Insurance of attitudes on the protection of interests of individuals and legal entities of the Russian Federation, the subjects of the Russian Federation and municipalities upon the occurrence of certain insurance claims due to cash fundsFormated by insurers from paid insurance premiums (insurance premiums), as well as at the expense of other means of insurers.
The essence and role of insurance can be expressed by its functions of risk, preventive, savings and control.
The risk function designed to reimburse the risk ensures the redistribution of the cash form of the cost between insurance participants upon the occurrence of insurance events. Thus, if necessary, the victims are subject to cash assistance.
The preventive function of insurance involves the timely conclusion of the insurance contract and transfer insurance premiums for financial support for measures related to the reduction of insurance risk. The preventive function is aimed at financing measures to reduce the likelihood of an insurance event.
Savings function allows you to ensure the accumulation of insurance amounts defined by the insurance amounts by the insurance contract. For example, pension insurance is an opportunity to receive an addition to the main pension.
The control function is expressed in monitoring the target formation and use of insurance funds.
Insurance is economic relations in which at least two sides are involved (two subjects).
One side (subject) is an insurance organization (state, joint-stock, private), which is called the insurer. Insurers legal entitiescreated in accordance with the legislation of the Russian Federation for insurance, reinsurance, mutual insurance and licenses in accordance with the procedure established by law (clause 1 of the Law of the Russian Federation of November 27, 1992 No. 4015-1
"On the organization of insurance business in Russian Federation"). Insurers are evaluated by insurance risk, insurance premiums (insurance premiums) receive insurance reserves (insurance premiums), form insurance reserves, assesets, determine the amount of damages or damage, are carried out insurance payments, carry out other related fulfillment of obligations under the insurance contract.
Another side (subject) of an insurance economic relations is legal or individuals called by policyholders (clients). The policyholder is a legal or natural person who has a complete civic capacity, a person who: insures his own interest; Insures the interest of the third party; pays insurance premiums (payments, contributions); It has the right under the insurance contract or by law to obtain insurance compensation (compensation) upon the occurrence of the insurance event (case).
At the occurrence insurance case (natural disaster, an accident, etc.), in which the insured damage (economic damage or damage to its health), the insurer in accordance with the terms of the contract pays insurance compensation, compensation.
Insurancean individual, life, health and working capacity of which is the object of insurance protection. The insured is an individual, in whose favor the insurance contract has been concluded. In practice, the insured can be simultaneously the insured if cash (insurance) contributions independently.
Beneficiarya physical or legal person appointed by the Insured to obtain insurance payments under the insurance contract.
Insurance contractagreement (legal transaction) between the insurer and the policyholder, regulating mutual obligations in accordance with the terms of this type of insurance.
Policya document (nominal or for a bearer) certifying the conclusion of the contract and contains the obligation of the insurer to pay the insured when an insuranceive event is on the occurrence of a certain terms of the agreement (insurance compensation or compensation).
The Insurance Agreement begins from the moment of the contract taken into force after the payment of a one-time or first insurance fee And ends simultaneously with the end of the insurance period or may be shorter.
Prolongationthis is the extension of the insurance contract for the mutual agreement of the parties.
Cancellation of insurance contractsthis termination (recognition of invalid) agreements contrary to the law or public stands, as well as prisoners by deception or fraud.
Insurance currencythe monetary unit of the sum insured and the insurance premium in which the insurance contract has been concluded.
Term of insurancethe time interval during which the insurance facilities are insured. It may vary from several hours or days to a significant amount of years (for example, 15-25 years). In addition, an indefinite insurance period is possible, which is valid until an insured event occurs or one of the parties to legal relations (the insured or insurer) will not refuse their further continuation, notifying the other side of its intention.
Insurance forms voluntary, mandatory and imputed.
Voluntary insuranceexercised on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation. Insurance Rules are accepted and approved by the insurer or the union of insurers independently in accordance with the Civil Code of the Russian Federation and in accordance with the Regulation of Law No. 4015-1, contain provisions on insurance entities, about insurance facilities, insurance cases, insurance risks, on the procedure for determining the sum insured , insurance tariff, insurance premium (insurance premiums), on the procedure for the conclusion, execution and termination of insurance contracts, rights and responsibilities of the parties, to determine the size of damages or damage, on the procedure for determining insurance payments, on cases of refusal of insurance payments and other provisions .
Compulsory insurancethe form of insurance based on the principle of commitment and for the insured, and the insurer.
Terms and procedure mandatory insurance Defined by federal laws on specific types of compulsory insurance. The federal law on the specific form of mandatory insurance should contain provisions determining:
- Insurance subjects;
- Objects subject to insurance;
- list of insured cases;
- minimum size the sum insured or the procedure for its definition;
- size, structure or procedure for determining the insurance factor;
- term and procedure for payment of insurance premium (insurance premiums);
- The term of the insurance contract;
- the procedure for determining the amount of insurance payment;
- control over insurance;
- the consequences of non-fulfillment or improper fulfillment of obligations of insurance subjects;
- Other positions.
In modern insurance practice, some specific form of mandatory insurance is also applied when insurance is mandatory for the insured, but voluntary for the insurer.
Let's call it imputed insurance Under which one should understand this form of insurance, the conduct of which for the insured is a necessary and sufficient condition for admission to a certain type of activity or to commit certain actions, and for the insurer is carried out under conditions and in the manner prescribed for voluntary insurance.
The conditions of imputed insurance will be determined in the contract, but in accordance with civil law, the following significant conditions must be disclosed in it:
- an object of insurance or the insured person (depending on the type of insurance);
- The list of risks that the insurance organization assumes;
- the amount of the sum insured;
- beneficiary;
- contract time.
Insurance facilitiesnot contrary to the legislation of the Russian Federation property interests. In personal insurance, insurance facilities may be associated with causing harm to life, health care, the provision of medical services (insurance against accidents and diseases, medical insurance); death, the onset of other events in the life of citizens (life insurance).
In the property insurance, insurance facilities may be associated with ownership, use and disposal of property.
In the insuring responsibility with the obligation to compensate the damage caused to other persons.
Insurance ratingthis is an assessment of property for insurance purposes. In practice, used at valid value, market prices, etc.
Insurance costthis is the actual value of the insurance object.
Insurance amountthe money amount, which is established by federal law and (or) is determined by the insurance contract and based on which the size of the insurance premium (insurance premiums) is established and the amount of insurance payment upon the occurrence of the insured event.
When implementing property insurance, the insurance amount cannot exceed its valid value (insurance value) at the time of the conclusion of the insurance contract. The parties are not entitled to challenge the insurance value of the property defined by the insurance contract, except if the insurer proves that he was deliberately misled by the insured.
In carrying out personal insurance and liability insurance, the insurance amount is not limited and is established by the insurer under the agreement with the insured.
Limit responsibilitythis is the insurance amount specified in the insurance contract (policy), within which the insurer is responsible to the insured (by third parties), as well as the maximum possible amount insurance compensation.
Insurance riskthis is an estimated event, in case of the occurrence of which insurance is carried out.
Insurance damage(material expression) This cost of the destroyed or lost cost of partially damaged property, determined on the basis of insurance assessment.
Insurance compensationthis is the amount paid to the coverage of insurance damage (in personal insurance funds paid by the insurer are called insurance provision).
Insurance Akt.this document in which the insurer records the fact, cause and consequences of the insurance event.
Franchisethis is a certain agreement insurance Insurance damage, not subject to reimbursement by the insurer. Franchise happens: conditional and unconditional.
With the conditional franchise, the insurer is exempt from liability for damage not exceeding the amount of the franchise and must pay a loss completely if its size exceeds the franchise.
With the unconditional (subtracted) franchise, the loss is always refunded for the deduction of the franchise.
Regressionthis is the right of the insurer to present complaints to the third party, guilty of the insurance event, in order to obtain compensation for damage caused.
Underwriterhighly qualified Insurance Business Specialist, who has powerful powers from the management of an insurance company to account for the insurance proposed risks, identify tariff rates and specific conditions for the insurance contract of these risks, based on the norms of insurance law and economic feasibility.
Brokerthis is a legal or individual who performs intermediary functions between the insurer and the insured to enter into an insurance contract.
Insurance tariffthis is normalized in relation to the insurance amount of insurance payments. Economic content is the price of insurance risk. Determined in absolute monetary terms or as a percentage of the sum insured.
Gross premiumthe amount of insurance payments, taking into account operating expenses to conclude an insurance contract, doing business, reinsurance and insurance. It is calculated on the basis of the gross bet.
Gross betthe tariff rate of insurance premiums, representing the amount of a net-raising that ensures the payment of insurance compensation (insurance amount), and the surcharge (load) to it intended for the coverage of other expenses related to insurance.
Net-ratethe main part of the insurance factor used to form insurance reserves and payments. It reflects the risk of insurer under the insurance contract.
Wines of the insurerthe subjective attitude of the face to its illegal behavior (action or inaction) and its possible consequences, which is often the cause of damage (harm).
Return of the insurance premiumthe condition of the insurance contract provided for its long-term termination or in the event of new, previously unforeseen circumstances, significantly affecting the reduction (reduction) of an initially defined insurance premium.
Plan
2.1. State regulation of insurance WED ............................ ... ... 4
2.2. Spectrum of insurance services related to the WED ............................................. ..... 5
2.3. The basis for the regulation of financial and economic relations during the insurance of the WED ......................................................................................................... ... 8
Foreign economic activity ....................................................... ... 3
Features of insurance of risks in the field of WED ..............................................................
Conclusion ........................................................................................16
List of references .............................................................................. 18
1. Foreign economic activity.
VED (foreign economic activity) is a set of organizational and economic, production and economic and commercial functions of export-oriented enterprises, taking into account the elected foreign economic strategy, forms and methods of work in the foreign partner market. In accordance with the legislation of the Russian Federation, the definition of foreign economic activity is understood as foreign trade, investment and other activities, including production cooperation, in the field of international exchange of goods, information, works, services, the results of intellectual activity (rights to them).
VED is carried out at the level of production structures (firms, organizations, enterprises, associations, etc.) with full independence in the choice of the external market and a foreign partner, the nomenclature and the range of goods for the export-import transaction, in determining the price and value of the contract, and delivery time and is part of their production and commercial activities with both internal and overseas partners. The foreign economic activity refers to the market sphere is based on business criteria, structural communication with production and is characterized by legal autonomy and economic, as well as legal independence from industry departmental care. The initial principle of enterprises of enterprises is commercial calculation based on economic and financial independence and self-sufficiency, taking into account its own currency and financial and material and technical capabilities.
2. Features of risk insurance
In the field of foreign economic activity
Insurance of foreign economic activity has a number of serious features. To date, this type of service is not provided by all insurers. The reason for this is both the features and complexity of risk assessment. The material addresses the main approaches to the development of this type of insurance.
2.1. State regulation of insurance
foreign economic activity
In accordance with the Law of the Russian Federation of November 27, 1992, the N 4015-1 "On the organization of the Insurance In the Russian Federation", insurance is relations to protect the interests of individuals and legal entities of the Russian Federation, the constituent entities of the Russian Federation and municipalities upon the occurrence of certain insurance cases for Cash funds formed by insurers from paid insurance premiums (insurance premiums), as well as at the expense of other means of insurers.
