The Central Bank found candidates for the position of financial ombudsmen on the OSAGO, which will have to understand the disputes of car owners and insurers. They may be the executive vice-president of the All-Russian Union of Insurance Insurers Andrei Yuriev and the head of the ONF project "For the Rights of Borrowers", Viktor Klimov, told the "Vedomosti" a person close to the Central Bank, an employee of one of the insurance unions and a top manager of a major insurance company. The third candidate can be the director of the service development service on the insurance, leasing and financial markets "GLONASS" Pavel Bunin, who until 2012 headed the Russian Union of Motorovshchikov (RSA, unites all the Insurers of the OSAO), adds one of the interlocutors of Vedomosti. Familiar Bunina said that he was negotiating with the Central Bank.
At the same time, Yuriev is considered as the "older" ombudsman as a whole on all disputes in the insurance market, two interlocutors of the Vedomosti know.
Klimov and Bunin said "Vedomosti" that they are not known about the upcoming appointment with ombudsmen on OSAgo. Yuriev and the representative of the Central Bank refused to comment.
The Law on Financial Commissioner entered into force on September 3. From June 1, 2019, the Ombudsmen will begin to consider property disputes on the CTP. The consumer, dissatisfied, for example, the amount of payment, before submitting a claim for an insurance company will have to turn to the ombudsman. His services will be free. He will be obliged to consider the complaint within 15 working days, and its decisions for insurers will be mandatory. Only after consideration of the dispute at the ombudsman, the consumer or insurer will be able to challenge his decision in court.
Financial Ombudsmen on the OSAO law are endowed with the right to pre-trial dispute resolution. It is expected that they will be at least 10, and the first three Central Bank will present in the near future, one of the interlocutors of the Vedomosti knows.
Now OSAGO is the most conflict type of insurance. In 2017, 121,900 complaints about non-credit financial organizations received 121,900 in the Central Bank, of which more than half had the OSAGO - 77,900.
The need for Ombudsman on the OSAGO was: the judicial system is now not able to promptly consider disputes in this kind, which leads to an increase in court costs, says the director of the judicial and legal department "Consent" Anna Polina-Stashevskaya: "The introduction of this institution will allow to unload courts due to resolution of part of the disputes in pretrial order. In 2016, more than 420,000 lawsuits were received in the courts in court, in 2017 - more than 390,000 such lawsuits, cites the data of the judicial department of the Supreme Court, a representative of the Central Bank. He believes that thanks to the work of the Ombudsman on OSAGO in several years, the number of court disputes may decrease several times. According to the RC, in 2017, 358,874 court decisions were made on the CTP, and in the nine months of this year the average amount of payments on the court amounted to 108,348 rubles, the director of the methodology of Rs Evgeny Vasilyev. To completely eliminate the challenge of the ombudsman's solutions, but the court costs of insurers should be reduced to this institution, he believes.
Solving disputes of motorists on OSAGO with insurers should a person who is least dependent on the insurance market believes the president of the Association for the Protection of Insured Nikolai Tryunnikov. Among the selected Central Bank of People, he considers the most suitable candidate of Klimov. All three have professional experience in order to resolve disputes on the CTP, however, Klimov may take the most objective position, the general director of Zetta Insurance company Igor Fatyanov agrees.
Neither Bunin nor Yuriev was never seen in the active upstanding of consumer interests, the head of the Committee for the Control of the quality of products and services in the field of consumer insurance of Russia Andrei Krupnov. He notes that Yuriev at one time was the president of the National Union of Insurers of Responsibility and the OSAGO has a weak attitude.
In Russian Consumer Protection Legislation, there is a big ride on the issue of servicing such a large industry as insurance. And this deprives consumers of insurance services any opportunity for extrajudicial protection of their rights. As a result, the client is very difficult to find out the relationship with the insurance company. And in case of disagreement with the actions of the insurance organization, he will have to defend their rights only in court.
