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Table of contents

1. General provisions on insurance (The concept of insurance. The history of the formation and development of insurance. Insurance legal relations, participants in insurance legal relations. Associations of insurers: insurance unions, associations, pools, etc. Sources of legal regulation of insurance activities. Compulsory and voluntary insurance. State insurance supervision: the concept, functions Powers of the Federal Service of the Russian Federation for the Supervision of Insurance Activities Classification of types of insurance Licensing of insurance activities Decisions of the Federal Insurance Supervision Service on valid licenses of insurers Ensuring the financial stability of insurers Accounting and reporting of insurers Reinsurance Coinsurance State and development trends of the insurance market Russia: Monopolistic activity and unfair competition in the insurance market)
2. Basic concepts of insurance (Insurance terms and concepts. Insurer. Policyholder, insured person, beneficiary. Objects of insurance: property interests. Insured risk, insured event. Sum insured, insurance value. Insurance premium (insurance premium), insurance rate. Franchise. Subrogation. Insurance reserves Insurance portfolio of an insurer)
3. General provisions on the insurance contract (The concept of an insurance contract, the concept of an insurance policy. Essential terms of an insurance contract, insurance rules. Term of an insurance contract, commencement and termination. Insurance legal relations. Consequences of an increase in insurance risk during the validity period of an insurance contract. Features of a personal insurance contract. Features property insurance contract Features of a liability insurance contract Features of a business risk insurance contract)
4. Insurance payment (Implementation of insurance payments. Insurance payment under property insurance contracts. Insurance payment under personal insurance contracts. Lawfulness of the insurer's exemption from insurance payments)
5. Characteristics of the types of personal insurance
6. Property insurance (Characteristics of types of property insurance. Land transport insurance. Air transport insurance. Water transport insurance. Cargo insurance. Insurance of other types of property. Insurance of financial risks)
7. Liability insurance (The concept of liability insurance. Civil liability insurance of motor vehicle owners. Civil liability insurance of the carrier. Civil liability insurance of enterprises - sources of increased danger. Professional liability insurance. Liability insurance for default. Insurance of other types of civil liability)
8. Compulsory insurance
9. Compulsory state insurance (The concept and principles of compulsory state insurance. Subjects of compulsory state insurance: rights and obligations)
10. Compulsory social insurance (The concept and principles of the implementation of compulsory social insurance. Insurance coverage in the field of compulsory social insurance)
11. Medical insurance (Health insurance system in Russia. Compulsory medical insurance. Program of compulsory medical insurance. Compulsory medical insurance funds. Subjects of compulsory medical insurance, their legal status. Compulsory medical insurance contract. Voluntary medical insurance. Subjects of voluntary medical insurance, their legal status. Medical insurance for persons traveling abroad)
12. Environmental insurance (The concept of environmental insurance. Voluntary environmental insurance. Compulsory environmental insurance)
13. Pension insurance (Compulsory pension insurance. Participants in legal relations for compulsory pension insurance. Compulsory insurance coverage for compulsory pension insurance. Non-state pension insurance. Subjects and participants in relations for non-state pension provision. Pension reserves and pension savings of NPFs. Pension agreement in NPFs)

LECTURE #1

General provisions on insurance

Insurance - relations to protect the interests of individuals and legal entities, the Russian Federation (RF), constituent entities of the Russian Federation and municipalities in the event of certain insured events at the expense of funds formed by insurers from paid insurance premiums (insurance premiums), as well as at the expense of other funds of insurers . Insurance activity (insurance business) - the field of activity of insurers for insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries for the provision of services related to insurance, reinsurance. The Law of the Russian Federation of November 27, 1992 No. 4015-I "On the Organization of the Insurance Business in the Russian Federation" defines the purpose and objectives of the organization of the insurance business, forms of insurance (Article 3). The purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, the constituent entities of the Russian Federation and municipalities in the event of insured events.

The objectives of the organization of insurance are:

1) implementation of a unified state policy in the field of insurance;

2) the establishment of insurance principles and the formation of insurance mechanisms that ensure the economic security of citizens and business entities on the territory of the Russian Federation.

Insurance in accordance with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" is carried out in the form of voluntary insurance and compulsory insurance. Voluntary and compulsory insurance contracts are provided for in Art. 927 of the Civil Code of the Russian Federation.

Voluntary insurance is carried out on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation. The insurance rules are adopted, approved by the insurer or an association of insurers independently in accordance with the Civil Code of the Russian Federation (CC RF) and the above Law and contain provisions on the subjects of insurance, objects of insurance, insured events, insurance risks, the procedure for determining the sum insured, insurance rate, insurance premiums (insurance premiums), the procedure for concluding, executing and terminating insurance contracts, the rights and obligations of the parties, determining the amount of loss or damage, the procedure for determining insurance payment, cases of refusal of insurance payment and other provisions.

The implementation of compulsory insurance, its conditions and procedures are determined by federal laws on specific types of compulsory insurance. The federal law on a specific type of compulsory insurance must contain provisions defining:

1) subjects of insurance;

2) objects subject to insurance;

3) a list of insured events;

4) the minimum amount of the sum insured or the procedure for its determination;

5) the amount, structure or procedure for determining the insurance rate;

6) the term and procedure for paying the insurance premium (insurance contributions);

7) validity period of the insurance contract;

8) the procedure for determining the amount of insurance payment;

9) control over the implementation of insurance;

10) the consequences of non-fulfillment or improper fulfillment of obligations by insurance subjects;

11) other provisions.

In addition to federal laws providing for specific types of compulsory insurance, the procedure for the implementation of compulsory insurance is also regulated by Art. 936 of the Civil Code of the Russian Federation. Compulsory insurance in most cases is carried out at the expense of the insured, except for compulsory insurance of passengers, which, in cases provided for by law, may be carried out at their expense.

The history of insurance has deep roots. For a long time, people united for joint actions to prevent danger: they enlarged settlements, built fortresses, took actions to eliminate unforeseen circumstances with the help of economic measures, namely through insurance. In the history of mankind there was a place for both in-kind insurance and insurance in cash (as commodity-money relations developed).

Insurance has been known since the days of the slave system. Slave owners protected their property and slaves from destruction as a result of natural disasters, from loss due to robberies and other negative events. History contains documentary sources from which the facts concerning insurance are known. So, for example, in 1310 in the city of Bruges (Germany) the "Insurance Chamber" was established, the purpose of which was to protect the property interests of the merchants and craft guilds. In 1666, after the fire of London, which destroyed almost the entire city center, the "Fire Policy" was established to insure houses and other structures. In 1667, the Norwegian Brand Cash Office was established in Christiania (Oslo). In Russia, insurance also has a long history. In 1781, Catherine II issued the "Charter of Merchant Navigation", which included a decree on marine insurance, at the same time fire insurance began (Russia is considered the birthplace of insurance against fire risks). In 1786, a state-owned loan bank was established, and the new bank was allowed to take as collateral only those houses and real estate that would be insured with it.

However, it is generally accepted that the beginning of the insurance business was laid in the XNUMXth century. at Edward Lloyd's London coffee shop. It was the era of the development of shipping and international trade, geographical discoveries. Entrepreneurial merchants in search of new markets suffered considerable losses as a result of the wreck and loss of ships, attacks by pirates. Having met in a coffee shop, they decided not to leave each other in trouble, agreed to create a special fund, from which assistance was provided to a merchant in trouble. The fund was formed from deductions made in advance from the value of the property participating in the expeditions. Thus, an association of interested persons arose to compensate for material (property) damage through its joint and several distribution among the participants in the association.

With the development of the economy, with an increase in the number of property interests, the number of insurance companies grew, their working capital and investments in other sectors of the economy increased. By the beginning of the 60s. In the 100th century, as historians describe, there were already about XNUMX types of property and personal insurance in the West.

Insurance legal relations - these are relations regulated by the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", resolutions of the Government of the Russian Federation adopted in accordance with this Law, the Civil Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation. All of these regulatory legal acts are an integral part of the insurance legislation. The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" regulates relations between persons engaged in activities in the field of insurance business, or with their participation, relations for the implementation of state supervision over the activities of insurance business entities, as well as other relations related to the organization of insurance business. The Civil Code of the Russian Federation regulates the contractual relations of the parties arising from the insurance contract. Federal laws, which can be called special, were issued in order to provide mandatory insurance coverage to certain categories of individuals and legal entities.

Participants of insurance legal relations according to the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 4.1), are:

1) insurance companies (insurers);

2) mutual insurance companies;

3) insurance agents;

4) insurance brokers;

5) insurance actuaries;

6) policyholders, insured persons, beneficiaries;

7) the federal executive body, whose competence includes the exercise of functions of control and supervision in the field of insurance activities (insurance business) (hereinafter referred to as the insurance supervision body);

8) associations of insurance business entities, including self-regulatory organizations.

Participants of insurance legal relations according to the special federal laws in force in the field of insurance, are the subjects of insurance legal relations designated by these laws. Legal relations arising between participants in insurance legal relations are considered in the relevant lectures.

Insurers (insurance organizations) - legal entities established in accordance with the legislation of the Russian Federation for insurance, reinsurance, mutual insurance and licensed in accordance with the procedure established by the Law on Insurance (Article 6 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). On the territory of the Russian Federation, insurance (with the exception of reinsurance) of the interests of legal entities, as well as individuals - residents of the Russian Federation, can only be carried out by insurers who have licenses obtained in accordance with the procedure established by the Law (Article 4. Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Mutual insurance companies. According to Art. 7 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" legal entities and individuals for the insurance protection of their property interests can create mutual insurance companies in the manner and on the terms determined by the Federal Law on Mutual Insurance. The legal status of insurers differs from the legal status of mutual insurance companies. Features of the legal status of mutual insurance companies are that the rights and obligations, as well as the conditions for their activities are determined in accordance with the Civil Code of the Russian Federation and the Law on Mutual Insurance (Article 968 of the Civil Code of the Russian Federation). Mutual insurance societies carry out insurance exclusively for their members, as they are created on a mutual basis by combining the funds necessary for this in mutual insurance societies, and in the event of adverse situations, one of them pays money to a member of the society. Mutual insurance societies are non-profit organizations. The implementation of compulsory insurance through mutual insurance is allowed in cases provided for by the Mutual Insurance Law.

A mutual insurance company may act as an insurer only if its insurance activity is provided for by its constituent documents, the company is formed in the form of a commercial organization, has a permit (license) to carry out insurance of the appropriate type and meets other requirements established by the Law on the Organization of Insurance Business . Only then can a mutual insurance society insure the interests of persons who are not members of the society. At the same time, insurance of the interests of persons who are not members of the mutual insurance society is carried out by the company under insurance contracts in accordance with the rules provided for in Ch. 48 of the Civil Code of the Russian Federation "Insurance".

insurance agents - these are individuals and legal entities that are intermediaries between the insurer and the insured, i.e. representing the insurer in relations with the insured, acting on behalf of the insurer in accordance with the powers granted (Article 8 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") . Individuals (citizens of the Russian Federation) carry out intermediary activities on the basis of a civil law contract with an insurer, Russian legal entities (commercial organizations) - also on the basis of an agreement. The subject of the agency agreement is the following: the insurer instructs, and the insurance agent undertakes, for a fee, to perform intermediary actions on the distribution (sale) of insurance products on behalf of the insurer. The agency agreement provides for the rights and obligations of the parties.

Insurance agents may be:

1) full-time and non-staff employees of the insurer;

2) commercial organizations, such as limited liability companies (LLC);

3) individual entrepreneurs registered in the Unified State Register of Legal Entities and Individual Entrepreneurs, in which the type of activity of the individual entrepreneur is designated as "Auxiliary activities in the field of insurance" (the same requirements for commercial organizations).

On the territory of Russia, the activities of insurance companies are prohibited.

agents for the provision of services related to the conclusion of insurance contracts with foreign insurance companies (except for reinsurance contracts).

The insurance agent must:

1) search for insured clients, consult and negotiate with clients;

2) conclude insurance contracts (without the right to sign);

3) draw up other documents related to the drawing up of an insurance contract (applications, receipts, etc.);

4) to accept and account for funds received as insurance premiums from customers;

5) comply with regulatory enactments;

6) be responsible for your actions, etc.

An insurer that has entrusted intermediary activities to an insurance agent is obliged to:

1) pay the agent a commission for the work performed (for each concluded insurance contract);

2) provide the agent with documents, promotional materials;

3) advise the agent, etc.

insurance brokers - citizens of the Russian Federation registered in accordance with the procedure established by the legislation of the Russian Federation as individual entrepreneurs, or Russian legal entities (commercial organizations) carrying out on their own behalf intermediary activities for the provision of services related to the conclusion of insurance contracts or reinsurance contracts (Article 8 of the Law of the Russian Federation "On organization of insurance business in the Russian Federation). The activities of insurance brokers are subject to licensing (clause 2, article 4.1 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). On the territory of the Russian Federation, the activities of insurance brokers for the provision of services related to the conclusion of insurance contracts (with the exception of reinsurance contracts) with foreign insurance organizations are prohibited.

Insurance brokers act as commission agents (clause 2, article 8 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). They can fulfill any instructions of the insurer on their own behalf, but they cannot conclude insurance contracts on behalf of the insurer, since in this case the broker becomes a debtor in the insurance obligation (clause 2 of article 990 of the Civil Code of the Russian Federation), and he has to take responsibility for the insurance obligation only an insurer who has received the appropriate license is entitled.

Insurance brokers are not entitled to carry out activities not related to insurance, they are also prohibited from acting as an insurance agent, insurer, reinsurer (clause 2, article 8 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

insurance actuaries - citizens of the Russian Federation who have a qualification certificate and carry out, on the basis of an employment contract or a civil law contract with an insurer, the activity of calculating insurance rates, insurance reserves of the insurer, evaluating its investment projects using actuarial calculations (Article 8 of the Law of the Russian Federation "On the organization of insurance business in RF").

Policyholders - these are legal entities and capable individuals who have concluded insurance contracts with insurers or who are insurers by virtue of the law (Article 5 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Beneficiary is the person in whose favor the insurance contract is concluded. Beneficiaries may be individuals or legal entities.

Insurers, in order to coordinate their activities, represent and protect the common interests of their members, have the right to form unions, associations and other associations (Article 14 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). When creating associations, insurers are obliged to report this to the insurance supervisory authority - the Federal Insurance Supervision Service, which registers them in the register of associations of insurance business entities.

Professional associations of insurers (unions, associations and other associations) are non-profit organizations that do not have the right to engage in insurance, as well as entrepreneurial activities. They are created only for the purpose of coordinating the activities of insurers, representing and protecting the common interests of their members.

Insurers have the right to form in order to ensure their financial stability, as well as guarantees for insurance payments insurance and reinsurance pools. These associations can act jointly without forming a legal entity on the basis of a simple partnership agreement - an agreement on joint activities (Article 14.1. Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Insurance and reinsurance pools can be created for a fixed term or without a term limit, while pool participants can simultaneously be members of another pool.

Cooperation of insurers knows no limit. In recent years, Russia has been successfully operating system of mutual settlement of losses, which was created to ensure the financial stability of insurers. It appeared as part of the mutual settlement of insured events as a result of the introduction of the OSAGO Law. Mutual Claims System continues to develop in other types of insurance, for example, in Auto-KASKO.

The Constitution of the Russian Federation, which has the highest legal force throughout Russia, determines the status of the Russian Federation. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The system of social services is developing in the Russian Federation, benefits and other guarantees of social protection are being established (Article 7 of the Constitution of the Russian Federation). Every citizen of the Russian Federation is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children, in other cases established by law (Article 39 of the Constitution of the Russian Federation). Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues (Article 41 of the Constitution of the Russian Federation). The Constitution also encourages voluntary social insurance, the creation of additional forms of social security (Article 39 of the Constitution of the Russian Federation).

The guarantees of social protection provided for by the Constitution of the Russian Federation are provided in Russia through insurance legislation and the implementation of a unified state policy in the field of insurance. The state has established and continues to establish uniform principles of insurance. It forms insurance mechanisms that ensure the economic security of citizens and business entities on the territory of the Russian Federation.

The legal basis for the regulation of insurance relations is laid down in the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". The said Law applies:

1) relations on voluntary insurance;

2) relations on compulsory insurance (in terms of establishing the legal framework for the regulation of insurance relations).

However, this Law does not apply to relations on compulsory insurance of deposits of individuals in banks, since a special law is in force there.

Relations between persons engaged in activities in the field of insurance business, or with their participation, are also regulated by special federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation adopted in accordance with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". In certain cases, which are provided for by this Law, the federal executive authorities, within their competence, may adopt regulatory legal acts.

Relations arising as a result of the conclusion of insurance contracts between insurance organizations and policyholders are regulated by the Civil Code of the Russian Federation, in which Ch. 48 establishes the legal status of the participants (parties) of the insurance contract.

Currently, in the field of insurance, which is guaranteed to provide citizens with social protection and which is compulsory insurance, numerous federal laws have been issued. In this regard, the sphere of compulsory insurance can be divided into separate groups. Some laws provide compulsory insurance for certain categories of citizens and legal entities, other laws regulate compulsory state insurance, third - compulsory social insurance, fourth - compulsory health insurance, fifth - compulsory environmental insurance, sixth - compulsory pension insurance (names of laws are discussed in the relevant lectures). All of them have one goal - to provide mandatory insurance coverage to individuals and legal entities residing or operating in the territory of the Russian Federation. These laws, each of which is adopted in a particular field of activity, impose the obligation to conclude insurance contracts for certain categories of persons. Each of these laws defines the objects that are subject to compulsory insurance, the risks from which they must be insured, the minimum amount of sums insured, etc. The implementation of compulsory insurance is also regulated by Art. 936 of the Civil Code of the Russian Federation. The person who is entrusted with the obligation of such insurance (the insured) is obliged to conclude insurance contracts with the insurer. The laws stipulate that compulsory insurance is carried out at the expense of the insured, with the exception being compulsory insurance of passengers, which can be carried out at their expense.

Today, insurance in Russia is carried out in the form of voluntary insurance and compulsory insurance (Article 3 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"):

1) voluntary insurance carried out on the basis of the free will of the insured and the insurer;

2) compulsory insurance carried out under special laws.

The implementation of compulsory insurance is also regulated by the Civil Code of the Russian Federation (Article 936):

1) compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (the insured) with the insurer;

2) compulsory insurance is carried out at the expense of the insured, with the exception of compulsory insurance of passengers, which, in cases provided for by law, may be carried out at their expense;

3) the objects subject to compulsory insurance, the risks against which they must be insured, and the minimum amount of sums insured are determined by law.

The obligation to insure property may be assigned to

legal entities that have property in economic management or operational management that is state or municipal property (clause 3 of article 935 of the Civil Code of the Russian Federation).

The person who is entrusted with the insurance obligation must comply with the requirements of the law. Liability for non-fulfillment of the insurance obligation is stated in Art. 937 of the Civil Code of the Russian Federation. If the person entrusted with the implementation of compulsory insurance has not fulfilled this obligation or has concluded an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions determined by law, he, upon the occurrence of an insured event, shall be liable to the beneficiary on the same conditions on which he should have be paid insurance indemnity with proper insurance. A person in whose favor compulsory insurance is to be carried out by law has the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by the person who is entrusted with the duty of insurance. Amounts unjustifiably saved by a person who is entrusted with the insurance obligation, due to the fact that he did not fulfill this obligation or fulfilled it improperly, are recovered at the claim of the state insurance supervision authorities in the income of the Russian Federation with the accrual of interest on these amounts in accordance with Art. 395 of the Civil Code of the Russian Federation.

The same types of insurance (personal, property, liability insurance) can be objects of both voluntary and compulsory insurance. Voluntary and compulsory insurance has its own characteristics.

Feature of voluntary insurance is the good will of individuals or legal entities (insurants) who wish to insure their life, property or civil liability and conclude insurance contracts, which include insurance rules. Insurance rules determine the general conditions and procedure for the implementation of insurance, they are accepted and approved by the insurer or the association of insurers independently in accordance with:

1) with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation";

2) from Ch. 48 of the Civil Code of the Russian Federation, which regulates the relationship between the insurer and the insured that arose as a result of the execution of an insurance contract.

The insurance rules contain the following provisions:

1) on subjects of insurance, objects of insurance;

2) about insured events;

3) on insurance risks;

4) on the procedure for determining the sum insured, the insurance rate, the insurance premium (insurance premiums);

5) on the procedure for concluding, executing and terminating insurance contracts;

6) on the rights and obligations of the parties;

7) on determining the amount of loss or damage;

8) on the procedure for determining the insurance payment;

9) about cases of refusal in insurance payment, etc.

Feature of compulsory insurance is imputation

obligations for individuals or legal entities (insurers) on the part of federal laws, which consists in the obligation to conclude an insurance contract. The peculiarity of such insurance is also that only federal laws have the right to impute the obligation of insurance. The conditions and procedure for the implementation of compulsory insurance are determined by federal laws on specific types of compulsory insurance. However, compulsory insurance relations are also covered by the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" in terms of establishing the legal framework for regulating insurance relations.

The federal law on a specific type of compulsory insurance must contain provisions defining:

1) subjects of insurance;

2) objects subject to insurance;

3) a list of insured events;

4) the minimum amount of the sum insured or the procedure for its determination;

5) the amount, structure or procedure for determining the insurance rate;

6) the term and procedure for paying the insurance premium (insurance contributions);

7) validity period of the insurance contract;

8) the procedure for determining the amount of insurance payment;

9) control over the implementation of insurance;

10) the consequences of non-fulfillment or improper fulfillment of obligations by insurance subjects;

11) other provisions.

Currently, in the field of compulsory insurance, there are laws that provide for:

1) compulsory insurance;

2) compulsory state insurance;

3) compulsory medical insurance;

4) compulsory environmental insurance;

5) compulsory pension insurance.

The insurer is authorized to carry out voluntary and compulsory insurance only when he receives the appropriate license. At the same time, for insurers, in accordance with Art. 927 of the Civil Code of the Russian Federation, the conclusion of insurance contracts on the terms proposed by the insured is not mandatory (except for personal insurance). Since the personal insurance contract is a public contract, the insurer does not have the right to refuse to conclude it. Public agreement according to Art. 426 of the Civil Code of the Russian Federation recognizes an agreement concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it. The legal grounds for refusing to conclude a personal insurance contract may be only those cases when the insurer does not have a license for this type of insurance or when the liability limit for one risk (the ratio between its own funds and the sum insured) does not allow it to assume the obligation to pay the required sum insured (clause 1, article 27 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). An insurer that has a license to carry out voluntary insurance, but does not have a license for the same type of compulsory insurance, is obliged to obtain a separate license for this compulsory insurance, otherwise it is not entitled to conclude a contract of compulsory insurance.

The state controls insurance activities in Russia by exercising state insurance supervision. The Ministry of Finance of the Russian Federation (Minfin of the Russian Federation) is a federal executive body, solving numerous state tasks, such as budget planning, drafting the federal budget, conducting state financial control, and many others, and is also a body of state supervision over insurance activities. It pursues a unified financial, budgetary, tax and currency policy in the field of insurance in the Russian Federation, and also coordinates the activities in this area of ​​other federal executive bodies. The Ministry of Finance of the Russian Federation acts on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, as well as on the basis of Decree of the Government of the Russian Federation dated June 30, 2004 No. 329 "On the Ministry of Finance of the Russian Federation". The Ministry of Finance of the Russian Federation is in charge of the Federal Insurance Supervision Service, which exercises control and supervision over compliance by the subjects of the insurance business with the insurance legislation. The Federal Insurance Supervision Service is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President and the Government of the Russian Federation, international treaties of the Russian Federation, acts of the Ministry of Finance of the Russian Federation, as well as the Regulations on the Federal Insurance Supervision Service, approved by the Decree of the Government of the Russian Federation of June 30, 2004 No. 330.

The Federal Insurance Supervision Service is a legal entity, has a seal depicting the State Emblem of the Russian Federation and with its name, other seals, stamps and standard forms, as well as accounts opened in accordance with the legislation of the Russian Federation. Location of the Federal Insurance Supervision Service - Moscow. The Federal Insurance Supervision Service carries out its activities directly and through its territorial bodies in cooperation with other federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, public associations and other organizations.

The Federal Insurance Supervision Service is headed by a head appointed and dismissed by the Government of the Russian Federation on the proposal of the Minister of Finance of the Russian Federation. The head of the Federal Insurance Supervision Service shall be personally responsible for the implementation of the functions assigned to the Federal Insurance Supervision Service. The head of the Federal Insurance Supervision Service has deputies appointed and dismissed by the Minister of Finance of the Russian Federation on the proposal of the head of the Federal Insurance Supervision Service. The number of deputy heads of the Federal Insurance Supervision Service is established by the Government of the Russian Federation.

The powers of the Federal Insurance Supervision Service consist of a rather long list of activities.

The Federal Insurance Supervision Service exercises control and supervision of:

1) for the observance by the subjects of the insurance business of the insurance legislation, including by conducting inspections of their activities on the ground;

2) for other legal entities and individuals to comply with the requirements of the insurance legislation within the competence of the Federal Insurance Supervision Service;

3) for the submission by the subjects of the insurance business, in respect of which a decision has been made to revoke licenses, information on the termination of their activities or liquidation;

4) for the reliability of the reports submitted by the subjects of the insurance business;

5) ensuring by insurers their financial stability and solvency in terms of the formation of insurance reserves, the composition and structure of assets accepted to cover insurance reserves, reinsurance quotas, the standard ratio of the insurer's own funds and assumed obligations;

6) the composition and structure of assets accepted to cover the insurer's own funds;

7) for the issuance of bank guarantees by insurers;

8) for compliance by insurance organizations with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in the part related to the competence of the Federal Insurance Supervision Service.

The powers of the Federal Insurance Supervision Service also include:

1) in making a decision to issue or refuse to issue, annul, restrict, suspend, renew and revoke licenses to insurance business entities, with the exception of insurance actuaries;

2) in the obligation to conduct attestation of insurance actuaries;

3) maintained by the Unified State Register of Insurance Business Entities and the Register of Associations of Insurance Business Entities.

The list of powers of the Federal Insurance Supervision Service does not end there. Federal Insurance Supervision Service authorized:

1) receive, process and analyze reports and other information submitted by insurance business entities;

2) issue, in accordance with the legislation of the Russian Federation, instructions to the subjects of the insurance business in case of violations of the insurance legislation by them;

3) apply in the cases provided for by law to the court with claims for the liquidation of the subject of the insurance business - a legal entity or for the termination by the subject of the insurance business - an individual of the activity as an individual entrepreneur;

4) generalize the practice of insurance supervision, develop and submit, in accordance with the established procedure, proposals for improving the insurance legislation governing the implementation of insurance supervision;

5) calculate the amount (quota) of participation of foreign capital in the authorized capital of insurance companies and issue permits for increasing the size of the authorized capital of insurance companies at the expense of foreign investors, for making transactions with the participation of foreign investors on the alienation of shares (stakes in the authorized capital) of insurance companies , to open representative offices of foreign insurance, reinsurance, brokerage and other organizations operating in the field of insurance activities (insurance business), as well as to open branches of insurers with foreign investments;

6) give consent to the replacement of the insurer under contracts of compulsory civil liability insurance of vehicle owners;

7) to publish in the press information materials on law enforcement practice in the established field of activity, reference and other materials on issues within the competence of the Federal Insurance Supervision Service, as well as the Unified State Register of Insurance Business Entities, the register of associations of insurance business entities, information on suspension, restriction, renewal or revocation of a license (exclusion of information about subjects of insurance business from the Unified State Register of subjects of insurance business);

8) exercise the functions of the main manager and recipient of federal budget funds provided for the maintenance of the Service and the implementation of the functions assigned to it;

9) ensure, within its competence, the protection of information constituting a state secret;

10) organize the reception of citizens, ensure timely and complete consideration of citizens' appeals, make decisions on them and send answers to applicants in accordance with the legislation of the Russian Federation;

11) provide mobilization training for the Federal Insurance Supervision Service;

12) organize professional training of employees of the apparatus of the Service, their retraining, advanced training and internships;

13) carry out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, accounting and use of archival documents formed in the course of the activities of the Federal Insurance Supervision Service;

14) interact in accordance with the established procedure with public authorities of foreign states and international organizations in the established field of activity;

15) represent the Russian Federation on behalf of the Government of the Russian Federation in international organizations on insurance supervision issues, participate in the prescribed manner in the activities of international organizations in the field of insurance supervision;

16) participate in the prescribed manner in the development and implementation of international cooperation programs, preparation of draft regulatory legal acts and international treaties of the Russian Federation on issues of insurance supervision;

17) hold competitions in accordance with the established procedure and conclude state contracts for placing orders for the supply of goods, performance of work, provision of services for the needs of the Service, as well as for the conduct of research work for state needs in the established field of activity;

18) perform other functions in the established field of activity, if such functions are provided for by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.