The insurers legislation recognize legal entities and capable individuals who have concluded insurance contracts with insurers or are insured by the law. Insurers are legal entities established in accordance with the legislation of the Russian Federation to carry out insurance activities and in the prescribed manner relevant license.
Insurance relations between the insured and the insurer arise in connection with the existence of an insurance guard of insurance interest in providing insurance protection belonging to him or other legal property interests.
Currently, foreign economic activity insurance is not allocated in a separate type of insurance activity. However, it includes objects of existing industries.
In accordance with the terms of licensing insurance activities on the territory of the Russian Federation, approved by the order of the Federal Service for the Supervision of Insurance Operations of May 19, 1994 N 02-02 / 08, there are three industries of insurance activities: personal insurance, property insurance and liability insurance.
The peculiarity of insurance for foreign economic activity is explained by a wide range of risks with which this activity is related. The main insurance risks are the risks associated with the economic market situation and the activities of a foreign partner, financial, organizational, technological, commercial, political risks, natural disaster risks and others.
Existing classification based on Art. 32.9 of the Federal Law "On the Organization of Insurance In the Russian Federation" from 23 licensed types of insurance makes it possible to allocate the following species related to foreign economic activity:
Insurance of means of transport (terrestrial, railway, water, air);
Life insurance;
Health insurance;
Accident Insurance and Diseases;
Cargo insurance;
Insurance of property of legal entities;
Insurance of the civil liability of transport owners (vehicles, water, railway, air);
Insurance of civil liability for causing harm due to disadvantages of goods, works, services;
Civil liability insurance for causing harm to third parties;
Civil liability insurance for non-performance or improper fulfillment of obligations under the contract;
Insurance of entrepreneurial risks;
Insurance financial risks.
2.2. Spectrum of insurance services,
associated with foreign economic activity
Insurance offers a wide range of insurance services related to foreign economic activity. The nature and completeness of insurance protection of the property interests of participants in foreign economic activity is influenced by the following factors: a list of objects subject to insurance; The list of events, in case of the onset of which insurance is carried out; Management of risks; the amount of liability of the insurer and the insured; insurance factor; Economic substantiation of tariff rates; insurance conditions; The procedure for entering into an agreement; the timeliness of reimbursement of insurance damage; The presence of benefits provided to policyholders.
Foreign economic activity is associated with risks that affect the various property interests of its participants. The main insurance risks are the risks associated with the economic market economics and the activities of a foreign partner, financial risks, organizational risks, technological risks, commercial, political, natural disaster risks and others.
Insurance of foreign economic risks can be characterized as a complex of types of insurance providing protection for the property interests of domestic and foreign participants in foreign economic activity. It includes types of property, personal insurance and liability insurance.
Objects of property types of insurance in foreign economic activity can be:
Cargo transportation;
Insurance of financial risks;
Cargo insurance;
Insurance of currency risks;
Insurance of export loans;
Property insurance;
Container insurance;
Other types of property insurance.
When insuring responsibility, the object of insurance is the property interests associated with the reimbursement of the insured harm caused by them or the property of an individual, as well as harm caused to a legal entity. In foreign economic activity, the objects of liability insurance are:
Civil liability insurance of the carrier;
Forwarding liability insurance;
Insurance liability manufacturers of goods;
Professional liability insurance;
Insurance of liability of vehicle owners;
Shipowner liability insurance;
Liability insurance for failure to fulfill obligations under the contract;
Civil liability insurance;
Other types of liability insurance.
Among the types of personal insurance should be allocated: insurance of citizens traveling abroad; accident insurance; medical expenses; life insurance.
World practice offers the use of classification of insurance classes, on the basis of which the relevant licensed types of insurance are allocated. So, in relation to foreign economic risks, separate types of insurance can be distinguished: marine insurance; insurance of freight traffic; loans insurance; Insurance of financial losses; Transport insurance, etc.
The legal basis for insurance of foreign economic activity is the norms of Russian and international law, which determine the general issues of insurance, establishing and distributing responsibility between participants in foreign economic activity, as well as the provisions of national legislative and regulatory acts that establish the procedure and conditions for insurance for foreign economic risks taking into account the specifics of the legislation of countries.
Insurance of foreign economic activity is a special area of \u200b\u200binsurance relations, since it is characterized by a set of signs that determine its content. Insurance of foreign economic activity is designed to ensure the stable and guaranteed implementation of the property interests of its participants. It is not a type of insurance, to carry out a special license. In this regard, the order of licensing insurance in the territory of the Russian Federation applies to insurance for foreign economic activity. At the same time, given the nature of foreign economic risks, in the exercise of insurance in foreign economic activity, the company's sustainability and solvency guarantee should be taken into account as a necessary condition for attracting foreign partners, as well as high professional qualifications of insurers at the level of world standards.
A document certifying the law of the insurer to carry out insurance of foreign economic activity in the territory of the Russian Federation is a license issued by the insurance supervisory authority. Licensing of insurance of foreign economic activity insurance is regulated by the Federal Law of the Russian Federation "On the organization of insurance business in the Russian Federation", as well as conditions for licensing insurance activities in the Russian Federation, approved by the Order of the Federal Service for Insurance Operations of May 19, 1994 N 02-02 / 08.
2.3. The basis for regulating financial and economic relations
when insuring foreign economic activity
The foreign economic activity insurance contract is an agreement between the insured and the insurer that the insurer undertakes to make an insured payment to the insured or beneficiary, and the insured person undertakes to pay timely insurance premiums on time. The basis of the conclusion of the insurance contract is the existence of insurance interest at the insured.
In accordance with Art. 940 Civil Code of the Russian Federation The insurance contract must be concluded in writing. Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract. The fact of concluding an insurance contract is certified by issuing an insurance policy.
The insurance contract may be concluded by drawing up a single document (Art. 434 of the Civil Code of the Russian Federation) or the insurer to the insurer on the basis of his written or oral statement of the Insurance Policy (certificate, certificate, receipt), signed by the Insurer (Art. 940 of the Civil Code of the Russian Federation).
The typical structure of the foreign economic activity insurance contract includes the following elements:
General provisions;
Subject and object of the contract;
Insurance amount;
Insurance premium (insurance premium);
Insurance rate;
Rights and obligations of the parties;
The procedure for payment of insurance compensation;
Responsibility of the parties;
Contract time;
Changing the contract;
End of the contract;
Confidentiality of the terms of the contract;
Settlement of disputes;
Additional conditions;
Legal addresses and signatures of the Parties.
The insurance premium is the insurance fee, which the insured - a participant in foreign economic activity is obliged to make an insurer in accordance with the insurance contract. Insurance contributions are paid by the insured in the currency of the Russian Federation, with the exception of cases provided for by the legislation on currency regulation and currency control.
The insurance rate is an insurance premium rate from an insured sum or an insurance object. The insurance rate consists of a net betting and load. Net rate is a part of the insurance fare designed to provide current insurance payments under insurance contracts. The load is a part of the insurance tariff intended to cover the costs of insurance and the creation of a reserve of warning activities. The load may be made of income from insurance operations.
Given the complexity of calculating insurance tariffs, the disposal of the Federal Service of the Russian Federation on the supervision of insurance activities of July 8, 1993 N 02-03-36 is recommended to the insurance companies to use "Methods for calculating tariff rates for risk insurance." The risky types of insurance include the types of insurance that do not provide for the obligations of the Insurers to pay the insurance amount at the end of the term of the insurance contract.
The insurance amount is a sum of money, which is determined by the insurance contract or is established by law and on the basis of which the size of the insurance premium (insurance premium) and insurance premium are established at the occurrence of an insured event. The establishment of the sum insured during foreign economic activity insurance is governed by insurance and civil law.
In foreign economic activity, insurance under the General Policy (Article 941 of the Civil Code of the Russian Federation) is widely used. The general policy is used in insuring different batches of homogeneous property (goods, goods, etc.) under similar conditions for a certain period. The policyholder is obliged in relation to each batch of property falling under the general policy, to inform the insurer due to such a policy of information in the time provided for them, and if it is not provided, immediately upon its receipt. The policyholder is not exempt from this duty, even if, by the time of such information, the possibility of damages to be reimbursed by the insurer has already passed. At the request of the insured, the insurer is obliged to issue insurance policies According to individual batchs of property, subject to the general policy.
The foreign economic activity insurance contract is considered concluded in the presence of an agreement between the insured and the insurance company for the essential conditions of insurance relations. Significant are the conditions specified in the relevant legislative and regulatory documents.
In the Russian legal basis, a list of essential conditions for the conclusion of an insurance contract is established in the Civil Code of the Russian Federation. Based on Art. The 942 Civil Code of the Russian Federation should be reached an agreement between the insured and the insurance company:
About a certain property interest, which is the object of insurance;
On the nature of the insurance event, in case of the occurrence of which insurance (insurance case) is carried out;
About the amount of the sum insured;
On the term of the insurance contract.
The value of the above essential conditions is that legally the absence of at least one of them does not give the right to recognize the contract to prisoners.
Civil law determines the insurance contract as a first insurance premium that has entered into force, if other conditions are not provided for by the Treaty (Article 957 of the Civil Code of the Russian Federation).
In international insurance practice for insurance contracts, are essential:
Events, upon whose occurrence of which the Insurer is obliged to pay insurance compensation;
The territory to which the insurance contract is applied;
An object of insurance;
Insurance amount;
The procedure and timing of the payment of insurance compensation;
Validity period and procedure for making changes to the terms of the insurance contract;
The period of responsibility of the insurer for obligations;
The size and procedure for paying the insurance premium (insurance premium);
The procedure for resolving disputes between the parties of obligations under the insurance contract.
The obligations of the Parties to the Contract for Foreign Economic Activities are provided for by the legislation of Russia, as well as international legal norms.
The main responsibilities of the policyholder are:
Timely payment of insurance premiums in accordance with the insurance contract;
Providing full and reliable information about the insurance facility, as well as on all material circumstances that are important to assess the degree of risk, and all prisoners of insurance contracts under the insurance facility;
Compliance with the conditions stipulated by the insurance rules;
Taking the necessary measures to prevent the loss and reduce its size when an insured event occurs.
The policyholder is obliged to inform the insurer on the occurrence of the insured event, to provide everything required documents, as well as during the term of the contract, report all changes regarding the insurance facility, and insurance risks.
Responsibilities of the insurer:
Introduce the insured with insurance rules;
Carry out insurance payments to the Insured on the time limits provided for in the insurance contract;
Do not disclose information about the policyholder.
The Insurer shall be insurance responsibility under the insurance contract for all insurance cases that occurred after the Insurance Agreement entry into force if the contract does not provide for a different life of the insurance (Article 957 of the Civil Code of the Russian Federation).