The most adequate the solution of this problem remains an insurance ombudsman.
The position of the Ombudsman appeared for the first time at the beginning of the XIX century in Sweden, translated from the Swedish denotes a representative. A job officer performing the functions of the Ombudsman is intended to monitor compliance with the state of legitimate interests and rights of citizens.
The Swedish innovation in the legal system has not had support from other legislators for a long time. To date, already in one hundred countries there is such a position. Initially, the Ombudsman followed the fulfillment of its official functions of officials and executive authorities, today its powers expanded significantly.
A significant success is the idea in the activities of European insurance companies. Representatives of the insurer are not only present at the meetings of the Presidiums, but also independently choose the head of the supervisory institute, expressing their personal consent with its further decisions. The limitation of the activity of the Ombudsman in European countries is dictated by the established amount of insurance compensation. Upon exceeding the insurer of this amount, the powers of the ombudsman cease, and in the future, the proceedings take place under the jurisdiction of the court.
The content of this institution is carried out at the expense of insurers, however, the service is economically beneficial to both parties. Insureders use the Ombudsman's services for free, and insurance companies are more profitable to maintain an ombudsman than to pay for the costs associated with conducting trials. Collective financing by the insurance organizations of the Ombudsman - a visual confirmation of the independent activities of the Institute, as well as the impact of its decisions.
The successful work of the Ombudsman Institute is noted in Germany. True, with their help problems are solved only by those insurers who are members of the trade union of insurance organizations. When transferring business to the prosecutor's office, the Ombudsman ceases to act. It is worth noting that every fifth German Ombudsman considers about 300 civil complaints a year. In Russia, the indicator of incoming complaints is measured in thousands of thousands.
The complexity in the renewal case in the Russian Federation, the Ombudsman submits insurance legislation that requires adaptation. Partially developed a package of amendments, which are designed to reduce the conflict with the interests of the Insured, expect their turn on making changes to build relations between the established institution and insurance.
The mechanism of the Institute's work is intended as follows: The client, which turned out to be unsatisfied with the services provided by the insurance organization, the entire package of documents reports to the Institute. The Institute on the basis of the documents received decides on the legality of the Action of the Insurer and makes the conclusions of the guilt in this particular situation of the insurance organization. Ombudsman's prescriptions are mandatory for the insurer.
If the policyholder does not satisfy the decision of the Outlooking Institute, he may for help contact the prosecutor's office or to court.
In the Russian Federation, about a year and a half operates the Ombudsman Institute. The main scope of activity is banking. More than a hundred financial structures entrusted the financial ombudsman to solve the issues of debt restructuring, the removal of the amounts of penalties or fines from customers and other controversial issues, without bringing them to trial.
Attempts to create the Institute of Ombudsman were taken earlier in the insurance sphere, but did not lead to due results. At the moment, experts consider, the situation has changed, and in favor of the insured. Insurance companies understand that in the context of increased demand for insurance services, the introduction of such an institution makes it possible to significantly improve relations with its customers. In the future, they consider further rapid development of the entire sphere.
Details Category: PDD Published on December 27, 2018They will be the head of the ONF project "For the Rights of Borrowers" Viktor Klimov. He will begin its work on January 9, 2019.
The first finipidal in the field of insurance will initially take effect the most problematic zone in the segment - OSAGO. It is known that at the moment the judicial statistics of the controversial disputes are very disappointing: more than 300 thousand lawsuits are numbered annually. The task of the first insurance ombudsman is to unload the courts from such cases ..
From June 1, 2019, disputes relating to the CTP, before filing a claim in the court will be considered a finombudsman. This procedure will be free for individuals. We note, property disputes on the OSAGO will go to the ombudsman, regardless of the amount of claims, and the rest of the disputes - in cases where the claimants claimed by citizens do not exceed 500,000 rubles (if more, then the decision will be the decision).