Classification of types of insurance, in accordance with which the types of insurance are indicated in the license issued to the insurer, is given in Art. 32.9 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation":

1) life insurance in case of death, surviving to a certain age or period, or the occurrence of another event;

2) pension insurance;

3) life insurance with the condition of periodic insurance payments (rents, annuities) and (or) with the participation of the insured in the investment income of the insurer;

4) accident and illness insurance;

5) medical insurance;

6) insurance of means of land transport (with the exception of means of railway transport);

7) insurance of railway vehicles;

8) air transport insurance;

9) insurance of water transport means;

10) cargo insurance;

11) agricultural insurance (insurance of crops, agricultural crops, perennial plantings, animals);

12) property insurance of legal entities, with the exception of vehicles and agricultural insurance;

13) insurance of property of citizens, with the exception of vehicles;

14) civil liability insurance of motor vehicle owners;

15) civil liability insurance of air transport owners;

16) insurance of civil liability of owners of water transport facilities;

17) insurance of civil liability of owners of railway vehicles;

18) civil liability insurance of organizations operating hazardous facilities;

19) insurance of civil liability for causing harm due to defects in goods, works, services;

20) civil liability insurance for causing harm to third parties;

21) civil liability insurance for non-fulfillment or improper fulfillment of obligations under the contract;

22) business risk insurance;

23) insurance of financial risks.

The objects of insurance indicated in the classification are widely used in the practice of insurance companies as objects of voluntary insurance, and many of them are at the same time objects of compulsory insurance. For example, accident insurance for citizens who want to secure monetary protection in the event of an unforeseen accident is a voluntary type of insurance. At the same time, this type of insurance is mandatory for employers by virtue of the Federal Law of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

Types of insurance are divided into two groups: personal insurance and property insurance, including liability insurance and business risk insurance. The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" defines the following lists:

1) objects of personal insurance, related:

a) with the survival of citizens to a certain age or period, death, the onset of other events in the life of citizens (life insurance) (subclause 1, clause 1, article 4);

b) causing harm to the life, health of citizens, providing them with medical services (insurance against accidents and illnesses, medical insurance) (subclause 2, clause 1, article 4);

2) objects of property insurance, related:

a) with the possession, use and disposal of property (property insurance) (subclause 1, clause 2, article 4);

b) with objects of liability insurance (subclause 2, clause 2, article 4);

c) with the implementation of entrepreneurial activities (insurance of entrepreneurial risks) (subclause 3, clause 2, article 4).

Civil Code of the Russian Federation - the law regulating contractual relations, also providing for property insurance contracts (Art. 929), personal insurance contracts (Art. 934), liability insurance contracts (Art. 931, 932), business risk insurance (Art. 933).

The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 4) states that insurance (with the exception of reinsurance) of the interests of legal entities, as well as individuals - residents of the Russian Federation, is carried out on the territory of the Russian Federation, that it can only be carried out by insurers who have licenses, received in the prescribed manner.

License - this is a special permit to carry out a specific type of activity subject to mandatory observance of licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

Licensing - these are activities related to the submission of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant license requirements and conditions.

The Federal Insurance Supervision Service issues licenses for such types of insurance activities as insurance, reinsurance, mutual insurance, insurance brokerage in accordance with Art. 32 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". And the licensing of the activities of insurance medical organizations that carry out compulsory medical insurance is carried out by the Federal Insurance Supervision Service in accordance with the Rules for Licensing the Activities of Insurance Medical Organizations that carry out compulsory medical insurance, approved by Decree of the Government of the Russian Federation of March 29, 1994 No. 251. (Rules for licensing the activities of insurance medical organizations are discussed in detail in the lecture "Compulsory health insurance".)

The procedure for licensing the activities of subjects of the insurance business in accordance with Art. 32 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" is as follows. A license can be issued without limitation of its validity period or for a certain period of time (temporary license).

A temporary license may be issued for a period of:

1) specified in the application of the license applicant, but not more than 3 years;

2) from 1 to 3 years in the absence of information that allows to reliably assess the insurance risks provided for by the insurance rules submitted during licensing, as well as in cases established by the insurance legislation.

The validity period of a temporary license may be extended at the request of the license applicant, unless otherwise provided by the insurance legislation. An extension of the term of a temporary license may be refused if during the period of its validity violations of the insurance legislation by the license applicant are established, which have not been eliminated within the prescribed period.

Licenses are issued Federal Service for Insurance Supervision on the basis of an application and documents submitted by the license applicant to the Federal Insurance Supervision Service. The documents submitted by the subjects of the insurance business to the insurance supervisory authority must be drawn up in Russian. The license applicant is responsible for the accuracy of the information provided in these documents. The Federal Insurance Supervision Service has the right to verify the information received by sending written requests to the organizations for the provision (within their competence) of information relating to the documents submitted by the license applicant in accordance with the legislation of the Russian Federation. The list of documents required for obtaining licenses is exhaustive and is presented in Art. 32 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". Upon submission of all the documents referred to in this article in the proper form, the insurance supervisory authority shall issue a written notification to the license applicant on acceptance of the documents. Then, within a period not exceeding 60 days from the date of receipt of all necessary documents, the Federal Insurance Supervision Service is obliged to make a decision either to issue a license or to refuse to issue a license. The insurance supervisory authority is obliged to notify the license applicant of the adoption of the decision within 5 working days from the date of the decision.

License applicants applying for a license for the first time submit to the Federal Insurance Supervision Service the documents specified in paragraph 2 of Art. 32 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation":

1) an application for a license (the requirements for the document are established by the Federal Insurance Supervision Service);

2) constituent documents of the license applicant (submitted in the form of notarized copies);

3) a document on state registration of the license applicant as a legal entity (submitted in the form of notarized copies);

4) minutes of the meeting of founders on approval of the constituent documents of the license applicant and approval of the position of the sole executive body, head (managers) of the collegial executive body of the license applicant;

5) information on the composition of shareholders (participants) (the requirements for the document are established by the Federal Insurance Supervision Service);

6) documents confirming the payment of the authorized capital in full (submitted in the form of notarized copies);

7) documents on state registration of legal entities that are founders of an insurance entity, an audit report on the reliability of their financial statements for the last reporting period, if a mandatory audit is provided for such entities (submitted in the form of notarized copies);

8) information about the sole executive body, the head (heads) of the collegiate executive body, the chief accountant, the head of the audit commission (auditor) of the license applicant (the requirements for the document are established by the Federal Insurance Supervision Service);

9) information about the insurance actuary (the requirements for the document are established by the Federal Insurance Supervision Service);

10) insurance rules for the types of insurance provided for by this Law, with examples of the documents used. The Federal Insurance Supervision Service recommends that applicants for a license indicate in their application the type of insurance according to the classification of types of insurance and the name of the insurance rules relating to these types of insurance;

11) calculations of insurance tariffs with the application of the method of actuarial calculations used and an indication of the source of the initial data, as well as the structure of tariff rates;

12) regulation on the formation of insurance reserves;

13) economic justification for the implementation of types of insurance (the requirements for the document are established by the Federal Insurance Supervision Service).

Having received a license, the license applicant becomes an insurer. If the insurer needs to obtain licenses for additional types of voluntary and (or) compulsory insurance, mutual insurance, then in this case it does not submit to the insurance supervisory authority the entire list of the above documents, but only the documents provided for in subpara. 1, 10-13. Applicants for reinsurance licenses are not subject to subpara. 9 and 10 (in terms of presenting the insurance rules by type of insurance), as well as sub. 11 (except for samples of documents used for reinsurance).

A feature of obtaining a license from the Federal Insurance Supervision Service applicants for licenses that are subsidiaries in relation to foreign investors (main organizations) or having a share of foreign investors in their authorized capital of more than 49%, is that in addition to the documents specified in sub. 1-13, they are required to submit another document. This document is the consent in writing of the relevant body for supervision of the insurance activities of the host country of foreign investors to the participation of foreign investors in the authorized capital of insurance organizations established in the territory of the Russian Federation. Or such an applicant notifies the Federal Insurance Supervision Service that there is no requirement to have such a permit in the country of residence of foreign investors.

To obtain a license to carry out insurance brokerage activities the license applicant submits to the insurance supervisory authority (Federal Insurance Supervision Service):

1) an application for a license;

2) a document on the state registration of the license applicant as a legal entity or an individual entrepreneur (submitted in the form of notarized copies);

3) constituent documents of a license applicant - a legal entity (submitted in the form of notarized copies);

4) samples of contracts necessary for the implementation of insurance brokerage activities (the requirements for the document are established by the Federal Insurance Supervision Service);

5) documents confirming the qualifications of employees of an insurance broker and the qualifications of an insurance broker - an individual entrepreneur.

The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" imposes qualification and other requirements on officials working for insurers (Article 32.1). Leaders (including the sole executive body) of the subject of the insurance business - a legal entity or an individual entrepreneur who is the subject of the insurance business must have a higher economic or financial education, confirmed by a document on higher economic or financial education recognized in the Russian Federation, as well as work experience in the field of insurance business and (or) finance for at least 2 years.

Chief Accountant of an insurer or an insurance broker must have a higher economic or financial education, confirmed by a document of higher economic or financial education recognized in the Russian Federation, as well as at least 2 years of work experience in the specialty in an insurance, reinsurance company and (or) brokerage organization registered in the territory RF.

insurance actuary must have a higher mathematical (technical) or economic education, confirmed by a document on higher mathematical (technical) or economic education recognized in the Russian Federation, as well as a qualification certificate confirming knowledge in the field of actuarial calculations. The heads (including the sole executive body) and the chief accountant of the subject of the insurance business - a legal entity must permanently reside in the territory of the Russian Federation.

In the case of the Federal Insurance Supervision Service licensing decisions the insurer is charged a fee to the federal budget in the amount of 4 thousand rubles (Article 32.2 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). For the issuance of a duplicate license, replacement of a license, a fee in the amount of one thousand rubles is charged. The fee is paid by the insurer after the decision to issue a license is made, and only then is a license issued in the prescribed form. Upon receipt of a license, one copy of the insurance rules and tariff structures with the mark of the Federal Insurance Supervision Service is returned to the insurer. Other documents or copies of them are not issued. In case of refusal to issue a license, the Federal Insurance Supervision Service informs the insurer in writing indicating the reasons for the refusal, the documents are not returned. Grounds for refusal license applicant in issuing a license are listed in Art. 32.3 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation":

1) the use by the license applicant - a legal entity that has applied to the insurance supervisory authority for a license, of a full or short name (company name) that partially or completely repeats the name of an insurance business entity, information about which is entered in the Unified State Register of Insurance Business Entities. This provision does not apply to subsidiaries and dependent companies of subjects of insurance business - legal entities;

2) the license applicant has, as of the date of filing an application for the implementation of additional types of voluntary and (or) compulsory insurance, mutual insurance of an uncorrected violation of insurance legislation;

3) non-compliance of the documents submitted by the license applicant for obtaining a license with the requirements of this Law and regulatory legal acts of the insurance supervision body;

4) non-compliance of constituent documents with the requirements of the legislation of the Russian Federation;

5) the presence of unreliable information in the documents submitted by the license applicant;

6) that the managers (including the sole executive body) or the chief accountant of the license applicant have an unexpunged or outstanding conviction;

7) failure by insurers to ensure their financial stability and solvency in accordance with the regulatory legal acts of the insurance supervision body;

8) the existence of an unfulfilled order of the insurance supervisory authority;

9) insolvency (bankruptcy) (including premeditated or fictitious bankruptcy) of the subject of the insurance business - a legal entity through the fault of the founder of the license applicant.

The decision of the Federal Insurance Supervision Service to refuse to issue a license is sent in writing to the license applicant within 5 working days from the date of such a decision, indicating the reasons for the refusal. The decision to refuse to issue a license must contain the grounds for refusal with a mandatory reference to the committed violations and must be made no later than the period established by the Law. The decision to refuse to issue a license is sent to the license applicant with a notification of delivery of such a decision.

The insurer has the right to appeal against the actions of the Federal Insurance Supervision Service in accordance with the procedure established by the legislation of the Russian Federation. The Federal Insurance Supervision Service publishes monthly data on insurers that have been issued licenses to conduct insurance activities, indicating the name of the insurer, legal address, date of issue of the license, license number, types of insurance activities permitted by the license. In accordance with clause 4.6 of the Licensing Terms, when changes are made to the documents on the basis of which the decision to issue a license was made, insurers are obliged to notify the Federal Insurance Supervision Service of this within a month, submitting supporting documents.

The license is issued in the prescribed form and contains the following details:

1) the name of the insurer holding the license, its legal address;

2) the name of the industry, form of conduct and type (types) of insurance activity, indicating in the annex the type (types) of insurance to which the insurer has the right;

3) the territory in which he has the right to conduct this type (types) of insurance activities;

4) license number and date of issue;

5) signature of the head (or deputy head) and official seal of the Federal Insurance Supervision Service;

6) registration number according to the State Register of Insurers.

The license to conduct insurance activities has no limitation on the validity period, unless it is specifically provided for when issuing.

Licenses are issued for voluntary and mandatory:

1) personal insurance;

2) property insurance;

3) liability insurance;

4) reinsurance, if the subject of the insurer's activity is exclusively reinsurance by type of insurance activity.

The license is issued for each type of insurance risks included in the objects of insurance activity. So, if the insurer intends to deal with the object of insurance "personal insurance", namely life insurance, then he declares this to the Federal Insurance Supervision Service and receives a license for the right to carry out life insurance.

If subsequently the insurer decides to engage in accident and health insurance, which is included in the same insurance object "personal insurance", then he is again obliged to deal with the procedure for obtaining a license that will be issued for accident and health insurance. And so every time: you decide to engage in insurance of ground transport means, then get a license for insurance of ground transport means, etc. In practice, insurers rarely deal with only one type of insurance, therefore, when applying to the Federal Insurance Supervision Service for a license, they immediately declare about several objects of insurance and types of insurance risks. In this case, several objects of insurance may be indicated on one license form at once.

When new types of insurance appear, the insurer again and again applies for licenses. In modern insurance companies, you can see a stack of licenses, each of which may contain one or several names of insurance objects. If we consider voluntary and compulsory insurance, then for the same object of insurance, which is the object of, for example, voluntary insurance, for which the insurer already has a license, it is necessary to obtain a separate license if the same object becomes an object of compulsory insurance.

This happened in large numbers in 2003, when many insurance companies licensed for voluntary insurance of civil liability of car owners rushed to Rosgosstrakh with applications for the right to carry out compulsory "auto-citizenship".

Insurers, whose subject of activity is exclusively reinsurance, submit all the above documents, except for documents on economic justification, rules for types of insurance, calculation of insurance rates.

Insurers that have already received licenses from the Federal Insurance Supervision Service in the prescribed manner, but have applied for licenses for new types of insurance activities, are not required to submit:

1) constituent documents;

2) documents confirming the payment of the authorized capital (bank certificate, acts of acceptance and transfer of property, other documents);

3) regulation on the procedure for the formation and use of insurance reserves (in the economic justification of insurance activities);

4) information about the head and his deputies.

The fact that a license was issued by the Federal Insurance Supervision Service does not mean that it was issued to the insurer once and for all. The Federal Insurance Supervision Service may subsequently revoke the license, restrict or suspend the license, or renew it.

Cancellation of a license (Article 32.4 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") or the decision to issue a license is canceled in the following cases:

1) failure by the license applicant to take measures to obtain a license within 2 months from the date of notification of the issuance of a license;

2) establishment prior to the issuance of a license of the fact that the license applicant submitted false information.

License restriction or suspension (Article 32.6 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") can be carried out by the Federal Insurance Supervision Service in the event of a violation of insurance legislation by the insurer. Action limitation license means a ban on the implementation of certain types of insurance, mutual insurance, and reinsurance. Suspension license means:

1) a ban on the implementation of all types of insurance, mutual insurance, as well as reinsurance - for insurers;

2) suspension of activities for which a license has been issued - for insurance brokers.

The validity of the license is limited or suspended from the date of publication in the press, determined by the insurance supervisory authority, of the decision to restrict or suspend the license. If the Federal Insurance Supervision Service decides to restrict or suspend the license, it gives the insurer an order to eliminate the violation. The prescription is sent to the insurer, and if necessary, a copy of the prescription is sent to the relevant executive authorities.

The order is given in the following cases:

1) the implementation by the subject of the insurance business of activities prohibited by law, as well as activities in violation of the conditions established for the issuance of a license;

2) non-observance by the insurer of the insurance legislation regarding the formation and placement of insurance reserves, other funds guaranteeing the implementation of insurance payments;

3) non-compliance by the insurer with the established requirements for ensuring the normative ratio of assets and liabilities assumed, other established requirements for ensuring financial stability and solvency;

4) violation by the subject of the insurance business of the established requirements for the submission of the established reporting to the insurance supervision body and (or) its territorial body;

5) non-submission by the subject of the insurance business within the established period of time of the documents requested in the procedure for exercising insurance supervision within the competence of the insurance supervision body;

6) establishing the fact that the subject of the insurance business submitted incomplete and (or) unreliable information to the insurance supervisory authority and (or) its territorial authority;

7) non-submission by the subject of the insurance business within the established period of time to the insurance supervisory authority of information on changes and additions made to the documents (with attachment of documents confirming such changes and additions).

The insurer must submit documents confirming the elimination of the identified violations to the insurance supervisory authority within the period specified in the order. The submission of such documents by the insurer is the basis for declaring the order fulfilled. These documents must be reviewed by the Federal Insurance Supervision Service within 30 days from the date of receipt of all documents confirming the fulfillment of the order in full. The subject of the insurance business shall be informed about the removal of the order within 5 working days from the date of such a decision. The subsequent establishment of the fact that the subject of the insurance business submitted documents containing false information is the basis for recognizing the previously given instruction as unfulfilled. In case of non-execution of the order properly or within the established period, as well as in case of evasion of the subject of the insurance business from receiving the order, the validity of the license is limited or suspended in accordance with the procedure established by the insurance supervisory authority.

License renewal carried out by the Federal Service for Insurance Supervision in the event that the insurer, executing the order, eliminates the identified violations within the prescribed period and in full. The renewal of the license means the restoration of the right of the subject of the insurance business to carry out activities (Article 32.7 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). The decision to renew the license shall enter into force from the date of its adoption and shall be brought to the attention of the subject of the insurance business and other interested parties within 15 days from the date of such a decision. The decision to renew the license shall be published in the printed media determined by the insurance supervisory authority.

Grounds for termination of the insurer are his application, court decision, decision of the insurance supervisory authority to revoke the license, including those taken at the request of the subject of the insurance business (Article 32.8 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

The decision of the Federal Insurance Supervision Service to revoke a license is made if the insurer fails to eliminate the violations of insurance legislation within the established period that served as the basis for limiting or suspending the license, as well as if the subject of the insurance business has not begun to carry out activities within 12 months from the date of receipt license or does not exercise it during the financial year; in other cases provided for by federal law. The decision of the Federal Insurance Supervision Service to revoke a license is also taken at the initiative of the subject of the insurance business - on the basis of his application in writing about the refusal to carry out the activities provided for by the license. The decision of the Federal Insurance Supervision Service to revoke a license is subject to publication in the press organ determined by the insurance supervision body within 10 business days from the date of such a decision and becomes effective from the date of its publication, unless otherwise provided by federal law. The decision of the Federal Insurance Supervision Service to revoke the license shall be sent to the subject of the insurance business in writing within 5 working days from the date of entry into force of such a decision, indicating the reasons for the revocation of the license. A copy of the decision to revoke the license is sent to the relevant executive authority in accordance with the legislation of the Russian Federation.

From the date of entry into force of the decision of the Federal Insurance Supervision Service to revoke the license, the subject of the insurance business shall not have the right to:

1) conclude insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services;

2) to make changes that entail an increase in the obligations of the subject of the insurance business in the relevant contracts.

Before the expiration of 6 months after the entry into force of the decision of the Federal Insurance Supervision Service to revoke the license the insurer is obliged (but until the fulfillment of the specified obligations, the insurer quarterly submits accounting reports to the Federal Insurance Supervision Service):

1) to take, in accordance with the legislation of the Russian Federation, a decision to terminate insurance activities;

2) fulfill the obligations arising from insurance (reinsurance) contracts, including making insurance payments for insured events that have occurred;

3) transfer obligations assumed under insurance contracts (insurance portfolio) and (or) terminate insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services.

In confirmation of the fulfillment of obligations, the insurer is obliged to submit documents confirming the fulfillment of the above-mentioned obligations to the Federal Insurance Supervision Service within the above period. These documents are:

1) a decision to terminate the insurance business, adopted by the management body of the subject of the insurance business - a legal entity authorized to make these decisions in accordance with the constituent documents, or the subject of the insurance business, registered in accordance with the procedure established by the legislation of the Russian Federation as an individual entrepreneur;

2) documents containing information on the presence or absence in writing of the requirements of policyholders (beneficiaries) for the fulfillment or early termination of obligations arising from insurance (reinsurance) contracts, contracts for the provision of insurance broker services, as well as documents confirming the transfer of obligations, accepted under insurance contracts (insurance portfolio);

3) financial statements with a note from the tax authority and an auditor's report as of the next reporting date by the expiration date of 6 months from the date of entry into force of the decision of the insurance supervisory authority to revoke the license;

4) original license.

If the Federal Insurance Supervision Service does not receive the said documents before the expiration of 6 months from the date of entry into force of its decision to revoke the license, the Federal Insurance Supervision Service is obliged to file a lawsuit with a court to liquidate the subject of the insurance business - a legal entity or to terminate the subject of the insurance business - an individual person of activity as an individual entrepreneur.

The insurer, when terminating its activities, is also obliged to perform the following actions. The insurer, within a month from the date of entry into force of the decision of the Federal Insurance Supervision Service to revoke the license, is obliged to send notices to policyholders. At the same time, the publication of the specified information in printed periodicals, the circulation of each of which is at least 10 thousand copies and which are distributed in the territory where the insurers operate, is also recognized as a notification. Notifications must contain information:

1) on revocation of a license;

2) on early termination of insurance contracts, reinsurance contracts;

3) on the transfer of obligations assumed under insurance contracts (insurance portfolio), indicating the insurer to which this insurance portfolio can be transferred.

Transfer to another insurer is subject to obligations under insurance contracts, under which the relations of the parties are not settled. This must be done after 3 months from the date of entry into force of the decision of the Federal Insurance Supervision Service to revoke the license. The transfer of obligations assumed under these agreements (insurance portfolio) is carried out with the consent of the Federal Insurance Supervision Service. The Federal Insurance Supervision Service sends a written decision on consent to the transfer of the insurance portfolio or on refusal to give such consent based on the results of checking the solvency of the insurer accepting the insurance portfolio, within 20 working days after the date of submission of the application for the transfer of the insurance portfolio. The Federal Insurance Supervision Service does not give consent to the transfer of the insurance portfolio if, after checking the solvency of the insurer accepting the insurance portfolio, it is established that the specified insurer does not have sufficient own funds, i.e. does not meet the solvency requirements, taking into account the newly assumed obligations.

In order for insurers to be guaranteed to fulfill their obligations under insurance contracts, they must ensure their financial stability. First of all, the conditions for ensuring the financial stability of the insurer are regulated by law (Article 25 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Guarantees to ensure the financial stability of the insurer are:

1) economically justified insurance rates; insurance reserves sufficient to fulfill obligations under contracts of insurance, co-insurance, reinsurance, mutual insurance;

2) own funds;

3) reinsurance.

Insurance reserves and the insurer's own funds must be backed by assets that meet the requirements of diversification, liquidity, recoverability and profitability.

Own funds of insurers (with the exception of mutual insurance companies that insure only their members) include:

1) authorized capital;

2) reserve capital;

3) additional capital;

4) retained earnings.

Insurers must have a fully paid authorized capital, the amount of which must not be lower than the minimum amount of authorized capital established by the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". Contribution to the authorized capital of borrowed funds and pledged property is not allowed.

Carrying out their activities, insurers are obliged to comply with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" and the regulatory legal acts of the Federal Insurance Supervision Service conditions for ensuring financial stability in terms of:

1) formation of insurance reserves;

2) the composition and structure of assets accepted to cover insurance reserves;

3) quotas for reinsurance;

4) the normative ratio of the insurer's own funds and the obligations assumed;

5) the composition and structure of assets accepted to cover the insurer's own funds;

6) issuance of bank guarantees.

In carrying out their activities, insurers are obliged to:

1) keep accounting records;

2) draw up accounting and statistical reports in accordance with the chart of accounts, accounting rules, accounting and reporting forms approved by the insurance regulatory body in accordance with the law (Article 28 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). At the same time, the accounting of operations for insurance of objects of personal insurance and the accounting of operations for insurance of other objects of insurance are kept separately.

Insurers are required to annually submit to the Federal Insurance Supervision Service accounting and statistical reports, as well as other information in the prescribed manner. At the same time, insurers are guided by the following regulations:

1) Order of the Ministry of Finance of the Russian Federation of January 13, 2004 No. 2n "On the form of departmental state statistical observation No. 2-C" Information on the activities of an insurance (insurance medical) organization for a_year "and Instructions on the procedure for compiling and submitting the form of annual statistical reporting of insurance (insurance) medical) organizations";

2) Order of the Ministry of Finance of the Russian Federation dated September 4, 2001 No. 69n "On the peculiarities of the application by insurance organizations of the Chart of Accounts for accounting of financial and economic activities of organizations and Instructions for its application";

3) Order of the Ministry of Finance of the Russian Federation dated December 8, 2003 No. 113n "On the Forms of Accounting Statements of Insurance Organizations and Reporting Submitted in the Order of Supervision";

4) Order of the Ministry of Finance of the Russian Federation dated January 28, 2003 No. 7n "On the form of departmental state statistical observation No. 1-C" Information on the main indicators of the activities of an insurance organization for January - _20_years ";

5) Order of the Ministry of Finance of the Russian Federation dated August 5, 2002 No. 77n "On the Report on the Composition of Shareholders (Participants) of an Insurance Company".

Insurance brokers are also required to submit information on insurance brokerage activities to the Federal Insurance Supervision Service.

Insurers are required to publish annual accounting reports in the manner and within the time limits established by the regulatory legal acts of the Russian Federation (Letter of the Department of Insurance Supervision of the Ministry of Finance of the Russian Federation dated February 6, 2001 No. 24-07 / 04 "On the presentation of annual balance sheets published by insurance organizations"). Moreover, they should do this only after audit confirmation of the reliability of the information contained in these reports (Article 29 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). Publication of annual accounting reports is carried out in the media, including those distributed in the territory where the insurer operates. Information about the publication shall be communicated by the insurer to the insurance supervisory authority.