The amount of insurance payments may not exceed the insurance amount established by the Agreement on the property types of insurance. Except is the reimbursement of expenses in accordance with civil law. The insurance organization is obliged to reimburse the expenses of the insured in order to prevent or reduce the amount of damage caused by the insurance object, if such expenses were needed or were produced to fulfill the instructions of the Insurer (Article 962 of the Civil Code of the Russian Federation). If the insurance amount under property insurance contracts was established below the insured value, the Insurer is obliged to commemorate the insured (beneficiary) part of the losses incurred in proportion to the attitude of the insurance amount to the insurance value.
In the case when the policyholder concluded insurance contracts with several insurers in the amount exceeding a total of the insurance cost of property (double insurance), the insurance compensation received by him from all insurers to insure this property cannot exceed its insurance cost. At the same time, each of the insurers pays insurance indemnity in the amount proportional to the ratio of the insurance amount under the agreement concluded by it to the total amount of the insurance contracts of the specified property concluded by this insurer.
To the insurer who paid the insurance indemnity to the Insured, passes within the amount paid by the right of claim, which the policyholder has to face responsible for losses refunded as a result of insurance. The transition to the insurer of the rights of the insured to compensation for damage is called subrogation (Art. 965 of the Civil Code of the Russian Federation).
The policyholder (beneficiary) is obliged to transfer the insurer all the documents and evidence necessary for him and inform the information necessary for the insurer who has passed the right to him. If the policyholder refuses his right to claim to the person responsible for the losses referred to the insurer, or the implementation of this right will be impossible due to the fault of the insurer, the insurance organization is exempt from the payment of insurance compensation completely or in the appropriate part and has the right to demand the return of compensation over the insured.
If, after the payment of insurance compensation, the property will be found, for the loss of which the insurer made the payment obtained for him to reimburse the costs of its search, the necessary repair, or in order by the insured (beneficiary) is obliged to return the insurer. However, the parties may also conclude an agreement that in this situation the insurer will not require the return of paid paid, and will receive the ownership of property for which the insurance compensation is paid. This agreement is called Abandon. So, in accordance with the Code of Trade Warming Code of the Russian Federation (Art. 278), if the property is insured against death, the insured (beneficiary) can declare the insurer on refusing to the insured property and get all insurance amount In cases:
Loss of the sea ship is missing;
The destruction of the sea vessel or cargo transported;
Economic inappropriateness of the recovery of the vessel;
Economic inappropriateness to eliminate damage to the insured cargo transported by sea ship, or delivering it to the destination port;
Capturing the sea vessel or cargo transported by them insured from such a danger if the capture lasts more than six months.
At the same time, if the property is insured at full value, then the insurer is transferred to all the insured property, but if it is insured not at the full cost - then the share of the insured property is proportional to the ratio of the insurance amount to the insurance value.
The Civil Code of the Russian Federation establishes the grounds for the failure of the Insurer to make insurance payments. The insurer is exempt from the payment of insurance compensation if the insured event occurred due to the intention or gross negligence of the insured or beneficiary. In addition, the Insurer has the right to refuse to pay insurance compensation under the following circumstances:
When reported by the insured, obviously false information about the insurance object (Art. 944 of the Civil Code of the Russian Federation);
Receipt by the insured appropriate compensation for damage from a person guilty of causing damage;
Disappointment or untimely notification of the occurrence of the insured event;
Deliberate failure to dismiss reasonable and accessible measures to reduce possible losses (Art. 962 of the Civil Code of the Russian Federation).
If the law or contract does not provide other conditions, the insurer is exempt from the payment of insurance compensation when the insured case has come due to:
Exposure to nuclear explosion, radiation or radioactive infection;
Hostilities, as well as maneuvers or other military events;
Civil war, folk unrest of all kinds or strikes.
At the request of the insurer or the policyholder, the insurance contract can be changed by the court decision only with a significant violation of an agreement with one of the parties (Art. 450 of the Civil Code of the Russian Federation) or due to a significant change in the circumstances from which the parties proceeded when concluding an insurance contract.
The terms of the contract may be changed when circumstances appear, enhanced increasing insurance risk. The insurer, notified of the circumstances, is entitled to demand the payment of an additional insurance premium proportionally increasing the degree of risk. If the policyholder objects to changing the terms of the insurance contract or surcharge of the insurance premium, the insurer has the right to demand termination of the contract (Art. 959 of the Civil Code of the Russian Federation).
Insurance agreement in other cases can only be changed by agreement of the parties on the grounds specified in the contract or law.
In accordance with the legislation, the insurance contract for insuring foreign economic activity is terminated in cases:
Expiration of validity;
Fulfillment by the insurer of their obligations to the insured under the contract in full;
Non-payment by the insured of insurance premiums in the terms established by the contract;
Elimination of the insurer;
Liquidation of the policyholder;
The decision of the decision on the recognition of the insurance contract is invalid, as well as in other cases provided for by Russian legislation and international legal norms.
The insurance contract ceases before the occurrence of the deadline for which he was concluded, if, after the entry into force, the possibility of the occurrence of the insured event disappeared and the existence of insurance risk ceased according to the circumstances other than the insured event. In accordance with Art. 958 of the Civil Code of the Russian Federation to such circumstances, in particular, belong: the death of the insured property for reasons other than the occurrence of the insured event; Termination in the established manner of entrepreneurial activity by the person insured the entrepreneurial risk or risk of civil liability associated with this activity.
In case of early termination of the insurance contract for these circumstances, the Insurer has the right to part of the insurance premium in proportion to the time during which insurance was operating.
In case of early failure of the insured from the insurance contract paid by the Insurer insurance premium It is not refundable if the contract does not provide for other (Art. 958 of the Civil Code of the Russian Federation).
The invalidity of the insurance contract is established by the court. The insurance contract is considered invalid:
If it is concluded after the occurrence of the insured event;
If the insurance object is the property to be confiscated;
If it is concluded in the absence of an interest in the insured or beneficiary of interest in the preservation of property (Art. 930 of the Civil Code of the Russian Federation);
Under the overestimation of the sum insured, which was a consequence of deception by the insured (Art. 951 of the Civil Code of the Russian Federation);
In other cases provided for by law.
The foreign economic activity insurance contract may be terminated early at the request of the insurer or the Initiative of the Insurer. In such cases, the conditions of early termination are negotiated in the contract (return of the insurance amount, the termination date, etc.).
Conclusion.
The development of insurance in the field of foreign economic activity has enormous prospects. An efficient insurance system can be achieved through a reasonable state policy in the field of insurance that meets objective needs in implementing a full and guaranteed insurance protection of all participants in foreign economic activity. In countries with a developed system of insurance in foreign economic activity, the largest volume of foreign economic risk insurance is accounted for by state agencies.
Among the main tasks that contribute to the formation of an effective system of insurance for foreign economic activity, the following can be allocated: the creation of a legislative framework in relation to modern market conditions; improving the mechanism of state regulation and oversight of insurance activities; The creation of favorable political and economic conditions for the development of insurance for foreign economic risks.
State support should include the participation of the state in the establishment of an insurance system for the protection of property interests, legislative support and regulatory regulation of insurance for foreign economic activity in order to ensure reliable and affordable insurance protection, as well as the improvement of state supervision for insurance activities.
Improving state supervision for insurance activities involves the creation of regulatory and organizational foundations of foreign economic activity insurance, the development of procedures and mechanisms for the functioning of insurance organizations engaged in foreign economic activity.
An important role belongs to state regulation of insurance activities. The system of state regulation of foreign economic activity insurance contributes to the solution of the following tasks:
State support for the development of foreign economic risk insurance;
Providing legal conditions for stable development of the foreign economic activity insurance market;
Protection of socio-economic interests of insurers;
Creating and maintaining the optimal structure of insurance protection for all organizational and legal forms of insurers;
Development of various types of insurance for foreign economic activity and infrastructure of the insurance market;
Facilitating personnel support of insurance companies in carrying out insurance for foreign economic activity;
Ensuring the interaction of the national market with an international insurance market.
Specialized programs should be developed to ensure insurance protection of the property interests of participants in foreign economic activity, taking into account international legislation.
It should be noted that the imperfection of legal, organizational and information support for foreign economic activity insurance does not allow fully implemented the main objectives provided for by the concept in part concerning the phased integration of the National Insurance System with the International Insurance Market. In this regard, it is advisable to develop and implement measures to meet the insurance needs of participants in foreign economic activity in terms of the formation of adequate international requirements of the legislative framework and improving insurance technologies in the field of foreign economic activity.
Insurance, being one of the most important components of the international financial system in ensuring the protection of property interests of participants in foreign economic activity, allows to implement state policy in the development of international insurance relations.
activities. The dynamic development of the economy is impossible without active foreign Economic activities ... Further development insurance foreign Economic activities. Large ...Insurance foreign Economic activities (3)
Essay \u003e\u003e BankingView insurance was included in the sphere activities Societies "Russia". However, such popularity insurance not ... for the right to maintain insurance activities. What insurance. According to Article 2 of the Federal Law ...
Insurance Risks in foreign Economic activities
Essay \u003e\u003e Customs System... insurance risk when moving goods by participants foreign Economic activities. ... insurance foreign Economic activities Considered through the system of marine agreements insurance. In the circle of marine issues insurance Enter insurance ...
Improving the organizational management structure foreign Economic activity NGO "Integral"
Essay \u003e\u003e EconomyPriority directions in the area insurance foreign Economic activities: International leasing, international transportation, insurance foreign investment. In area...
Organization foreign Economic activities in the enterprise and prospects for its development
Examination \u003e\u003e Economy...: - Improving the system of cargo transportation and transportation of products; - insurance foreign Economic activities Enterprises when entering the external ...
Trading Fleet Ship
The practice of foreign economic activity on export-import of goods and services is based on the insurance system of insurance contracts, which provide certain guarantees to exporters and importers in the event of various unforeseen circumstances and accidents. In the overwhelming majority, foreign trade is served by sea transport. Therefore, foreign economic activity insurance issues are discussed through the system of marine insurance. In the range of marine insurance issues include insurance of maritime ships (corps and equipment of transportation and other plaels), insurance of cargo (transported goods) and shipowner liability insurance. Cargo insurance is also name transport insurance cargo. Wide Development B. last years Container shipments led to the allocation of containers in the independent view.
Based on generally accepted practice insurance companies Any public interest associated with the operation of the vessel from any accidents and hazards is accepted for insurance or during the vessel's construction period.
In order to standardize insurance agreements, providing the choice of the insured in the insurance coverage in the practice of insurance of courts also apply various conditions that combine a certain group of risks.
Under the terms of responsibility for death and damage Reimburse:
a) losses from damage or actual or structural complete death of the vessel due to fire, lightning, storm, vortex and other natural disasters, crashing, landing the ship's ship, clashes of courts among themselves or with all sorts of stationary or floating objects, including ice, or due to , therefore, the tips or sunken, as well as due to accidents during loading, laying and unloading the cargo or when taking fuel, explosion on board the vessel or outside it, blasting boilers, damage shafts, a hidden body defect, machines and boilers, negligence or captain errors, mechanics or other members of the team or Lotsmana;
b) losses from damage to the vessel due to measures taken to save or extinguish the fire;
c) losses from the disappearance of the vessel;
d) losses, contributions and expenses for the common accident;
e) losses that shipowner is obliged to reimburse the owner of another vessel due to the collision of courts;
(e) All the necessary and expediently produced expenses for the rescue of the vessel, to reduce the loss and the establishment of its size, if the loss is refundable under the terms of insurance.
