Insurance is an opportunity in financial advantage to protect yourself from various risks. In our complex and unpredictable time it is very important. This service has long been relevant, but after they were introduced different kinds Mandatory insurance in the Russian Federation, to use it almost the entire population of the country. What is this activity in Russia? Let's determine the main types of insurance in the Russian Federation, as well as clarify other nuances of this service industry.
Definition
Despite the fact that the types of insurance in the Russian Federation are presented in a rather wide range, all this activity It can be characterized by one definition.
This is a unique mechanism, with which part of possible risks falls on the shoulders of an organization that provides these services. It is natural that, as for any other service, a legal or individual who wants to minimize risks must pay. Reimbursement Fund Loss upon insurance case It is formed by periodic or disposable monetary contributions.
Classification
Now let's consider specific types of insurance in the Russian Federation and install how this form of services is classified.
All types of these activities can be classified by two factors: an object and level of commitment. In accordance with these criteria and determines the types of insurance. The Civil Code of the Russian Federation knows two main types of insurance in terms of the level of obligation: voluntary and obligatory. These species will be discussed in detail below.
Voluntary insurance
The voluntary type of insurance provides for the conclusion of a contract at the request of the client. He himself decides, from what risks to secure himself and what company to apply to this.
All species voluntary insurance In the Russian Federation, divided into two fundamental groups: insurance of life and other types of services.
Life insurance
One of the most popular types of data services is life insurance. In most cases, it provides for long-term periodic contributions. This type of services for natural reasons is provided for individuals.
The insured event is registered or upon the occurrence of death, or when surviving up to a certain age. Most often, payment is made in the presence of any of the two events. This group also includes voluntary pension insurance.
Other voluntary types of insurance
Other types of voluntary insurance include a fairly wide range of services. But it can be divided into three main groups:
- personal insurance;
- insurance civil responsibility;
- property insurance.
The first of these species provides that the object of action is the person himself. Thus, first of all to this kind You can attribute various forms of health insurance.
Medical insurance
According to the name, it is clear that this type of insurance is associated with the state of human health. Insurance payment involves reimbursement of injury to injury or pay medical services.
- in case of illness;
- upon accident occurrence;
- in the form of payment compensation for treatment.
As a rule, all kinds of disease are negotiated separately. Not all of them are considered an insured event. For example, with a cold, it is unlikely that someone will get paid.
The insurance contract may be canceled if the client hid the real state of his health at the time of his conclusion.
Liability Insurance
IN lately increasingly becomes heard of this form of legal relations as liability insurance. It provides for the payment of funds to the affected physical or legal entity in the event of unintentional actions that cause harm. The insured can be both a person and organization.
Now quite a lot of people want to protect themselves from the risks of responsibility, therefore, it is carried out by voluntary insurance even when the law for this type of activity does not provide for the implementation of such actions in obligatory.
Most often, such a type of contract is the owners of automotive, water or railway transportas well as persons manageing them. This type of service is popular with financially responsible persons in case of shortage of property. Insured responsibility can also be accrued to the penalty for non-fulfillment of work under the contract. Enterprises operating dangerous objects are also quite often voluntarily trying to protect themselves from such risks.
Property insurance
The loss of property has always been regarded by people as a severe loss. Therefore, to soften bitterness from the loss of valuable things, theft, the destruction of the house (say, due to tragic circumstances) or the death of the crop, many faces prefer to insure the subject of which they are most worried about.
There are separate types of insurance in the Russian Federation for property. This is a corresponding act regarding car, real estate, water, air or rail transport, valuable cargo.
Separately, agricultural insurance should be allocated. It is also considered to be a property type. Customers most often perform agrofirms or farmers who insure the harvest or livestock. Often this type of service is provided with state support. Therefore, sometimes they belong to the list, which includes the types of state insurance in the Russian Federation.
Compulsory insurance
This species provides for the obligatory conclusion of the contract if the client has a certain condition (performing specific works or services, the availability of vehicle property, etc.)
Main types of mandatory insurance in the Russian Federation: personal, responsibility, other types. All specified types also have their own division into groups. For example, other types are mainly different types of social insurance in the Russian Federation. We will talk more about all of them below.