The insurer, carrying out the insurance business and accepting insurance objects for insurance, is responsible to the insured for full and timely coverage of all risks accepted for insurance. The funds owned by the insurer must ensure the fulfillment of obligations assumed by the insurer under insurance contracts. In other words, the insurer must have enough money available to cover insurance payments. If the insurer, having taken large risks for insurance, runs the risk of being left without money when fulfilling his obligations to the insured, he has the right to turn to another insurer (reinsurer) in order to insure his business risk. The insurer concludes a reinsurance contract with the reinsurer, while he himself becomes the insured, or rather, the reinsurer, insuring the risk of payment of insurance compensation or the sum insured from another insurer in full or in part (Article 13 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", Letter of the Ministry of Finance of the Russian Federation dated April 15, 2002 No. 24-00 / KP-52 "On reinsurance contracts").

In this way, reinsurance - this is an activity for the protection by one insurer (reinsurer) of the property interests of another insurer (reinsurer) associated with the obligations of insurance payment accepted by the latter under the insurance contract (main contract). Reinsurance is a system of economic relations in the reinsurance market, since the reinsurer provides additional financial stability for the insurer of the main insurance contract, which, having fulfilled its obligations for insurance payment (by paying insurance compensation to the insured), compensates this amount at the expense of the reinsurer. Reinsurance is possible only between insurers (reinsurer and reinsurer). Large Russian reinsurers operate on the domestic insurance market, but the volume of their activities is still insignificant on a global scale. Many Russian insurance companies use the services of the largest international insurance and reinsurance companies, including General Cologne Re, Swiss Re, Partner Re, Munich Re, etc. In order to carry out reinsurance activities, Russian insurance organizations are required to obtain a reinsurance license (Article 32 of the RF Law " On the organization of insurance business in the Russian Federation). Reinsurance is carried out on the basis of a reinsurance agreement concluded between the insurer and the reinsurer in accordance with the requirements of civil law (Article 967 of the Civil Code of the Russian Federation).

The object of reinsurance is the property interest of the insurer - the risk of payment of insurance compensation or the sum insured (Articles 929 and 967 of the Civil Code of the Russian Federation). According to paragraph 2 of Art. 9 of the Law "On the organization of insurance business in the Russian Federation" an insured event is an event that has occurred, provided for by an insurance contract or law, upon the occurrence of which the insurer's obligation arises to make an insurance payment to the persons specified in the contract. The same rule applies to reinsurance contracts. An insured event in a reinsurance contract is the risk of payment of insurance compensation by the insurer under the main insurance contract.

The subject matter of the reinsurance contract is the obligation of the reinsurer to pay a certain amount of money upon the insolvency of the insurer (reinsurer) to pay insurance compensation and insurance coverage under specific insurance contracts. Reinsurance contracts have the right to conclude among themselves only insurers. Consistent conclusion of two or more reinsurance contracts is allowed. The rules provided for in Ch. 48 of the Civil Code of the Russian Federation (Articles 929, 933), which are to be applied in relation to business risk insurance, unless otherwise provided by the reinsurance agreement. At the same time, the parties have the right, when concluding a reinsurance contract, to agree on conditions that differ from the rules established by law in relation to business risk insurance. Since a reinsurance contract is a type of property insurance, when concluding a property insurance contract, an agreement must be reached between the insured and the insurer on the following essential conditions:

1) the object of insurance;

2) the amount of the sum insured;

3) the nature of the insured event;

4) the term of the contract.

Reinsurance contracts are divided into facultative and obligatory (contractual) according to the method of risk transfer, however, such a division is not fixed in Russian legislation, and is applied only in practice. With facultative reinsurance, as a rule, the insurer, if reinsurance is necessary, decides which of the reinsurers to offer the risk for reinsurance. The reinsurer, in turn, decides whether to accept part of the risk and under what conditions (based on a preliminary risk assessment and analysis of available information). In obligatory reinsurance, the insurer and the reinsurer enter into a written agreement on the transfer and acceptance of reinsurance risks (for example, long-term contracts for participation in reinsurance), as a result, the insurer is obliged to transfer, and the reinsurer is obliged to accept in reinsurance all risks that satisfy the terms of the contract. Along with the reinsurance contract, other documents may be used as confirmation of the agreement between the reinsurer and the reinsurer, applied on the basis of business customs (Article 13 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Not subject to reinsurance the risk of an insurance payment under a life insurance contract in terms of the insured person surviving to a certain age or term, or the occurrence of another event. Insurers licensed to carry out life insurance are not entitled to reinsure property insurance risks assumed by insurers.

The insured has the right under one insurance contract to insure his property or his life both with one insurer and with several insurers (so-insurance). In turn, the insurer also has the right to turn to co-insurance in order to share with other insurers the liability for one insurance obligation or for several insurance obligations arising from one insurance contract. This right is confirmed by Art. 12 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" and Art. 953 of the Civil Code of the Russian Federation: the object of insurance may be insured under one insurance contract jointly by several insurers.

Co-insurance differs from reinsurance in that only insurers have the right to conclude reinsurance contracts with each other, and co-insurance can be carried out both at the initiative of the insured and at the initiative of the insurer.

The insured may act as the initiator of co-insurance if he doubts the financial stability of one insurer: he has the right to offer the insurer to distribute the risk among several insurers in order to secure it more reliably. At the same time, the insured has the right to indicate the co-insurers, as well as the share of participation of each of them in the risk, and all this must be reflected in the insurance contract. In this case, i.e. when the co-insurance is initiated by the insured, the insurer must transfer a conditional share of the risk to one or more co-insurers.

The insurer also has the right to act as the initiator of co-insurance in cases where the policyholder has declared a large sum insured and when, in order to ensure its financial stability, the insurer needs to transfer part of the risk to another insurer on the terms of joint and several liability. For example, co-insurance of space risks. However, if the co-insurance is initiated by the insurer, then the consent of the insured is required.

The co-insurance contract must define the rights and obligations of each of the insurers. For example, they may answer to the insured in shares according to the rules of Art. 321 of the Civil Code of the Russian Federation. If such an agreement does not define the rights and obligations of co-insurers, then they are jointly and severally liable to the insured (beneficiary) for the payment of insurance compensation under a property insurance agreement or the sum insured under a personal insurance agreement.

The procedure for co-insurance (joint and several obligations with several co-debtors and the fulfillment of their obligations) is carried out in accordance with Art. 325 of the Civil Code of the Russian Federation.

In modern Russia, the economy is being reformed, the transition to market relations is being carried out in all national sectors. Market relations (market) in insurance are economic relations, which are a set of commodity-money relations arising from the sale and purchase of insurance services. Modern economic theory gives the following concept of the insurance market. The insurance market is an economic space (or system) controlled by the ratio of supply and demand for insurance services (insurance protection). The demand for insurance services is determined by two main factors:

1) the need for insurance of an economic entity and an individual citizen;

2) the purchasing power of policyholders, which allows satisfying the demand for insurance by purchasing insurance services.

To ensure the satisfaction of solvent demand, insurance organizations form an offer. At the same time, insurance organizations must be sufficiently professional and financially stable. The market system, as the experience of the world's leading states shows, is an efficient and flexible system for solving major economic problems.

In Russia, the insurance market is quite young in comparison with the markets of developed countries, which began to develop hundreds of years ago and in which supervision systems have long been formed, the practice and technology of insurance has been developed. Therefore, the development of the insurance market in Russia differs significantly from the effectively developing insurance market of the leading countries. The low efficiency of the insurance market development in Russia is influenced by the recent past of the country. Before 1988, the former Soviet Union had a non-market economic system. Compensation for damage was mainly carried out by the state, which allocated funds from the budget for the restoration of destroyed enterprises, housing, the elimination of the consequences of natural disasters and other similar purposes. The insurance system, consisting of two state organizations (Gosstrakh and Ingosstrakh), played a supporting role. The development of the insurance market in Russia began in 1988, when the first non-state insurance company appeared. Therefore, 1988 is considered the beginning of the newest history of insurance in Russia. In the same year, the Government of the Russian Federation laid the foundations for national insurance in the context of the country's transition to market relations. The Government of the Russian Federation has developed the "Guidelines for the Development of the National Insurance System in the Russian Federation in 1998-2000" and entrusted the Ministry of Finance of the Russian Federation with coordinating work on the implementation of the measures provided for by the Guidelines and ensuring control over their implementation. Measures were envisaged in the Main Directions:

1) to ensure the reliability and financial stability of the insurance system;

2) to conduct an active structural policy in the insurance services market;

3) to improve the efficiency of methods of state regulation of insurance activities;

4) development of relations between the Russian and international insurance markets.

From the beginning of the emergence of the insurance market in Russia (1988 - to the present), one can trace the dynamics of its development.

In the 90s of the 20th century. The Russian economy was in recession and the unemployment rate was rising. At that time, a little more than three and a half thousand insurance companies received a license to carry out insurance activities, while the insurance services market developed poorly. There was a demand for insurance services, however, many legal entities and individuals, even with an insurable interest, did not have the opportunity to use insurance services, since insurance is a paid service and depends on the availability of money from the client. However, the development of the national insurance system over this period is characterized by high dynamics, including an increase in the ratio of insurance premiums to gross domestic product by more than 2 times.

Despite the fact that over time, many insurers lost their licenses for one reason or another (there are about a thousand insurers currently operating in the Russian market), by now the insurance market is developing much more efficiently. Insurance is one of the promising sectors of the country's economy, since as a result of large-scale privatization, a significant part of fixed assets became the property of individuals and non-state structures, and at the same time, insurance protection provided through the state system of social insurance and security was reduced.

The insurance industry in modern Russia is the main (and one might say - the only) system of financial guarantees that provides compensation for damage in the event of natural disasters, accidents, fires and other unforeseen events.

The insurance market is developing dynamically. Large insurance companies have appeared on the Russian insurance market, providing insurance services that meet international standards. The interest of policyholders in insurers increased significantly in 2003, when compulsory liability insurance for car owners was introduced. In addition, the state, through the introduction of certain measures, has expanded the purchasing power of insurance services. Thus, the ability of enterprises and organizations to purchase insurance services has increased as a result of the permission to include property insurance expenses in expenses deducted from income received from the production and sale of goods, works and services (Chapter 25 of the Tax Code of the Russian Federation).

The infrastructure of the Russian insurance market is taking shape, which also testifies to its positive development. The market infrastructure should be a well-functioning mechanism on which the stability of the market depends. The insurance market in Russia is a market where the following closely interact:

1) producers of insurance services - insurers (insurance, reinsurance companies, mutual insurance companies);

2) consumers of insurance services - policyholders;

3) intermediaries - individuals and organizations that are assistants in the promotion of insurance services (agents, brokers);

4) organizations that promote insurance activities, increase its efficiency, but do not engage in insurance activities.

Organizations that promote insurance activities include organizations engaged in:

1) ensuring the functions of public and state regulation of the insurance market (Federal Insurance Supervision Service (FSSN), societies for the protection of the rights and interests of policyholders, beneficiaries and insured persons);

2) prevention of cases of insurance fraud and maintenance of relevant databases;

3) outsourcing of some functions of the activities of insurers, investment companies;

4) risk and damage assessment (surveyors - risk assessment specialists, appraisers);

5) consulting and advertising (news agencies, information and analytical centers, regular exhibitions, etc.);

6) science and education in the field of insurance;

7) development of services for certification and quality management in insurance.

8) activities of emergency commissioners, actuaries, consultants, etc.

At the same time, professional participants in the insurance market, which are defined by the law "On the organization of insurance business in the Russian Federation" are insurers, reinsurers, mutual insurance companies, as well as insurance intermediaries and actuaries. Each of these insurance organizations has a technical and organizational unity and economic isolation, here economic relations begin to form.

On a territorial basis, national, regional and international insurance markets are distinguished.

national market - the sphere of activity of insurance organizations within a particular country, such is the Russian insurance market with all its infrastructure, while insurance activities are carried out within the limits of national legislation.

Regional market - the sphere of activity of national insurance organizations operating in the territory of individual regions.

International insurance market is a combination of national and regional insurance markets. For example, by July 1, 1994, the Common Insurance Market of Europe was formed, which unites the following European countries, among which Russia is not present: Austria, Belgium, Great Britain, Hungary, Greece, Denmark, Ireland, Iceland, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Turkey, Finland, Germany, France, Czech Republic, Switzerland, Sweden, Estonia, etc.

On the basis of industry distinguish between property insurance markets, liability insurance markets, life insurance markets, accident insurance markets. Thus, in the Russian insurance market, the property insurance market is more developed than the markets for life insurance, liability insurance, and accident insurance, which are currently only beginning to gain momentum. For example, in the United States of America, on the contrary, personal insurance is most developed: life insurance, pensions and annuities, against accidents and illnesses.

In the insurance market, as well as in any other market, rivalry for achieving high financial results (competition) between insurance organizations is developing. Achieving high financial results is carried out by insurance organizations by attracting insurers, by profitable investment of accumulated funds and other methods. Attracting policyholders is carried out through: advertising, lowering the tariff rate, additional services, etc. At the same time, there is a unfair competition, the essence of which is espionage, poaching experienced professionals, drawing up contracts indicating reduced risk at a high tariff rate, or, conversely, at a low tariff rate with a predetermined non-payment of insurance compensation, etc. All these actions hinder the survival of conscientious insurance companies. The Russian law suppresses monopolistic activity and unfair competition in the insurance market (Article 31 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Prevention, restriction and suppression of monopolistic activity and unfair competition in the insurance market is provided by the federal antimonopoly body in accordance with the antimonopoly legislation of the Russian Federation.

Services provided by financial organizations in the insurance services market are included in the List of types of financial services subject to antimonopoly regulation, approved by Order of the Ministry of Antimonopoly Policy of the Russian Federation of June 21, 2000 No. 467.

This list includes services provided by:

1) in the banking services market (banking operations and transactions);

2) in the market of insurance services;

3) in the market of non-state pension provision services;

4) in the securities market;

5) in the market of leasing services.

The list of insurance services includes services for specific types of insurance related to:

1) compulsory insurance carried out on the basis of the laws of the Russian Federation;

2) voluntary life insurance and other types of personal insurance;

3) voluntary property insurance;

4) voluntary liability insurance;

5) reinsurance;

6) mutual insurance.

A feature of the Russian insurance legislation is that the dominant position of insurers (insurance and reinsurance companies, mutual insurance companies) in the insurance services market is not a violation of antimonopoly law. However, a normative act has been adopted, which serves as the basis for systematic monitoring of the activities of insurers by the antimonopoly authorities in order to prevent abuse of this provision.

The establishment of the dominant position of insurers is carried out by the antimonopoly authority in agreement with the Ministry of Finance of the Russian Federation on the basis of the regulatory act: "The procedure for determining the dominant position of participants in the insurance services market", approved by order of the Federal Antimonopoly Service dated March 10, 2005 No. 36.

The dominant position of insurers is assessed based on the calculation of its share in the insurance services market, based on the amount of insurance premiums received (turnover in a certain type of financial services) in comparison with the total volume of insurance premiums received by all insurance organizations within the established territorial boundaries of the insurance market. The position of the insurer is recognized as dominant if its share for the reporting period exceeds 10% on the federal insurance market or 25% on the regional one.

To determine the dominant position of a particular insurer in the insurance services market, it is necessary:

a) identify all insurers and / or their branches providing insurance services for a particular type of insurance within the established boundaries of the insurance services market;

b) calculate the amount of collected insurance premium for a certain type of insurance provided to consumers by each insurer and/or its branches;

c) calculate:

the total amount of insurance premium collected by insurers for a certain type (industry) of insurance within the boundaries of the federal insurance services market according to the formula:

where: Vp - the total amount of collected insurance premium for a certain type (industry) of insurance;

Vi - volume of insurance premium collected by each insurer;

n - the number of insurers providing insurance services for a particular type of insurance.

The total amount of insurance premium collected by insurers and/or their affiliates for a certain type (industry) of insurance within the boundaries of the regional market of insurance services according to the formula:

Vp = SUM Vi - SUM Vie + SUM Vm,

where: Vp - the total amount of insurance premium collected by insurers and/or their branches within the boundaries of the regional market of insurance services for a certain type of insurance;

Vi - volume of insurance premium collected by each insurer registered in the region and/or its branch;

Vie - the amount of insurance premium collected by each insurer registered in the region and / or its branch outside the boundaries of the regional insurance services market;

Vm - volume of insurance premium collected within the boundaries of the regional insurance market by insurers registered outside the boundaries of the region and/or their branches;

d) calculate the share of the insurer and/or its branch in the volume of the collected insurance premium within the established boundaries of the insurance services market according to the formula:

Di = Vi/Vp - 100,

where: Di is the share of the insurer and/or its branch in the amount of the collected insurance premium within the established boundaries of the insurance services market;

Vi - the amount of insurance premium collected by the insurer and/or its branch within the established boundaries of the insurance services market;

Vp - the total volume of the collected insurance premium within the established boundaries of the insurance services market;

e) identify all insurers affiliated with this insurer and providing homogeneous insurance services within the established boundaries of the insurance services market;

f) calculate the total share of affiliated insurers;

g) compare the share of the insurer (the total share of affiliated insurers) with the criteria for dominance in the insurance services market of a certain type, established by clause 7 of the Procedure for determining the dominant position of participants in the insurance services market.

The antimonopoly control body determines the dominant position of the insurer in the insurance services market based on information received from insurers, consumers of insurance services (insurants), state, public, scientific organizations, commercial and non-commercial organizations, experts. The following sources of information are used for this:

1) data of the state statistical reporting, characterizing the activity of the subjects of the insurance market;

2) information from the Federal Insurance Supervision Service;

3) information on the volume of insurance services provided, received by the antimonopoly body directly from insurers;

4) data from selective surveys of policyholders and potential clients;

5) data from departmental and independent centers and services on the state, structure and volume of the insurance market.

The dominant position of insurers is determined for certain sectors of the insurance market or types of insurance according to the classification of types of insurance.

The determination of the dominant position is carried out in the implementation of state control over the concentration of capital, provided for in Art. 16 of the Law "On Protection of Competition", as well as when considering the facts of violation of the antimonopoly law.

Compared to domestic antimonopoly legislation, the legislation of foreign countries is stricter in relation to the dominant position of insurers: for exceeding the maximum market share by an insurer in a certain type of insurance services, the antimonopoly control body decides to stop selling new insurance service contracts, or sell part of the business to another insurer.

LECTURE #2

Basic concepts of insurance

Insurers in their activities use specific terms and concepts that are defined by domestic and international legislation: "insurer", "insured", "insured person", "beneficiary", "sum insured", "insurance value", "insurance rate", " insurance payment", etc.

It should be remembered that such concepts as "sum insured", "insurance value", "insurance rate", "insurance premium" ("insurance premium"), "insurance payment" have quantitative indicators. The values ​​of these indicators in compulsory and voluntary insurance are determined differently.

In case of voluntary insurance, the amount (numerical value) of the sum insured, insurance tariff, insurance premium (insurance fee) is determined by the insurer himself. Then, if the insured wants to conclude an insurance contract, they agree on the sum insured and the tariff, as the seller and the buyer do.

In compulsory insurance, the size of the sum insured, tariff, insurance payment is determined by a special federal law. For example, the OSAGO Law - compulsory insurance of civil liability of car owners, also referred to as "auto-citizenship", determines the sum insured in the amount of 400 thousand rubles, and insurance rates are determined by a by-law regulatory act - Decree of the Government of the Russian Federation dated December 8, 2005 No. 739 "On approval of insurance tariffs for compulsory insurance of civil liability of vehicle owners, their structure and procedure for application by insurers when determining the insurance premium. Neither the insurer nor the policyholder may assign the sum insured, tariff, insurance payment other than those specified in the Law. At the same time, "autocitizenship", which existed as a voluntary type of insurance before the introduction of the OSAGO Law in 2003, remains voluntary at the present time. And in a voluntary "avtograzhdanka" the insurer and the insured have the right to establish by mutual agreement any amount of sums insured. So, if the insured, when insuring a mandatory "car citizen", the insurance amount of 400 thousand rubles seems too small and he wishes to insure his civil liability, for example, for 500 thousand rubles, 1 million rubles, and so on, then he applies to the insurer with a statement on the subject of voluntary insurance and additionally insures the "avtocitizen" for any desired amount.

Insurers (Article 31 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") are recognized as legal entities (JSC, LLC, etc.) created for the purposes of insurance, reinsurance, mutual insurance and licensed in the manner prescribed by the Law of the Russian Federation " On the organization of insurance business in the Russian Federation.

The Civil Code of the Russian Federation gives the following definition of insurers. Insurers - these are legal entities that have permits (licenses) to carry out insurance of the corresponding type (Article 938 of the Civil Code of the Russian Federation).

Individual entrepreneurs do not have the right to be insurers, but they have the right to be representatives (intermediaries) of insurers. Insurers assess the insurance risk, receive insurance premiums (insurance premiums), form insurance reserves, invest assets, determine the amount of loss or damage, make insurance payments, and perform other actions related to the fulfillment of obligations under the insurance contract.

Insurers have the right to insure objects of personal and property insurance:

1) objects of personal insurance there may be property interests related to:

a) with the survival of citizens to a certain age or period, death, the onset of other events in the life of citizens (life insurance);

b) causing harm to the life, health of citizens, providing them with medical services (insurance against accidents and illnesses, medical insurance);

2) objects of property insurance there may be property interests related to:

a) possession, use and disposal of property (property insurance);

b) with the obligation to compensate for the harm caused to other persons (civil liability insurance);

c) with the implementation of entrepreneurial activities (insurance of entrepreneurial risks).

In relation to foreign insurers, the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" regulates the following: insurance organizations are allowed to carry out insurance, which are subsidiaries in relation to foreign investors (main organizations) or have a share of foreign investors in their authorized capital of more than 49%; licenses (permits) to carry out insurance activities they are required to obtain from the insurance supervision authorities in accordance with Russian laws. But at the same time, the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" limits the activities of such organizations in various positions. The specified organization (s) has the right to carry out insurance activities in the Russian Federation only if the foreign investor (main organization) has been an insurance organization for at least 15 years, carrying out its activities in accordance with the legislation of the relevant state, and for at least 2 years participates in the activities of insurance organizations established on the territory of the Russian Federation.

In addition, persons exercising the functions of the sole executive body and chief accountant of an insurance organization with foreign investments must permanently reside in the territory of the Russian Federation. The next limitation is that such organizations are not allowed to carry out in the Russian Federation:

1) insurance of objects of personal insurance (property interests related to the survival of citizens to a certain age or period, death, the occurrence of other events in the life of citizens (life insurance);

2) compulsory insurance;

3) compulsory state insurance;

4) property insurance related to the supply or performance of contract work for state needs;

5) insurance of property interests of state and municipal organizations.

These prohibitions do not apply to insurance organizations that are subsidiaries of foreign investors (main organizations) that received licenses and started working in Russia before the Law of the Russian Federation "On the Organization of Insurance Business in the Russian Federation" came into force. These prohibitions also do not apply to insurance companies that are subsidiaries in relation to foreign investors (main organizations) of the states - members of the European communities that are parties to the Partnership and Cooperation Agreement, establishing a partnership between the Russian Federation on the one hand and the European communities and their states - members on the other hand, dated June 24, 1994, or having a share of such foreign investors in their authorized capitals of more than 49%.

So, after obtaining the permission of the insurance supervisory authority, insurance organizations that are subsidiaries in relation to foreign investors (main organizations) or have a share of foreign investors in their authorized capital of more than 49% can open their branches in the territory of the Russian Federation, participate in subsidiary insurance organizations. The insurance supervisory authority terminates the issuance of licenses for such organizations to carry out insurance activities in the following cases:

1) if the size (quota) of participation of foreign capital in the authorized capital of insurance organizations exceeds 25%;

2) if the share of foreign investors in its authorized capital is more than 49%.

Note: Foreign investors are recognized as foreign organizations that have the right to invest in the territory of the Russian Federation in the authorized capital of an insurance company established or newly created in the territory of the Russian Federation in the manner and under the conditions established by the legislation of the Russian Federation.

Mutual insurance companies provided for by Art. 7 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". For the insurance protection of their property interests, legal entities and individuals may create mutual insurance companies in the manner and on the terms determined by the federal law on mutual insurance.

Insured (Article 5 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") are recognized as legal entities and capable individuals, either voluntarily (of their own free will) entered into insurance contracts with insurers, or are policyholders by virtue of law. Legal entities and able-bodied individuals become policyholders by virtue of law only in cases provided for by this or that federal law.

Insured person - this is an individual whose health, life, property or pensions are insured by an insurance organization either by virtue of the good will of the insured, or by virtue of a direct indication in a special federal law. For example, according to the Federal Law "On Compulsory Social Insurance Against Industrial Accidents and Occupational Diseases", an insured person is an individual subject to compulsory social insurance against industrial accidents and occupational diseases, as well as an individual who has received damage to health as a result of an accident at work. production or occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work.

The insured person is not a party to the contract (the parties to the contract are the insurer and the policyholder), and his will cannot serve as a basis for changing its conditions. The insured person appears in the contracts of not all types of insurance. Thus, according to the legislation, there is no and cannot be such a figure as the insured person in property insurance contracts. And in contracts of personal insurance and in contracts of liability insurance for causing harm, there is such a thing as "insured person". The appointment of the insured person must be agreed upon by the parties (the insured and the insurer) when concluding the insurance contract. A personal insurance contract may be concluded in favor of the insured person. If the insured person does not agree that the contract is concluded in favor of another person, then the contract will be concluded in favor of the insured person himself, i.e. there will be no beneficiary in the contract. Then, in the event of the death of the insured person under a personal insurance contract, in the absence of other beneficiaries directly specified in the contract, the beneficiaries automatically become the heirs of the deceased insured person.

Beneficiary is the person in whose favor the insurance contract is concluded. The beneficiary may be both individuals and legal entities.

In personal insurance, the insured himself, or the insured person, or another third party with the consent of the insured person (Article 934 of the Civil Code of the Russian Federation) can be appointed as the beneficiary.

In property insurance, the law clearly establishes the persons whom the policyholder has the right to appoint as beneficiaries in insurance contracts and who have certain insurance interests. Article 929 of the Civil Code of the Russian Federation regulates that, under a property insurance contract, persons who are interested in preserving the insured property on the basis of a law, other legal act or contract (Article 930 of the Civil Code of the Russian Federation) can be appointed as beneficiaries.

In liability insurance contracts for causing harm (Article 931 of the Civil Code of the Russian Federation), beneficiaries may be persons who may be harmed by the actions of the insured or insured persons.

When insuring liability under a contract (Article 932 of the Civil Code of the Russian Federation), persons to whom the insured may cause damage due to failure to fulfill its obligations under the contract may be appointed as beneficiaries.

Under business risk insurance contracts (Article 933 of the Civil Code of the Russian Federation), the beneficiaries, as directed by law, must be the insurers themselves - persons who may experience a loss in the course of entrepreneurial activity.

In everyday life, objects of insurance are understood, for example, as a person's life (in personal insurance), property (housing, cars, computers, etc.), someone's liability for something (in liability insurance). However, only a person who is not knowledgeable in the field of insurance, which has its own laws and rules, thinks so. The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" gives the concept of objects of insurance (Article 4): the objects of insurance are property (insurance) interests.

Insurance object - property interest, which is one of the essential conditions of the insurance contract (clause 1, article 942 of the Civil Code of the Russian Federation). At the same time, insurance interests can be insured under property insurance contracts (Article 929 of the Civil Code of the Russian Federation) or under personal insurance contracts (Article 934 of the Civil Code of the Russian Federation). It is allowed to insure property interests relating to different types of property insurance and (or) personal insurance (combined insurance).

A person (insured person) wishing to insure his/her insurable interest and having come to the insurer for this purpose is obliged to confirm this insurable interest of his(her) at the moment of conclusion of the insurance contract. It is necessary to confirm the insurable interest not in words, but with the help of documents. Otherwise, the insurer is not entitled by law to conclude an insurance contract.