For these conditions, damage damage is reimbursed with the use of 3% franchise, i.e. Losses are not subject to refund, if not reached 3% of the sum insured. Losses from damage are reimbursed without franchise only in cases where their causes were crashing, a collision with another ship, a landing, fire or explosion on the vessel, as well as with a common crash. Losses from the full death of the vessel in all cases are reimbursed without a franchise.
Conditions without liability for damage except crash, in terms of the liability of the insurer is more limited. At the same time, the lists of risks of losses from the complete death of the vessel are completely reimbursed, and losses from damage - only in cases where they were the result of the crash of the vessel (landing its stranded, fire or explosion on board the vessel, collisions with another vessel or with all stationary or floating subject, including ice, or as a result of measures taken to save or extinguish a fire). Refer to refundable losses from the loss of the vessel without losses, contributions and expenses for a common accident; losses that shipowner is obliged to pay the owner of another vessel due to the collision of courts; All the necessary and appropriately produced expenses for the rescue of the vessel, as well as to reduce and determine its size, if the loss is subject to compensation under the terms of insurance.
Condition no responsibility for a private accident provides for the compensation of losses from the full actual or constructive death of the vessel for the reasons above in paragraph (a) of the preceding condition; losses from the disappearance of the vessel without losses related to the common accident, but only in cases where the losses are caused by equipment, mechanisms, machines and boilers, but not the hull of the vessel and the steering wheel; The losses caused by fire extinguishing or colliding with other vessels during rescue work are also reimbursed, the costs of saving the vessel, to reduce the loss and to establish its size, if the loss is reimbursed under the insurance conditions.
The condition is responsible only for the complete death of the vessel, including rescue costs, It provides for the compensation of losses from the full death (actual or constructive), the loss of the vessel is to be made, reimbursement of expenses for the rescue of the vessel.
The condition is responsible only for the complete death of the vessel It provides for the compensation of losses only from the full (actual or constructive) death of the vessel, due to the dangers listed above, and from the disappearance of the vessel.
In all cases, the losses that occurred as a result of intention or gross negligence of the insured, beneficiary or their representatives are not reimbursed; The unwearing vessel (i.e., the unreliability or inaptability of the vessel for this navigation, the absence of the necessary equipment or equipment required by the team, appropriately, its qualifications, departure to the flight without proper ship documents or incorrectly loaded); dilapidation or wear of the vessel, its parts and accessories; Ice forcing ice-free icebreaker, loading with the debate of the insured or beneficiary, but without the knowledge of the insurer of substances or objects dangerous against explosion or self-burning; all kinds of military actions or military events and their consequences, damage or destruction by mines, torpedoes, bombs and other war guns; pirate actions, as well as civil war, folk unrest and strikes, confiscation, details, arrest or destruction of the vessel at the request of military or civil authorities; Losses of freight, downtime (including salary costs and the command content during downtime and repair of the vessel).
Other indirect losses of the insurer are also not reimbursed, except for those cases when, under the terms of insurance, such losses are subject to reimbursement in the order of a common accident.
All the listed conditions for insurance of courts are as it were for basic, reforms for insurance contracts. By agreement of the parties, they can expand due to the inclusion of other risks in them.
So, it is generally accepted for a separate prize. Including in the insurance contract for military and strike risks, freight losses, etc.
Along with the listed conditions of insurance in practice, the inclusion in the national insurance policies of some English standard conditions, the so-called reservations of the Institute of London Insurers, regulating those or other relations of the parties under certain conditions.
For example, the reservation of the Institute of London Insurers provides for the regulation of the relationship between the policyholder and the insurer when the loss occurs due to the collision of the courts. The so-called ice reservation, or a warranty of the institute, is a series of standard guarantees or reservations, mainly navigation order, providing for the prohibition of insured courts to enter hazardous water, especially in winter, due to ice danger arising there.
The conclusion of the court insurance contract occurs on the basis of a written statement of the Insured, in which detailed information about the vessel, an insurance object, its type, name, year of construction and other data characterizing the vessel should be reported; Insurance amount that can not be above insurance cost, i.e. the actual value of the vessel to the beginning of insurance; The desired insurance conditions are indicated, the vessel's insurance period is for a certain period or flight. In the first case, it is indicated in addition to the deadline of the alleged diving area, in the second - the shipping ports of the vessel.
When insuring for the term, the responsibility of the insurer begins and ends in 24 hours of those numbers that are specified in the insurance contract. At the same time, however, if the ship at the time of the term of the contract is in swimming, suffers disaster or stands on a joke in the port of refuge or approach, the insurance contract is considered exempted prior to arrival in the port of destination, and the Insurer has the right to receive an additional prize, proportionate for the extension period contract.
When insuring on the flight, the insurer's responsibility (unless otherwise specified) begins from the moment of returning mooring or removal from the anchor in the departure port and ends at the time of mooring or armature an anchor in the destination port.
The insurer is responsible for the losses that occurred only in the area of \u200b\u200bswimming and only on the flight, which was due to the insurance contract (policy).
At the exit of the vessel from the limits of the diving area or with deviation (deviation) from the flow due to the contract, insurance is terminated. In such cases, in such cases, the insurance contract could remain in force, the policyholder should timely declare the insurer about the upcoming change in the area of \u200b\u200bthe navigation or flight and confirm the readiness to pay an additional prize if the insurer needs it.
Not considered a violation of the insurance contract, the deviation of the vessel from the conditioned path or exit from the diving area in order to save human lives, ships and goods, as well as the deviation caused by the actual need to ensure the safety of a further flight.
The International Convention obliges the captains of the courts to assist any face detected in the sea, who threatens death, and when receiving a signal signal with a possible speed, follow the aid to the assistance of a disaster (a similar norm is reflected in Art. 53 KTM).
About all those who have become a well-known insured cases of changes in insurance risk, somehow: the delay of the flight, deviation from the path, exit from the agreed area of \u200b\u200bswimming, floating ice, the wintering of the vessel, not provided for in the insurance contract, towing (active and passive) and T .p., - The insured is obliged to notify the insurer.
Changes in the risk that occurred after the conclusion of the insurance contract and increasing the degree of risk of the insurer, give it the right to the requirement of an additional premium or change the conditions of insurance. In case of failure of the policyholder, the contract is terminated from the moment of the occurrence of changes in risk.
Insurance premium called the fee that the insurer charges for insurance (taking responsibility for possible damage or death of the vessel); The amount of the insurance premium is formed from multiplying the rate of the premium on the insurance amount (the amount that is indicated in the insurance contract and which cannot be higher than the actual value of the vessel at the time of insurance). Tariff or contractual betting rate There is a fee for insurance, expressed in hundredths or thousandths of the sum insured (as a percentage or ppm from the sum insured).
By virtue of a wide variety of species, types and classes of vessels, wide geography of their operation, areas of their swimming rates for the insurance of courts are also distinguished by a very large variety. Naturally, preference has the most advanced modern court grade vessels floating in calm areas. In addition to the conditions of insurance and the latitude of insurance coverage, the insurer takes into account the risk associated with the quality of the vessel. Therefore, the old or generally devoid of register apply more high rates. Diving areas are taken into account, the time of year, when ice setting may occur or the storms period occurs, etc.
So, for swimming in the Arctic waters, where there is an ice danger (ships can be stuck in ice or get damage from ice collision), usually beyond normal rates mounted for swimming in warm waters, an additional, so-called extra premium is charged.
It is clear that in the insurance of vessels, the prize rates for each vessel are applied depending on its type, insurance conditions, the district and the season, etc. Solid rates of rates to work out almost impossible.
Practice knows only individual rates for ships floating in strictly defined areas, tariff rates of extra premiums for access to areas specified as dangerous. Such an extra premium is a certain amount charged with each clutto-register ton of the vessel, plus a certain percentage of the sum insured.
When insuring whole fleets, as a rule, a middle rate is established for the entire fleet or for a more accurate calculation, all vehicles of this fleet are grouped by general homogeneous indicators and the rate is set for each such group separately.
Relationships of Party Upon the occurrence of the insured event, it is envisaged in the insurance rules and the corresponding marine codes (in Russia - Art. 218 KTM) and are mandatory for the parties. Failure to comply with these obligations by the insured or his representative can lead to the release of the insurer from liability under the insurance contract.
The insured or his representative upon the occurrence of the insured event is obliged to take all measures depending on them to prevent damages, saving and preserving a damaged vessel, as well as to ensure the rights of the regression of the insurer to the perpetrator.
All circumstances of the accident on the sea Captain or the Watched Assistant must be in the ship magazine, and upon arrival at the port make a statement about the accident.
If the cause of the accident was insurmountable natural forces, the captain for removing from the shipowner (from the vessel) of liability for losses should make a statement about the marine protest.
Marine protest declares notary or other official person In the port of arrival and must contain a description of the circumstances of the incident and measures that the captain took to ensure the safety of the property entrusted to him.
The insurer can take part in measures to save and preserve the insured vessel, give advice, coordinate the conditions for rescue contracts, etc., but all its actions are not considered the basis for recognizing the right of the insured to receive insurance compensation. This right is determined on the basis of the terms of the insurance contract.
With the requirement of insurance compensation, the insured is obliged to document the presence of an insured event.
If there is no other in the insurance contract, the damage from damage to the vessel is supplied to the amount of reference, which should not exceed the cost of restoring the damaged or deceased part of the vessel, minus the natural wear of this part by the time the accident, i.e. In this case, the principle of the credit of the "old for the new" is applied.
After the payment of insurance compensation for the insurer, within the amount of the amount paid, all claims and the rights that the policyholder or the beneficiary have to third parties guilty or responsible for causing harm are transmitted. The insured or beneficiary in obtaining insurance compensation is obliged to convey all the documents and evidence that has been available to the insurer associated with a loss and fulfill all the formalities necessary for the implementation of the right regress to the perpetrator.
Cargo Insurance (Cargo Insurance)
Modern foreign trade and sea transportation cannot do without insurance. In most cases, the insurance contract is an integral part trade transaction. The question of who and at whose expense makes insurance is solved when entering into these transactions.
In international trade, with all the variety, its forms have been developed by the main conditions of trade in those or other goods and the corresponding proofs of trading contracts. These programs provide for the mechanism of the price of the price of goods and the action assigned to themselves in this transaction.
The most common four main types of trade transactions denoted by abbreviations Sif, Kaf, Fob and FAS.
Got its name from the initial letters english words: "The cost of goods, insurance and freight." This is a special type of contract in which the basic questions of the purchase are solved on special grounds: the moment of transition to the buyer's risk of random death, damage or transfer of goods, the conscientious action of the seller; The procedure for calculations and other issues.
When selling a product on the conditions of Sif, the seller is obliged to deliver the goods to the shipment port, immerse him on board the vessel, charter tonnage and pay freight, insure cargo from marine risks for all the time of transportation to its carrier to the buyer and send to the buyer all the necessary shipment documents.