Personal compulsory insurance
This type of contracts obliges to enter into various travel firms, passenger sector, therapeutic institutions, hotels, military units, etc. The object of legal relationship is the life and health of guests, passengers, tourists, patients, military personnel, etc. In this case, the insured and beneficiary - Different faces.
As a rule, funds for payment of such events are incorporated at the operational costs of a particular company or organization.
Mandatory liability insurance
In addition to voluntary insurance of civil liability, there is a mandatory form. The contract concludes owners vehicle, air carriers and companies or persons operating dangerous facilities, the risk of risk to which those surrounding from the accident is witnessed by a special document.
The most popular type of mandatory insurance, no doubt, is the OSAGO. All owners of vehicles are mandatory to conclude the relevant contract. By the fact that the owners of cars in our country are many, and the demand is due to this service. The owner of a vehicle who did not acquire the OSAGO may be penalty by the controlling authorities.
In Russia this type Insurance was launched in 2003, and in 2014 it was subjected to significant reform. The essence of this service implies in case of causing due to the accident material damage to the owner of another vehicle, paying the latter monetary compensation Due to the SC. Thus, a rather strong material burden of responsibility will be withdrawn from the indirect damage of a person, according to which his financial situation may not allow to pay, and the affected party can be confident in obtaining monetary compensation for the damages caused. But the main condition of payment of the sum insured is the registration of the Accidents of the traffic police.
Another type of insurance is the OPO. It is drawn up on the owner of dangerous production facilities. The insured event occurs when an accident occurs, in connection with which material damage was caused or harm to the health of others.
Other forms of mandatory insurance
All other types of mandatory insurance belong to the category "Other". Most often here comes social Security employees in case of an unforeseen case (disease, dismissal, etc.)
There are the following types of compulsory social insurance in the Russian Federation:
- pension;
- from an accident at work;
- by temporary disability;
- with loss of work.
Payment of contributions is assigned partly to the employee, and partly on the employer. But in any case, the employer is engaged in charging and administering payments. If the insured person is an individual entrepreneur, the entire payment of payments falls on his shoulders.
Insurance value
Of course, all types of insurance perform a rather important function of risk distribution. This allows even in the case of a certain loss to at least partially compensate the loss.
Mandatory insurance forms are important. They significantly help reduce the level of social tension in society upon the occurrence of various force majeure circumstances, and also guarantee permanent income even in case of loss of work by age or other reasons.
State insurance - a set of activities aimed at creating a special insurance FundFormed by the insurance premiums of its participants, from the funds of which a specialized state organization produces compensation (compensation) of material damage (loss), as well as financing for eliminating the effects of natural disasters, fires, accidents or other circumstances. State insurance compensates material damage, which was caused by state, non-commercial, public organizations, as well as property and health of citizens.
In accordance with Articles 969 of the Civil Code Russian Federation state insurance Defined as compulsory insurance, where ministries and other federal authorities speak as insureders.
Mandatory state insurance
To ensure the interests of the state and social interests of citizens, legislative acts of the Russian Federation establishes compulsory public insurance of property, health and life of civil servants of some categories. Compulsory public insurance is carried out at the expense of funds, which are allocated for these purposes from the relevant budgets of the Insured: federal executive bodies and ministries (Article 927 of the Civil Code of the Russian Federation).
In the legislation of the Russian Federation, which regulates compulsory state insurance, persons who are compulsory by the insureders, as well as specific insurers authorized to carry out this type of insurance.
Subjects of mandatory state insurance
Subjects of compulsory public insurance include government agencies and individual categories of individuals. In accordance with Article 969 of the Civil Code of the Russian Federation, state organizations (institutions) are insurers of health and life for a certain category of persons providing insurance guarantees due to the action of special laws, they include:
- servicemen;
- citizens designed for military fees;
- individuals of the ordinary and superior composition of the internal affairs bodies of the Russian Federation;
- employees of institutions and bodies of the penitentiary system;
- employees of federal tax police bodies;
- employees, servicemen and employees of the State Fire Service.