If we talk about personal insurance, the policyholder must have an insurable interest in the life of the insured person (a parent who insures the life of his children, or, conversely, children - parents, wife - husband, husband - wife). The insured also legitimately has an insurable interest when he wishes to insure his own life. In personal insurance, the policyholder can insure not only his own, but also someone else's interest. For example, an employer is interested in preserving the life and health of his employees, so he has the right to insure their life and health. In this case, the beneficiaries according to the law must be the employees themselves.

When insuring property, as in personal insurance, the insured has the right to insure not only his own, but also someone else's interest (clause 1, article 930 of the Civil Code of the Russian Federation).

When insuring liability, the policyholder is interested in the fact that he does not have liability. The insured has the right to insure also the liability of another person (Article 931 of the Civil Code of the Russian Federation), but at the same time, the “other” person must also, for some reason, be interested in ensuring that his liability does not arise.

According to the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 4), insurance is prohibited:

1) illegal interests;

2) interests that are not illegal, but their insurance is prohibited by law.

An example of unlawful interests is the insurance of expenses that a person may be forced to pay in order to free hostages. Illegal interests are also the risks of detention by the police for such a category of persons as the instigators of a robbery or murder.

An example of interests that are not illegal, but their insurance is prohibited by law, is insurance of losses by players when participating in games, lotteries (Article 928 of the Civil Code of the Russian Federation), etc. Players clearly have a property interest in compensating for lost money. But these interests are illegal for the participants in these events. At the same time, entrepreneurs, being the organizers of these events, on the contrary, have the right to compensation for the loss of income (additional expenses) incurred during the implementation of entrepreneurial activities, they have the right to insure their interests. They may legally enter into financial risk insurance contracts.

insurance risk is the anticipated event for which insurance is provided. An event considered as an insured risk must have signs of probability and randomness of its occurrence.

Insured event is an event that has taken place, provided for by the insurance contract or the law, upon the occurrence of which the insurer's obligation arises to make an insurance payment to the insured, the insured person, the beneficiary or other third parties (Article 9 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

For example, the occurrence of death - an event in the event of which a person is insured (in the insurance contract this person is called the insured person) - is considered as an insured risk, since it has signs of probability and randomness of its occurrence. But if this event, stipulated in the insurance contract, nevertheless occurred, it is considered an insured event, and the insurer is obliged to make an insurance payment to the person in whose favor the insurance contract is concluded. The following are examples of insurance risks that are insured by modern insurers in various types of insurance.

Examples of insurance risks in various types of insurance

Personal insurance

Life insurance

Risk of death regardless of causes (for any reason).

The risk of permanent disability, regardless of the reasons (for any reason).

Accident and illness insurance

The risk of harm to the health of the insured due to an accident or illness.

The risk of death of the insured as a result of an accident or illness.

The risk of loss of (permanent or temporary) ability to work (general or professional) as a result of an accident and illness, with the exception of types of insurance related to health insurance.

Health insurance

The risk associated with the cost of medical care in the event of an insured event.

Serious illness insurance

The risk of the insured person falling ill with such serious diseases as, for example, myocardial infarction, stroke (damage to the cerebral vessels), cancer, coronary artery bypass grafting, kidney failure, transplantation of the most important organs, paralysis, etc.

The list of diseases, the risk of which is subject to insurance, is determined by the insurer itself, and different insurers do not have the same list of diseases.

Property insurance

Land transport insurance

The risk of damage or destruction (hijacking, theft) of a ground vehicle.

Air transport insurance

The risk of damage or destruction (hijacking, theft) of air transport, including engines, furniture, interior decoration, equipment, etc.

Water transport insurance

The risk of damage or destruction (hijacking, theft) of water transport, including motors, rigging, interior decoration, equipment, etc.

Cargo insurance

The risk of damage or destruction (loss) of cargo (goods, baggage or other cargo), regardless of the method of its transportation.

Insurance of real estate and other property

Cases of risks of property damage or destruction are numerous (the same risks may apply to other types of insured property - cars, computers, etc.):

1) fire (accidental outbreak and spread of fire on an object, inside an object or from object to object), including those that have arisen outside the insured premises;

2) gas explosion (exposure to flame, smoke, high temperature), including those that occurred outside the insured premises;

3) damage to neighboring real estate as a result of a fire or explosion, as a result of carrying out lawful actions to extinguish a fire, or through the fault of the policyholder;

4) explosion of boilers, fuel storage facilities and fuel lines, machines, devices;

5) a flood that occurred as a result of an accident in the internal drain, water supply, heating and sewerage systems, including those that occurred outside the insured premises;

6) water intrusion from adjacent alien premises;

7) lawful actions to eliminate the ingress of water from neighboring buildings, premises and structures that do not belong to the insured;

8) sudden impact of natural phenomena:

a) outflow of groundwater unusual for the area, subsidence and subsidence of soil, prolonged rains and heavy snowfall;

b) movements of air masses unusual for the given area, showers, flooding, hail, floods, storms, whirlwinds, tornadoes, hurricanes or other dangerous phenomena;

c) frosts unusual for the area and heavy snowfalls, mountain falls (avalanches, rockfall), landslides;

d) mudflow, lightning strike, earthquake, tsunami, volcanic eruption or underground fire;

9) falling on real estate of flying objects (airplanes, space vehicles, etc.), their fragments, parts or goods carried by them;

10) fall on real estate trees;

11) fall on the property of the debris of buildings and structures (masts, supports, ceilings, etc.);

12) collision with the insured residential premises of vehicles driven by third parties;

13) collision, collision, impact, fall, overturning;

14) unintentional glass breakage;

15) burglary, robbery, robbery;

16) unlawful actions of third parties due to hooliganism, robbery, arson, explosion (arson under these rules means intentional damage to the insured apartment by using fire);

17) other risks.

Financial risk insurance

The risk of stopping production or reducing production as a result of events specified in the insurance contract.

Risk of job loss (for individuals).

Bankruptcy risk.

Risk of unexpected expenses.

The risk of non-performance (improper performance) of contractual obligations by the counterparty of the insured person who is the creditor in the transaction.

The risk of the insured person incurring court costs (expenses).

Risk of other events.

Title insurance

The risk of losing ownership of property (real estate, cars, etc.).

Liability Insurance

Civil liability insurance of motor vehicle owners

Risk of damage to third parties in connection with the use of the motor vehicle.

Carrier liability insurance

The risk of causing damage to third parties by the insured person acting as a carrier in connection with the use of the means of transport.

Insurance of civil liability of enterprises - sources of increased danger

The risk of causing damage to the environment and third parties in connection with the implementation by the insured person of activities that pose a danger to others.

Professional liability insurance

The risk of causing damage to third parties in connection with the implementation of professional activities by the insured person. These include:

1) medical practice (the risk of poor-quality medical care (service) that caused the occurrence of an insured event - causing harm to health to a third person (patient); death of a third person (patient); resulting disability of a third person (patient); causing harm to health and life of a third person ( patient) a source of increased danger);

2) architectural activity (the risk of errors and omissions in the preparation of plans, specifications, design and tender documentation; the risk of omissions made in the implementation of architectural supervision of construction and installation works; the risk of errors made due to incorrect selection of design loads, design rules and standards) ;

3) construction and installation activities (the risk of errors made during the manufacture of building materials, structures, products; the risk of errors due to the use of materials, parts, assemblies with internal, hidden defects that could not be detected by existing methods of objective control);

4) the activities of auditors (the risk of errors, negligence or omission caused by, for example, the sale and purchase of land plots, buildings, structures, structures, residential and non-residential premises and rights to them; donation, exchange, exchange of land plots, buildings, structures , structures, residential and non-residential premises and rights to them; other transactions);

5) the activities of realtors (the risk of losses that unintentionally arose as a result of legally incorrect execution of transactions, for example, the sale of an apartment without the consent of one of the citizens registered in it at the time of the transaction; recognition of the transaction as invalid by a court decision due to its inadvertent commission by a realtor with an incapacitated citizen or with limited legal capacity citizen without the consent of the guardian);

6) other types of professional activity, for example notarial.

Liability insurance for default

The risk of losses, the occurrence of payment of a penalty to the creditor in connection with the non-performance (improper performance) of an obligation by the insured, including a contractual obligation.

Social insurance risks subject to compulsory social insurance

The federal law "On the Fundamentals of Compulsory Social Insurance" defines the types of social insurance risks (insured events):

1) the need to receive medical care;

2) temporary disability;

3) labor injury and occupational disease;

4) motherhood;

5) disability;

6) the onset of old age;

7) loss of a breadwinner;

8) recognition as unemployed;

9) death of the insured person or disabled members of his family who are dependent on him.

The Federal Law "On Compulsory Social Insurance Against Occupational Accidents and Occupational Diseases" defines the risk of damage (loss) to the health or death of the insured associated with the performance of his obligations under an employment contract (contract) and in other cases established by the specified Federal Law.

Sum insured - the amount of money that is established by federal law and (or) determined by the insurance contract and on the basis of which the amount of the insurance premium (insurance premiums) and the amount of insurance payment are established upon the occurrence of an insured event (Article 10 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation") . The sum insured specified in the insurance contract is:

1) monetary value of the maximum amount of the insurer's obligation for insurance payment;

2) one of the essential conditions of the insurance contract.

The sum insured can be set both separately for each risk accepted for insurance, and for each insured event.

The procedure for establishing the sum insured in property insurance and the procedure for establishing the sum insured in personal insurance differ from each other. When implementing property insurance the sum insured cannot exceed its actual value (insurance value) at the time of conclusion of the insurance contract (Article 947 of the Civil Code of the Russian Federation). In other words, the sum insured in property insurance depends on the actual value of the property. The actual value of property in insurance is called insurance value. For example, the actual cost of a car is 500 thousand rubles, this figure is the insurance value. The parties may not dispute the insured value of the property determined by the insurance contract, unless the insurer proves that he was deliberately misled by the insured.

The Civil Code of the Russian Federation provides for liability for the consequences of insurance in excess of the insurance value (Article 951):

1) if the sum insured specified in the property or business risk insurance contract exceeds the insured value, the contract is void in that part of the sum insured that exceeds the insured value, while the excessively paid part of the insurance premium is not subject to return in this case;

2) if, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the above circumstances are established, it has not been paid in full, the remaining insurance premiums must be paid in the amount reduced in proportion to the reduction in the sum insured;

3) if the overstatement of the sum insured in the insurance contract was the result of fraud on the part of the insured, the insurer has the right to demand that the contract be recognized as invalid and compensation for the losses caused to him by this in an amount exceeding the amount of the insurance premium received by him from the insured.

The same liability is provided for in the event that the sum insured exceeded the insured value as a result of insuring the same object with two or more insurers (double insurance). At the same time, the amount of insurance compensation payable in this case by each of the insurers is reduced in proportion to the decrease in the initial sum insured under the relevant insurance contract.

When implementing personal insurance the sum insured is set by the insurer by agreement with the insured, since the amount of the sum insured in personal insurance is not limited by law and the sum insured can be set at any amount.

The amount of the sum insured prescribed in the insurance contract, both in property and personal insurance, is determined on the basis of the consent of the parties to the voluntary insurance contract: the insured and the insurer. With compulsory insurance, the sum insured is mainly determined by federal law, as a result of which its size does not depend on the wishes of the insured and the insurer.

Insurance payment - the amount of money established by federal law and (or) the insurance contract and paid by the insurer to the insured, the insured person, the beneficiary upon the occurrence of an insured event (Article 10 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Conditions property insurance and (or) civil liability within the sum insured, it may be provided for the replacement of the insurance payment (insurance indemnity) by the provision of property similar to the lost property. Insurance payment under insurance contracts is made in the Russian currency (except for cases when the insurance payment or insurance compensation is made by providing property similar to the lost property) in accordance with the currency legislation of the Russian Federation and the regulatory legal acts of the currency regulation bodies adopted in accordance with it. In case of loss or destruction of the insured property, the insured, the beneficiary has the right to waive his rights to it in favor of the insurer in order to receive from him an insurance payment (insurance indemnity) in the amount of the full sum insured.

When implementing personal insurance insurance payment (sum insured) is made to the insured or a person entitled to receive insurance payment (sum insured) under an insurance contract, regardless of the amounts due to them under other insurance contracts, as well as under compulsory social insurance, social security and in the manner of compensation for harm . When carrying out life insurance, the insurer, in addition to the sum insured, can pay out a part of the investment income in the so-called endowment insurance. When terminating a life insurance contract that provides for the insured person to survive to a certain age or term, or another event occurs, the insured is returned the amount within the limits of the insurance reserve formed in the prescribed manner on the day of termination of the insurance contract (redemption amount). Organizations and individual entrepreneurs are obliged to provide insurers, at their request, with documents and conclusions related to the occurrence of an insured event and necessary to resolve the issue of insurance payment, in accordance with the legislation of the Russian Federation.

The Civil Code of the Russian Federation provides for the grounds for exempting the insurer from the payment of insurance compensation and the sum insured (Article 964). The insurer shall be released from payment of the insurance indemnity and the sum insured (unless otherwise provided by law or the insurance contract) when the insured event occurred as a result of:

1) the impact of a nuclear explosion, radiation or radioactive contamination;

2) military operations, as well as maneuvers or other military measures;

3) civil war, civil unrest of any kind or strikes.

Unless otherwise provided by the property insurance contract, the insurer shall be exempt from paying insurance compensation for losses incurred as a result of seizure, confiscation, requisition, arrest or destruction of the insured property by order of state bodies.

The concept of insurance premium is given in Art. 954 of the Civil Code of the Russian Federation. insurance premium - this is the payment for insurance, which the insured (beneficiary) is obliged to pay to the insurer in the manner and within the time limits established by the insurance contract. According to Art. 11 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", the insurance premium (insurance premiums) is paid by the insured in the currency of the Russian Federation, except for the cases provided for by the currency legislation of the Russian Federation and the regulatory legal acts of the currency regulation bodies adopted in accordance with it.

The amount of the insurance premium is determined by the insurer according to the insurance rates.

Insurance rate, or tariff rate - this is the rate of insurance premium per unit of the sum insured, taking into account the object of insurance and the nature of the insurance risk. Such a definition of the insurance rate (insurance rate) is given by Art. 11 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".

It is generally accepted to consider the amount of 100 rubles as a unit of the sum insured. In compulsory insurance, insurance rates are set in accordance with federal laws on specific types of compulsory insurance. In voluntary insurance, the amount of the insurance rate is determined by the voluntary insurance contract by agreement of the parties (the insured and the insurer) within the framework of the law, but the insurance rate is calculated by the insurer, which is the manufacturer of the insurance service. When calculating the insurance rate (tariff rate), the insurer determines the prime cost and cost of the insurance service. The insurance tariff (tariff rate) is the basis of the insurance premium (insurance premium) paid by the insured for the insurance service. The amount of the insurance premium (insurance premium) must be sufficient to ensure the amount of profit to the insurer. Since an insurance fund is formed from insurance premiums, which goes to cover damage in the event of insured events, the main purpose of insurance rates in voluntary types of insurance is related to the determination and coverage of the probable amount of damage by the insurer per unit of the sum insured. The insurance rate (tariff rate) in international practice is called gross rate.

Gross rate Its structure consists of two parts: net rates и loads. To calculate insurance rates, the insurer uses a system of mathematical and statistical data, which is commonly called actuarial calculations.

Methods for calculating tariff rates are approved by the Federal Insurance Supervision Service (former name - Rosstrakhnadzor). The general principle of calculating the net rate is as follows. The methodology for calculating the net rate for each type of insurance is reduced to determining the average loss ratio of the sum insured for the tariff period (5 or 10 years, adjusted for the amount of the premium). The determination of the net rate for any type of insurance is based on the statistical probability of the occurrence of an insured event, which implies that out of a certain number of insurance objects, only a few are subject to an insured event. According to probability theory, the probability of an event A, which is denoted by P(A), is defined as the ratio of the number of elementary outcomes M that favor the event A to their total number N:

P(A) = M/N

Since the probability is expressed as a proper fraction, in which the numerator is less than the denominator, then M is always less than or equal to N in the limit. In this case, the probability of the event A can be expressed as follows:

0 ≥ Р(А) ≤ 1

It follows that the event A is considered impossible if P(A) is equal to 0. If P(A) is equal to 1, then this event is considered to be reliable, taken place. When the probability of extreme values ​​(0 or 1) is reached, insurance against the occurrence of this event cannot be carried out.

As an example, let's make a calculation for 100 insured objects. Let's assume that the statistics of insurance shows: annually 2 objects from this number are exposed to an insured accident. Let us estimate the probability that in the current year an insured event will occur with any of the 100 insured objects according to formula (1). The probability of an insured event will be equal to 0,02 or 2%. Suppose that in our example, each object is insured for an insurance amount of 300 rubles. At the same time, we remember that the sum insured is the maximum amount of insurance payment for one object. In property insurance, the sum insured is the actual value of the property, in life insurance, the amount of money that the insurer assigns at will. If each object in our example were insured for 300 rubles, then the annual insurance payments would be: 0,02 x 100 x 300 = 600 rubles (here: 0,02 is the probability of an insured event, 100 is the number of insured objects, 300 is the amount insurance payment for one object). Dividing the probabilistic payment by the number of insured objects, we get the share of one insured in the insurance fund. In our example, this share is equal to 6 rubles (600:100= 6 rubles). It is this insurance premium (insurance premium) that each insured must pay with an insurance amount of 300 rubles so that the company has enough funds to pay insurance compensation. If we recalculate the net rate per unit of the sum insured, then it will equal 2 rubles from 100 rubles of the sum insured: 0,02 x 100 = 2 rubles.

The net rate, as can be seen from the example, reflects the degree of risk of the insurer under this insurance contract. The net rate is the part of the insurance rate associated with the formation of the fund for insurance compensation payments. When calculating tariffs, the insurer usually solves a difficult problem: to ensure the maximum amount of insurance liability with the minimum insurance tariff.

Since the net rate is calculated based on the statistical probability of an insured event for a certain number of objects (100 insured objects - in our example), in practice the net rate is adjusted by the correction factor Kn. The coefficient Kn is equal to the ratio of the average insurance payment to the average insurance amount per contract: K_n = C_в: FROM_с, where C_в - the average amount of payment per contract; FROM_с - the average value of the sum insured per contract. Then, according to the formula that determines the "probability of damage", the net rate is calculated from 100 monetary units (CU) of the sum insured:

Т_nc = P(A) x K_n - CU 100, (2)

where K_nc - tariff net rate;

P(A) - the probability of occurrence of the insured event A;

К_n - correction factor.

This formula is used in the following cases:

- when improving tariff rates for existing types of insurance;

- when calculating rates for newly introduced insurance services.

Let's expand the formula

where K_в - the number of payments for a particular period (usually a year);

К_д - the number of contracts concluded in a given year;

С_в - average payment per contract;

С_с - the average sum insured per contract.

As a result, formula (2) takes the form: (3)

where B is the total amount of insurance compensation payments;

C - the total insurance amount of the insured objects.

Formula (3) determines the loss ratio from 100 rubles of the sum insured, which is the basis for clarifying net rates.

After calculating the net rate, the size of the gross rate is determined. To do this, the load is added to the net rate. Strength - this is a part of the insurance tariff, not related to the formation of the insurance compensation payment fund. The burden is added to the net rate in order to cover possible contingencies of the insurer and such costs as the wages of employees of insurance companies, the maintenance of buildings, the purchase of office equipment, advertising costs, etc. The costs are usually set as a percentage of gross rate. Each insurance organization determines the load value individually in accordance with its objective needs, tariff policy, tasks solved with certain types of insurance, as well as competition between insurance companies. The size of the gross bet is calculated by the formula:

Т_б = T_н + N_{Profit center} (4)

Where T_б - gross rate; T_н - net rate;

Н_{Profit center} - load, rub.

In this formula, the values ​​of T_б, T_нH_{Profit center} indicated in absolute terms. But since many expenses are set as a percentage of the gross rate, the gross rate is determined by the formula:

Т_б = T_н + N_mvp = T_н + N_mvp + N_dx Т_в

where H_{Profit center} - load items provided for in the tariff;

Н_д - the share of load items included in the tariff as a percentage of the gross rate.

Let's transform the formula, then:

If all elements of the load are determined as a percentage of the gross rate, then the value of H_MVP'= 0. In this case, formula (5) is simplified and takes the form:

T calculation_б according to formula (5) is carried out without taking into account the risk premium, which, if necessary, is included in the net rate in risk types of insurance. Risk premium T_р is designed to create an annual insurance fund in amounts that ensure the payment of insurance compensation in case of increased losses in natural disasters. The terms "interest rate" and "rate of return" are also used. For example, the expression "rate of return of 30%" means that when making 10 thousand rubles under this insurance contract, the insured (beneficiary) can receive 13 thousand rubles.

Interest rates are divided into effective and nominal. The effective interest rate determines the amount of income received at the end of the year when investing a single amount of money for 1 year. Nominal annual interest rate - the total amount of income received per year when investing a single amount of money with interest accruing at regular intervals a certain number of times during the year according to the compound interest formula with an annual interest rate.

Insurance rates for types of compulsory insurance are established in accordance with federal laws on specific types of compulsory insurance.

Insurance fee - this is an insurance premium paid in installments, that is, in installments, and the terms must be established by the insurance contract (GK RF 954). The insurance contract may determine the consequences of non-payment of regular insurance premiums within the established time limits. If an insured event occurs before the payment of the next insurance premium, the payment of which is overdue, the insurer shall have the right, when determining the amount of insurance compensation payable under a property insurance contract or the sum insured under a personal insurance contract, to set off the amount of the overdue insurance premium.

When drawing up an insurance contract, the insurer does not always assume the risks of the insured in full. The insurer can leave part of the risk to the responsibility of the insured, having previously agreed this issue with him. Such a reception is possible due to the establishment of a franchise by the insurer.

Franchise - this is the exemption of the insurer from compensation for losses not exceeding a certain amount, provided for by the terms of the insurance contract.

The most illustrative examples that clearly explain what a franchise is in practice are motor vehicle insurance contracts. Transport is an expensive property that often gets into emergency situations, as a result of which its owner suffers both significant and minor losses. Suppose a car with a real value of 500 thousand rubles is insured under an insurance contract in which the sum insured is also indicated at 500 thousand rubles. If the car is damaged, then according to the insurance contract, the owner of this property (the insured) must be paid an insurance indemnity reflecting real losses within the specified sum insured. If damage of 300 thousand rubles is caused, the insurer will pay this amount. So, during the validity of the insurance contract, several such cases may occur, and each time the insurer will pay money in the amount of real damage, but within the limits of the sum insured (in our example, 500 thousand rubles). However, as practice shows, while driving, minor damage to the car often occurs, such as a broken side mirror, side glass, or theft of "wipers" (wipers), sidelights and others, which are of little value.

According to the laws of insurance, in order to receive insurance compensation, the insured must document the insured event that occurred. In order to be able to draw up documents, he must call the traffic police to the scene, notify the insurer, the insurance commissioner, etc. Having presented the time and labor costs, the insured decides that it is easier to go and buy a mirror, sidelight and other and do not contact the insurance company. Providing for such situations, the insurer, when drawing up an insurance contract, offers the insured to pay for minor (small) damages at the expense of his, the insured, funds, i.e., offers to take part of the risk on the responsibility of the insured. If the policyholder agrees, the amount of the deductible is written in the insurance contract.

The franchise is divided into conditional and unconditional. Conditional deductible is appointed for those cases when the insurer, according to the insurance contract, will not pay compensation for losses that do not exceed the deductible. For example, if the deductible is set at 5% and the cost of the stolen sidelight does not exceed this percentage, then the policyholder will buy it himself, without contacting the insurance company. But if the actual amount of damage is more than 5%, then the insured will turn to the insurer, and he will pay the money. Unconditional franchise is appointed in those cases when the insurer, indemnifying the damage, deducts the deductible from the amount of insurance indemnity. The parties to the contract (the insured and the insurer) set the amount of the deductible, agreeing on its size with each other (1% or more or less) at the time of drawing up the insurance contract. By establishing a franchise, the insurer can reduce the insurance rate, and the policyholder will be solely responsible for part of the risk during the validity of the insurance contract.

Subrogation - transfer to the insurer of the rights of the insured to compensation for damage (Article 965 of the Civil Code of the Russian Federation).

The insurer that has paid the insurance indemnity (unless otherwise provided by the property insurance contract) shall transfer, within the amount paid, the right to claim that the insured (beneficiary) has against the person responsible for the losses compensated as a result of insurance.

For example, a neighbor flooded the insured apartment of another neighbor living on the floor below, thereby causing material damage. The insurer paid the insured (the neighbor who was flooded) insurance compensation in the amount of real damage - 30 thousand rubles. After that, the insurer claims the right of subrogation to the neighbor - the cause of damage, who is obliged to pay the indicated 30 thousand rubles to the insurer. The right of claim transferred to the insurer shall be exercised by him in compliance with the rules governing relations between the insured (beneficiary) and the person responsible for the losses. The insured (beneficiary) (in the given example - the neighbor who was flooded) is obliged to transfer to the insurer all documents and evidence and inform him of all the information necessary for the insurer to exercise the right of claim that has passed to him. If the policyholder (beneficiary) receives an insurance indemnity from the insurer, but refuses to hand over to him the documents and information about the insured event that has occurred, proving the guilt of the person responsible for the losses (living above the neighbor who caused the damage), the insurer shall be released from payment of the insurance indemnity in full or in the corresponding parts and has the right to demand from the policyholder the return of the overpaid amount of compensation.

The condition of the contract, which excludes the transfer to the insurer of the right to claim against the person who intentionally caused the loss, is void.

In order to ensure the fulfillment of insurance and reinsurance obligations, insurers, in the manner prescribed by the regulatory legal act of the insurance regulatory body, form insurance reserves (Article 26 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). Funds of insurance reserves are used exclusively for making insurance payments, they are not subject to withdrawal to the federal budget and budgets of other levels of the budget system of the Russian Federation. Insurers have the right to invest and otherwise place the funds of insurance reserves in the manner prescribed by the regulatory legal act of the insurance regulatory body (Rosstrakhnadzor). Placement of insurance reserves should be carried out on the terms of diversification, repayment, profitability and liquidity.

When insuring objects of personal insurance, namely life insurance (in accumulative types of insurance), the insurer has the right to provide an insured individual with a loan within the limits of the insurance reserve formed under an insurance contract concluded for a period of at least 5 years. An insurance organization has the right to form a fund of preventive measures in order to finance measures to prevent the occurrence of insured events (Letter of the Ministry of Finance of the Russian Federation dated April 15, 2002 No. 24-00 / KP-51 "On the reserve of preventive measures").

The composition and procedure for the formation of insurance reserves are defined in the Rules for the formation of insurance reserves for insurance other than life insurance (approved by order of the Ministry of Finance of the Russian Federation dated June 11, 2002 No. 51n). These Rules do not apply to insurance medical organizations in terms of operations for compulsory medical insurance.

The calculation of insurance reserves is made by the insurer on the basis of the Regulations on the formation of insurance reserves for insurance other than life insurance.

Each specific insurer is obliged to develop and approve such a Regulation and submit it to the Federal Insurance Supervision Service. The Federal Insurance Supervision Service has developed an approximate Regulation on the formation of insurance reserves for insurance other than life insurance (Appendix to the Letter of the Ministry of Finance of the Russian Federation of October 18, 2002 No. 24-08 / 13), on the basis of which insurers develop their Regulation.

