onset of other events in the life of citizens (life insurance);
- causing harm to life, health, the provision of medical services to them (insurance against accidents and diseases, medical insurance).
- carrying out entrepreneurial activity ().
All insurance contracts are subdivided into:
1. Property insurance contracts:- property insurance;
- civil liability insurance;
- insurance of business risk.
- insurance against harm to life or health;
- insurance in case of reaching a certain age;
- life insurance stipulated by the contract developments.
In addition, article 970 of the Civil Code of the Russian Federation distinguishes between special types of insurance:
- insurance of foreign investments against non-commercial risks;
- marine insurance;
- health insurance;
- insurance of bank deposits;
- insurance of pensions.
Insurance classification
| Insurance industries | |||||
| Insurance objects | Material values | Income level of citizens | Life, health, ability to work of citizens | Obligations of the policyholder to fulfill the contractual conditions for the supply of products, repayment of debts to creditors, compensation for material damage | Various losses of income of the insured, non-receipt of profit, the formation of losses |
| Types of insurance | Insurance of buildings, animals, household property, means of transport, crops. | Insurance of old-age pensions, disability, survivors, insurance of specific benefits among various social terms of the population. | Mixed life insurance for death and disability, child insurance, supplementary pension insurance, accident insurance. | Insurance of non-repayment of a loan or other debt, insurance of civil liability of vehicle owners, insurance of civil liability of enterprises-sources of increased danger, etc. | In case of a decrease in the agreed level of profitability or income, in case of unforeseen losses, from equipment downtime, etc. |
Insurance activity - concept and types
Insurance activity(insurance business) - the sphere of activity of insurers in insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries for the provision of services related to insurance, with reinsurance.
The purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of insured events.
The tasks of organizing the insurance business are:
- holding a single public policy in the field of insurance;
- the establishment of insurance principles and the formation of insurance mechanisms that ensure economic security citizens and business entities on the territory of the Russian Federation.
Insurance objects
1. Objects personal insurance there may be property interests related to:
- the survival of citizens to a certain age or term, with death, with the onset of other events in the life of citizens (life insurance);
- causing harm to the life and health of citizens, providing them with medical services (insurance against accidents and diseases, medical insurance);
2. Objects property insurance there may be property interests related, in particular, to:
- ownership, use and disposal of property (property insurance);
- the obligation to compensate for harm caused to other persons (civil liability insurance);
- carrying out entrepreneurial activity (insurance of entrepreneurial risks);
3. Insurance of illegal interests, as well as interests that are not illegal, but the insurance of which is prohibited by law, is not allowed;
4. Unless otherwise provided by federal law, insurance of objects belonging to different types and (or) (combined insurance) is allowed;
5. On the territory of the Russian Federation, insurance (with the exception of reinsurance) of the interests of legal entities, as well as individuals - residents of the Russian Federation may be carried out only by insurers who have licenses obtained in accordance with the procedure established by this law.
Compulsory and voluntary insurance
Insurance is carried out in voluntary and mandatory forms.
Voluntary insurance- on the basis of an agreement between the policyholder and the insurer. The rules of voluntary insurance, which determine the general conditions and the procedure for its implementation, are established by the insurer independently in accordance with the provisions of the RF Law "On Insurance". The specific insurance conditions are determined when concluding the insurance contract.
Compulsory is insurance carried out by virtue of the law. The types, conditions and procedure for compulsory insurance are regulated by other laws of the Russian Federation.
Compulsory insurance, in turn, is divided into insurance at the expense of the policyholders:
- insurance of buildings;
- farm animals;
- personal insurance of passengers of air, rail, sea, inland waterway and road transport;
- compulsory personal and property state insurance.
Voluntary types of insurance are mainly due to the nature of market relations.
- Collective insurance life on special conditions when contracts are concluded with enterprises and organizations for life insurance of their employees.
- Insurance of citizens- this is health protection and profitable accumulation of money. Contracts for given view insurance can be concluded by citizens aged 16 to 77 years (except for disabled people of group 1) for a period of 3 years, 5, 10, 15 and 20 years, but not older than 80 years of age at the time of the end of the contract. The contract can be concluded in favor of a third party (parents in favor of children, spouses, etc., enterprises in favor of their employees).
- Insurance for children to adulthood is carried out under insurance contracts for children, regardless of age and state of health. These contracts can be entered into by the parents (adoptive parents), guardians or custodians and other relatives of the child. The child's age must not exceed 15 years old and the insurance period is determined as the difference between 18 years old and the child's age. Insurance premiums can be paid in a lump sum or monthly.
- Home property insurance in modern conditions is becoming increasingly important.
- Vehicle insurance owned by citizens. Russia has already accumulated sufficient experience in this insurance... The vehicle insurance contract applies to insured events (risks) that occurred in Russia.