The legislative framework
There are a number of legislation imposing mandatory state insurance for some categories Persons. For example, such basic laws of the Russian Federation include:
- Federal Law No. 5-FZ Article 22 "On Foreign Intelligence", according to which the entire personnel composition of external intelligence bodies in the amount of one hundred eighties of official salaries (salary of monetary content) is subject to insurance; The insurer is the body of foreign exploration of the Russian Federation under the patronage of the President of the Russian Federation;
- Federal Law No. 3132-I Article 20 "On the Status of Judges in the Russian Federation", according to which the property, health and life of the judge is subject to compulsory state insurance total wages over the past fifteen years;
- Federal Law No. 45-FZ "On State Protection of Judges, officials Law enforcement and regulatory bodies "states that other categories of persons are subject to mandatory insurance, such as investigators, prosecutors, persons conducting inquiries and others;
- Federal Law No. 52-FZ "On compulsory state insurance of life and health of military personnel;
- Federal Law N 3-FZ "On the status of a member of the Federation Council and the Status of the State Duma of the Federal Assembly of the Russian Federation";
- Federal Law N 403-FZ "On the Investigative Committee of the Russian Federation";
- other legislative acts.
Representatives of mandatory state insurance
It should be noted that the state insurance also assumes mandatory insurance for all citizens of the Russian Federation, which covers the insurance protection of priority objects. Mandatory insurance compensates material damage (or other monetary assistance) as a specific affected person and public interest in general. There are several types of compulsory insurance, each of which helps to organize a certain sphere. social Life citizens of the Russian Federation. Examples of mandatory insurance serve:
- mandatory social insurance;
- mandatory pension insurance;
- mandatory medical insurance;
- insurance of autocarnate responsibility;
- passenger insurance.
State Social Insurance
In Russia, compulsory social insurance is carried out, which meets the norms of international law and the generally recognized principles. Mandatory social insurance is part state system on social protection of the population. The specifics of social protection of citizens of the Russian Federation lies in the insurance of non-working and working individuals from possible change Their social or material situation, both due to objective and subjective reasons.
In accordance with the Federal Law "On Fundamentals of Mandatory Social Insurance" on compulsory social insurance, the types of insurance coverage are determined, these include:
- pensions (in old age, disability, on the occasion of the loss of the breadwinner);
- manuals (by temporary disability; due to labor injury and occupational disease; for pregnancy and childbirth; care for the child up to one and a half years; for unemployment; for women who are registered in early deadlines pregnancy; at the birth of a child; on sanatorium-resort treatment; for burial);
- payment expenditure medical institutionsproviding insured persons with the necessary medical assistance;
- payment of sanatorium-resort treatment and rehabilitation of workers.
Types of social insurance
The legislation of the Russian Federation on compulsory social insurance lies four main types of state social insurance, which perform their functions depending on the occurrence of the insured event. The general obligatory state social insurance includes the following types:
- state Pension Insurance (Pension Fund of Russia);
- social insurance in case of temporary disability and due to maternity (Social insurance fund);
- social insurance against industrial accidents and occupational diseases (Social insurance fund);
- state medical insurance (mandatory fund medical insurance RF).
Pension insurance
The main type of state compulsory social insurance is pension insurance. Mandatory pension insurance is being developed by the state for the purpose of monetary compensation to the working population to exit labor pension. The future pension of each citizen of the Russian Federation accumulates as a result of pension deductions. At the expense of insurance deductions from the place of work, accruals are created that serve accumulative foundation During all labor activity worker. At the same time size pension accumulationRegardless of deductions, you can independently increase. This becomes possible due to voluntary investment of its own accumulative part in the Federal Fund for Pension Insurance.
Each insured person is issued in hand insurance certificate State pension insurance, which confirms the registration of the registered pension insurance of the Russian Federation insured in the system of state pension insurance.
Among the main types of insurance coverage on the mandatory pension insurance Federal law provides for pensions: in old age, disability, loss of the breadwinner.
Social insurance
Two types of insurance include compulsory social insurance:
- social insurance in case of temporary disability and due to motherhood;
- social insurance against industrial accidents and occupational diseases.
The Social Insurance Fund of the Russian Federation refers to a social extrabudgetary fund and in its volume, after the Pension Fund of the Russian Federation, is the second largest. The purpose of the Social Insurance Fund of the Russian Federation is the financing of various social payments benefits for insured persons, namely: maternity benefits, temporary disability, spa treatment and other.