Insurers form insurance reserves for the following types of insurance (“other than life insurance”, as life insurance has different provisions and rules):

1) accident insurance;

2) voluntary medical insurance;

3) medical insurance of citizens traveling abroad;

4) aircraft insurance;

5) combined motor vehicle insurance;

6) insurance of buildings and apartments owned by citizens;

7) insurance of space rockets;

8) insurance of financial risks;

9) auditors' liability insurance;

The rules for the formation of insurance reserves for insurance other than life insurance establish the composition and procedure for the formation of insurance reserves (calculation (estimation) of the amount of insurance reserves, which are an estimate of the insurer's obligations to ensure future insurance payments expressed in monetary terms) under insurance contracts, co-insurance and contracts adopted in reinsurance relating to insurance other than life insurance. Insurance reserves include:

1) reserve of non-wage bonus (RNP);

2) loss reserves;

3) reserve for reported but unsettled losses (RZU);

4) reserve for occurred but unreported losses (IBNR);

5) stabilization reserve (SR);

6) loss equalization reserve for compulsory civil liability insurance of vehicle owners (loss equalization reserve);

7) a reserve for compensation of expenses for the implementation of insurance payments for compulsory insurance of civil liability of vehicle owners in subsequent years (stabilization reserve for compulsory insurance of civil liability of vehicle owners);

8) other insurance reserves (clause 6 of the Rules).

Unearned premium reserve - this is the part of the accrued insurance premium (contributions) under the contract relating to the period of validity of the contract that goes beyond the reporting period (unearned premium), intended to fulfill obligations to ensure future payments that may arise in the following reporting periods.

Provision for reported but unsettled claims is an assessment of the obligations of the insurer to make insurance payments that have not been fulfilled or not fully fulfilled as of the reporting date (end of the reporting period), including the amount of money required by the insurer to pay for expert, consulting or other services related to assessing the amount and reducing damage (harm), inflicted on the property interests of the insured (expenses for the settlement of losses) arising in connection with insured events, the fact of the occurrence of which was declared to the insurer in the reporting or preceding periods in accordance with the procedure established by law or the contract.

Provision for incurred but unreported losses, is an assessment of the obligations of the insurer to make insurance payments, including the costs of settling losses incurred in connection with insured events that occurred in the reporting or previous periods, the fact of the occurrence of which was not declared to the insurer in the reporting or previous periods in the manner prescribed by law or the contract.

stabilization reserve is an assessment of the obligations of the insurer related to the implementation of future insurance payments in the event of a negative financial result from the conduct of insurance operations as a result of factors beyond the control of the insurer, or in the event that the incurred loss ratio exceeds its average value.

The completed loss ratio is calculated as the ratio of the amount of insurance payments made in the reporting period for insured events that occurred in this period, the reserve for reported but unsettled losses and the reserve for incurred but undeclared losses calculated for losses that occurred in this reporting period, to the amount of insurance earned awards for the same period.

Loss equalization reserve is formed during the first three years from the date of the introduction of compulsory civil liability insurance of vehicle owners (i.e. from July 1, 2003) and is an assessment of the insurer's obligations related to the implementation of future insurance payments in the event that the coefficient of realized losses exceeds its calculated value.

Stabilization reserve for compulsory civil liability insurance of vehicle owners is formed to compensate the insurer's expenses for making insurance payments in subsequent years when carrying out compulsory insurance of civil liability of vehicle owners and is an assessment of the insurer's obligations related to the implementation of future insurance payments in the event of a negative financial result from compulsory insurance of civil liability of vehicle owners as a result of actions of factors beyond the control of the insurer.

The insurer calculates insurance reserves as of the reporting date (end of the reporting period) when preparing financial statements.

Calculation of insurance reserves is made on the basis of accounting and reporting data of the insurer based on the information contained in the following journals, which the Insurer is obliged to keep:

1) Register of concluded insurance (co-insurance) contracts;

2) Journal of accounting for losses and early terminated insurance (co-insurance) contracts;

3) Journal of accounting of contracts accepted for reinsurance;

4) Journal of losses under contracts accepted for reinsurance.

The insurer calculates the reinsurer's share in insurance reserves for insurance other than life insurance, simultaneously with the calculation of insurance reserves. At the same time, the share of the reinsurer (reinsurers) is determined for each contract (group of contracts) in accordance with the terms of the reinsurance contract (contracts).

Documents containing data necessary for calculating insurance reserves for each reporting date under each contract shall be kept by the insurer for at least 5 years from the date of full fulfillment of obligations under the contract.

To calculate insurance reserves, contracts are distributed according to the following accounting groups:

- accounting group 1. Insurance (co-insurance) against accidents and illnesses;

- accounting group 2. Voluntary medical insurance (co-insurance);

- accounting group 3. Insurance (co-insurance) of passengers (tourists, sightseers);

- accounting group 4. Insurance (co-insurance) of citizens traveling abroad;

- accounting group 5. Insurance (co-insurance) of means of land transport;

- accounting group 6. Insurance (co-insurance) of air transport means;

- registration group 7. Insurance (co-insurance) of water transport means;

- registration group 8. Insurance (co-insurance) of cargoes;

- registration group 9. Insurance (co-insurance) of goods in the warehouse;

- registration group 10. Insurance (co-insurance) of agricultural crops;

- registration group 11. Insurance (co-insurance) of property, except for those listed in accounting groups 5-10, 12;

- registration group 12. Insurance (co-insurance) of entrepreneurial (financial) risks;

- accounting group 13. Voluntary insurance (co-insurance) of civil liability of motor vehicle owners;

- accounting group 13.1. Compulsory insurance (co-insurance) of civil liability of vehicle owners;

- accounting group 14. Insurance (co-insurance) of the carrier's civil liability;

- accounting group 15. Civil liability insurance (co-insurance) of owners of sources of increased danger, except for that specified in accounting group 13;

- accounting group 16. Professional liability insurance (co-insurance);

- accounting group 17. Insurance (co-insurance) of liability for failure to fulfill obligations;

- registration group 18. Liability insurance (co-insurance), except for those listed in accounting groups 13-17;

- accounting group 19. Contracts accepted for reinsurance, except for reinsurance contracts, in accordance with the terms of which the reinsurer has an obligation to indemnify predetermined liability (clause 14 of the Rules).

Obligations assumed by insurers under insurance contracts in modern insurance are called insurance portfolio (Article 25 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

The insurer may transfer the insurance portfolio (obligations assumed by it under insurance contracts) to one insurer or several insurers (replacement of the insurer) that have licenses to carry out those types of insurance for which the insurance portfolio is transferred and have sufficient own funds, i.e., those that meet the requirements solvency, taking into account the newly assumed obligations. The transfer of the insurance portfolio is carried out in accordance with the procedure established by the legislation of the Russian Federation.

Transfer of the insurance portfolio cannot be carried out in the following cases:

1) conclusion of insurance contracts subject to transfer in violation of the legislation of the Russian Federation;

2) non-compliance by the insurer accepting the insurance portfolio with the requirements of financial stability established by law;

3) the absence of the written consent of the policyholders, insured persons to replace the insurer;

4) the absence in the license issued to the insurer accepting the insurance portfolio of an indication of the type of insurance for which insurance contracts were concluded;

5) the insurer transferring the insurance portfolio does not have assets accepted to secure insurance reserves (except in cases of insolvency (bankruptcy)).

Simultaneously with the transfer of the insurance portfolio, assets are transferred in the amount of insurance reserves corresponding to the transferred insurance liabilities. If the insurance rules of the insurer accepting the insurance portfolio do not comply with the insurance rules of the insurer transferring the insurance portfolio, changes in the terms and conditions of insurance contracts must be agreed with the insured.

LECTURE #3

General provisions on the insurance contract

An agreement is an agreement between two or more persons to establish, change or terminate civil rights and obligations (Article 420 of the Civil Code of the Russian Federation). Relations arising from an insurance contract are regulated by a special chapter. 48 "Insurance" of the Civil Code of the Russian Federation. The parties to the insurance contract are the insurer and the policyholder (beneficiary). The subject of the insurance contract is the establishment of the rights and obligations of the parties related to the provision by the insurer of insurance protection of the property interests of the insured. Under an insurance contract one party (the policyholder) undertakes to pay to the other party (the insurer) a fee (insurance premium) determined by agreement of the parties, and the insurer, upon the occurrence of an event (insurance event) provided for in the contract, undertakes to pay the policyholder or other person specified in the contract (beneficiary) insurance compensation (compensation for damages caused to the policyholder) or another insured person for losses) or the sum insured (the entire maximum amount possible under the insurance contract).

The form of the insurance contract is provided for by Art. 940 of the Civil Code of the Russian Federation: an 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 (Article 969 of the Civil Code of the Russian Federation).

An insurance contract can be concluded in two ways:

1) either by drawing up one document (clause 2 of article 434 of the Civil Code of the Russian Federation);

2) or delivery by the insurer to the policyholder on the basis of his written or oral application of the insurance policy (certificate, certificate, receipt), signed by the insurer. In other words, the insured writes an application to the insurer about the desire to insure something, and the insurer, on the basis of this application, issues an insurance policy to the insured (certificate, certificate, receipt).

When concluding an insurance contract, the insurer shall have the right to apply the standard forms of the contract (insurance policy) developed by him or the association of insurers for certain types of insurance.

Insurance policy. When drawing up an insurance contract, the insurer issues an insurance policy to the insured - a document confirming the conclusion of the insurance contract. In the insurance policy, the insurer reflects the following information:

1) the name of the document - "insurance policy";

2) name, location and bank details of the insurer;

3) last name, first name, patronymic or name of the policyholder, as well as his place of residence (location). If, in addition to the policyholder, there is also a beneficiary (the insured person) in the contract, similar data must be given in relation to him;

4) indication of the object of insurance (insurance interest);

5) the amount of the sum insured;

6) insurance risk;

7) the amount of the insurance premium (contributions), as well as the terms and procedure for their payment;

8) validity period of the insurance contract;

9) the procedure for amending and terminating the contract;

10) other conditions, including additions to the insurance rules or exclusions from them;

11) signature of the insurer and the policyholder.

The insurer issues to the policyholder either a one-time or a general insurance policy. A one-time policy is issued for simple insurance operations - with one item. For example, the policy of the well-known "autocitizen". The insurer issues a general policy when different consignments of homogeneous property (goods, cargo, etc.) are systematically insured. At the same time, insurance on similar conditions for a certain period may, by agreement of the insured with the insurer, be carried out on the basis of one insurance contract (Article 941 of the Civil Code of the Russian Federation). In other words, the policyholder draws up a contract for several homogeneous operations in relation to a group of items within a certain period. When insuring under the general policy, during the period specified in the contract, the subject of insurance is constantly replaced, insurance premiums are paid periodically. Insurance under the general policy can also be carried out with personal insurance. For example, for a certain period of time, the store manager insures (as a gift) buyers against accidents. Systematic insurance of buyers for 1 year by agreement of the insured (director) with the insurer is carried out on the basis of one insurance contract - the general policy. The policyholder is obliged, in respect of each object of insurance falling under the scope of the general policy, to inform the insurer of the information stipulated by such a policy within the period provided for by it, and if it is not provided for, immediately upon receipt thereof. The policyholder is not released from this obligation, even if by the time such information is received, the possibility of losses subject to compensation by the insurer has already passed. At the request of the insured, the insurer is obliged to issue insurance policies for individual consignments of property falling under the scope of the general policy. If the content of the insurance policy does not correspond to the general policy, the insurance policy shall prevail.

Under an insurance contract, the parties undertake to perform certain actions (Articles 929, 934 of the Civil Code of the Russian Federation), which is considered by lawyers as a sign of the consensuality of the contract. consensual agreement is considered valid from the moment of reaching agreement on all essential terms of the contract.

Essential conditions property insurance contracts and personal insurance contracts are regulated by Art. 942 of the Civil Code of the Russian Federation. The transaction is considered invalid if at least one of the essential conditions is not included in the insurance contract.

At the conclusion property insurance contracts an agreement must be reached between the policyholder and the insurer:

1) on certain property or other property interest that is the object of insurance;

2) on the nature of the event, in case of the occurrence of which insurance is provided (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

At the conclusion personal insurance contracts an agreement must be reached between the policyholder and the insurer:

1) about the insured person;

2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

Insurance rules. The conditions under which an insurance contract is concluded can be determined in the standard insurance rules of the corresponding type, adopted, approved or approved by the insurer or an association of insurers (Article 943 of the Civil Code of the Russian Federation, Article 3 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). The rules can be stated:

1) in one document with the contract (insurance policy);

2) on the reverse side of the contract (insurance policy);

3) are attached to the contract (insurance policy), in this case the rules must be handed over to the policyholder at the conclusion of the contract, and in the contract the policyholder must certify by a record the fact of delivery of the rules.

The insurance rules, in accordance with the law, contain the following provisions:

1) on subjects of insurance;

2) on the objects of insurance;

3) about insured events;

4) on insurance risks;

5) on the procedure for determining the sum insured;

6) on the insurance rate;

7) on the insurance premium (insurance contributions);

8) on the procedure for concluding, executing and terminating insurance contracts;

9) on the rights and obligations of the parties;

10) on determining the amount of loss or damage;

11) on the procedure for determining the insurance payment;

12) on cases of refusal in insurance payment;

13) other provisions.

When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules. The policyholder (beneficiary) has the right to refer, in defense of his interests, to the rules of insurance of the relevant type, to which there is a reference in the insurance contract (insurance policy).

The period of validity of the insurance contract is called term of the insurance contract. To determine the term of an insurance contract, the general provisions of the Civil Code of the Russian Federation are applied: the term is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. An insurance contract can be concluded for a period of 2 hours, for a day, and so on (for example, for the duration of a sports competition).

The term of the insurance contract begins (part 1 of article 957 of the Civil Code of the Russian Federation):

1) from the moment of payment of the first insurance premium;

2) from another moment provided for in the contract (for example, from the moment of occurrence of any event).

The insurance contract is real contract, which, according to the Civil Code of the Russian Federation, begins to operate from the moment of transfer of property or funds through it. The contract may provide for a different procedure for its entry into force (Article 957 of the Civil Code of the Russian Federation), including reaching agreement on all its essential terms, and any other moment. The insurance stipulated by the insurance contract shall cover insured events that occurred after the entry into force of the insurance contract, unless the contract provides for a different period for the commencement of the insurance.

Termination of the insurance contract. Upon expiration of the period stipulated by the insurance contract, the insurance contract shall cease to be valid, and the obligations assumed by the insurer under the contract shall be considered fulfilled, even if the insured events did not occur and the insurer did not make payments. If the end of the term of the insurance contract falls on a weekend or holiday, the contract is considered to be terminated on the next business day. For example, if the insurance contract expires on Saturday, April 29, and the insured event occurs on Tuesday, May 2, then the contract is considered to have expired only on Wednesday, May 3.

The insurance contract may terminate early (Article 958 of the Civil Code of the Russian Federation): the insurance contract is terminated before the date for which it was concluded, if after its entry into force the possibility of an insured event has disappeared and the existence of an insured risk has ceased due to circumstances other than an insured event. These circumstances include:

1) loss of the insured property for reasons other than the occurrence of an insured event;

2) termination in accordance with the established procedure of entrepreneurial activity by a person who has insured entrepreneurial risk or the risk of civil liability associated with this activity;

3) refusal of the policyholder (beneficiary) from the insurance contract at any time, if by the time of refusal the possibility of an insured event has not disappeared due to the above circumstances.

Thus, early termination of the insurance contract may be due to objective (not dependent on the will of the insured) or subjective reasons. objective reason is the disappearance of the need for insurance due to the termination of the possibility of an insured event due to circumstances not related to the insured event. In case of early termination of the insurance contract due to the above circumstances, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.

In case of early refusal of the insured (beneficiary) from the insurance contract, the insurance premium paid to the insurer shall not be refunded, unless otherwise provided by the contract.

By virtue of special laws, the period of insurance is established by these laws. For example, the term of the contract of compulsory liability insurance of motor vehicle owners (OSAGO) is 1 year, except for cases for which the same law provides for other periods of validity of such an agreement. The compulsory insurance contract is automatically extended for the next year, if the policyholder has not notified the insurer of the refusal to renew it no later than 2 months before the expiration of this contract, even if the policyholder has delayed the payment of the insurance premium for the next year (but not more than 30 days ).

The rights of the insured. The insured has the right:

1) demand insurance services, and an insurer that has a license for the required type of insurance does not have the right to refuse;

2) receive from the insurer information regarding its financial stability and not being a commercial secret;

3) to insure your property and your life both with one insurer and with several insurers (co-insurance);

4) appoint beneficiaries (individuals or legal entities) to receive insurance payments under insurance contracts;

5) replace the insured person or beneficiary;

6) receive an insurance payment within the limits of the insurance amount specified in the contract upon the occurrence of insured events stipulated in the contract;

7) receive monetary compensation in case of rendering poor-quality services by the insurer in accordance with the Law "On Protection of Consumer Rights";

8) compensate for moral damage;

9) apply to the court for the protection of rights arising from the insurance contract.

Obligations of the insured. When concluding an insurance contract, the insured has obligations in accordance with the law (Article 944 of the Civil Code of the Russian Federation). Policyholder obligated at the time of execution of the insurance contract inform the insurer of the circumstances known to the insured that are essential for determining the probability of an insured event and the amount of possible losses from its occurrence (insured risk), if these circumstances are unknown and should not be known to the insurer. During the execution of the insurance contract, the insurer finds out specific material circumstances: he asks questions to the policyholder, and the policyholder answers, or the insurer requests the policyholder in writing. Then the found out material circumstances are stipulated by the insurer in the insurance contract (insurance policy) or in his written request. For example, when insuring an apartment, if the policyholder knows at the time of signing the insurance contract that he plans to remove the wall separating two rooms during the term of the contract in order to get one large bedroom, this is a significant circumstance. In this case, the probability of an insured event increases, since the removed wall may be a load-bearing structure and, as a result, the entire apartment may be destroyed. If the insurance contract is concluded in the absence of answers from the insured to any questions of the insurer, the insurer cannot subsequently demand termination of the contract or its recognition as invalid on the grounds that the relevant circumstances were not reported by the insured. If, after the conclusion of the insurance contract, it is established that the policyholder has knowingly provided the insurer with false information about the above circumstances, the insurer has the right to demand that the contract be declared invalid. The insurer may not demand the recognition of the insurance contract as invalid if the circumstances, which the policyholder has kept silent about, have already disappeared. In order for the insurance contract to come into effect, the insured is obliged to pay the insurance premium to the insurer (clause 1, article 954 of the Civil Code of the Russian Federation).

During the validity period of the property insurance contract, the insured (beneficiary) is obliged to immediately inform (notify) the insurer of significant changes that have become known to him in the circumstances reported to the insurer at the conclusion of the contract, if these changes can significantly affect the increase in insurance risk (clause 1 of article 959 of the Civil Code RF). For example, if the policyholder did not know at the time of the insurance contract that he would later come up with the idea of ​​redevelopment of the apartment, and when the contract began, the policyholder decided to remove the interior wall, he must notify the insurer about this. Failure to fulfill this obligation gives the insurer the right to refuse to pay insurance compensation.

The policyholder under a property insurance contract is obliged to inform the insurer about all insurance contracts concluded with respect to the same property from several insurers.

The policyholder is obliged to ensure the safety of the insured property during the validity period of the insurance contract.

In the event of an insured event, the policyholder is obliged to:

1) take measures under the circumstances to reduce possible losses;

2) inform the insurer about the occurrence of an insured event (clause 1, article 961 of the Civil Code of the Russian Federation) within the time limits specified in the insurance contract. If the policyholder notified the insurer orally, then he must confirm such a message subsequently in writing;

3) follow the instructions of the insurer on taking measures to reduce losses in the event of an insured event;

4) call the competent authorities (police, state fire supervision, emergency services, etc.) to the place of the insured event.

If the policyholder has deliberately failed to take reasonable and accessible measures to save and preserve the insured property in order to reduce damage, then the insurer is legally exempted from paying insurance compensation in full or in part.

The insured must transfer all documents and evidence to the insurer and inform him of all the information necessary for exercising the right of claim transferred under subrogation (clause 3 of article 965 of the Civil Code of the Russian Federation).

Under property insurance contracts, the insured must notify the insurer upon the transfer of rights to the insured property, if the insurable interest of one person disappears, and the other appears. For example, an insured apartment is sold and has a new owner. The former owner lost interest in keeping the apartment, but the new one appeared. When transferring rights to an insured apartment, the new owner does not need to conclude a new insurance contract, since he has the right only to notify the insurer in writing. In this case, the insurer does not have the right to prevent the transfer of rights under the insurance contract or demand changes in the terms of the contract. If the property is insured under the general policy, then the policyholder is obliged to inform the insurer of the information stipulated by the policy regarding each insured lot of property (clause 2, article 941 of the Civil Code of the Russian Federation).

The policyholder is not entitled to receive insurance payment if the insured event occurs:

1) as a result of an intentional act (action or omission) committed by the policyholder, which caused the occurrence of an insured event;

2) as a result (for example, when insuring a vehicle) of driving a vehicle under the influence of alcohol, narcotic or toxic substances by the policyholder or transferring control to a person who is in a state of alcoholic, narcotic or toxic intoxication, or to a person who does not have the right to drive this vehicle ;

3) as a result of exposure to a nuclear explosion, radiation or radioactive contamination;

4) as a result of military operations, as well as maneuvers or other military measures;

5) as a result of civil war, civil unrest or strikes.

The rights of the insurer. When concluding a property insurance contract or a personal insurance contract, the insurer has the right to assess the risk (Article 945 of the Civil Code of the Russian Federation). The insurer must know how much he is risking, assuming obligations to protect the risk. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an examination in order to establish its actual value. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.

Obligations of the insurer. The insurer is obliged to accept for insurance all objects for the right to conduct insurance activities of which he has a permit, i.e. a license. The insurer does not have the right to refuse the policyholder if he applied to him with an application for personal insurance or, for example, for insurance under the OSAGO Law.

Upon the occurrence of an event specified in the contract, the insurer is obliged to compensate the insured for the losses caused by these events, or to pay in full the entire amount stipulated by the contract within the period established by the contract or law. Having received a notification of an insured event from the insured, the insurer is obliged to draw up two copies of the insurance act (emergency certificate) and attach to it acts of examination, acts of depreciation of property objects, acts on the destruction of worthless damaged property, as well as calculations of the amount of damage and insurance compensation. The insurer sends one copy of the act to the insured. If the insurer has not made the insurance payment within the established period, he is obliged to pay the policyholder a fine in the amount of 1% of the amount of the insurance payment for each day of delay.

If the policyholder has incurred expenses in the course of actions to mitigate losses from an insured event, even if attempts to mitigate the damage were unsuccessful, the insurer is obliged to pay compensation to the policyholder for the losses incurred. The insurer is obliged to observe the secrecy of insurance (Articles 139, 150 of the Civil Code of the Russian Federation). He does not have the right to disclose information received as a result of his professional activities about the insured, the insured person and the beneficiary, the state of their health and personal life, as well as the property status of these persons. The insurer is obliged to compensate for the losses caused by these actions if he divulged commercial or other official secrets.

Rights of the beneficiary. The rights and obligations under the insurance contract arise for the beneficiary only if he agrees to this. If the person in whose favor the insurance contract is concluded does not wish to become a beneficiary, he or she may waive the rights of a beneficiary.

Obligations of the beneficiary. The beneficiary, who has the right to receive the expected insurance compensation under the insurance contract, acquires not only rights, but also obligations. The policyholder, having concluded the contract, for any reason may completely withdraw from the performance of his further obligations. In this case, the beneficiary acquires the obligations of the insured. In order for the insurance contract to come into effect, the beneficiary is obliged to pay the insurance premium to the insurer (clause 1, article 954 of the Civil Code of the Russian Federation), if the insured has not done so. If the policyholder has not informed the insurer about significant changes in circumstances that entail a change in the insured risk, then the beneficiary is obliged to do this, since otherwise the insurance contract will be terminated in accordance with the law, in addition, all losses caused by its termination will have to be compensated. Or if, upon the occurrence of an insured event, the insured did not notify the insurer of this, the beneficiary is obliged to inform him of this (clause 1, article 961 of the Civil Code of the Russian Federation). The beneficiary, as well as the insured, upon the occurrence of an insured event, is obliged to take all reasonable and possible measures in a particular situation to reduce losses, while following the instructions of the insurer, if any (clause 1, article 962 of the Civil Code of the Russian Federation). The beneficiary is obliged in case of inaction of the insured to document the fact of occurrence of the insured event. The beneficiary, as well as the insured, is obliged to transfer to the insurer all documents and evidence and provide him with all the information necessary to exercise the right to claim that has passed through subrogation (clause 3 of article 965 of the Civil Code of the Russian Federation).

The insurer, evaluating its ability to pay insurance compensation, determines the risk of the obligations assumed before the execution of the insurance contract. To do this, he conducts an inspection of the insured property or an examination of the insured person, after which he accepts (or does not accept) the risk for insurance. For example, the owner of real estate insured the apartment in case of its destruction as a result of unforeseen fires, falling of any objects. At the same time, the insurer assessed the risk: fires in this area are quite rare, planes flying in the air do not fall, so the risk of destroying the apartment is negligible. However, during the validity period of the insurance contract, circumstances may change, as a result of which the risk of the insurer will increase: suddenly the owner of the insured apartment decides to redevelop and remove one of the walls to expand the living room, and this wall is a load-bearing structure, due to violation of which the entire apartment may collapse . The consequences of an increase in insurance risk during the validity period of the insurance contract are defined in Art. 959 of the Civil Code of the Russian Federation. According to this article, during the period of validity of the property insurance contract, the insured (beneficiary) is obliged to immediately inform the insurer of significant changes that have become known to him in the circumstances reported to the insurer at the conclusion of the contract, if these changes can significantly affect the increase in insurance risk. Changes specified in the insurance contract (insurance policy) and in the insurance rules transferred to the insured are recognized as significant. The re-planning of the apartment is a significant change, as a result of which the risk of the insurer increases, and the insured is obliged to notify him of this. The insurer, notified by the insured (beneficiary) of the circumstances entailing an increase in the insured risk, has the right to demand a change in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in risk. If the insured (beneficiary) objects to changing the terms of the insurance contract or additional payment of the insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for in Ch. 29 of the Civil Code of the Russian Federation.

If the insured or the beneficiary did not notify the insurer of the increase in insurance risk, the insurer has the right to demand termination of the insurance contract and compensation for losses caused by the termination of the contract (clause 5, article 453 of the Civil Code of the Russian Federation). The insurer is not entitled to demand termination of the insurance contract if the circumstances entailing an increase in the insured risk have already disappeared. For example, the owner of an apartment first decided to do redevelopment, and then changed his mind about doing it.

Other examples of an increase in insurance risk during the validity period of an insurance contract are a change in the owner of property as a result of alienation, leasing, storage, collateral, change of location, refurbishment, etc.

In case of personal insurance, the consequences of a change in the insured risk during the validity period of the insurance contract may occur only if they are expressly provided for in the contract.

Legal relations arising from the conclusion of a personal insurance contract are regulated by Art. 934 of the Civil Code of the Russian Federation. Upon the occurrence of insured events stipulated by the personal insurance contract, one party (the insurer) undertakes to pay the other party (the insured) the sum insured stipulated by the contract. The contract is considered valid on the condition that the policyholder, during the execution of the insurance contract, paid the insurer a fee - the insurance premium stipulated by the contract.

Insured events, each of which must be specified in the contract, can be:

1) causing harm to life or health to the insured himself or to another citizen (insured person) named in the contract;

2) achievement by the insured of a certain age;

3) the occurrence in the life of the policyholder of another event (insured event) provided for by the contract.

The right to receive the sum insured belongs to the person in whose favor the contract is concluded. The contract of personal insurance can be concluded by the insured:

1) in favor of the policyholder himself, when the policyholder himself appoints himself as the insured person, i.e. one person is both the policyholder and the insured person at the same time;

2) in favor of the insured person, when the policyholder appoints not himself as the insured person, but another person in whose life the policyholder is interested, for example, the insured wife appoints the husband as the insured person, or the insured mother appoints the child as the insured person.