Recall, the Institute of Insurance Ombudsman in the RCA proposed to create back in 2016. As reported by the President of the RSA Igor Yurgens, insurance companies spend a lot of money not to pay damage to the client, but on legal costs and payment of services of autory.
To reduce these costs, in RSA made an initiative to create in Russia the Institute of Insurance Ombudsman. It will be in pretrial order to regulate the disputes between customers and insurers on the CTP.
When introduced in Russia, the Institute of Insurance
ombudsman is necessary at the legislative level to oblige all working
in the market, insurance companies join this association and legitimate
fasten the requirements for the Ombudsman. This opinion was expressed at a meeting with
journalists of the Insurance Ombudsman of Germany, Professor Gunter Hirsch.
Insurance ombudsman in Germany is recognized as a state as a mechanism
pre-trial resolution of disputes between the insured and insurers. He was
created to protect the interests of consumers of insurance services. Hirsch
located in Russia at the invitation of the All-Russian Union of Insurers (WCS),
which currently worries the possibility of creating similar
institute and in Russia.
"I would have made a bid for Russia for the Ombudsman Institute system, which
based on a private basis, "said Hirsch.
He noted that at the same time he would ask the legislators to take two
regulating mechanism.
"The first is the law that each insurance company is obliged to enter into
the organization representing the Institute of Ombudsman to participate in it
100% insurance companies. Secondly, I would require legislatively
consolidate the requirements for the ombudsman - absolute independence and its
professional qualifications, "said Professor.
this moment was the chairman of the Supreme Court of Germany.
Experience in Germany
According to the principles of the institute, the insurer at the conclusion of the contract is obliged
inform the client about his right to turn to the Ombudsman. Apparatus
ombudsman helps the consumer to draw up and issue a complaint
insurer. Ombudsman has the right to consider complaints, the amount of claims for
which does not exceed 100 thousand euros. In this case, the decision on complaints size
up to 10 thousand euros must be fulfilled and cannot be challenged
insurer, and a decision on complaints of 10 thousand to 50 thousand euros -
According to him, in Germany, this institute was created 10 years ago when
"The reputation of insurance in the country left much to be desired." In this
the moment in the organization includes 96% of insurers working in German
insurance market.
"Only about 4% in this union is not included," said Hirsch, clarifying that
these are mainly companies that do not work with individuals, reinsurers and a number
foreign companies.
According to the insurance ombudsman, he has to consider about 18
thousand complaints per year. At the same time, the term of consideration of complaints is four months, "that
faster than through court. "
More than 90% of cases of appeals to the ombudsman concerns complaints of less than 10
thousand and only 10% - over 10 thousand euros.
"In most cases, the case comes to the settlement agreement," he said.
As Hirsch noted, the consumer submits a complaint for free, while
the company on which this appeal was filed is paid to the association
100 euros for the fact of filing a complaint, regardless of whether it was recognized
her wines or not.
Thus, this annually brings the institution in the budget of the order of 1.8
million euro. The second budget article make up membership fees
insurers who are charged depending on the collected premium. Generally
annual budget of the organization is three million euros.
Plans for Russia
According to him, currently in Germany there are about 450
millions of existing insurance contracts, that is, per resident
there are about 5.5 contracts.
In Russia, according to the statistics of Rustkhnadzor, at the end of 2010
268.964 million insurance agreements (excluding OMS)
the population is about 140 million people. So in
The Russian Federation per person accounts for an average of 1.9 insurance policies.
In October 2010, a working group for development was created at WCS
proposals for legislative regulation of extrajudicial permission
disputes between subjects of insurance business. He headed the group counselor
president of the Union Konstantin File.
The priority area of \u200b\u200bthe Group's work is the issues of consideration of disputes
between insurers and customers who account for more than 90% of all
disputes in the insurance market. As evils, extrajudicial permission
disputes will help unload arbitration courts. It is estimated as a result
the implementation of these measures up to 70% of disputes can leave the judicial system.