Sources in the formation of funds of the Social Insurance Fund of the Russian Federation are voluntary contributions to physical and legal entitiesAssignments federal budget, insurance contributions from employers (all organizational and legal forms).
Health insurance
Mandatory Medical Insurance is an important part of state social insurance, which guarantees every citizen of the Russian Federation providing free volume medical care With violation of health. The costs of paying medical care are assigned to the insurance medical organization After paying the insured person to the first contribution to the fund of compulsory medical insurance of the Russian Federation.
Formation of state insurance budgets
The budgets of compulsory public insurance are formed by the receipt of funds, namely:
- insurance contributions from employers' policyholders;
- dotations of the federal budget (funds of other budgets);
- penalties, penalties;
- regressive cash;
- revenues from investing temporarily free cash;
- other arrivals that do not contradict the legislative acts of the Russian Federation.
Budgets of state insurance funds (specific of his species) are approved for each subsequent fiscal year federal laws.
Obligatory is called such insurance, when the state establishes the obligation to make an appropriate circle of insured payments. Mandatory form Insurance applies to priority objects of insurance protection, that is, when the need to compensate for material damage or the provision of other monetary assistance hurts the interests of not only a specific affected person, but also public interests.
The Civil Code of the Russian Federation (Article 927) provides for compulsory public insurance, which is carried out by insurance organizations at the expense of the state budget, and compulsory insurance, which should be carried out at the expense of other sources.
Views of mandatory insurance
1. Mandatory Medical Insurance
OMS is a system state guarantees In the area of \u200b\u200bproviding medical care to citizens provided by the insurance premiums of legal entities, citizens and payments from budgets in the manner and sizes established by the legislation of the Russian Federation.
When applying for medical help within the framework of the Mandatory Medical Insurance Program, a citizen has the status of the beneficiary under an obligatory medical insurance contract concluded between the insurance organization (insurer) and the employer of the citizen (by the insured).
2. Mandatory Social Insurance
Compulsory social insurance is carried out in order to protect working citizens from the possible change in material or social status, including circumstances independent of them. In addition, this type of insurance may apply to other categories of citizens due to the recognition of their unemployed, labor injury or professional disease, disability, diseases, injuries, pregnancy and childbirth, loss of the breadwinner, as well as the occurrence of old age, the need to obtain medical care, sanatorium-resort treatment and the onset of other social insurance risks. Currently compulsory social insurance implements Special State Emerbudgetary Fund of Social Insurance.
3. Mandatory state insurance of military personnel and civil servants
The objects of this type of insurance are the health of military personnel and equivalent to them in the obligatory state insurance of persons (citizens designed to military fees, individuals of the ordinary and the superior composition of the internal affairs bodies of the Russian Federation, employees of institutions and bodies of the penitentiary system and employees of federal tax police bodies and others government agencies). Insurers who are chosen on a competitive basis by each of the federal ministries and authorities may be insurance organizations that have licenses for the implementation of compulsory public insurance and submitted agreements with the insured agreements of compulsory state insurance. eleven Civil Code RF. Ii h. FZ dated January 23, 1996 as amended FZ of July 18, 2005 GL. 48, Art. 935 // Meeting of the legislation of the Russian Federation. - 1996. - № 5. - Art. 108-109.
4. Mandatory Passenger Insurance
Compulsory personal insurance of passengers from accidents applies to passengers of air, rail, sea, indoor water and road transport, as well as tourists and excursors who make international excursions through tourist excursion organizations, while traveling or flight. It is carried out by concluding contracts between the relevant transport and transport and freight forwarding enterprises and insurers.
5. Mandatory liability insurance for causing harm during the operation of a hazardous production facility
The organization operating a dangerous production facility is obliged to insure responsibility for causing harm to life, health or property of other persons and the environment in the event of an accident on a dangerous production facility.
6. Mandatory civil liability insurance of vehicle owners
The purpose of mandatory insurance of civil liability of vehicle owners is to provide guarantees of compensation for harm caused by the road accident and the health of citizens, as well as their property. All motor vehicles, starting from July 01, 2003, will have to insure their responsibility to third parties. 11 Donin V.M. Mandatory medical insurance in the Russian Federation from various points of view // V.M. Donin, O.S. Markova. Health manager. -2007. - № 7. p.13-15.