A feature of a personal insurance contract is the presence of an insured person in it. The policyholder has the right to appoint a beneficiary, which may be the insured person. If the policyholder wishes to appoint a beneficiary other than the insured person, he can do this only on one condition: with the written consent of the insured person (Article 934 of the Civil Code of the Russian Federation). In the absence of such consent, the contract may be declared invalid at the claim of the insured person, and in the event of the death of this person - at the claim of his heirs. Several persons can be appointed as a beneficiary, in which case the share of each of them as a percentage of the amount of insurance coverage must be indicated in the contract. If the beneficiary is not specified in the contract, then in the event of the death of the insured person, the insured insurance coverage is paid to the heirs of the insured person in accordance with the law.

The property insurance contract is regulated by art. 929 of the Civil Code of the Russian Federation. The parties to the property insurance contract are the insurer and the policyholder. Under a property insurance contract one party, i.e. the insurer, undertakes, for the fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurable event) provided for in the contract, to compensate the other party - the policyholder or other person in whose favor the contract was concluded (beneficiary), caused as a result of this event losses in the insured property or losses in connection with other property interests of the insured (to pay insurance compensation) within the amount specified by the contract (sum insured). One of the essential conditions of the contract of property insurance is the object of insurance - property interest. Property interest - this is an interest based on the law, other legal act or contract in the preservation of this property (Article 930 of the Civil Code of the Russian Federation) (for example, the interest in maintaining an apartment with the owner of real estate). A property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property is invalid. Property interests that can be insured under a property insurance contract:

1) the risk of loss (death), shortage or damage to certain property (Article 930 of the Civil Code of the Russian Federation);

2) the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931, 932 of the Civil Code of the Russian Federation);

3) the risk of losses from entrepreneurial activities due to a breach of their obligations by the counterparties of the entrepreneur or a change in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving expected income - entrepreneurial risk (Article 933 of the Civil Code of the Russian Federation).

Property may be insured under an insurance contract in favor of a person (insured or beneficiary) who has an interest based on law, other legal act or contract in the preservation of this property (Article 930 of the Civil Code of the Russian Federation). A property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property is invalid. A property insurance contract in favor of the beneficiary may be concluded without specifying the name or designation of the beneficiary (insurance "at whose expense"). When concluding such an agreement, the policyholder is issued an insurance policy to the bearer. When the policyholder or beneficiary exercises rights under such an agreement, it is necessary to present this policy to the insurer.

The property insurance contract must contain information about:

1) the policyholder;

2) property to be insured (number of rooms, total footage, description of finishes);

3) the nature of the events for which insurance is provided (for example, death, loss or damage as a result of fire, flood, etc.);

4) sum insured;

5) insurance value;

6) the location of the property (for example, the address of the parking (garage) of the car, the address of the property, as well as the floor occupied by it, the year of construction, etc.);

7) the date of the last repair;

8) availability, type and condition of communications and networks (in case of real estate insurance);

9) the presence of security and (or) security or fire alarms (if any, a brief description is required);

10) other features that are of great importance for determining the degree of risk (for example, for real estate - the presence of bars on windows, a steel front door, etc.);

11) the beneficiary;

12) other insurance contracts in respect of the said property.

Liability insurance contracts relate to property insurance. A liability insurance contract can only be concluded in favor of the injured person (clause 3, article 931, clause 3, article 932 of the Civil Code of the Russian Federation). Features of the liability insurance contract is that the appointment of the beneficiary does not depend on the will of the parties to the contract, the parties do not have the right to appoint a specific person as the beneficiary.

A specific beneficiary in liability insurance contracts appears only at the time of the occurrence of events against which the insured has insured his liability, and any injured person must present a claim for payment to the insurer (clause 1, article 430 of the Civil Code of the Russian Federation). The injured persons have a property interest as a result of harm to their life, health or property. Unlike a property insurance contract, which is always concluded only in favor of the interested person, or a personal insurance contract, which is also concluded in favor of the interested person, a liability insurance contract is never concluded in favor of the interested person.

A feature of the business risk insurance contract, which also applies to property insurance, is that such an agreement can only be concluded in favor of the insured (Article 933 of the Civil Code of the Russian Federation). Only the entrepreneur himself can be the insured under the business risk insurance contract, therefore, according to the law, he is obliged to appoint only himself as the beneficiary. Therefore, in the business risk insurance contract, the beneficiary is not appointed at all, since the appointment of the beneficiary in such contracts is not an essential condition by virtue of Art. 933 of the Civil Code of the Russian Federation. The business risk insurance contract of a person who is not the policyholder is invalid.

LECTURE #4

Insurance payment

Making insurance payments upon the occurrence of insured events is the main obligation of the insurer.

Under insurance payment Part 3 Art. 10 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" understands the amount of money established by federal law and (or) the insurance contract and paid by the insurer to the policyholder, the insured person, the beneficiary upon the occurrence of an insured event.

The insurance payment is the amount that a person actually receives in each specific case during the period of validity of the insurance contract within the sum insured. In order for the person in whose favor the insurance contract was concluded to be able to receive an insurance payment, it is necessary to draw up the documents established by law, which are confirmation of the fact of the occurrence of an insured event.

The insurance payment is paid in the currency of the Russian Federation (in rubles), in some cases, the legislation may provide for exceptions to this rule. If the insurance payment is delayed, the insurer, in accordance with Art. 395 of the Civil Code of the Russian Federation pays the insured a penalty (if it is provided for by the rules, the insurance contract) or interest on the amount not paid on time.

The insurance payment has an unequal name in the contracts of personal and property insurance. According to property insurance contracts, the insurance payment is called insurance compensation, as the insurer compensates for the losses incurred as a result of the insured event.

Upon the occurrence of an insured event provided for by a property insurance contract, the insured (beneficiary) is obliged to notify the insurer (his representative) of the occurrence of an insured event immediately or within the time and in the manner specified in the insurance contract (Article 961 of the Civil Code of the Russian Federation). For example, call by phone, or personally visit the insurer, or notify by mail, and then present to the insurer an application for payment of insurance compensation in connection with an insured event, as well as the original insurance policy, documents from the competent authorities confirming the occurrence of the insured event, its cause and circumstances .

The insurer, after receiving a notification from the insured (beneficiary) about the insured event, proceeds to draw up an insurance act (drawn up by an insurance company specialist) or an accident certificate (drawn up by a specialist of an accident commissioner company - an accident commissioner). Further, the insurer attaches to the insurance certificate (accident certificate) as evidence, acts of examination, acts of depreciation of property objects, acts on the destruction of unusable damaged property, as well as calculations of the amount of damage and insurance compensation.

After registration of all necessary documents, the insurer, within the time established by the rules (contract) of insurance (usually from 3 to 7 days), pays insurance compensation to the insured (beneficiary) in cash or by bank transfer.

In case of damage, the insurer pays the amount of actual damage within the sum insured. In case of death (destruction) of the insured object, the insurer pays the sum insured in full. The amount reimbursed by the insurer may also include other expenses, for example, those that the insured (beneficiary) incurred when following the instructions of the insurer in order to reduce losses during the rescue of property, even if the corresponding measures were unsuccessful (from Article 962 of the Civil Code of the Russian Federation).

The insurance contract may provide for the replacement of the insurance payment (insurance indemnity) by the provision of property similar to the lost property.

The law grants the right to the insured (beneficiary) to refuse partially damaged property in favor of the insurance company and receive insurance compensation in the amount of the full sum insured abandon, from fr. abandon - "refusal"). The rules on abandonment are enshrined in the Code of Merchant Shipping of the Russian Federation, but are absent in the general rules of insurance.

According to personal insurance contracts, the insurance payment has, by virtue of different laws, different names (synonyms): "sum insured", "insurance provision" and "insurance payment".

According to the Civil Code of the Russian Federation (part 1 of article 934), under a personal insurance contract, one party (the insurer) undertakes to pay a lump sum or pay periodically the amount stipulated by the contract (sum insured) in the event of harm to the life or health of the insured himself or another citizen (insured person) named in the contract, he reaches a certain age or the occurrence in his life of another event (insured event) provided for by the contract. The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" calls the insurance payment "sum insured". Some special laws regulating compulsory insurance are called insurance payment insurance provision.

For example, in insurance coverage in accordance with Part 11 of Art. 3 of the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" includes: temporary disability benefits, actual insurance payments and payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of an insured event. Insurance coverage under special laws may include the payment of pensions, annuities (consecutive payments made within the time limits established by the insurance contract, for example, annually, semi-annually, quarterly, monthly or at other intervals), annuities (a fixed amount paid periodically on personal insurance contracts).

In cases provided for by law, the insurer may be released from the obligation to pay insurance payments. The insurer has the right to refuse the insurance payment if the insured (beneficiary) does not fulfill its obligation to immediately notify the insurer of the occurrence of an insured event.

If the insured event occurred as a result of the intent of the insured, beneficiary or insured person, except as otherwise provided by law, then the insurer, in accordance with Part 1 of Art. 963 of the Civil Code of the Russian Federation is exempt from the payment of insurance compensation (or the sum insured).

Gross negligence of the insured, which resulted in the occurrence of an insured event, may be the basis for the release of the insurer from the payment of insurance compensation under property insurance contracts.

gross negligence it is considered to be a manifestation by a person of obvious negligence, imprudence or failure to show the degree of care and diligence that was required of him by the nature of the obligation and the conditions of turnover. These are situations when a person did not foresee the onset of adverse events, but due to the circumstances of the case he could foresee or foresaw, but, overestimating his strength, considered it possible to prevent. In other cases, the negligence of the policyholder, beneficiary or insured person is not a basis for releasing him from this obligation to pay insurance compensation. The above reasons are not grounds for releasing the insurer from the obligation to pay insurance indemnity under liability insurance contracts for causing harm to the life or health of another person, since the fault (liability) of the tortfeasor is insured.

The basis for the release of the insurer from the obligation to pay insurance compensation (or the sum insured), unless otherwise provided by law or contract, is also the occurrence of an insured event due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions. Part 1 Art. 963 of the Civil Code of the Russian Federation even provides for specific cases of force majeure:

1) the impact of a nuclear explosion, radiation or radioactive contamination;

2) military actions, as well as maneuvers or other military measures;

3) civil war, civil unrest of any kind or strikes.

The insurer does not indemnify for losses resulting from the commission by the competent authorities of actions expressing the state will (such as seizure, confiscation, requisition, arrest or destruction of the insured property by order of the state authorities).

LECTURE #5

Characteristics of the types of personal insurance

Personal insurance is one of the ways to protect and compensate for losses associated with harm to human life and health. The objects of personal insurance in accordance with Art. 4 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" there may be property interests related to:

1) with the survival of citizens to a certain age or period, death, the onset of other events in the life of citizens (life insurance);

2) with causing harm to the life, health of citizens, the provision of medical services to them (insurance against accidents and diseases, medical insurance).

Life insurance is a branch of personal insurance, it provides obligations of the insurer for insurance payments in cases of:

1) survival of the insured person until the end of the insurance period or the age specified in the insurance contract;

2) death of the insured;

3) expiration of the insurance contract;

4) the insured person reaches a certain age;

5) death of the breadwinner;

6) permanent disability;

7) current payments (annuities) during the validity period of the insurance contract, etc.;

8) pension payments (annuity, annuity).

Accident and illness insurance provides for the obligations of the insurer for insurance payments in a fixed amount or in the amount of partial or full compensation for additional expenses of the insured caused by the occurrence of an insured event (a combination of both types of payments is possible). The scope of liability of the insurer under insurance contracts against accidents and illnesses includes the obligation to make an insurance payment stipulated by the insurance contract or by law. upon the occurrence of the following cases:

1) in case of harm to the health of the insured as a result of an accident or illness;

2) upon the death of the insured as a result of an accident or illness;

3) in case of loss (permanent or temporary) of working capacity (general or professional) as a result of an accident and illness, with the exception of types of insurance related to health insurance.

Accident - an unusual, unforeseen, specific event that causes damage to the health of the insured person in the form of damage to organs and tissues or his involuntary death as a result of external, violent, sudden and beyond the control of the victim.

Temporary disability - the inability of the insured person to perform work in accordance with the employment contract (contract) due to a health disorder. The procedure for establishing temporary disability, as well as disability and occupational disease, is determined by the laws and other regulatory documents of the Russian Federation.

There is compulsory insurance against accidents at work, which is carried out by virtue of special laws, and voluntary insurance against accidents.

The amount of the sum insured under life insurance and accident insurance contracts is established by agreement of the parties. The amount of the insurance premium (insurance fee) is calculated depending on the amount of the sum insured, the insured risks against which the insurance is carried out (insurance events), the term of insurance and tariff rates. The insurance rate depends on the age, profession of the insured, as well as other factors affecting the degree of risk of an insured event. Payment for personal insurance is carried out in the following ways: in cash, by bank transfer or in another way by agreement of the parties that does not contradict the current legislation. The Agreement shall enter into force on the day following the day of payment of the first (one-time) insurance premium, but another term for the entry into force of the Agreement may be established.

Cumulative insurance - This is a type of human life insurance, in which the insured events are the death of the insured person or his survival to a certain age. Upon the occurrence of an insured event "reaching a certain age", the insured person is paid insurance coverage in the amount of the sum insured established under the contract. Upon the occurrence of an insured event "death of the insured person", insurance coverage is paid to the beneficiary in the amount of the sum insured established under the contract. The policyholder concludes an insurance contract with the insurer for a certain period (1, 2 years, etc.), appoints the insured person, the beneficiary, indicates the amount of the insurance amount that he wants to accumulate for this period. In this case, the insured person can be either himself or another person in whose life he is interested. Then the insured saves money, as if in a savings bank, only the insurer performs the functions of a savings bank. And this type of accumulation differs from banking in that the life of the insured person is insured for the entire desired amount of money, although the insured will save it for a long time. The meaning of such an accumulation is that if a fatal outcome occurs with the insured person at any stage of the accumulation of money, then the insurance amount will be paid in full to the beneficiary.

Accumulation period determines the insured himself within the terms, the duration of which is provided by the insurer. At the end of the term of the contract, the insured person (or the beneficiary in the event of the death of the insured person) receives the accumulated amount with interest that the insurer charges on the insurance premiums paid. Interest - this is a part of the investment income received by the insurer from the placement of insurance reserves (paragraph 2, clause 6, article 10 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

Modern insurers offer numerous options for accumulative life insurance, which can be combined with accident insurance, serious illness insurance, etc. If the insured wishes to terminate the accumulative insurance contract, he may require the insurer to return the accumulated funds under certain conditions.

LECTURE #6

Property insurance

Currently, insurers offer to conclude insurance contracts for a variety of property, in the preservation of which the insured has an insurable interest: real estate, vehicles, cargo, personal items (for example, fur coats), electronic equipment, mobile phones, furniture, household equipment, electrical appliances, commodity -material values ​​(finished products, raw materials, commodity stocks), crops, domestic animals, etc. The list of property used by a modern citizen is quite large, but the insurer undertakes to insure not any property. The insurer may not take on insurance, for example, documents and business books, cash and securities, manuscripts, drawings, photographs, slides, models, layouts, indoor plants, seeds, seedlings, pet birds, aquariums, etc. Does not take for insurance it is such property that is located in an area where natural disasters often occur, as well as property located in public places (in sheds, cellars, basements, corridors, stairwells, attics, etc.).

All types of property insurance are divided into There are three main types of property insurance contracts:

1) property insurance contract;

2) liability insurance contract;

3) business risk insurance contract.

These contracts have their own specifics of execution on

the stage of concluding a contract, when paying insurance compensation.

When concluding a property insurance contract, the insured (beneficiary) must have an interest in preserving the insured property, otherwise such an agreement is invalid (Article 930 of the Civil Code of the Russian Federation).

under insurance interest the interest of the insured or beneficiary in the preservation of property should be understood. The insurer is obliged to establish the existence of an insurable interest among policyholders at the time of concluding an insurance contract (Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 28, 2003 No. 75 "Overview of the practice of considering disputes by courts related to the execution of insurance contracts"; clause 1, article 65 Arbitration Procedure Code of the Russian Federation of July 24, 2002 No. 95-FZ (Arbitration Procedure Code of the Russian Federation).

Risks that are insured under property insurance contracts and insured events are discussed in the lecture "Insured risks, insured events". The amount of the sum insured is discussed in the lecture "Insured sum, insurance payment". Within the limits of the amount (sum insured) determined by the contract, losses are compensated to the insured or another person in whose favor the contract is concluded (the beneficiary).

Object of insurance means of ground transportation are the property interests of the person on whose insurance the contract is concluded, related to the possession, use, disposal of the vehicle, as a result of damage or destruction (theft, theft) of the ground vehicle. Land transport insurance is a set of types of insurance that provide for the obligation of the insurer to compensate for the damage (in whole or in part) caused to the object of insurance.

Object of insurance means of air transport are the property interests of the person whose insurance contract is concluded, related to the possession, use, disposal of an aircraft, due to damage or destruction (hijacking, theft) of an air transport vehicle, including engines, furniture, interior decoration, equipment, etc. Air transport insurance is a set of types of insurance that provide for the obligation of the insurer to compensate for the damage (in whole or in part) caused to the object of insurance.

Object of insurance means of water transport are the property interests of the person on whose insurance the contract is concluded (the insured person), related to the possession, use, disposal of a watercraft, due to damage or destruction (hijacking, theft) of a water transport vehicle, including motors, rigging, interior decoration, equipment, etc. Water transport insurance is a set of types of insurance that provide for the obligation of the insurer to compensate for the damage (in whole or in part) caused to the object of insurance.

Cargo insurance is a set of types of insurance that provide for the obligations of the insurer for insurance payments in the amount of full or partial compensation for damage caused to the object of insurance. At the same time, the object of insurance Goods are the property interests of the person on whose insurance the contract is concluded (the insured person), related to the possession, use, disposal of the cargo, due to damage or destruction (loss) of the cargo (goods, baggage or other cargo), regardless of the method of its transportation. Cargo insurance is a set of types of insurance that provide for the obligation of the insurer to compensate for the damage (in whole or in part) caused to the object of insurance.

The object of insurance is the property interests of the person whose insurance contract is concluded (the insured person), related to the possession, disposal, use of property, due to damage or destruction of property other than means of air transport, water transport, cargo.

Financial risk insurance is a set of types of insurance that provide for the obligations of the insurer for insurance payments in the amount of full or partial compensation for the loss of income (additional expenses) of the person on whose insurance the contract is concluded (insured person), caused by the following events:

1) stopping production or reducing the volume of production as a result of specified events;

2) job loss (for individuals);

3) bankruptcy;

4) unforeseen expenses;

5) non-performance (improper performance) of contractual obligations by the counterparty of the insured person who is the creditor in the transaction;

6) court costs (expenses) incurred by the insured person;

7) other events.

LECTURE #7

Liability Insurance

Liability Insurance before third parties is a type of property insurance. The object of insurance is the property interests of the person on whose insurance the contract is concluded (the insured person) associated with the obligation of the latter, in accordance with the procedure established by civil law, to compensate for the damage caused by him to third parties. The subject of insurance is a person - bearer of civil liability.

Object of insurance civil liability of vehicle owners are the property interests of the person on whose insurance the contract is concluded (the insured person) associated with the obligation of the latter, in accordance with the procedure established by civil law, to compensate for the damage caused by him to third parties in connection with the use of the motor vehicle.

Object of insurance carrier's civil liability are the property interests of the person on whose insurance the contract is concluded (the insured person) associated with the obligation of the latter, in accordance with the procedure established by civil law, to compensate for the damage caused to third parties in connection with the use of the means of transport by the insured acting as a carrier.

Object of insurance civil liability of enterprises - sources of increased danger are the property interests of the person on whose insurance the contract is concluded (the insured person) associated with the obligation of the latter, in accordance with the procedure established by civil law, to compensate for the damage caused to the environment and third parties in connection with the insured person's activities that pose a danger to others.

Object of insurance professional responsibility are the property interests of an individual whose insurance contract is concluded (the insured person), related to the obligation of the latter, in accordance with the procedure established by law, to compensate for the damage caused to third parties in connection with the insured person's professional activities:

1) notarial activities;

2) medical practice;

3) other types of professional activity.

Object of insurance liability for failure to fulfill obligations are the property interests of the person whose insurance contract is concluded (the insured person), who is the debtor, associated with the obligation of the latter in accordance with the procedure established by civil law to compensate for losses, pay a penalty to the creditor in connection with the non-performance (improper performance) of the insured obligation, including number of contractual obligations.

Object of insurance other types of civil liability are the property interests of the person on whose insurance the contract is concluded (the insured person), related to the obligation of the latter, in the manner prescribed by civil law, to compensate for the damage caused by him to third parties, except for the cases provided for in paragraphs of lectures 2-6.

LECTURE #8

Compulsory insurance

Compulsory insurance is imposed for certain categories of policyholders by federal laws that provide for specific types of compulsory insurance. Compulsory insurance relations are also subject to the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" in terms of establishing the legal framework for regulating insurance relations. An example compulsory insurance serves the OSAGO Law, called in everyday life "autocitizen". Avtograzhdanka regulates compulsory liability insurance for car owners for all individuals and legal entities using vehicles in their activities. For many years, car owners' civil liability insurance was carried out as voluntary insurance, for which insurers had licenses. It remains voluntary to this day. However, in 2003, the OSAGO Law introduced compulsory civil liability insurance for car owners. Insurers licensed for the voluntary type of this insurance hastened to obtain a special license for the same type of insurance, which gives the right to carry out compulsory insurance. It cannot be assumed that after the introduction of the mandatory "autocitizenship" throughout the Russian Federation, it does not make sense for insurers to have a voluntary "autocitizenship" in the arsenal of their services. The fact is that the OSAGO Law provides for the obligation of car owners to conclude an insurance contract for 420 thousand rubles. But if this amount seems insignificant to the car owner, then he has the right to apply to the insurer with an application for the conclusion of a voluntary "car citizen" and insure his civil liability for any desired amount. In voluntary insurance "autocitizen" the sum insured is not limited. Thus, voluntary and compulsory third party liability insurance successfully coexist within the same insurance company. The following example of compulsory insurance: compulsory fire insurance according to art. 28 of the Federal Law of December 21, 1994 No. 69-FZ "On Fire Safety" are required to be carried out by all Russian enterprises, foreign legal entities, enterprises with foreign investments that conduct business activities in the territory of the Russian Federation. The list of examples of compulsory insurance can be continued by the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation", which must be performed by all banks entered in the prescribed manner in the register of banks and participating in the deposit insurance system ( the bank is a member of the deposit insurance system from the day it is registered until the day it is deregistered in the deposit insurance system).

Mandatory liability insurance is also subject to: space activities in accordance with the Law of the Russian Federation of August 20, 1993 No. 5663-I "On space activities", environmental insurance, which is provided for by the Federal Law of January 10, 2002 No. 7-FZ "On environmental protection" . Payment in the implementation of compulsory types of insurance must be made at the expense of the insured, however, the exception is compulsory insurance of passengers, which in certain cases provided for by law, can be carried out at their expense, and compulsory state insurance, which is carried out at the expense of budgetary funds (Article 969 of the Civil Code of the Russian Federation ). It should be noted that Art. 935 of the Civil Code of the Russian Federation regulates the fact that a citizen cannot be obliged to insure his life or health.

In other words, at present, no one can force a person to insure his life or health on a compulsory (compulsory) basis. In this regard, not a single federal law on the obligation of citizens to insure their lives has been adopted. A person can insure his own life only on a voluntary basis. At the same time, such an obligation may be imposed on a legal entity (laws on compulsory state insurance).

A person to whom federal law has charged insurance obligations should not violate the law, since he is liable to the beneficiary. Liability (Article 937 of the Civil Code of the Russian Federation) lies in the fact that in the event of an accident, if this person has not taken out insurance in accordance with the law, he is obliged to pay money to the victim in the same amount as if the insurance company had done it. In addition to these payments, the said person shall be charged, at the claim, the amounts unjustifiably saved by him, and interest shall be charged on these amounts in accordance with Art. 395 of the Civil Code of the Russian Federation. The Civil Code of the Russian Federation also provides for the following: a person in whose favor compulsory insurance must be carried out by law, has the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by a person who is entrusted with the duty of insurance.

LECTURE #9

Compulsory state insurance

Compulsory state insurance is a measure of social protection for certain categories of civil servants of the Russian Federation and provides for insurance of their life, health and property. Compulsory state insurance is carried out directly on the basis of laws and other legal acts on such insurance. It differs from other groups of compulsory insurance, conditioned by special laws, in that it is carried out by state institutions at the expense of funds allocated for these purposes from the relevant state budget (Article 927 of the Civil Code of the Russian Federation). The laws regulating compulsory state insurance indicate the insurers who are authorized to carry out such insurance, as well as the persons who are obliged to be the insured.

The subjects of compulsory state insurance are state institutions and certain categories of individuals. According to Art. 969 of the Civil Code of the Russian Federation "Compulsory state insurance" state institutions are required to be life and health insurers of the following persons:

1) military personnel;

2) citizens called up for military training;

3) members of the private and commanding staff of the internal affairs bodies of the Russian Federation;

4) employees of institutions and bodies of the penitentiary system;

5) employees of the federal bodies of the tax police;

6) employees, military personnel and employees of the State Fire Service.

All these categories of persons are provided with insurance guarantees by virtue of special laws.

Yes, subject to compulsory state personal insurance at the expense of the federal budget in the amount of 180 salaries (official salaries) established on the day of payment, all employees of the personnel of foreign intelligence agencies (Article 22 of the Federal Law of January 10, 1996 No. 5-FZ "On Foreign Intelligence"). In this case, the insurer is the foreign intelligence agency of the Russian Federation, which is managed by the President of the Russian Federation.

Mandatory state insurance life, health and property are subject judges at the expense of the federal budget. At the same time, the life and health of a judge are subject to insurance in the amount of his fifteen-year salary (Article 20 of the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the Status of Judges in the Russian Federation"). On compulsory state insurance of judges It is also stated in the Federal Law of April 20, 1995 No. 45-FZ "On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies". According to this Law, the following categories of persons are subject to compulsory state insurance:

1) judges of all courts of general jurisdiction and arbitration courts, arbitration assessors, jurors;

2) prosecutors;

3) investigators;

4) persons conducting the inquiry;

5) persons carrying out operational-search activities;

6) employees of the federal bodies of internal affairs who protect public order and ensure public safety, as well as the execution of sentences, rulings and decisions of courts (judges) in criminal cases, decisions of investigative bodies and prosecutors:

a) employees of institutions and bodies of the penitentiary system;

b) military personnel of the internal troops of the Ministry of Internal Affairs of the Russian Federation who were directly involved in the suppression of the actions of armed criminals, illegal armed groups and other organized criminal groups;

7) employees of the Federal Security Service;

8) bailiffs;

9) employees of the control bodies of the President of the Russian Federation, exercising control over the implementation of laws and other regulatory legal acts, identifying and suppressing offenses;

10) employees of federal bodies of the State Guard;

11) employees of customs and tax authorities, federal bodies of State control, the Federal Financial Monitoring Service, the Accounts Chamber of the Russian Federation, as well as other categories of state and municipal employees according to the list established by the Government of the Russian Federation;

12) relatives of the persons listed in clauses 1-11.

Insurance guarantees military personnel, specified in the above paragraph 6.2, and their right to compensation for harm is ensured in accordance with the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel". Federal Law No. 28-FZ dated March 1998, 52 "On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, the State Fire Service, and Traffic Control Bodies" narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system and employees of the federal tax police." This Law is implemented by the relevant ministries and departments. Based on this Law, the insurer is, for example, the Ministry of Justice of Russia. From the day the service begins to the day the service ends, the life and health of employees of institutions and bodies of the penitentiary system of the Ministry of Justice of Russia are objects of compulsory state insurance of the Ministry of Justice of Russia (Order of the Ministry of Justice of the Russian Federation dated April 13, 2006 No. 114 "On approval of the Instruction on conducting compulsory state insurance life and health of employees of institutions and bodies of the penitentiary system).

The above list of laws imposing compulsory state insurance is not exhaustive.