According to the transaction, the Sif from the seller does not require the physical transfer of goods to the buyer, just sending him all shipping documents for this transaction. Having documents, the buyer can dispose of the further fate of the cargo before it is received.
The widespread distribution of SIF transactions in international trade led to the need to develop special international rules for their interpretation.
Such rules developed by the International Association of International Law were originally adopted at the Conference in Warsaw in 1928, and then in 1932 in Oxford (United Kingdom) they were redesigned and the final version received the name of the Warsaw-Oxford Rules.
The rules of mandatory force did not have and applied only when it was agreed between the seller and the buyer when concluding a trade transaction.
At the same time, any expansion of the conditions could be made, but already at the expense of the buyer.
In England, Germany, France and other countries, in the process of applying the rules, appropriate recommendations were developed in the form of additions, which took into account the customs of these countries, some special conditions transactions based on the specific properties of certain cargo (for example, flour, vegetable oil, grain, cotton, etc.).
These recommendations in some cases were issued by official government acts. However, they were mainly a recommendatory disposition, which made it legally possible the use of various transactions and typical conditions in the international trade, including various interpretations of the CIF transaction conditions.
Thus, the Trade Association of Vegetable Oil had up to 40 typical proforms, the London Trade Association of Grain - up to 70 types of various profistic proficity contracts. The Association for Trade in Cotton has their own pro formations.
In 1936, and then in 1956, 1980 and 1990. The International Chamber of Commerce has worked great work on unification, informal codification and interpretation of the conditions of international trade contracts, established customs, generally accepted interpretations, common foreign trade terms and commercial concepts. As a result of this work, a consolidated reference material was published, referred to as "Incoterms 1990" (document of the International Chamber of Commerce No. 350), which is widely used in the practice of international trade, including under transactions under SIF. Until 1980, Incoterms went out in the editors 1936, 1953, 1967, 1976.
Over the years, changes and additions are made to the rules that take into account the developing practice of international trade.
"Incoterms 1990" aims to establish uniform international Rules on the interpretation of the most important terms and concepts used in purchase and sale agreements in foreign trade. As noted above, these rules are optional to use, but they are increasingly resorted by trade transactions, preferring clear, uniform international rules, those different indefinite interpretations of the same terms existing so far in different countries and those who can lead to misunderstandings and disputes accompanied by loss of time and cash.
The Incoterms 1990 rules have not yet been able to establish a uniform interpretation according to some concepts and terms, so they are recommended to use the established customs of loading and unloading ports.
It is established that the special terms of contracts concluded by the parties in the trade transaction are prevailing on any provisions of Incoterms and that the parties applying the rules of Incoterms1980 may complement them or change at their discretion. In order to avoid misunderstandings, it is recommended not to include in the contract of the international trade transaction of various abbreviations of concepts that are well known for the one hand, since they are used in domestic trade, but may be completely unfamiliar to the other side.
Cat trades received their name from the initial letters of the English words "cost and freight".
According to the bank, the seller must conclude a maritime transportation agreement at his own expense to the destination specified in the contract, and deliver the goods on board the vessel. The responsibility of insurance lies on the buyer.
Fob transactions received their name from the English expression "freely on board". Under the terms of this type of transactions, the seller must immerse the goods on board the ship, which the buyer must chain. He must insure the goods at the time of transportation, usually from the domestic point to the loading port and then to the final destination.
FAS transactions - from the English expression "freely along the side" or "freely along the boards of the ship."
Cargo insurance contract is on the basis of a written statement of the policyholder, which should indicate: the exact name of the cargo, the delivery of the packaging, the number of places, the mass of the cargo, the number and dates of the bills or other transportation documents; Name, year of construction, flag and tonnage of the vessel; Method of accommodating cargo (in the hold, on deck, bulk, bulk, bulk); points of departure, overload and purpose of cargo; Date of sending vessel, insurance amount of cargo, insurance conditions. All these data is necessary to determine the compliance of this carriage of goods, which provide for various goods certain packaging requirements, laying on the vessel, to the ship itself, etc.
These groups in one or another modification correspond to the standard conditions of the Institute of London Insurers, which are referred to: with responsibility for all risks, with liability for a private accident; No responsibility for damage, except for crash. They are consistent with the developed groups of tariff rates.
The provision with responsibility for all risks is the most wide, but does not cover "all risks." Of these conditions, damage and the death of cargo are excluded from all kinds of military operations, weapons of war, pirate actions, confiscation, arrest or destruction at the request of the authorities (these risks can be insured for an additional fee); Risks of radiation, intent and coarse negligence of the insured or its representatives, violations of established rules for transportation, shipping and storage of goods, packaging inconsistencies are excluded; influence of truume air or special properties of cargo; Fire or explosion, if without the knowledge of the insurer to the ship at the same time, substances dangerous with respect to explosion and self-burning were immersed; shortage of cargo for the intake of outer packaging (indemnity); damage to cargo by rodents, worms, insects; Slow down in the delivery of cargo and falling prices.
The condition of insurance with liability for a private accident, in contrast to the first, a solid list of risks in which the insurer is responsible. Naturally, the amount of liability of the insurer is less here. Of the responsibility on this condition, the risks that are not covered by the condition "all risks" are also excluded.
The insurance condition without liability for damage, except for crashing, on the list of insurance cases under which losses are subject to payment, and for the aggregate of exceptions from the insurance coverage, as a whole coincide with the terms of responsibility for a private accident. The difference is that, for the last condition, the insurer under normal conditions is responsible only for the incidents of the complete death of the whole or part of the cargo, and the cargo damage is responsible only in the case of any incident (in general, referred to) with a vehicle (vessel).
With all three conditions, the Insurer reimburses losses and costs for a common accident, necessary and expediently produced costs of saving cargo and to reduce the loss.
Here it is necessary to explain the term "private" and "common" accidents. Under an accident, it is usually customary to understand any breakdowns that can occur with equipment and structures on land; With vehicles at sea: breakdowns, explosions, fires, clashes of ships, stranded landing, etc.
In the maritime right, the word "accident" received a different interpretation: the accident is understood not the incident, but the losses and expenses caused by this incident to the sea enterprise. These losses are divided into losses of a common crash, which are distributed between all the participants of the maritime enterprise, and the private accident that fall on the owner of the damaged property.
Loss of common accident Losses incurred due to the intentionally produced, reasonably and emergency costs, contributions or donations in order to save the vessel, freight and transported on the ship cargo from the overall danger to them (Art. 232 KTM).
Thus, in order for the loss to be recognized as a common accident, four conditions are needed: premediation, rationality, emergency and the goal of action - the rescue of the goods, vessel and freight from the overall danger. If there is no at least one of these conditions, the loss will be recognized as a private accident.
The most characteristic cases of a common crash:
a) losses caused by throwing out the cargo over the board (the ship in the storm stranded, he threatens death, to remove the ship to relieve the ship). Art. 234 KTM establishes that losses "caused by throwing overboard and accessories of the vessel will be attributed to the total accident, as well as damages from damage to the vessel and cargo when taking measures for general salvation, in particular, due to the penetration of water in the hold through the hatches, open to throwing out the load, or through other holes made for this ";
b) losses caused by carving an emergence on a fire ship, but they will not be accounted for losses from burnt goods, which are a private accident of their owner;
c) losses associated with the removal of the vessel from the mel. If the vessel was raised for the purpose of salvation, all expenses will be attributed to the losses of a common accident; If accidentally, only those losses that were caused by the removal of the vessel with Meli will be attributed to the losses of the total accident;
d) costs and losses associated with the forced sunset in the port of refuge.
The losses of the common accident are distributed between the vessel, cargo and freight in proportion to their value. Each of the insurers of the cargo, the vessel or freight accordingly unconditionally reimburses the share of losses falling on it.
The institution of a common accident is one of the most difficult in the maritime insurance law.
The availability of a common accident is determined by the disps, which also distribute the cost-related costs. The calculation on the distribution of a common accident is called the Dispassia and is compiled by disps in the statement of stakeholders.
The total value of the property involved in the coverage of a loss for a common crash is called contribution capital.
When drawing up a dispass, with the incompleteness of the requirements of the Act of Dispassors are guided by international customs of commercial navigation. The consolidation of such customs in the definition of a common accident is York-Antwerp Rules of 1974
All losses not falling under the definition of a common accident belong to losses on a private accident. These losses bearing the owner of that property on which they came to, or the one who is responsible for their causation.
The insurer, as a rule, is responsible for losses only within the sum insured. However, the losses of the overall accident compensation even in cases where the total amount of payments may exceed the insurance amount.
The consignee when taking the goods is obliged to compensate for the carrier all the necessary expenses made by him at the expense of the shipper, and in the case of a common accident, make an emergency contribution or to submit reliable support (on the basis of the mortgage right, the carrier before paying the relevant amount can delay the issuance of the cargo). When determining the overall accident, the following documents are taken into account.
A written statement of the consignee, where he undertakes to pay the share of expenses falling on it in the order of the distribution in common accident.
As providing payments for a common crash can be made money deposit.
By agreement of the parties, the bank guarantee may replace the cash deposit. In some cases, the counterclaims of a more solid bank may also be required.
Emergency Commissioners (Surveyors) Compiled a document that contains a description of the causes and size of the losses of the Present Insurance case, as well as other data to judge the availability of the insurer's responsibility, is an emergency certificate.
According to international legislation (Art. 229 KTM), after the payment of insurance indemnity, the insurer goes (within the amount paid) the right to demand permission to the perpetrator - right to regress. In this case, the Insured must provide such a right to ensure the insurer in a timely manner, having transferred his powers to him.
Sea protest. In the case of any incident during a flight associated with the natural forces, the court captain for removing responsibility for possible damage in the cargo or on the vessel in the first port of arrival declares competent state body Marine protest with the presentation of the most important circumstances of the maritime incident and measures taken by the command of the vessel to prevent the possible adverse effects of such an incident. Thus, in this statement, the captain proves that all measures have been taken to ensure the crew to ensure the completion of the flight and the safety of cargo, and if it failed, the natural forces of nature and the captain protests against all claims that may be presented to him or to shipowner (Art. 286 KTM).
The captain or a watch assistant in chronological order lies all the facts and circumstances relating to the regulations on the vessel (about the vessel itself, cargo, crew, etc.), in the ship magazine. A separate magazine is conducted in the engine room, where the works of the machines obtained and executed commands are recorded.
When determining the availability of a common crash, all these documents are crucial.
So, the insurance contract is concluded only on the basis of one of the above conditions, even the widest ("all risks"), does not cover all the probable hazards that may meet during the sea transportation. Therefore, the policyholder or other person, at the risk of which remains not covered by insurance, part of the dangers of transportation should take care of the additional (at its own expense) insurance in excess of what is usually provided for in trade contracts on the CIF condition.
Relationships of Party Upon the occurrence of the insured event, in any form of insurance. The difference is only the need to perform a number of formalities and the provision of various documents to confirm the availability of an insured event.