Types of Not Mandatory Insurance
The following types are not formally mandatory, but the conclusion of the relevant treaties is prerequisite professional activity Insured:
- Insurance of liability during construction and installation work
Availability of a certificate insurance company about liability insurance is mandatory condition when issuing a license for construction and installation work;
- Insurance of liability in the stock market
Availability of liability insurance contract concluded by depository depository depository activities in the market valuable papersIn favor of third parties, is a prerequisite for licensing depositories. Registrars can also conclude a responsibility insurance contract, but they have a purely economic incentives.
In addition to these species, in the territory of the Russian Federation, realtors and notaries to obtain a license to carry out professional activities, it is necessary to have a certificate of an insurance company about the insurance of responsibility.
Insurance types are directions in which insurance companies are operating at the insurance market.
All types of insurance are divided by insurance facilities.
In accordance with the Law of the Russian Federation "On the organization of insurance in the Russian Federation" allocate the main types of insurance:
property
insurance of entrepreneurial risks
liability Insurance
This is the official division insurance market Used in Russia by statistical authorities in reporting.
Due to the fact that insurance relations Do not stand still and are constantly evolving? There are new types of insurance. We will look at them below.
Personal insurance
In personal insurance, the insurance facility is life, health, working capacity and pension provision of the insured or insured person.
In accordance with the terms of licensing insurance activities in the Russian Federation, personal insurance include:
Life insurance is a guarantee of paying to the insured person? Upon the occurrence of the insured event or the achievement of a certain age, a certain amount of monetary amount insurance contract.
In addition, the life insurance policy is a good investment instrument, allowing to increase their accumulations.
Cumulative life insurance received its name because by the time the program ended, you draw a solid amount, moreover, this is a tool for investing funds.
In other words, the insurer invests your cash in stock market And the contract defined by the contract lists to your account.
Insurance against accidents - the insurance object is the interests of the insured person in the event of a loss of health or death as a result of an accident.
In this form of insurance, insurance events are:
injuries and other injuries;
burns, poisoning, supercooling and frostbite;
disability and death of the insured.
Medical insurance guarantees medical care both at the expense of voluntary accumulation of DMS and at the expense of the state - OMS
Medical insurance in the Russian Federation is represented by two species:
Mandatory medical insurance;
Voluntary medical insurance.
Mandatory medical insurance (OMS) is a kind of social insurance, which is mandatory, designed to provide citizens upon the occurrence of an insured event, a minimum of free medical care provided at the expense of budget funds and extrabudgetary fundsAccording to the approved Mandatory Medical Insurance Program and within the limits established by federal legislation.
The purpose of voluntary health insurance (DMS) is to ensure citizens with additional medical services that are not included in the list of mandatory medical services guaranteed by the state under the policy of compulsory medical insurance.
Children insurance . His essence is to compensate for the cost of restoring the health of the child after the suffering disease, an accident or disability occurrence.
Insurers can be parents, close relatives, guardians or trustees. Strict restrictions on the term of insurance and the age of the insured is not.
Pension insurance - according to this type of payment is made only when retirement age is reached.
Pension insurance is divided into compulsory and voluntary.
Mandatory pension insurance is carried out by the state, payments are made at the expense of the federal budget.
Compulsory pension insurance of citizens is carried out in retirement cases:
in old age;
when working out work experience;
for disability.
Voluntary Pension Insurance is carried out by non-state pension funds (NPF) or insurance companies.
Insurance is made at the expense of citizens or payroll (6%), which produces an employer. It usually goes as an addition to compulsory pension insurance.
Passenger insurance is mandatory and carried out on automotive, air and water species transport. Its goal is to cover the cost of treatment or cash payments in case of loss of working capacity or death of the insured.
The amount of insurance payments varies depending on the type of transport. The insured fee is already included in the ticket price. For example, insurance of passengers by metro, trains, when carrying out a flight on airplanes, etc.
Insurance of employees It is made by the employer and aims to insure life and (or) the health of the employee. It is mainly obligatory (insurance of employees of the Ministry of Internal Affairs, MOE, medical institutions).