Usually the insurer compulsory state insurance is an insurance company selected on the basis of a competition that has a permit (license) to carry out compulsory state insurance. The insured, namely the competent officials who are representatives of the insured and responsible for the implementation of compulsory state insurance, are obliged to familiarize the insured persons with the rules for the implementation of compulsory state insurance, the procedure for drawing up the documents necessary for making a decision on the payment of sums insured, with the method of paying out the sums insured. Competent officials of the insured persons (beneficiaries) are obliged to assist them in requesting and processing the documents necessary for making a decision on the payment of sums insured. Officials who are guilty of an unjustified refusal to provide and issue to the insured persons (beneficiaries) the documents necessary for making a decision on the payment of sums insured shall be held liable in accordance with the procedure established by the legislation of the Russian Federation. In order to promptly make payments of insurance sums and exclude cases of their delay in the personnel apparatus, which draws up the relevant documents, a register of issuance and sending of documents on compulsory state life and health insurance of employees necessary for making a decision on the payment of insurance sums should be kept.

LECTURE #10

Compulsory social insurance

Compulsory social insurance is carried out in our country, which complies with the generally recognized principles and norms of international law. Compulsory social insurance is a part of the state system of social protection of the population, the specifics of which is the insurance of working and non-working citizens carried out in accordance with federal law against a possible change in material and (or) social status, including due to circumstances beyond their control.

Compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social status of working citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to their recognition as unemployed, labor injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium treatment and the onset of other social insurance risks established by the legislation of the Russian Federation, subject to compulsory social insurance.

Regulates relations in the system of compulsory social insurance Federal Law of July 16, 1999 No. 165-FZ "On the Basics of Compulsory Social Insurance", but this Law does not apply to compulsory state insurance, which is regulated by special legislation of the Russian Federation. The law defines:

1) the legal status of subjects of compulsory social insurance;

2) grounds for the emergence and procedure for exercising their rights and obligations;

3) liability of subjects of compulsory social insurance;

4) establishes the bases of state regulation of compulsory social insurance.

The Law "On the Fundamentals of Compulsory Social Insurance" establishes the basic principles for the implementation of compulsory social insurance. The main principles for the implementation of compulsory social insurance are:

1) the stability of the financial system of compulsory social insurance, ensured on the basis of the equivalence of insurance coverage and insurance premiums;

2) the universal mandatory nature of social insurance, the availability for insured persons to implement their social guarantees;

3) state guarantee of observance of the rights of insured persons to protection against social insurance risks and fulfillment of obligations under compulsory social insurance, regardless of the financial situation of the insurer;

4) state regulation of the system of compulsory social insurance;

5) parity of participation of representatives of subjects of compulsory social insurance in the management bodies of the system of compulsory social insurance;

6) obligatory payment by insurers of insurance contributions to the budgets of funds of specific types of compulsory social insurance;

7) responsibility for the targeted use of compulsory social insurance funds;

8) ensuring supervision and public control;

9) autonomy of the financial system of compulsory social insurance.

The Law "On the Fundamentals of Compulsory Social Insurance" also determined types of insurance coverage for compulsory social insurance, such as:

1) payment to a medical institution of expenses related to the provision of the necessary medical care to the insured person;

2) old age pension;

3) disability pension;

4) survivor's pension;

5) allowance for temporary disability;

6) benefit in connection with work injury and occupational disease;

7) allowance for pregnancy and childbirth;

8) monthly allowance for caring for a child until he reaches the age of one and a half years;

9) unemployment benefit;

10) a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

11) a one-time allowance for the birth of a child;

12) allowance for sanatorium treatment;

13) social benefit for burial;

14) payment for vouchers for sanatorium treatment and health improvement of employees and their families.

The Law "On the Fundamentals of Compulsory Social Insurance" provides that specific types of compulsory social insurance (for working and non-working citizens) should be determined by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, as well as laws and regulatory legal acts of the constituent entities of the Russian Federation. Such laws and regulations shall establish:

1) specific types of compulsory social insurance;

2) the circle of persons subject to compulsory social insurance and entitled to insurance coverage;

3) conditions of appointment and the amount of insurance coverage;

4) liability of subjects of compulsory social insurance;

5) other conditions of such insurance.

An example of a specific type of compulsory social insurance is compulsory social insurance against industrial accidents and occupational diseases in accordance with the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases". This Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of duties under an employment contract (contract) and in other cases established by the Law. The law provides:

1) ensuring social protection of the insured and economic interest of insurance subjects in reducing occupational risk;

2) compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract (contract) and in other cases established by the Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and vocational rehabilitation;

3) ensuring preventive measures to reduce industrial injuries and occupational diseases.

An integral part of state social insurance is compulsory health insurance. The law establishing this type of compulsory social insurance is the Law of the Russian Federation of June 28, 1991 No. 1499-I "On the medical insurance of citizens in the Russian Federation."

The state manages the system of compulsory social insurance in accordance with the Constitution of the Russian Federation and the legislation of the Russian Federation. Compulsory social insurance is carried out by insurers created by the Government of the Russian Federation in accordance with federal laws on specific types of compulsory social insurance.

The organizational and legal form of insurers is determined by the federal law on a specific type of compulsory social insurance. Insurers carry out operational management of the means of compulsory social insurance, which are federal state property. The state exercises control over the system of compulsory social insurance.

The state has created a financial system of compulsory social insurance, part of which is the established budget fund, formed from certain sources.

Sources of cash receipts in the budgets of compulsory social insurance are:

1) insurance premiums, which are transferred by insurers-employers;

2) subsidies, other funds of the federal budget, as well as funds of other budgets in cases provided for by the legislation of the Russian Federation;

3) fines and penalties;

4) funds reimbursed to insurers as a result of recourse claims against insured persons liable for causing harm;

5) income from the placement of temporarily free funds of compulsory social insurance;

6) other receipts that do not contradict the legislation of the Russian Federation.

The budgets of funds for specific types of compulsory social insurance are approved by federal laws for each regular financial year. An example is the Federal Law of December 22, 2005 No. 173-FZ "On the budget of the Social Insurance Fund of the Russian Federation for 2006".

Draft federal laws on the budgets of funds for specific types of compulsory social insurance for the next financial year are submitted to the State Duma by the Government of the Russian Federation in accordance with the procedure established by federal law.

A feature of the budgets of compulsory social insurance funds is that they are not part of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets. Misappropriation of funds from the budgets of compulsory social insurance is not allowed. The responsibility of officials who allowed the misappropriation of these funds in accordance with the legislation of the Russian Federation was established.

For each specific financial year, the Government of the Russian Federation submits for consideration to the Federal Assembly of the Russian Federation reports on the execution of budgets for compulsory social insurance, which are then approved by federal laws. Funds from the budgets of compulsory social insurance funds are not subject to withdrawal.

Compulsory social insurance funds are kept in the accounts of the Central Bank of the Russian Federation, as well as in the accounts of other banks, the list of which is determined by the Government of the Russian Federation. There is no fee for banking services for operations with compulsory social insurance funds.

The state guarantees the stability of the financial system of compulsory social insurance. In the event of a shortage in this financial system of funds to ensure the payment of pensions and benefits, payment for medical care, sanatorium treatment and other expenses established by federal laws, the Government of the Russian Federation, when developing a draft federal law on the federal budget for the next financial year, provides for subsidies to the financial system of mandatory social insurance in amounts that make it possible to ensure payments for compulsory social insurance established by federal laws on specific types of compulsory social insurance.

The Law "On the Fundamentals of Compulsory Social Insurance" provides for the procedure for considering and resolving disputes on issues of compulsory social insurance.

The insurer, within 10 working days from the date of receipt, is obliged to consider a written application of the insured or the insured person on controversial issues arising in the field of compulsory social insurance.

The insurer is obliged to inform the applicant about the decision taken in writing within 5 working days after consideration of such an application. If the policyholder or the insured person does not agree with the decision taken by the insurer, the dispute is subject to resolution in the higher instances of the insurer or in court in the manner prescribed by the legislation of the Russian Federation.

LECTURE #11

Health insurance

Created in Russia health insurance system, containing a system of measures intended for the social protection of the interests of the population in the protection of health. Health insurance is provided in two types - compulsory (CMI) and voluntary (VHI) - in accordance with health insurance programs.

The legal, economic and organizational foundations of medical insurance are contained in the Law of the Russian Federation "On medical insurance of citizens in the Russian Federation". The law is aimed at strengthening the interest and responsibility of the population and the state, enterprises, institutions, organizations in protecting the health of citizens in the new economic conditions. The law ensures the constitutional right of citizens of the Russian Federation to medical care. Purpose of health insurance - to guarantee citizens, in the event of an insured event, the receipt of medical care through the accumulation of funds and to finance preventive measures. The object of medical insurance is the insured risk associated with the cost of medical care in the event of an insured event. Compulsory health insurance is an integral part of state social insurance. It provides all citizens of the Russian Federation with equal opportunities to receive medical and pharmaceutical care provided at the expense of compulsory medical insurance in the amount and on conditions corresponding to compulsory medical insurance programs. Voluntary health insurance (VHI) is carried out on the basis of the free will of the insured and the insurer and is an additional health insurance.

The health insurance system provides for:

1) medical insurance of citizens of the Russian Federation;

2) medical insurance for citizens of the Russian Federation who are abroad, carried out on the basis of bilateral agreements between the Russian Federation and the countries of residence of citizens;

3) medical insurance of foreign citizens temporarily staying in the Russian Federation;

4) medical insurance of foreign citizens permanently residing in the Russian Federation and having the same rights and obligations in the field of medical insurance as citizens of the Russian Federation, unless otherwise provided by international treaties.

The rights of citizens of the Russian Federation in the system of medical insurance are determined. On the territory of the Russian Federation, stateless persons have the same rights and obligations in the health insurance system as citizens of the Russian Federation.

Citizens have the right to:

1) compulsory and voluntary medical insurance;

2) choice of a medical insurance company;

3) the choice of a medical institution and a doctor in accordance with the contracts of compulsory and voluntary medical insurance;

4) receiving medical care throughout the territory of the Russian Federation, including outside the permanent place of residence;

5) receipt of medical services corresponding in volume and quality to the terms of the contract, regardless of the amount of the actually paid insurance premium;

6) filing a claim against the policyholder, medical insurance organization, medical institution, including for material compensation for damage caused through their fault, regardless of whether it is provided for in the health insurance contract or not;

7) repayment of a part of insurance premiums for voluntary medical insurance, if it is determined by the terms of the contract.

Compulsory health insurance currently subject to all citizens of Russia (working and non-working) from birth. From the moment of conclusion of an employment contract, a working citizen is subject to the norms relating to compulsory medical insurance in accordance with the Law of the Russian Federation "On Medical Insurance of Citizens in the Russian Federation" and regulations adopted in accordance with it. In other words, the employer is obliged to provide the employee with a compulsory medical insurance policy. Non-working citizens independently receive a compulsory medical insurance policy at an insurance medical organization. For newborn children, the parents receive the CHI policy by applying to the insurance medical organization on their own.

A citizen, having a compulsory insurance policy, receives free medical services when applying for medical care at a medical institution. However, he has the right to receive free of charge only a list of medical services specified by law. For young children who have a nominal compulsory medical insurance policy, this document is submitted by parents when applying to a medical institution. Medical services are free for citizens because they are paid from the compulsory health insurance funds.

The state has developed a basic program of compulsory health insurance, on the basis of which territorial programs of obligatory medical insurance. The volume of medical care provided to insured persons in accordance with the contract of compulsory medical insurance is determined by the approved territorial program of compulsory medical insurance of the population. The scope and conditions for the provision of medical care provided for by territorial programs cannot be lower than those established in the basic program (Article 22 of the Law of the Russian Federation "On Medical Insurance of Citizens in the Russian Federation"). The territorial program of compulsory medical insurance must contain a state-guaranteed list, volume and conditions for the provision of medical services to the population of a certain territory, payment for which is made at the expense of compulsory medical insurance.

Territorial programs operate in certain areas throughout the country. For example, on the territory of the Saratov region, a territorial fund for compulsory medical insurance of the Saratov region was created, from which the territorial program of compulsory medical insurance for residents of the Saratov region is financed. The territorial program of compulsory medical insurance is approved by the bodies of territorial administration in pursuance of the Law of the Russian Federation "On medical insurance of citizens in the Russian Federation". An example is the resolution of the governor of the Saratov region dated March 18, 1998 No. 143 "On the territorial program of compulsory medical insurance for the population of the Saratov region for 1998". This territorial program contains a list of types of medical institutions and activities (see Appendix 1), conditions and scope of medical care (see Appendix 2), types of medical care (see Appendix 3), volume and conditions for the provision of medical services financed from the territorial fund of obligatory medical insurance of the Saratov region.

The financial resources of the state system of compulsory medical insurance are formed at the expense of deductions from insurers for compulsory medical insurance. To implement the state policy in the field of compulsory medical insurance, the Federal and territorial funds of compulsory medical insurance have been created as independent non-profit financial and credit institutions. Mandatory health insurance funds are designed to accumulate financial resources for compulsory health insurance, ensure the financial stability of the state system of compulsory health insurance and equalize financial resources for its implementation. The financial resources of the mandatory medical insurance funds are state-owned by the Russian Federation. They are not included in the composition of budgets, other funds and are not subject to withdrawal. Due to insurance premiums paid by all categories of insurers, insurance reserves of these funds are formed. The normative base for the payment of insurance premiums to the compulsory health insurance funds is made up of annually adopted laws on the tariffs of insurance premiums, in accordance with which policyholders must pay insurance premiums. For quite a long time, insurers paid these contributions as independent contributions, but from January 1, 2002, the indicated insurance premiums for compulsory health insurance were canceled as independent due to the fact that Ch. 24 of the Tax Code of the Russian Federation (TC RF), a unified social tax was introduced. Insurance premiums intended for the formation of reserves for compulsory medical insurance funds are included in the unified social tax (Article 234 of the Tax Code of the Russian Federation).

The normative base for the payment of insurance premiums to the compulsory health insurance funds is formed by the annually adopted laws on the tariffs of insurance premiums, according to which, since 1993, notaries engaged in private practice are subject to compulsory medical insurance and must pay insurance premiums.

Compulsory health insurance is carried out in the form of an agreement concluded between the subjects of health insurance. The subjects of compulsory health insurance are a citizen, an insured, a medical insurance organization, a medical institution. Subjects of health insurance must fulfill obligations under the concluded contract in accordance with the legislation of the Russian Federation. An insurance medical organization and a medical institution perform different functions, which are discussed in detail during the lecture.

CHI insurers, The following persons are payers of insurance premiums:

1) for the non-working population (pensioners, children, pupils and full-time students) - executive authorities of the constituent entities of the Russian Federation and local governments;

2) for the working population:

a) organizations and individual entrepreneurs that are employers;

b) private notaries, lawyers;

c) individuals who have concluded employment contracts with employees, as well as paying remuneration under civil law contracts, on which, in accordance with the legislation of the Russian Federation, taxes are charged in the part to be credited to the compulsory medical insurance funds.

All of these categories of insurers are required to:

1) conclude an agreement on compulsory medical insurance with an insurance medical organization;

2) pay insurance premiums in accordance with the procedure established by the Law and the medical insurance contract;

3) within its competence, take measures to eliminate adverse factors affecting the health of citizens;

4) provide the insurance medical organization with information on the health indicators of the contingent subject to insurance;

5) register as an insurer in the territorial compulsory health insurance fund in the manner prescribed by Art. 9.1 of the Law of the Russian Federation "On medical insurance of citizens in the Russian Federation".

Insurers are required to register with the territorial compulsory health insurance fund and conclude a compulsory health insurance contract with an insurance medical organization. Insurers are obliged to issue an insurance medical policy in the hands of every citizen in respect of whom a medical insurance contract has been concluded.

The procedure for registration of policyholders in the territorial fund of compulsory medical insurance and the form of the certificate of registration of the policyholder are established by the Government of the Russian Federation (Article 9.1 of the Law of the Russian Federation "On Medical Insurance of Citizens in the Russian Federation"). Insurers-organizations and individual entrepreneurs must register with the territorial CHI fund within five days from the date of their state registration, insurers - private notaries - no later than 30 days from the date of receipt of a license for the right to notarial activities. Insurers-lawyers are required to register no later than 30 days from the date of issue of the lawyer's certificate. Insurers - individuals who have concluded employment contracts with employees, as well as paying remuneration under civil law contracts on which taxes are charged, are required to register no later than 30 days from the date of conclusion of the relevant contracts. Insurers-organizations with separate subdivisions must register no later than 30 days from the date of creation of a separate subdivision. Policyholders - public authorities and local governments are required to register no later than 30 days from the date of their establishment.

Insurance medical organizations can only be legal entities - business entities of any form of ownership that have the authorized capital necessary for the implementation of medical insurance and have received licenses in the prescribed manner from Rosstrakhnadzor, which is under the jurisdiction of the Ministry of Finance of the Russian Federation. According to the Decree of the Council of Ministers - the Government of the Russian Federation of October 11, 1993 No. 1018 "On Measures to Implement the Law of the Russian Federation" On Introducing Amendments and Additions to the Law of the RSFSR "On Medical Insurance of Citizens in the RSFSR", medical insurance organizations providing compulsory medical insurance must have an authorized capital in the amount of at least 1200 times the minimum monthly wage on the day of registration of the legal entity The license is valid for conducting compulsory health insurance in the territory specified in it.

Insurance medical organizations providing compulsory medical insurance should not be part of the healthcare system, and health management bodies and medical institutions do not have the right to be founders of insurance medical organizations.

An insurance medical organization, except for medical insurance, is not entitled to carry out other types of insurance activities, but has the right to simultaneously conduct compulsory and voluntary medical insurance. The insurance medical organization is not entitled to refuse the insured, if he applied with an application for the conclusion of a contract of compulsory medical insurance.

The main task of the insurance medical organization, which is engaged in the implementation of compulsory medical insurance, is:

1) payment for medical care provided to the population in accordance with the territorial program of compulsory medical insurance and compulsory medical insurance contracts;

2) control over the volume and quality of medical services ("Regulations on insurance medical organizations providing compulsory medical insurance".

The insurance medical organization has the right:

1) freely choose medical institutions for the provision of medical care and services under medical insurance contracts;

2) participate in the accreditation of medical institutions;

3) establish the amount of insurance premiums for voluntary medical insurance;

4) take part in the determination of tariffs for medical services;

5) file a claim in court against a medical institution and/or a medical worker for material compensation for physical or moral damage caused to the insured through their fault.

The insurance medical organization is obliged:

1) carry out activities on compulsory health insurance on a non-commercial basis;

2) conclude contracts with medical institutions for the provision of medical care to insured persons under compulsory medical insurance;

3) conscientiously fulfill all the conditions of the concluded agreements;

4) create insurance reserves in accordance with the established procedure;

5) protect the interests of the insured.

Licensing of insurance medical organizations. In order to streamline the activities of insurance medical organizations that carry out compulsory medical insurance, the Government of the Russian Federation approved Resolution No. 29 dated March 1994, 251 "On Approval of the Rules for Licensing the Activities of Insurance Medical Organizations Providing Compulsory Medical Insurance". This resolution approved the Rules for Licensing the Activities of Medical Insurance Organizations Providing Compulsory Medical Insurance. In accordance with the Rules, the licensing of the activities of insurance medical organizations that carry out compulsory medical insurance is carried out by the Federal Insurance Supervision Service. Licensing of the activities of insurance medical organizations that carry out voluntary medical insurance is also carried out by the Federal Insurance Supervision Service, but in accordance with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". The activity of an insurance medical organization, the licensing procedure of which is determined by the Rules, is understood as the conduct of compulsory medical insurance on a non-commercial basis in accordance with:

1) with a territorial program of compulsory medical insurance;

2) with compulsory medical insurance contracts;

3) with agreements with medical institutions on the provision of medical care to insured persons;

4) with the provision of insured persons with medical insurance policies;

5) with the implementation of control over the volume, quality and duration of the provision of medical services and protection of the interests of the insured persons.

The rules are mandatory for all insurance medical organizations, regardless of their form of ownership, that carry out compulsory medical insurance in the territory of the Russian Federation. To obtain a license, an insurance medical organization submits to the Federal Service for Insurance Supervision an application in the form in accordance with Appendix 2 as follows: documents:

1) notarized copies of constituent documents and a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities;

2) documents confirming the payment of the authorized capital (bank certificate, acts of acceptance and transfer of fixed assets, other documents);

3) a copy of the balance sheet of the medical insurance organization as of the last reporting date with the statement of financial results attached;

4) a territorial program of compulsory medical insurance, approved in accordance with the legislation of the Russian Federation;

5) the rules of compulsory medical insurance, approved by the executive authority of the constituent entity of the Russian Federation. The rules of compulsory medical insurance must be accompanied by samples of contracts with insurers and medical institutions and insurance policies that correspond to those approved in the prescribed manner;

6) information about the head of the insurance medical organization and his deputies in the prescribed form.

Insurance medical organizations bear the responsibility provided for by the legislation of the Russian Federation for the accuracy of the information specified in the documents submitted for consideration of the issue of issuing a license. The Federal Insurance Supervision Service is obliged to consider applications from medical insurance organizations for the issuance of licenses within a period not exceeding 60 days from the date of submission of documents by the license applicant. The Federal Insurance Supervision Service bears responsibility, provided for by the legislation of the Russian Federation, for the timely issuance of licenses, the safety of documents submitted by an insurance medical organization for obtaining a license, and non-disclosure of information specified in these documents. The license is issued in the prescribed form for a period of 1 year or more on the grounds determined by the Federal Insurance Supervision Service, and contains the following details:

1) full name of the insurance medical organization;

2) legal address of the insurance medical organization;

3) the name of the territory where the license is valid;

4) the number and date of the decision of the Federal Insurance Supervision Service to issue a license;

5) the signature of the head (his deputy) of the Federal Insurance Supervision Service and the official seal;

6) registration number according to the State Register of Medical Insurance Organizations.

The license number must be indicated in the compulsory medical insurance contracts that the insurance medical organization concludes with the insured. For the issuance of each license, the Federal Insurance Supervision Service charges insurance medical organizations a fee in the amount of five times the minimum monthly wage established by the legislation of the Russian Federation; if it is necessary to issue a duplicate license, the fee is charged in the same amount. The funds received are directed by the Federal Insurance Supervision Service to the federal budget. The insurance medical organization is obliged to inform the Federal Insurance Supervision Service of changes made to the constituent documents within one month from the date of registration of these changes in the prescribed manner and submit copies of documents confirming the registration of the changes made.

The basis for refusal to issue a license to a legal entity may be the non-compliance of the documents attached to the application with the requirements of the legislation of the Russian Federation. The Federal Insurance Supervision Service shall notify the medical insurance organization in writing of the refusal to issue a license, indicating the reasons for the refusal. The Federal Service for Insurance Supervision exercises control over the activities of an insurance medical organization in the following way. If violations of the requirements of the legislation of the Russian Federation and the Licensing Rules are revealed, the Federal Insurance Supervision Service may suspend or terminate the license. The basis for this are:

1) systematic non-fulfillment by the insurance medical organization of obligations under the contracts of compulsory medical insurance;

2) the refusal of the insurance medical organization to submit the documents requested by the Federal Insurance Supervision Service related to the conduct of compulsory medical insurance;

3) establishing the fact that the insurance medical organization provided false information in the documents that served as the basis for issuing a license;

4) systematic untimely notification by the medical insurance organization about making changes and additions to the constituent documents;

5) representation of the territorial fund of compulsory medical insurance, which established violations of the legislation of the Russian Federation in the activities of an insurance medical organization.

An insurance medical organization, by a court decision, may be deprived of a license for the right to engage in medical insurance for an unreasonable refusal to the insured to conclude a contract of compulsory medical insurance. The insurance organization bears legal and material liability to the insured party or the insured for failure to comply with the terms of the medical insurance contract. Liability is provided for by the terms of the medical insurance contract. Payment for the services of medical institutions by insurance companies is carried out in the manner and within the terms stipulated by the agreement between them, but no later than one month from the date of submission of the payment document. Responsibility for late payments is determined by the terms of the health insurance contract.

If violations are detected in the activities of an insurance medical organization, the Federal Insurance Supervision Service issues an order to eliminate them, and in case of failure to comply with the instructions, suspends or terminates the license (from the date such a decision is made). The Federal Insurance Supervision Service informs the insurance medical organization in writing about the decision made. The Federal Insurance Supervision Service has the right to revoke a license if the violations that served as grounds for the termination of the license are not eliminated within the established time limits. The Federal Insurance Supervision Service notifies the Federal Compulsory Medical Insurance Fund, the Territorial Compulsory Medical Insurance Fund and publishes information about these decisions in the press.

The decision to cancel the suspension of a license is made by the Federal Insurance Supervision Service when the insurance medical organization submits a report on the elimination of violations that caused the suspension of the license, and, if necessary, based on the results of an audit of the activities of the insurance medical organization.

In case of termination of the license, its re-issuance is allowed no earlier than 6 months after the termination of the previous license and is carried out in the manner prescribed by the Licensing Rules.

The actions of the Federal Insurance Supervision Service may be appealed by the insurance medical organization in the manner prescribed by the legislation of the Russian Federation.

In the event of liquidation or reorganization of an insurance medical organization, the license is returned to the Federal Insurance Supervision Service, and the entry in the register is cancelled.

The Federal Insurance Supervision Service monthly publishes data on medical insurance organizations that have been issued (suspended or terminated) licenses, indicating:

1) name, location of the insurance medical organization;

2) territories where the license is valid;

3) the number and date of the decision of the Federal Insurance Supervision Service to issue (suspend, terminate) the license.

Medical institutions - these are independent economic entities with any form of ownership that provide medical care to citizens in the health insurance system (Article 20 of the RF Law "On Health Insurance of Citizens in the Russian Federation"). Medical institutions build their activities on the basis of contracts with insurance medical organizations that pay for medical services to help citizens. An agreement concluded by a medical institution with an insurance medical organization is an agreement providing for the provision of therapeutic and preventive care (medical services) and is an agreement under which a medical institution undertakes to provide the insured contingent with medical care of a certain volume and quality within a specific time frame within the framework of health insurance programs . The relationship between the parties is determined by the terms of the contract. The contract must contain:

1) names of the parties;

2) the number of insured persons;

3) types of medical and preventive care (medical services);

4) cost of work and payment procedure;

5) the procedure for monitoring the quality of medical care and the use of insurance funds;

6) the responsibility of the parties and other conditions that do not contradict the legislation of the Russian Federation.

Medical institutions are subject to licensing. Licensing - this is the issuance of state permission to a medical institution to carry out certain types of activities and services under the programs of compulsory and voluntary medical insurance. All medical institutions are subject to licensing, regardless of ownership. Licensing is carried out by licensing commissions created under state administration bodies, city and district local administrations from representatives of health authorities, professional medical associations, medical institutions, public organizations (associations). Under licenses, medical institutions have the right to implement both voluntary and compulsory medical insurance programs. Voluntary health insurance programs should be implemented without prejudice to compulsory health insurance programs. In addition, licensed medical institutions that carry out health insurance programs have the right to provide medical care outside the health insurance system. Medical institutions in the health insurance system have the right to issue documents certifying the temporary disability of the insured.

Medical institutions are also subject to accreditation. Accreditation of medical institutions - determination of their compliance with established professional standards. All medical institutions are subject to accreditation, regardless of their form of ownership. Accreditation of medical institutions is carried out by accreditation commissions formed from representatives of health authorities, professional medical associations, and insurance medical organizations. A certificate is issued to an accredited medical institution.

Medical institutions, in accordance with the legislation of the Russian Federation and the terms of the contract, are responsible for the volume and quality of the medical services provided and for the refusal to provide medical care to the insured party. In case of violation by the medical institution of the terms of the contract, the insurance medical organization has the right to partially or completely not reimburse the costs of providing medical services.