First of all, the insured must refer to the insurance object as if he was insured, and upon the occurrence of an insured event, to take all measures to save and maintain damaged (the costs of these goals, as mentioned above, are reimbursed by the insurer), to ensure the insurer the right regression to The guilty side and promptly notify the insurer about the incident.
To obtain insurance compensation, the insured (or beneficiary) is obliged to document its interest in the insured property (for example, the availability of an insurance contract), the availability of an insured event, the amount of its loss claim.
In marine insurance To prove interest in the Insured Gruza, it is necessary to submit to the insurers, railway invoices and other transported documents, textures and accounts, if the maintenance of these documents, the insured or its representative has the right to dispose of cargoes. When the freight insuring, the presentation of charters and bills. The presence of an insured event is confirmed by the following documents: by the marine protest, discharge from the ship's journal and other acts indicating the causes of the insured event, and when the ship is lost, there is no reliable information about its output from the last port and the expected date of arrival in the next port. To prove the size of the claim for a loss, emergency certificates compiled by the emergency commissioner, expertise acts, assessment and other documents, compiled in accordance with the law and customs of the place where the loss is issued; Exponential documents on the costs made, and in the case of the presence of a requirement for paying a share in a common accident - a reasonable calculation and dispatch.
Liability of shipowners
As the trade shipping development, the increasing number and diversity of cargo transported by the sea, expand the geography of trade flights, the saturation of the sea routes of various plaques, the magnitude of the material liability of courts for the possible causation (by oversight or chance) increased by the most important and expensive auxiliary facilities. Physical or moral damage to third parties.
Partly such risks are covered by the usual Maritime Casco Insurance Contract. True, under this contract, the insurer was made to insure the responsibility of shipowners for the collision of ships, but only within 3/4 of the size of possible damage, and 1/4 remained at the risk of shipowner as a kind of franchise. Therefore, shipowners had to look for a way out of the situation they found, uniting in peculiar organizations that were as intend to reimburse such losses on a collective basis. So there were mutual societies for insurance of courts of ships - the clubs of mutual insurance of shipowners. The form of mutual insurance was that the insurers - the owners of the courts created a general insurance fund from which the losses arising from a particular member of the club were reimbursed.
Protection risk insurance. In the future, such clubs, in addition to the insurance of 1/4 (25%), the share of liability in the collision of ships, not covered by contractual insurance, began to be responsible and other risks, the emergence of which was caused by a number of historical factors. Thus, in 1846, in England (the historical generics of commercial navigation and maritime insurance), an act was adopted, providing for tightening the requirements for shipowners due to their responsibility for compensation for damage related to loss of life or corporal damage. The reaction to this was the creation of a number of clubs or associations to protect the interests of shipowners who raise the risks associated with the exploitation of courts called "Risks of Protection". Accordingly, the societies received the name of the protection clubs.
Insurance of compensation. In 1870, the owner of the vessel, sunken with a cargo in the area of \u200b\u200bCape of Good Hope, after it passed by the port of destination of the cargo, was recognized as responsible for the death of cargo. Such a court decision prompted the clubs to accept the liability of shipowners for the safety of cargo adopted for transportation. This type of insurance protection received the name of compensatory insurance or compensation insurance.
Insurance of the risk of protection and compensation for a long time was conducted by separate clubs. The protection risks treated: liability insurance in case of death and injury of ship crew, passengers, port workers; 25% (1/4) damage caused by another vessel in a collision; damage to fixed and floating objects; Expenses to eliminate the remnants of sunken property from the water area of \u200b\u200bports and fixaters.
The risks of compensation were mainly the risks of the responsibility of shipowners for the safety of cargo adopted for the carriage and in general using vessels for the carriage of goods: various fines imposed on shipowners due to errors or commissions of the captain and crew members by customs, emigration, sanitary or local authorities, the share of community expenses , due to vessel or cargo, when the overall accident is caused by an error or negligence of the sea carrier.
Subsequently, clubs or associations of protection and compensation merged into uniform clubs of mutual protection and compensation.
In addition to conducting the above insurance operations, clubs take measures to prevent the arrest of insured vessels in the necessary cases and draw up for this bank guarantees. To protect the interests of their members, clubs have representatives or correspondents in various ports that control the course of loading and unloading works and take appropriate measures in case of complaints about the shipowners.
Mutual liability insurance of shipowners gained widespread. Currently, about 70 clubs are currently operating in the world, clubs of England, Sweden, Norway, USA are the largest of them. One of the most important principles of club activity is that they do not pursue the goal of profit from their operations, but are designed only to defend their members from losses incurred.
The club's governing body is the Board of Directors, elected from the representatives of shipowners. The Council is going as needed to solve the principal issues of insurance and financial policy.
Current work, in particular calculations for insurance premiums, losses, etc., is carried out by managers or managers specializing in maritime law, shipping, insurance.
The financial base of clubs constitute the contributions of its members, of which insurance funds are formed, intended to pay for possible claims to shipowners - members of the Club to cover the costs of doing business.
The amounts of insurance premiums are based on the average lossability indicators over a number of years and depend on the composition of the fleets included in a particular club - the type of vessel, its gross-register tonnage, the diving area, insurance liability, as well as the requirements of national legislation regarding shipowner responsibility For the actions of the crew members of the vessel and its agents.
Insurance contributions are divided into three categories - preliminary, additional and emergency.
At the beginning of each March year (which usually begins on February 20, February 20, and ends at noon on February 20 of the next year), the club's board of directors based on the settlement amounts sets the amount of preliminary contribution. If, after the end of the operating (polis) year, it becomes clear that the claimed claims are more than the preliminary contributions collected, the Board of Directors will make a decision on making members of the Club additional contributions To cover the deficit.
In the event of a catastrophic loss, the coverage of which is not enough tools of the club, resort to the collection of emergency contributions.
With a favorable passage of the case, when preliminary contributions to excess overlap all the claims, next year, contributions will be adjusted accordingly.
The volume and types of liability of shipowners who are covered by insurance in the clubs of mutual insurance, usually in each individual case depend on the rules of this or another club. Although in each of these rules, it is said that the nature and size of insurance risks, the insurance conditions can be agreed by the club and shipowners, in reality it occurs extremely rarely and each clubs adheres to the rules established by him. This is due to the fact that the rules are taken into account of mandatory (imperative) norms of national legislation, which cannot be changed by agreement of the parties, as well as in the fact that when changing the insurance conditions in favor of shipowners, it is necessary to revise the size of the insurance premium in the direction of its increase.
Thus, although various types of responsibility may be insured in mutual insurance clubs, each of the clubs limits their responsibility's circle only by risks defined in the rules of these clubs.
Clubs of mutual insurance in various combinations and volumes are responsible for the following risks.
Responsibility for loss of life, bodily damage, for illness and repatriation. According to this type of insurance, the club reimburses shipowner expenses incurred by him in connection with the funeral, hospitalization and treatment of any persons on board the ship. The compensation is also subject to losses resulting from loss or damage to these persons who belong to these persons. In this case, negligent actions or omissions on board the vessel or inept handling of the cargo will be considered an insured event. The expenses on the repatriation of the crew members of the Insured Ship are also reimbursed; wages and other types of earnings not received by members of the crew as a result of the practical or structural complete death of the vessel; The costs of rejecting the vessel from the course (Deviation) and due to the need to land the sick or affected crew member, as well as the port expenses and costs of fuel shipwhald, provision, wage, insurance and other cash costs associated with the expectation of the replacement of the retired crew member (otherwise The ship will be considered a non-mode) to ensure the safety of continuing the flight.
Responsibility for the collision with other courts It is one of the main risks insured by clubs. It is understood that 3/4 of collision responsibility with other vessels is covered by contract insurance (corps, machinery and equipment of the vessel), and 1/4 of the responsibility remaining at the risk of shipowner is insured by the club. The club insures this remaining 1/4 of the responsibility of the shipowner, including the costs and costs associated with the damage caused by a collision by any other ship, regardless of whether the responsibility of the shipowner in the CASCO policy is insured, which includes a clashing reservation. The club may adopt the liability of the shipowner in a part exceeding 1/4 of liability for a loss of another vessel, provided that such an excess is not subject to compensation on the CASCO policy.
If a loss is subject to compensation to the club, the Club Directorate reserves the right to determine the actual value (insurance value) of the vessel on which it should be insured in the CASCO policy, and compensation between the insurance sum and the actual (insurance) value of the vessel. The amount not paid by the club is reimbursed by the shipowner himself.
In addition to liability insurance for a collision with other vessels, the club owner arises from the commissioning of the shipowner to compensate to another shipowner to raise the vessel if it sank; removing shipwreck balances; The cost of establishing light or other signs to designate such residues, as well as losses caused by the insured vessel port, dock, moor, muling or otherwise fixed or mobile (with the exception of vessels) subject.
If the claim for compensation claim arises as a result of a collision of two ships belonging to one shipowner, he has the right to compensation for losses from the club as if these vessels belonged to various shipowners. Such a rule in insurance practice is referred to as "a clause about the courts belonging to one shipowner." If both vessels are to blame for the collision, then the procedure for eliminating damages on the basis of counterclaims of ships to each other is provided.
As noted above, maritime insurers under the CASCO Agreement may take insurance not 3/4, but all 4/4 responsibility for the collision of ships, including the policy of the altered reservation of the Institute of London Insurers about the collision.
Responsibility for harm caused by fixed or floating facilities- the responsibility of the shipowner for harm caused by his ship, dock, pier, pier, mullet, land, water, or any other fixed and mobile facilities, with the exception of another vessel and the property on it. The amount of insurance coverage under this rule includes the responsibility of the shipowner for the pollution of water and the coast as a result of leakage of petroleum products.
Given the volume of transportation by sea of \u200b\u200boil and petroleum products, as well as severe international rules for protection ambient, Insurance of this kind is very dangerous.
According to international rules, if the spilled oil threatens pollution by the coast under the jurisdiction of any government, or creates a different danger of damage to the damage, the owner of the tanker is obliged to remove oil or pay the cost of expenses to remove it and clean the coast. At the same time, the responsibility of the tanker owner is limited to $ 100 per brutate-register tanker tonne with a maximum total amount Responsibility of $ 10 million for each tanker and for each incident.
It suffices to recall the catastrophic consequences of accidents of tankers who have fallen by oil irreparable damage to the coastal waters and the coast of some regions of France and England.
This particular concern of international community organizations causes the transportation of petroleum products under the so-called convenient flags - Panaman, Liberian, Singapore, etc., where the registry requirements for the navigation courts are significantly reduced. Owners of vessels floating under these flags, i.e. having a port port in one of these countries and a register inspection passing there, along with tax benefits "Save" on safety, qualified team, etc.
The UN Conference on Trade and Development (UNCTAD) in 1978 published a study from which it follows that up to 1/3 of the vessels of the entire global fleet are covered by a convenient flag.