Property insurance
IN property insurance The insurance object is the property that we own, we use and manage. Movable and real estate, personal belongings.
The insurance market in this segment is developing in two directions: the insurance of the property of citizens and the insurance of property of legal entities.
Property insurance includes:
Insurance real Estate Allows you to insure buildings, structures, premises, including homes and apartments and all engineering equipment inside the object (heating, water supply, sewage, etc.).
The Insurance Contract can be concluded without check out the agent to the object, in this case the cost of the policy will be lower, but also the amount of insurance payments will also be limited.
When leaving the agent, a more detailed examination of the object is carried out. In this case, there are practically no restrictions on the timing and amount of the insurance contract.
Vehicle insurance (terrestrial, air, water) is carried out in case of the complete death of the insured object (both actual and constructive - when the cost of repair exceeds the cost of the object itself) or damage to the hull, mechanisms, equipment that occurred during the operation and storage of the vehicle as a result:
natural disasters, explosion, fire, overturning, landing, collisions with other vessels and objects;
breakdowns of mechanisms and equipment;
the hijacking of the vessel or theft of its parts.
Cargo insurance - The risks of damage or loss of cargo during transportation, loading / unloading, storage are insured.
You can insure both all the goods completely and its part. Accordingly, the insurance payment will be made or completely for the goods or in terms of lost cargo.
Liability Insurance
In liability insurance, the object of insurance is the property interests associated with the reimbursement of the insured person of the harm caused by him or property individual, as well as harm caused to a legal entity.
Liability insurance includes:
Insurance of civil liability of vehicle owners (OSAGO) is a tool guaranteeing insurance payment Participants in the road accident. In this form of insurance, the state establishes tariffs and insurance rules.
Carrier civil liability insurance - all organizations (regardless of the forms of ownership) and individual entrepreneurs We must insure their responsibility to passengers.
The obligatory insurance policy guarantees the passengers to compensate for the damage to their lives, health or property during transportation in the following types of transport:
railway transport (suburban report, long-distance followed, international transportation);
air transport (aircraft internal and international lines and helicopters);
sea \u200b\u200btransport;
internal water transport;
bus transportation (intracity, suburban, long-distance and international transportation);
urban electric transport (trolleybuses and trams);
easy metro and monorail transport.
Insurance of civil liability of enterprises - Sources of increased danger - Protection of property interests of organizations operating hazardous production facilities related to the risk of causing these organizations harm to life, health or property of third parties and the environment as a result of an accident during the operation of a hazardous production facility
Insurance of professional responsibility allows you to protect your property interests related to the performance of professional duties and means that insurance Company Reimburses the damage, unintentionally affected by the employees of the insured to third parties.
When insuring professional responsibility, the insurance company not only reimburses the damage caused compensates legal costs And other costs of resolving claims, but also in cases provided for by the insurance contract, settles the claims of third parties.
Insurance of liability for failure to fulfill obligations - the obligation of the insurance company in the manner prescribed by civil law, compensate the losses, pay a penalty to the creditor in connection with the non-fulfillment (inappropriate execution) of the obligations of the insured person.
Insurance of liability for the quality of products allows manufacturers to protect themselves from the unplanned cash outflow in the event of claims to be claims for inappropriate product quality.
Insurance of general civil liability to third parties for causing harm. The insurance object is the possible expenses of the insured (insured person), which arose as a result of his obligation to compensate the damage caused to life, health or the property of third parties.
Insurance of entrepreneurial risks (business)
When insuring the election risks, the object of insurance is the property interests related to the compensation to an entrepreneur of damages, as well as not received income from doing business, subject to violation by its counterparties assumed obligations or other changes in the circumstances independent of the entrepreneur.
Insurance types of entrepreneurial risks are:
insurance against interruption in production due to loss or damage to property as a result of fires, explosions, accidents and other events;
insurance of investments from political and commercial risks;
deposit insurance;
insurance of financial guarantees;
non-payment risk insurance;
insurance of export loans.
Agricultural insurance includes insurance:
farm crops;
perennial plantings;
insurance of the livestock of animals;
building insurance;
structures, machines, inventory and equipment of agricultural enterprises and farms;
From the impact of elements and natural factors, such as flooding, fire, the invasion of locusts and so on.