Compulsory medical insurance contract is an agreement between the insured and the insurance medical organization, according to which the latter undertakes to organize and finance the provision of medical care of a certain volume and quality or other services to the insured contingent under the programs of compulsory medical insurance and voluntary medical insurance.

The health insurance contract must contain:

1) names of the parties;

2) the duration of the contract;

3) the number of insured persons;

4) the amount, terms and procedure for making insurance premiums;

5) a list of medical services corresponding to programs of compulsory or voluntary medical insurance;

6) rights, obligations, responsibilities of the parties and other conditions that do not contradict the legislation of the Russian Federation.

The form of a standard contract of compulsory medical insurance, the procedure and conditions for their conclusion are established by law:

1) "Standard contract for compulsory medical insurance of working citizens" (Appendix No. 1 to the resolution "On measures to implement the Law of the Russian Federation" On Amendments and Additions to the Law of the RSFSR "On Medical Insurance of Citizens in the RSFSR");

2) "Standard contract for compulsory medical insurance of non-working citizens" (Appendix No. 2 to the resolution "On Measures to Implement the Law of the Russian Federation" On Amendments and Additions to the Law of the RSFSR "On Medical Insurance of Citizens in the RSFSR").

The health insurance contract is considered concluded from the moment the insured pays the first insurance premium, unless otherwise provided by the terms of the contract.

Voluntary health insurance is carried out on the basis of voluntary medical insurance programs that are not regulated by the state, but they are independently developed by insurers licensed for medical insurance, as part of their own activities.

Voluntary health insurance provides citizens with additional medical and other services provided in excess of the norms established by compulsory health insurance programs.

In voluntary medical insurance, the subjects of insurance are a citizen, an insured, an insurer, a medical institution.

Insurers providing voluntary medical insurance may be:

1) insurance medical organizations that carry out compulsory health insurance (a medical insurance organization, in accordance with the law, except for medical insurance, is not entitled to carry out other types of insurance activities, but has the right to simultaneously conduct compulsory and voluntary medical insurance);

2) other insurance organizations that have licenses to carry out voluntary types of medical insurance.

An insurance organization for the implementation of voluntary medical insurance first concludes an agreement with a medical institution that will provide services to citizens. When concluding such an agreement, by agreement of the parties, tariffs for medical and other services are established. Then the insurance organization attracts clients who, on a voluntary basis, wish to conclude health insurance contracts. Citizens with civil legal capacity and (or) enterprises representing the interests of citizens can be clients-insurers in voluntary medical insurance. At the same time, payment of contributions for voluntary medical insurance is carried out at the expense of personal funds of citizens or profits (revenues) of enterprises. The amount of insurance premiums for citizens or enterprises representing the interests of citizens and organizations that wish to conclude a contract for voluntary medical insurance are established by agreement of the parties (the insured and the insurer). Voluntary health insurance can be collective and individual. This means that a legal entity acting as an insured can insure both one employee and a whole team, and then a large (or small) list of persons will appear in the contract. Or, for example, the head of the family can conclude a voluntary medical insurance contract for himself, but he also has the right to conclude such an agreement in which the whole family will be represented on the list.

When leaving the Russian Federation provision of medical care to citizens of the Russian Federation is carried out only at the expense of insurance (Federal Law of August 15, 1996 No. 114-FZ "On the procedure for leaving the Russian Federation and entering the Russian Federation.") Article 14 of this Law states that payment for medical care to a citizen of the Russian Federation when leaving the Russian Federation ( with the exception of a citizen of the Russian Federation sent on a business trip) is carried out:

1) in accordance with the conditions stipulated by the medical insurance policy or a document replacing it, valid for receiving medical care outside the territory of the Russian Federation;

2) if there is a guarantee of an individual or legal entity inviting a citizen of the Russian Federation, to reimburse the costs of providing medical care (treatment in a medical institution) to a citizen of the Russian Federation.

If there is no medical insurance policy or guarantees of the person inviting a citizen of the Russian Federation, the costs of providing medical care outside the territory of the Russian Federation are borne by the citizen himself.

Assistance in insured events for citizens of the Russian Federation staying on the territory of a foreign state is provided by a diplomatic mission or consular office of the Russian Federation in the manner established by the Government of the Russian Federation (unless otherwise provided by an international treaty of the Russian Federation with the corresponding foreign state). The Government of the Russian Federation approved by its Decree of October 1, 1998 No. 1142 "On the implementation of certain norms of the Federal Law" On the procedure for leaving the Russian Federation and entering the Russian Federation "" Regulations on the provision of assistance in insured events to citizens of the Russian Federation located on the territory of a foreign state.

Insured events according to the Regulations are determined by the content of the insurance contract concluded by a citizen of the Russian Federation with an insurance company. It follows from the Regulations that the same rules apply to the medical insurance of citizens traveling abroad as to voluntary medical insurance. Health insurance is a kind of personal insurance, while both individuals and legal entities (for example, travel agencies) can act as insurers, and only citizens can be insured.

A person traveling abroad, if he does not want to bear the costs of providing medical care outside the territory of the Russian Federation, determines on his own which insurer to apply for insurance, and of course it must be an insurer licensed to provide VHI. Typically, travel agencies cooperate with insurers and can tell the client the addresses of insurance companies. If a travel agency sends its client to a specific insurer, this does not mean that the insured is obliged to apply to this particular insurance company. The policyholder has the right to freely choose the insurer.

Currently, domestic insurance companies that sell VHI policies cooperate with international assistance systems, concluding directly or through an intermediary an agreement with a company specializing in organizing the provision of medical care and other services in a particular country. Before concluding an insurance contract with a domestic insurer, a person traveling abroad and choosing an insurer should ask the insurer the following questions about:

1) whether this insurance organization has an agreement (agreement) on joint work with foreign assistance companies;

2) what services are provided by the foreign partner to Russian citizens and on what terms;

3) in what territory the insurance policies of this insurance company are valid and what category they are.

When contacting the insurer for the conclusion of a health insurance contract, the insured writes an application. The sum insured is selected according to the country of destination and is classified according to the need for minimum coverage. The insurer attaches to the contract a memo containing instructions on what and how to do in the event of an insured event, when and where to report it, what documents to submit, etc. The instructions also indicate cases in which insurance coverage is not provided (for example , use of alcohol or drugs, participation in fights, rallies, processions, production of crossbows, suicide). In order to avoid problems with medical insurance in a foreign country, its owner must clearly follow the instructions.

Under insurance for persons traveling abroad, the following types of services are provided:

1) emergency medical assistance during a trip abroad in case of a sudden illness or accident;

2) transportation to the nearest hospital capable of providing quality treatment under appropriate medical supervision;

3) evacuation to the country of permanent residence under proper medical supervision;

4) nosocomial control and informing the family and the patient;

5) provision of medical supplies if they cannot be obtained locally;

6) consulting services of a medical specialist (if necessary);

7) payment of transportation costs for the delivery of a sick tourist or his body to the country of permanent residence;

8) repatriation of the remains of a tourist;

9) provision of legal assistance to a tourist in the investigation of civil and criminal cases abroad.

Insured events must be specified in the contract, as well as in the terms and conditions of insurance. Payment of insurance coverage is made if the insured event corresponds to that indicated in the contract. When insuring persons traveling abroad, insured events include death (death), short-term, unexpected, unintentional illnesses and accidents (poisoning, injury, etc.) that occurred only in the places provided for by the tour package, and not in random bars , cafes, during pleasure rides on water skis, hang-gliders, horses, etc. Insured events for insurance of persons traveling abroad do not include diseases of a chronic, infectious and recurrent disease (cardiovascular, oncological, tuberculosis, prosthetic and other disease).

LECTURE #12

Environmental insurance

Environmental insurance is one of the elements of the economic mechanism of environmental protection. In Russia, environmental insurance is implemented, the norms of which are enshrined in the Federal Law "On Environmental Protection" (Article 18). Other regulatory documents in accordance with which the environmental insurance market is developing are Federal Law No. 21-FZ of July 1997, 116 "On Industrial Safety of Hazardous Production Facilities" (Article 15), Decree of the Government of the Russian Federation of December 19, 1997 No. 1605 "On additional measures to stimulate business activity and attract investment in the economy of the Russian Federation", as well as other legislative acts of the Russian Federation. Environmental risks that may arise as a result of:

1) environmental accident, fire, explosion, flood, earthquake, landslides, etc.;

2) activities of enterprises that are sources of increased danger. The list of enterprises that are sources of increased danger is determined by the Federal Law "On Industrial Safety of Hazardous Production Facilities". Hazardous production facilities are subject to registration in the state register in the manner established by the Government.

The purpose of environmental insurance in the Russian Federation is to provide insurance guarantees for compensation for losses to legal entities or individuals that have arisen as a result of environmental pollution. Insurance guarantees for damages are provided for:

1) for legal entities - enterprises, institutions, organizations;

2) for citizens, as well as objects of their property and income.

Environmental insurance is carried out within the framework of voluntary or mandatory environmental insurance programs.

On voluntary environmental insurance insurance organizations independently develop their programs and insurance rules. Within their competence, insurers providing voluntary environmental insurance determine:

1) types of environmental insurance;

2) a list of objects subject to insurance;

3) the amount of insurance liability;

4) the level (norms) of insurance coverage;

5) basic rights and obligations of the parties involved in insurance;

6) the order of tariff rates of insurance payments.

The list of pollutants and causes of insured events, the damages for which are subject to compensation under voluntary environmental insurance, are negotiated by the insured and the insurer in each specific case when concluding an insurance contract. The following enterprises, institutions, organizations can participate in voluntary environmental insurance:

1) energy complex, petrochemical complex;

2) building materials industry;

3) chemical industry;

4) paper industry;

5) other industries.

Obligatory environmental insurance according to the legislation is insurance of civil liability of enterprises that create an increased environmental hazard.

The object mandatory environmental insurance is the risk of civil liability, which is expressed in the presentation of property claims to the insured by individuals or legal entities in accordance with the norms of civil law on compensation for damage for pollution of land, water or air in the territory of a specific insurance contract.

Obligatory environmental insurance the norms of such insurance are determined by the state. It establishes in regulatory legal acts:

1) types of compulsory environmental insurance;

2) a list of objects subject to mandatory environmental insurance;

3) the amount of insurance liability;

4) the level (norms) of insurance coverage;

5) basic rights and obligations of the parties involved in insurance;

6) the order of tariff rates of insurance payments.

Thus, according to the Federal Law "On Industrial Safety of Hazardous Production Facilities", an organization operating a hazardous production facility is obliged to insure liability for causing harm to life, health or property of other persons and the environment in the event of an accident at a hazardous production facility. Hazardous production facilities are enterprises or their workshops, sites, sites, as well as other production facilities, the list of which is determined by the Federal Law "On Industrial Safety of Hazardous Production Facilities". Insurers in compulsory environmental insurance are categories of enterprises that are recognized by the Law as sources of increased danger. The category of hazardous production facilities includes facilities where:

1) the following hazardous substances are obtained, used, processed, formed, stored, transported, destroyed:

a) flammable substances - gases which at normal pressure and when mixed with air become flammable and whose boiling point at normal pressure is 20 °C or lower;

b) oxidizing substances - substances that support combustion, cause ignition and (or) contribute to the ignition of other substances as a result of a redox exothermic reaction;

c) combustible substances - liquids, gases, dusts that can ignite spontaneously, as well as ignite from an ignition source and burn independently after its removal;

d) explosives - substances that, under certain types of external influence, are capable of a very rapid self-propagating chemical transformation with the release of heat and the formation of gases;

e) toxic substances - substances that, when exposed to living organisms, can lead to their death;

f) highly toxic substances - substances that, when exposed to living organisms, can lead to their death;

g) other substances that pose a danger to the environment;

2) equipment is used that operates under a pressure of more than 0,07 MPa or at a water heating temperature of more than 115 °C;

3) permanently installed lifting mechanisms, escalators, cable cars, funiculars are used;

4) melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;

5) mining operations, mineral processing operations, as well as work in underground conditions are underway.

An example of enterprises - sources of increased danger are:

1) enterprises operating hazardous production facilities;

2) operating organizations (objects using atomic energy);

3) operating organizations and owners of hydraulic structures.

The list of pollutants and causes of insured events, the damage for which is subject to compensation under compulsory environmental insurance, is determined by law. The law also defines the minimum sum insured for liability insurance for damage to life, health or property of other persons and the environment in the event of an accident at a hazardous production facility.

Hazardous production facilities are subject to registration in the State Register of Hazardous Production Facilities. The procedure for registration is established by Decree of the Government of the Russian Federation dated November 24, 1998 No. 1371 "On registration of objects in the State Register of Hazardous Production Facilities". The state exercises federal supervision in the field of industrial safety, controls and inspects the activities of organizations operating hazardous production facilities. Officials of the federal executive body specially authorized in the field of industrial safety, in the performance of their official duties, visit organizations operating hazardous production facilities, get acquainted with the documents necessary to verify that organizations operating hazardous production facilities comply with industrial safety requirements.

LECTURE #13

Pension insurance

Compulsory pension insurance is an integral part of compulsory social insurance, which is regulated by the Federal Law "On the Fundamentals of Compulsory Social Insurance".

Among the types of insurance coverage for compulsory social insurance, the Law of the Russian Federation "On the Fundamentals of Compulsory Social Insurance" provides for:

1) old-age pension;

2) disability pension;

3) survivor's pension.

Insurance coverage certain types of compulsory social insurance, as provided by the Law of the Russian Federation "On the Fundamentals of Compulsory Social Insurance", is carried out on the basis of special laws. Thus, old-age pension, disability pension, survivor's pension are types of labor pension and are regulated by a special law - Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation". This Law determines the procedure for exercising the right of citizens of the Russian Federation to labor pensions and the conditions for establishing these pensions for certain categories of citizens. The right to a labor pension, as stated in this Law, are citizens of the Russian Federation, insured in accordance with the following special law - the Federal Law "On Compulsory Pension Insurance in the Russian Federation", subject to the conditions stipulated by the Law "On Labor Pensions in the Russian Federation". Insured persons receive a labor pension from the budget of the Pension Fund of the Russian Federation, which is formed at the expense of insurance premiums of policyholders.

Another special law - Federal Law No. 15-FZ of December 2001, 166 "On State Pension Provision in the Russian Federation" - provides for other types of pensions, unlike labor pensions. These are state pensions:

1) long service pension (for federal civil servants and military personnel);

2) old-age pension (for citizens affected by radiation or man-made disasters);

3) disability pension (for military personnel and citizens affected by radiation or man-made disasters);

4) social pension (for disabled citizens).

The specified pensions to the named categories of persons are paid at the expense of the federal budget.

There are still other categories of persons who are paid state pensions at the expense of the federal budget, but these persons receive pensions in accordance with another special Law - the Federal Law "On pensions for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families.

Returning to the Federal Law "On Mandatory Pension Insurance in the Russian Federation", which establishes the organizational, legal and financial foundations of compulsory pension insurance in the Russian Federation, it must be said that The law introduces the basic concepts of compulsory pension insurance.

Mandatory pension insurance - this is a system of legal, economic and organizational measures created by the state aimed at compensating citizens for earnings (payments, remuneration in favor of the insured person) received by them before the establishment of compulsory insurance coverage. Compulsory pension insurance in the Russian Federation is carried out by an insurer, which is the Pension Fund of the Russian Federation. The state bears subsidiary liability for the obligations of the Pension Fund of the Russian Federation to the insured persons. In the management of the insurer for compulsory pension insurance are the funds of compulsory pension insurance, which make up the budget of the Pension Fund of the Russian Federation. The budget of the Pension Fund of the Russian Federation is replenished at the expense of insurance premiums for compulsory pension insurance, which are paid by insurers. Insurance premiums for compulsory pension insurance - these are individually compensated mandatory payments, the personal purpose of which is to ensure the right of a citizen to receive a pension for compulsory pension insurance in an amount equivalent to the amount of insurance premiums recorded on his individual personal account. Insured persons are entitled to compulsory pension insurance in the Russian Federation only if insurance premiums are paid by the insurers in accordance with the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation". The insurer provides mandatory insurance coverage by paying to the insured person, upon the occurrence of an insured event, a labor pension, a social allowance for the burial of deceased pensioners who did not work on the day of death. Insured event according to the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation", the achievement of retirement age, the onset of disability, and the loss of a breadwinner are recognized. insurance risk for the purposes of this Federal Law, the loss by the insured person of earnings (payments, remuneration in favor of the insured person) or other income in connection with the occurrence of an insured event is recognized.

Participants of legal relations on compulsory pension insurance are the following Subjects of compulsory pension insurance:

1) federal government bodies;

2) policyholders;

3) the insurer;

4) insured persons.

Insurer - The Pension Fund of the Russian Federation (state institution) and its territorial bodies constitute a single centralized system of bodies for managing the means of compulsory pension insurance in the Russian Federation, in which lower bodies are accountable to higher ones. The Pension Fund of the Russian Federation and its territorial bodies act on the basis of the Federal Law "On the Management of State Pension Provision (Insurance) Funds in the Russian Federation" and the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation". Regulations on the territorial bodies of the Pension Fund of the Russian Federation, which are legal entities, are approved by the Board of the Pension Fund of the Russian Federation.

Insurers for compulsory pension insurance, along with the Pension Fund of the Russian Federation, may be non-state pension funds in the cases and in the manner prescribed by the Federal Law. The procedure for the formation of pension savings in non-state pension funds and the investment of these funds by them, the procedure for transferring pension savings from the Pension Fund of the Russian Federation and paying insurance premiums to non-state pension funds, as well as the limits for the exercise by non-state pension funds of the powers of the insurer are established by the Federal Law.

Insured under mandatory pension insurance are persons making payments to individuals, including:

1) organizations;

2) individual entrepreneurs (including private detectives and notaries in private practice);

3) lawyers;

4) individuals (voluntarily entering into legal relations on compulsory pension insurance in accordance with Article 29 of the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation").

Insured persons - persons who are covered by compulsory pension insurance in accordance with the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation". The insured persons are citizens of the Russian Federation, as well as foreign citizens and stateless persons residing in the territory of the Russian Federation:

1) working under an employment contract or under a civil law contract, the subject of which is the performance of work and the provision of services, as well as under an author's and license agreement;

2) self-employed (individual entrepreneurs, private detectives, notaries in private practice, lawyers);

3) being members of peasant (farm) holdings;

4) working outside the territory of the Russian Federation in case of payment of insurance premiums in accordance with Art. 29 of the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation", unless otherwise provided by an international treaty of the Russian Federation;

5) who are members of tribal, family communities of the small peoples of the North, engaged in traditional sectors of management;

6) other categories of citizens whose relations on compulsory pension insurance arise in accordance with the Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation".

Compulsory insurance coverage is:

1) the insurance and funded parts of the old-age labor pension;

2) the insurance and funded parts of the labor disability pension;

3) the insurance part of the labor pension in case of loss of the breadwinner;

4) social allowance for the burial of deceased pensioners who did not work on the day of death.

Establishment and payment of compulsory insurance coverage for compulsory pension insurance is carried out in the manner and on the terms established by the Federal Law "On Labor Pensions in the Russian Federation" and the Federal Law "On Burial and Funeral Business".

The payment of the basic part of the labor pension is financed from the amounts of the unified social tax (contribution) credited to the federal budget, and the payment of the insurance and funded parts of the labor pension is financed from the budget of the Pension Fund of the Russian Federation. At the same time, the financing of the payment of the funded part of the labor pension is carried out at the expense of the amounts of pension savings accounted for in the special part of the individual personal account of the insured person.

Carrying out compulsory pension insurance, the state provides insurance coverage for citizens not only from the budget of the Pension Fund of the Russian Federation, but also from non-state pension funds. Non-state pension funds operate in accordance with the Federal Law "On Non-State Pension Funds".

Non-government Pension Fund (NPF) - this is a special organizational and legal form of a non-profit social security organization, the exclusive activities of which are:

1) activity on non-state pension provision of fund participants in accordance with agreements on non-state pension provision;

2) activity as an insurer for compulsory pension insurance in accordance with the Law of the Russian Federation "On compulsory pension insurance in the Russian Federation" and contracts on compulsory pension insurance;

3) activity as an insurer for professional pension insurance in accordance with federal law and agreements on the creation of professional pension systems.

The activities of the fund for non-state pension provision of fund participants are carried out on a voluntary basis and include:

1) accumulation of pension contributions;

2) placement and organization of placement of pension reserves;

3) accounting for pension liabilities of the fund;

4) appointment and payment of non-state pensions to fund participants.

A non-state pension fund is subject to state registration and on this basis acquires the rights of a legal entity. The NPF has the right to carry out activities from the date of receipt of the license and operates on the basis of the laws of the Russian Federation, as well as the charter and rules of the fund. The Fund, in accordance with the charter, performs the following functions:

1) develop the rules of the fund;

2) concludes pension agreements, agreements on compulsory pension insurance and agreements on the establishment of professional pension systems;

3) accumulates pension contributions and pension savings;

4) maintains pension accounts of non-state pension provision;

5) maintains pension accounts of the funded part of the labor pension, taking into account the requirements of the Federal Law of April 1, 1996 No. 27-FZ "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance";

6) maintains pension accounts of professional pension systems;

7) inform depositors, participants and insured persons about the status of the said accounts;

8) determines the investment strategy when placing pension reserves and investing pension savings;

9) form pension reserves, organize the placement of pension reserves and place pension reserves;

10) organize the investment of pension savings;

11) concludes agreements with management companies, specialized depositories, other entities and participants in relations on non-state pension provision, compulsory pension insurance and professional pension insurance, etc.

The subjects of relations on non-state pension provision, compulsory pension insurance and professional pension insurance are:

1) funds;

2) the Pension Fund of the Russian Federation;

3) specialized depositories;

4) management companies;

5) contributors;

6) participants;

7) insured persons;

8) policyholders;

9) brokers;

10) credit organizations;

11) other organizations involved in the process of placing pension reserves and investing pension savings.

To ensure its solvency for obligations, the NPF forms:

1) pension reserves (to ensure solvency to participants);

2) pension savings (to ensure solvency to insured persons).

Pension reserves include reserves for covering pension obligations and an insurance reserve and are formed from:

1) pension contributions;

2) the fund's income from the placement of pension reserves;

3) target receipts.

Standard size pension reserves for defined benefit pension schemes is determined by the authorized federal body.

Retirement savings are formed by:

1) early paid from the Pension Fund of the Russian Federation to the fund at the request of the insured person, the funds recorded in the special part of the individual personal account of the insured person, including insurance premiums for financing the funded part of the labor pension, received by the Pension Fund of the Russian Federation for subsequent transfer to the fund and not yet transferred management company;

2) funds transferred by the fund for trust management of the management company in accordance with this Federal Law, including the net financial result from the sale of assets, changes in the market value of the investment portfolio due to revaluation as of the reporting date;

3) funds received by the fund from management companies for payment to insured persons or their legal successors and not yet directed to the payment of the funded part of the labor pension;

4) funds transferred to the fund by the previous insurer (fund) in connection with the conclusion by the insured person with the fund of an agreement on compulsory pension insurance in accordance with the established procedure by the Law "On Non-State Pension Funds";

5) funds received by the fund from management companies for transfer to the Pension Fund of the Russian Federation or another fund in accordance with the Law "On Non-State Pension Funds" and not yet transferred to the Pension Fund of the Russian Federation or other funds.

Non-state pension funds, as well as their branches, conclude mandatory pension insurance contracts on the basis of Art. 8 of the Federal Law of May 7, 1998 No. 75-FZ "On Non-State Pension Funds".

Pension contract according to art. 12 of the Federal Law "On Non-State Pension Funds" must contain:

1) names of the parties;

2) information about the subject of the contract;

3) provisions on the rights and obligations of the parties;

4) provisions on the procedure and conditions for making pension contributions;

5) type of pension scheme;

6) pension grounds;

7) provisions on the procedure for paying non-state pensions;

8) provisions on the liability of the parties for failure to fulfill their obligations;

9) terms of validity and termination of the contract;

10) provisions on the procedure and conditions for changing and terminating the contract;

11) provisions on the procedure for settling disputes;

12) details of the parties.

The Ministry of Labor and Social Development of the Russian Federation approved, in agreement with the Pension Fund of the Russian Federation, a model agreement on compulsory pension insurance between a non-state pension fund and an insured person.

The law gives citizens the opportunity to choose a management company that accumulates the funded part of the pension. It can be the Pension Fund of the Russian Federation or NPF. In this regard, it is possible to transfer the funded part of the pension from the state pension fund to the NPF, and vice versa. Forms of applications and instructions for filling them out have been approved (Decree of the Government of the Russian Federation dated February 6, 2004 No. 60 "On approval of the forms of a standard agreement on compulsory pension insurance between a non-state pension fund and an insured person, forms of applications by an insured person for transfer to a non-state pension fund and about transfer to the Pension Fund of the Russian Federation"):

1) an application by the insured person for the transfer from the Pension Fund of the Russian Federation to a non-state pension fund that provides compulsory pension insurance;

2) an application by the insured person to transfer from a non-state pension fund providing mandatory pension insurance to the Pension Fund of the Russian Federation.

ANNEXES

1. Institutions of psychiatric service.

2. Institutions of narcological service.

3. Institutions of anti-tuberculosis service.

4. AIDS Centers.

5. Children's home.

6. Air ambulance: departments of emergency planned and advisory assistance.

7. Sanatoriums of the health system.

8. Centers for medical prevention.

9. Stations (departments, offices) for blood transfusion.

10. Bureau of Forensic Medical Examination and Forensic Psychiatric Examination, Pathological and Anatomy Bureau.

11. Medical libraries.

12. Centralized accounting of medical institutions.

13. Bureau of Medical Statistics.

14. Bases and warehouses of special medical supply.

15. Trachomatous dispensaries.

16. Dairy kitchens.

17. Dermatovenerological dispensaries (for the treatment of patients with venereal diseases).

18. Medical personnel financed from the health budget and serving educational and social protection institutions.

19. Financing of expensive types of diagnostics and treatment according to the list approved by the Ministry of the Russian Federation.

20. Financing the provision of medical care in case of mass diseases, in areas of natural disasters, catastrophes.

21. State capital investments.

22. Vocational training and retraining of personnel.

23. Scientific research.

24. Target programs approved in the prescribed manner.

Citizens insured under compulsory health insurance have the right to choose a medical institution in accordance with compulsory health insurance contracts.

In outpatient clinics, the following is guaranteed:

1) the maximum waiting period for planned medical services is no more than 3 days;

2) providing insured citizens (with the exception of citizens using benefits) with medicines and medical products, providing insured citizens with the necessary medicines and medical products free of charge when providing hospital-replacing types of medical care.

In medical institutions providing inpatient care, the following is guaranteed:

1) implementation in accordance with clinical indications requiring hospital treatment, active therapy and round-the-clock monitoring;

2) the maximum waiting period for planned treatment is not more than 6 days;

3) accommodation of patients in wards for 4 or more beds in accordance with the current sanitary norms and rules;

4) free provision of patients and women in childbirth in a hospital with therapeutic nutrition in accordance with the physiological standards established by the Ministry of Health of the Russian Federation;

5) provision to insured citizens free of charge when providing medical care under the territorial program of compulsory medical insurance of all necessary medicines and medical products, as well as hard and soft equipment in accordance with applicable standards;

6) providing the opportunity to stay in the hospital to care for a sick child to one of the parents or another family member (a person caring for a child of the first year of life or a child older than 1 year - if there are medical indications, is provided with a bed and food);

7) training of doctors for work in rural areas.

The Territorial Compulsory Medical Insurance Fund and the Saratov State Medical University should ensure the admission of 35 students of the SSMU on a full compensation basis at the expense of the Compulsory Medical Insurance Fund for the subsequent distribution of specialists to the rural areas that sent them.

Author: Skachkova O.A.

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