Responsibility for damage to vessels not caused by a collision. The responsibility of the shipowner for the death and damage to another vessel or the property on it, including the costs associated with it caused by a different reason than the collision, and the resulting negligence admitted to the vessel or management of the vessel or the consequence of other negligence, expressed in action or inaction On board the insured vessel or in connection with this ship. The risks of this kind refers to the damage caused by the improper maneuvering of the insured vessel, which led to landing (in order to avoid collision) of another vessel, or his collision with the third, or naval on the berth, etc. This does not relate to the damage caused by the wave raised by the insured vessel, the fire, the source of which was the vessel, the explosion that happened on his board, the fall of something overboard, etc.
Responsibility for towing contracts. The responsibility of the shipowner arises, arising from the conditions of the towing contract, in which its vessel can be both towed and towing. The losses and damage arising during the towing and the shipowner responsibility are reimbursed, but only to the extent that such responsibility is not subject to a refund of the Casco Insurance Policy (vessel).
This rule proceeds from what is insured primarily the responsibility associated with the rules and conditions for entering the appropriate ports in which towing is a necessary or common phenomenon.
Responsibility for guarantees and contracts. According to this rule, the responsibility of the shipowner may be insured for damage caused by the life and health of any individuals, as well as any property, except cargo transported on the vessel insured. At the same time, there are agreements and guarantees associated with the hiring shipowners of cranes, lighters and other loading and unloading mechanisms and drives.
Responsibility for the removal of shipwreck residues. Responsibility of this kind is one of the essential risks that shipowners are subjected. It places irrepare to the presence of their own guilt and guilt of their employees. According to this type of insurance clubs, the costs of raising, removing and destroying shipwreck residues or the establishment of lighting or other warning signs to indicate the location of the balance of the insured vessel who has crashes. The responsibility of the club comes in cases where the listed actions are necessary by law, as well as if specified expenses Can be charged with shipowner upon court. From the amount of insurance compensation is subject to subtracting the cost of saved as a result of lifting ship reserves, materials and balances themselves.
Quarantine costs. May be insured quarantine and emergency expensesassociated with the occurrence of an infectious disease on board. These expenses include:
expenditures on the disinfection of the vessel and persons on board the vessel, in accordance with the requirements of public health legislation, the rules and orders of the respective authorities;
the cost of consumed fuel or the cost of towing the vessel into a specially designated place where the vessel must be located during quarantine, and towing the vessel from such a place, including the cost of fuel consumed during quarantine;
direct costs for entering a place or port of asylum and at the exit of the vessel from such a place or port, if the only reason for the approach was the emergence of infectious disease aboard the insured vessel.
Responsibility for the safety of transported cargo. The club insures the responsibility of shipowners for death, damage and shortage of cargo or other property transported by the insured vessel. At the same time, club insurance rules provide for the possibility of choosing insurance coverage:
a) responsibility for the death and shortage of the goods;
b) responsibility for damage to cargo.
In practice, shipowners usually insure the risk of freight of cargo in full under the conditions of both parts.
A shipowner when insuring responsibility for damage to the cargo has the right to reimburse additional expenditures on unloading, the implementation of damaged goods and the sale of impairment goods in excess of expenses that the shipowner usually produces under transportation contract. Additional costs produced by shipowner are reimbursed by the club in the amount of 50%, provided that the shipowner cannot recover them from anyone else.
The club compensates for damage to cargo or other property, as well as in connection with this cargo or property, transported on other means of transport, but for which the shipowner is responsible for the conditions through Covenant or the relevant contract of carriage.
Freight loss is subject to refund only if the freight enters the claim of the claim paid by the shipowner.
Incompression of the share of common accident due from cargo. The club may be insured by the risk of obtaining a common accident or in a rescue remuneration of a share falling into a load or other participant of the maritime enterprise, which the shipowner had the right to receive, but did not receive due to the violation of the contract for transportation or chartering.
Share of a common crash. Insurance of the share of the ship for a common accident and in expenses for his rescue is an additional. It comes into force when contributions for a common accident, insured by the CASCO policy, are not subject to refund, since during the distribution of communal expenses, the dispensary may establish a mismatch of the actual value of the vessel of the insurance amount, namely when the insurance cost of the vessel exceeds its insurance Amount. In this case, shipowner in the CASCO policy will only receive a proportional share of the amount due to a common accident, and the club will have to refund the difference.
Penalties. Clubs take on insurance various fines imposed on the shipowner with the relevant authorities, courts, arbitrations and other competent organizations: for non-compliance with the rules of safety regulations established in accordance with the laws, decisions, regulations of any country; for lack of cargo, delivery of excessive cargo and non-compliance with cargo declarations and other documents on ship and cargo; for smuggling imports of goods by captain, crew members, agents and other persons, for the actions of which is responsible for the captain of the vessel; for violation of customs laws and rules related to the design, its change and re-equipment of the vessel; For violation of immigration legislation.
The procedure for applying franchise. Taking to insuring the possible responsibility of shipowners in various risks, clubs are responsible for the responsibility of their insurers to satisfy small losses as a franchise.
Thus, the expenses of shipowners in connection with the disease of the crew members, including the costs of repatriating and changing the course of the vessel (deviation), are reimbursed in the amount on which they exceed $ 120. in each individual port for ships with a capacity of 2500 gross register tons and more and more $ 60 for vessels less than 2500 gross register tons.
According to the death, damage to the cargo and liability due to the cargo, by the share of cargo in the common accident and the shipowner's savings costs are reimbursed with the deduction of 0.12 dollars. For gross register ton of the vessel or $ 720 for each general cargo , transported on the ship in one flight (depending on which of these amounts is less) and 0.12 dollars. for the gross-register ton of capacity or $ 240 by cargo, which is not the general (depending on which one sums less).
For all types of fines, the first 120 dollars are not reimbursed. One fine.
The total amount of club payments on one incident is also limited. For example, on a tanker fleet in a collision, damage to floating and stationary objects, damage or shortage of cargo and at legal expenses, the liability limit of the club is $ 35 million. Additionally, a limit of $ 20 million was installed. For the risk of water pollution by oil products. In addition, tankers owners, which are parties to the agreement on compensation for the costs of pollution of oil products of the coastal strip, for their part, limit their responsibility under this agreement at $ 15 million. For dry cargo ships, the liability limits of clubs are significantly less and fluctuated in the range from 50 thousand to 6 million dollars depending on the lines they serve.
Consideration of claims. At the occurrence of the insured event, the shipowner must inform the club or its agents about the incident and submit emergency certificates, expertise acts, calculations, justification and other documents relating to the loss. The duties of the shipowner remains the adoption of all measures to prevent or reduce the loss and possible costs. container transport service (CCC) demanded the creation of a specialized rolling stock: container shipping vessels, elongated railway four-axle platforms for the simultaneous transportation of three 20-foot containers, car semi-trailers and tractors; Construction of specialized containers of stations and terminals (berths) equipped with high-performance long-loading means of heavy loading capacity, special autocontainer and aircraft, etc.
Container transportation has become an independent view of the carriage of goods and is currently widely provided with the possibility of continuous consistent transportation by marine, rail and road vehicles.
For transit through the territory of our country, such large-tonnage containers created an international trans-Siberian container line.
Container insurance has a specific specificity. The objects of insurance are the containers themselves as a container for the goods placed in them, however, they are part of the vessel, intended for subsequent removal from the vessel in the transshipment places and transporting goods contained in other means of transport or for warehousing and, therefore, cannot be insured Costs insurance conditions. Their insurance is carried out on special insurance contracts, concluded usually in standard English conditions. The amount of insurance coverage can be different. Container insurance can be produced both under conditions from all risks and for narrower conditions covering the risk of loss of containers falling on containers in a common accident, costs of rescue containers, prevention and reduction of losses.
At a relatively small cost of containers - from 2 to 10 thousand dollars. Per piece depending on the size and material of the manufacture - the total cost on board the container carrier of the average load capacity is 3-4 million dollars, and on large courts reaches $ 10 million. ., What is already a significant risk.
It is believed that the greatest depreciation of the container occurs in the first years of operation and amounts to 30% after the first year, after the next two years another 20% and another 10% later in three and five years.
Taking on insurance the risk of death or damage to containers, insurers usually limit their responsibility on one dispatch by certain limits both at the time of sea transportation, and separately at the time of land. In addition, for the liberation of the insurer from small losses, a franchise is used in various sizes of about 100 - $ 500. An indispensable condition for the insurance of containers is the presence of a clear image on them of ordinal numbers and other identification signs.
When insuring containers under conditions from all risks, the insurer assumes responsibility within the limits of the limits for the risks of their complete death and damage during the insurance period, including the transportation of containers on the deck.
The insurer is not responsible for the natural wear or gradual deterioration in the quality of containers, as well as for their death, damage and possible costs caused by the delay of the flight or the natural properties of the insurance object.
The responsibility of the insurer for the loss of the container mechanisms occurs in the case of the complete death of the container, however, in some cases, the responsibility of the insurer for their damage may be provided.
If the container is damaged, but the damage did not lead to its complete death, the amount of insurance remuneration should not exceed the reasonable value of its repair. If the subsequent complete death of a damaged container occurred, the repair of which was not made before his death, the insurer only responds to the complete death of the container and should not pay any amounts on the failed repair, at least these amounts have been confirmed earlier.
In cases where the cost of restorative repair of the container exceeds its insurance amount, it is believed that the container suffered complete structural death and, accordingly, the loss is refundable as for complete death.
The costs of a common accident and rescue costs are reimbursed usually in accordance with the laws of the country owner of the container or, if provided for in the chartering agreement, according to York-Antwerp Rules. Moreover, if the contribution amount exceeds the insurance cost of the containers, the insurer undertakes to pay the amount of the contribution.
If the chartering agreement includes a reservation about mutual fault in a collision, according to which the owners of containers are obliged to compensate the carrier that falls into containers part of the losses, charged with the carrier by the owners of another vessel, the insurer under the terms of the insurance of containers "from all risks" undertakes to compensate for policyholders (container holders) paid They amount, but only in the share in which the loss is subject to refund under insurance conditions. Special reservation causes that this insurance It should not serve as a source of extraction of benefits by carriers or depositories.
Transfer of rights or interest in the policy or transfer amounts to be paid under insurance conditions cannot be carried out and recognized as an insurer without dated and signed by the Insured or his representative of the appropriate notice of such transmissions and transfer inscriptions to the policy before paying a loss or return of the insurance premium.
In the case of the sale (alienation) of the container, insurance is considered canceled from the date of its sale. With the cancellation of the insurance contract by the insurer, the proportional proportion of net award is subject to return, and when canceling the contract by the insured, a premium agreed by the parties is subject to return.
Special reservation The conditions for insurance of containers from all risks frees the insurer from liability under losses caused by confiscation, seizure, arrest, prohibiting or detention and their consequences, as well as attempts to make such actions. In addition, in the sense of this reservation, the insurer is not responsible for the consequences of enemy actions or military operations, regardless of whether the initial operation was announced or not.
The insurer is also discharged from liability on losses related to the consequences of civil wars, revolutions, armed speeches, reges, civil clashes and pirate actions.
The insurer is not responsible for the death or damage to containers, as well as possible costs of losses, directly or indirectly caused by ionizing radiation and pollution with radioactivity from nuclear fuel or waste combustion of nuclear fuel; The effects of radioactive, toxic, explosive and other properties of nuclear compounds and their components.