International Insurance carried out in cases:
If you strive to access medical Services world-class
advanced medical technologies, methods of treatment, diagnosis and rehabilitation, as well as to the services of highly qualified doctors around the world.
If you foreign citizen And work in Russia.
If you often visit abroad.
Collective insurance, speaking simple language Several people are insured as a whole. For example, a collective loan, i.e. Several people perform loan borrowers and insure their lives and health or buy insurance from losing work.
Investment insurance allows you to invest cash in the stock market without the risk of investment loss.
Marine insurance It is aimed at compensation for damage to the courts of the marine and river fleet and (or) transported goods.
Developer's liability insurance is the obligation of the developer to insure risks when attracting funds to citizens on participation With improper execution of obligations for transmission residential premises under the Treaty of Participation in Share Construction
Title insurance provides insurance protection in case of loss of ownership rights or other real estate rights, if your transaction is recognized in court illegal due to events that have not been known for you at the time of the conclusion of the contract of sale.
The main difference in titular insurance against other species is that it protects the owner from the events that have already occurred, which were not known at the time of the conclusion of real estate transaction.
Insurance of political risks - to political risks include risks relating to the events of force majeure, independent of the will of the parties of the transaction, but applying property damage to the interests of one of them.
In the usual insurance contract, this list of risks refers to the so-called "force majeure reservation", meaning that causing damage to the property interests of the Insured upon the occurrence of listed force majeure events does not entail the obligation of the insurer to compensate for damage.
Classification of types of insurance
Insurance types are classified for compulsory and voluntary insurance.
Voluntary insurance - This is when the insured voluntarily, to protect his property, life or health, as well as other interests concludes an insurance contract.
Compulsory insurance - This is when the obligation to conclude an insurance contract arises due to the law and ignoring this duty can lead to financial sanctions. (OSAGO, OMS, tourist insurance, passenger insurance).
Concept. Terms and procedures for the implementation of compulsory insurance. Objects of mandatory insurance. Specific types of mandatory insurance. Legal definition of a compulsory insurance contract.
Features legal regulation Mandatory Medical and Pension Insurance. The consequences of violation of the rules on mandatory insurance. Mandatory state insurance.
1. Three articles of the Civil Code of the Civil Code (Article 935-937) are devoted to issues of regulatory insurance. Since the legal definition of the concept of "mandatory insurance" is absent in them, the provisions of Article are determining the situation for its formulation. 935 of the Civil Code of the Russian Federation ("Compulsory Insurance"), providing for the obligation for those defined by law to insure:
a) life, health or property of other persons defined in the law in case of causing harm to their lives, health or property;
b) the risk of its civil liability, which may occur due to harming the life, health or property of other persons or violation of contracts with other persons.
The main distinguishing feature of this type of insurance: insurance is recognized as mandatory only when such a responsibility is established by federal law.
Under the obligation to insure, it is necessary to understand the obligation of the person specified in the law, to enter into an insurance contract as an insurer.
2. Implementation of mandatory insurance is to conclude an insurance contract. The person who is entrusted to insure must make a statement by the insurer, and the insurer must issue an insurance policy (evidence, certificate, receipt). The adoption of the insurer of these documents confirms the consent of the insured to conclude an agreement on the conditions proposed by the Insurer.
The terms of the contract contained in the offer, the application and the policy must comply with the conditions defined in the legal act that has established compulsory insurance.
To such conditions, in particular, belong:
a) subjects of insurance;
b) objects subject to insurance;
c) a list of insurance claims;
d) minimum size the sum insured or the procedure for its definition;
e) size, structure or procedure for determining the insurance factor;
(e) Term and procedure for payment of insurance premium (insurance premiums);
g) the term of the insurance contract;
h) the procedure for determining the amount of insurance payments;
i) control over insurance;
k) The consequences of non-fulfillment or improper fulfillment of obligations of subjects of insurance.
The insurer who has a license to carry out voluntary insurance of the same species, but not licensed to the appropriate compulsory insurance, is not entitled to enter into a compulsory insurance contract.