It is intended to protect the rights of citizens in the insurance market, in the field of lending and placement of funds, explains the head of the GU Bank of Russia in the Central Federal District Nadezhda Ivanova.
The Institute of Financial Ombudsman is in many Western countries. His main task is to resolve the disputes of citizens with financial organizations to the court in cases where the parties could not do it. The relevance of the establishment of the Institute of Financial Commissioners is confirmed by the number of claims from the consumers of financial services entering the courts: in 2017, there were more than 390 thousand only on the ICSAgo issues.
What kind of disputes to deal with the financial ombudsman? First of all, associated with violations of citizens' rights by insurers, including software, as well as consumer lending to citizens.
The financial ombudsman will consider the appeals of citizens if the amount of claims for the recovery of monetary amounts does not exceed 500 thousand rubles (and in relation to the OSAGO - regardless of the amount of the claim). At the same time, from the moment when the consumer of financial services learned or was supposed to learn about the violation of his right, should pass no more than three years.
Before appealing to the financial authorized consumer, it must first send a statement in writing or electronic form directly to the financial organization whose actions he intends to challenge. Only after receiving a refusal to the financial organization, or the default response within the deadline, it appears the right to contact the Finnubudsman. The law has established a tough time frame for consideration by the dispute of the Ombudsman - 15 days from the moment the transfer of the conversion to the financial authority. This time can be extended for ten days if it is necessary to conduct technical expertise. The decision of the financial ombudsman comes into force ten working days after its adoption.
The financial company is obliged to inform the financial authorized on the execution of its decision or to refuse execution. If the company did not execute this decision, the Commissioner issues a certificate to a citizen, which, in fact, is analogous to the court decision. Based on this certificate, the bailiff cites the decision of the financial authorized in execution.
The decision of the Financial Commissioner can be appealed in court as the consumer itself and the financial company. At the same time, a citizen may apply to court within 30 days after the decision taken into force, and the financial company is only within ten days. If the court decides in favor of a citizen, companies can also aneg a fine of 50 percent of the amount of the claim.
The law gives the financial ombudsman independence from federal and regional authorities. There will be the Board of Directors of the Bank of Russia (on the submission of the Chairman of the Bank of Russia, agreed with the President of the Russian Federation) for a period of five years. It is forbidden to occupy the position of financial authorized more than three times in a row.
The candidate for the position of financial authorized is fairly stringent requirements. They may have a Russian at least 35 years old with a higher legal or economic education, which has experience in the financial market, regulation, control and supervision in the financial market or the protection of consumer rights of financial services in a totality of at least five years, or has a judge experience Less than ten years.
Financial Ombudsman is not entitled to work in the authorities, as well as engage in commercial activities. He can teach, lead scientific and other creative activities. Of course, should have a flawless business reputation and be independent of the parties when considering a specific appeal.
At the stage of formation, the work of the Financial Commissioner service will be financed by the Bank of Russia. Then the source will be the contributions of financial organizations, the size of which will depend on the number of lost disputes, the completeness and timeliness of the execution of decisions. The final formula of the calculation will determine the Council of Service of Financial Commissioner, it will be made public.
Financial organizations that resolve disagreements with the consumer prior to its appeal to the financial authorized or before making a decision, will be released from the fee for the consideration of the dispute or will pay it in a minimal amount. Information on such disputes will not be included in the public statements of the financial authorized.
The entry into force will be phased. From the third of September the preparatory period will begin. Since first of June 2019, the law will become mandatory for the OSAGO segment, from November 28, 2019 - for other types of insurance.
From January 1, 2020, he will spread to microfinance organizations, and from January 1, 2021 - on banks, credit cooperatives, non-state pension funds, pawnshops.
Voluntary financial organizations can join the system of financial authorized already 90 days after the entry into force - from the third of December 2018 (there are already insurance companies, banks and MFIs who are ready to do this). Voluntary early joining is welcome and will be taken into account by the Bank of Russia in the exercise of supervision.