The conditions for insurance of containers from all risks are also provided that the insurer is not responsible for the death or damage of containers and for the possible costs of losses caused by confiscation, nationalization, seizure, requisition, and caused by strikers, participants in Locauts or persons participating in labor conflicts, uprisings and civil unrest.
Thus, as usual, according to other types of insurance, the entire risk range is excluded from the insurance coverage, which fall under the concept of military and strikes. By agreement of the parties, some of them may be included in the insurance coverage for an additional premium.
The conclusion of the insurance contract is made on the basis of a written statement of the Insured, which must contain the main data on the facility: the type of container, the volumetric indicators, the cost, the name of the carrier, the date of the ship's exit to the flight, the point of departure, destination and overload items, etc.
The burden of evidence that death or damage to the insured container occurred as a result of the impact of hazards covered by insurance lies with the insured. If the insurance contract does not provide for another, losses from damage to containers are reimbursed in an amount not exceeding the cost of restoring damaged or destructive parts, minus the percentage of the natural wear of these parts at the time of the accident.
To resolve the disputes arising in the contract, the place and order of arbitration proceedings are envisaged.
When insuring containers on other conditions, which is accepted to be reduced "from complete death", only losses of the death of containers are reimbursed, as well as incidents falling on containers on a common accident, costs to save containers and preventing or decreasing losses payable under insurance conditions. The cost of repairing containers (except for the cases of a common accident) on this provision of insurance is not subject to. Otherwise, both types of conditions coincide.
When insuring containers (admission to the responsibility and establishment of a bid of a premium), it should be borne in mind that the cost with each year is invariably increasing.
As with all sorts of heavy cargo work, processing, transportation, transshipment, and storage of containers can be associated with causing material or physical damage to third parties, which by law should be reimbursed by the guilty side.
Therefore, in addition to insurance of containers from death or damage to insurers, adopt insurance of the risk of civil liability of owners or tenants of containers for harm, which may be caused by the person or property of third parties due to the use of containers. The coverage is provided on the terms of civil liability insurance, taking into account the specifics of the insurance object.
Insurers usually limit their responsibility to establish certain limits when taking risk. The limits are set separately: for injury or death of one person; for the destruction or damage to the property of third parties; For causing injury or death to several persons and / or destruction or damage to the property of several persons on one insurance case.
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
Similar documents
Investigation of the mechanism of insurance for foreign economic activity of enterprises and its role and importance in world practice. Prospects for the development of the insurance market. Problems of interaction of participants in foreign economic activity with insurance companies.
course work, added 01/10/2015
Economic essence Insurance in foreign economic activity of enterprises. The main types of insurance contracts. Conditions of cargo insurance in foreign economic activity. Analysis of the development of insurance in Russia, the interaction of participants.
course work, added 07.06.2014
The main provisions and legal regulation of the foreign economic activity insurance contract. Definition, types and composition of export risks. Classification of the conditions of Incoterms 2000 for the responsibilities of the seller used by the types of transport and insurance.
abstract, added 01/06/2010
The concept and features of the insurance market. Theoretical aspect of its structure and elements. Insurance characteristic as economic category. Structure of the insurance market. Analysis of the state of the Russian market. Insurance problems in the Russian Federation.
examination, added 04/17/2014
Characteristics of the insurance market. Economic Insurance Essence. Methods of education and forms of organization of the insurance fund. Conclusion of an insurance contract. Stages and prospects for the development of insurance in Russia. Studies of the Russian insurance market.
examination, added 23.05.2010
An objective need for insurance of an enterprise in the foreign market. Risk classification in international trade and the problem of management of them. Methods to reduce damages. Transportation of goods and goods, the practice of their insurance. The concept of Incoterms.
presentation, added 01/22/2015
Species, features of liability insurance. Characteristics of types of liability insurance: Non-Study and Treaty. The procedure for entering into a liability insurance contract. Performance by the Parties of the Insurance Contract, the payment of insurance compensation.
Insurance in foreign economic activity is a complex of types of insurance providing protection of property interests of business entities that participate in various forms of international and world economic cooperation. Thus, in foreign economic relations, transactions concluded between foreign counterparties are insured.
In the balance of payments of the country, insurance transactions for foreign economic activity are displayed only when one of the parties to the insurance contract (insured, the beneficiary, the insurer) is a non-resident, that is, a foreign legal or individual.
Insurance facilities in foreign trade in foreign economic and property interests associated with various aspects of foreign economic cooperation (trade, currency, credit, production-investment, etc.).
The subjects of insurance in foreign trade (insurers) can be both individual firms and the state as a whole as a counterparty of the foreign economic transaction.
To find out why it is necessary to use the insurance mechanism in the Practice of the WAD, consider an example. Suppose that exporter X from the country A according to the terms of the foreign trade transaction with the importer from the country in the party sent to its counterparty. Transportation including land (vehicles) and sea (truck) path elements. The payment will take place in three months from the date of delivery of the goods. In the subjects of the WAD, when performing this agreement, the following risks may arise:
1) Damage to the goods when transporting it (both sea and land)
2) a vehicle accident that can cause damage or cargo death;
3) environmental pollution and / or damage to the health and / or property of third parties;
4) Changing the price of the price / payment exchange rate during the action of the contract, at the time of the calculation leads to losses currency revenue exporter or importer.
5) Important failure (for example, in the event of bankruptcy) to make a payment. It is far from full list Risks that threaten the fulfillment of this foreign trade operation. Almost every foreign trade transaction is accompanied by a significant amount of risks. This is due to a significant degree of uncertainty of the external environment due to the territorial remoteness of the subjects of the VED, various political, economic, socio-cultural state of them national economies, unforeseen changes in the internal (in countries of the Armed Forces) and world market conditions in relevant markets, insufficiency of information on the counterparty, the imperfection of vehicles, an increase in the number, scale, destructive forces of natural and man-made disasters, industrial accidents, etc.. As a rule, each subject of the foreign economic transaction risks not only the expected profit, but also the main capital (for example, the exporter may lose the goods during transportation, the lender is not to get the amount of debt and interest, foreign investor - forever remain their FDI, etc., each foreign economic surgery provides for monetary and financial calculations in which any subject of foreign economic activity may incur substantial losses as a result of currency risks; There is always the likelihood of damage to third parties and, as a result, large sums Reimbirth).
Since no counterparty wants to bring significant material costs In connection with compensation for their own losses or damage caused to third parties, it is advisable to contact the Institute of Insurance.
Of course, imprisonment insurance contract also requires certain costs, but the size of possible losses cannot be comparable to the size of the insurance premium (so, the cost of the modern passenger airliner such as American "Boeing 747" or DS-10 exceeds 50-60 million dollars, and the amount of compensation for all types Responsibility to passengers and third parties as a result of the accident of such an aircraft can be equal to 450-500 million dollars, which will not be able to repay even a powerful firm).
In our example, the EDE entities can avoid significant expenses if insurance contracts are: cargo (cargo) (1), vehicle (CASCO) (2), carrier's responsibility for possible damage to third parties (3), currency risks (4), Export commercial loan (5).
At the present stage of the development of foreign economic relations, there are practically no objects, processes or operations of foreign economic activity, unprotected by the Institute of Insurance. Insurance of foreign economic risks becomes an integral attribute of foreign economic transactions.
The risks of foreign economic activity can be classified according to the following criteria: Basic VED models: foreign trade and industrial investment; Types of industry industry and types of insurance.
The risk insurance of the foreign trade model includes insurance of foreign trade transactions (goods, vehicles), liability associated with them, as well as currency and credit relations that serve (export loans, currency risks).
The risk insurance of the VED in the production and investment model covers the international movement of production factors (international loan, FDI, international labor migration), the responsibility associated with them, and the currency credit relations that are accompanied.
Foreign economic activity covers numerous insurance risks related to all types of EDAD and all industrial sectors: property, responsibility, personal.
1. Property insurance, Including liability insurance includes:
1.1. Transport insurance Including: marine and aviation insurance, insurance of containers and means of vehicles.
1.2. Technical Risk Insurance: Construction and assembly insurance Insurance of machines from broken; aftermaking warranty obligations; electronic equipment; responsibility to third parties in construction and installation work; Insurance of imported complete equipment.
1.3. Property insurance, owned by foreign and domestic legal and individuals On the territory of this country and abroad, from fire and other dangers.
1.4. Financial risk insurance Including: insurance of export commercial loans or non-payment risk; currency risks; Foreign investment from political risks.
2. Personal insurance who belongs to insurance against accidents foreign citizens On the territory of this country, as well as citizens of a given country, traveling abroad (on tourist or working visas).
Subjects of foreign economic relations are distributed by national borders. This determines the main feature of insurance in foreign economic activity. It is not functioning within the framework of national economies, but in the middle of the Metasistem of the modern world economy. This essential feature determines a number of specific features of insurance in the WAD:
1. The sphere of foreign economic cooperation is characterized by a high degree of risk, and the insurance facilities themselves are a significant cost.
2. The specificity of foreign economic risks led to the peculiarities of the organization of insurance activities: increasing the requirements for financial Sustainability insurers; development of international marketing insurance companies; Implementation into the practice of uniform insurance firms unified rules and technologies for insurance operations; Formation of international and supranational regulation institutions.
3. An important condition for insurance for foreign economic activity is the observance of the principle of high integrity (relative to the norms of behavior) of the insurer and the insured.
4. Mandatory is the presence of insured interest in the insured, that is, material interest in the prosperous outcome of the foreign economic operation.
5. Most of the insurance contracts lies on a voluntary basis, however, despite this, insurance actually turned into an integral element of foreign economic transactions.
6. When insuring foreign economic risks, as a rule, a written statement of the insured, and the main insurance document is the insurance policy.
The advantages of insurance in foreign economic activity are as follows:
In the event of insured cases, insurers reimburse material damage to the participants of foreign economic transactions;
The reliability of material and real elements used in foreign economic operations increases, by conducting preventive events;
There is a significant savings of financial resources of subjects of foreign economic activity (there is no need to resort to the formation of its own insurance fund)
The turnover of financial resources is accelerated;
Funds mobilized in insurance funds become a powerful source of investment in the scale of modern world economy.
WED insurance is carried out by commercial insurance companies (state, joint-stock, foreign, mixed, cooperative and other), as well as other VED subjects, which includes insurance operations. The choice of an insurance company (insurer) is carried out by the subjects of the WED on their own. Insurance of foreign economic operations on the part of the subjects of the WED is carried out in the treaty principles and is voluntary, unless otherwise provided by the laws of Ukraine.
Creating a WED insurance segment in Ukrainian insurance market It is carried out quite dynamically. The problems of formation are solved legal base Insurance, the creation of the market infrastructure, the development of civilized insurance relations based on financially sustainable insurance companies, insurance products and methodology and technology of insurance operations are being developed, qualified personnel capable of working in new market conditions. This creates the conditions for improving the situation in the Ukrainian insurance market, opens up new opportunities for its development and improvement.