Compulsory insurance is carried out at the expense of insured, except for cases of compulsory passenger insurance at railway, air, water and road transport, which is carried out by the passengers and compulsory state insurance, which is carried out at the expense of budget funds (Article 969 of the Civil Code of the Russian Federation).
3. Objects of mandatory insurance. The obligation to insure is established only in relation to the interests listed in P.
1 and 3 tbsp. 935 Civil Code, i.e. Objects of mandatory insurance are:
1) life, health or property defined in the law;
2) the risk of civil liability of persons defined in the law, which may occur due to harm to life, health or property of other persons or violation of contracts with other persons;
3) property, which is state or municipal property and in economic management or operational management of legal entities, in cases provided for by law or in the manner prescribed.
4. Specific types of mandatory insurance in accordance with paragraph 4 of Art. The 3 of the Law on the Organization of Insurance Cases are established by federal laws on specific types of compulsory insurance.
Now in Russia legislative and other regulatory acts More than 40 types of compulsory insurance are provided, however, none of these regulatory acts in part related to compulsory insurance does not comply with the requirements of Art. 3 of the law "On the organization of insurance in the Russian Federation". The procedure and conditions of the majority from the types of mandatory insurance are not defined.
N.N. Kosyenko
Among the few dozen special regulations establishing specific types of mandatory insurance, the Law of the Russian Federation of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" deserves specially mention. This law contains the following legal definition of this contract.
The contract of compulsory insurance of civil liability is an insurance contract for which the insurer undertakes for a contractual fee ( insurance premium) When an event provided for in the contract (insurance case) is commemorated by the victims of their life, health or property (to carry out insurance pay) within a certain agreement of the amount (insurance sum).
The compulsory insurance contract is public.
5. Relationship for compulsory medical and pension insurance rules of ch. 48 of the Civil Code of the Russian Federation on compulsory insurance in accordance with Art. The 970 Civil Code of the Russian Federation is applied to the inspection, since no other laws are established by these types of insurance.
6. The consequences of violation of the rules on mandatory insurance are provided by Art. 937 of the Civil Code. In particular, the person in favor of which mandatory insurance should be carried out by law, if he knows that insurance is not implemented, it is entitled to demand judicial order His exercise by the person on which the obligation of insurance is entrusted.
7. Mandatory state insurance is the only one separately allocated in the Civil Code of the Civil Code.
In order to ensure the social interests of the citizens and the interests of the state, the law may establish mandatory state insurance of life, health and property of civil servants of certain categories. Compulsory public insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal executive bodies (policyholders) (paragraph 1 of Art. 969 of the Civil Code of the Russian Federation).
Mandatory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by state insurance or other statements specified in these acts. state organizations (insurers) or on the basis of insurance contracts concluded in accordance with these acts by insurers and insurers (paragraph 2 of Art. 969 of the Civil Code of the Russian Federation).
To date, mandatory state life and health insurance has been established:
Members of the Council of Federation, deputies of the State Duma;
Judges, arbitration assessors, jury meetings, judicial performers, prosecutors and investigators;
Employees of foreign exploration authorities, military personnel, citizens designed for military fees, persons of the ordinary and superior composition of the internal affairs bodies of the Russian Federation, the State Fire Service, the controls of drug control and psychotropic substances;
Employees of the institutions and bodies of the penitentiary system and employees of the federal bodies of the tax police, persons of the superior composition of the Federal Feldgerer and some other categories of civil servants.
Legal act
Federal Law of 8.05.1994 N 3-FZ "On the status of a member of the Federation Council and the Status of the State Duma Deputy of the Federal Assembly of the Russian Federation"
Federal Law of 20.04.1995 N 45-FZ "On the State Protection of Judges, Officials of Law Enforcement and Control Body"
Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation"
Federal Law of 10.01.1996 N 5-FZ "On External Intelligence"
Federal Law of December 17, 1994 N 67-FZ "On Federal Feldgerer Communications"
Federal Law of 28.03.1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens designed for military fees, persons of the ordinary and superior composition of the internal affairs bodies of the Russian Federation, a state fire service, drug control agencies and Psychotropic substances, employees of institutions and bodies of the penitentiary system and employees of the federal bodies of the tax police "
