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Insurance law. Lecture notes: briefly, the most important

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Table of contents

1. Insurance law in the system of law of the Russian Federation (The concept of insurance law, its place in the system of Russian law
2. Sources of insurance law
3. Structure and elements of insurance law (Subjects of insurance legal relations. Objects of insurance legal relations. Content and classification of insurance legal relations)
4. Risk as a source of insurance relations (The concept and characteristics of risk. Classification of risks and their assessment)
5. Characteristics of individual types of insurance (Personal insurance. Medical insurance. Liability insurance)
6. Insurance organizations and control over them (Insurance funds. Insurance agents, brokers, actuaries. Licensing of insurance activities. State supervision over the activities of insurance organizations)
7. Sums insured and insurance payments (The concept of the sum insured, the procedure for determining its size. Insurance payments. Insurance premium (insurance premiums). Sizes of insurance rates)
8. Insurance contract (Insurance contract in the system of legal obligations. Liability for violation of the terms of the insurance contract. Reinsurance)
9. Features of insurance of individual objects (Insurance of deposits of citizens. Rules for cargo insurance. Insurance of construction risks. Features of a marine insurance contract)
10. Peculiarities of legal regulation of insurance abroad

LECTURE #1

Insurance law in the system of law of the Russian Federation

Currently, Russian insurance law is the most actively developing component of the entire system of Russian law. At the same time, the issue related to the place of insurance law in the legal system of Russia is still relevant and is the subject of lively discussions among legal scholars. However, at the moment there is a practice in which both legislative and executive authorities are engaged in lawmaking in the field of insurance law, referring to the lack of a systematic approach to this problem. The approach to the study of the system of law, to the analysis of ways of systemic impact on social relations implies a single scientifically based idea of ​​systems in general and systems of law in particular.

"It is believed that the system of law as an objective phenomenon is the internal structure (structure) of law, reflecting the unification and differentiation of legal norms."[1] Parts of this structure are inextricably linked legal norms, legal institutions and branches of law. When considering the structure of law, one should also take into account the stable relationship between its elements (norms, institutions, industries), it is this relationship that will allow us to see not only the statistics of the structure, but also its dynamics. Identification of patterns in the structure of law and their further use contributes to the correct understanding and application of the law.

It should be noted that Russian law is multi-structural and, in addition to the existing triad (norm, institution, branch), it also has optional legal formations, such as sub-institutions, sub-sectors, inter-sector complex institutions.

S. S. Alekseev[2] in the hierarchy of structures identifies the main structure in the structure of law: a norm, an institution, a branch. He allows doubling and even tripling of the structure of law, which, as integral formations, are layered over the main one. He explains the emergence of secondary structures by the wealth and versatility of legal regulation within the framework of one main structure.

The legal norm is the initial link of the entire system of law and has a relative independence. Rule of law - this is a rule of conduct for certain categories of citizens, legal entities, established by the state in the person of its authorized bodies and mandatory for compliance, application and use.

Referring to this concept, the norm of insurance law can be defined as a formally expressed rule of conduct that regulates insurance relations between the insured and the insurer in order to achieve the main goal of the insurance contract. The main features of the norm of insurance law:

1) express state-power regulations that are essential for the establishment and implementation, change and termination of insurance legal relations, which determine the lawful behavior of the subjects of these relations;

2) reflect and consolidate the typicality of various types and elements of insurance legal relations between their subjects, as well as the interests, actions and connections of their participants as a result of the repetition of these relations;

3) have a generally binding character, i.e., they are mandatory for execution and implementation both for individuals and for legal entities to which they apply.

Thus, it is possible to give a broader definition of the norm of insurance law and say that this is a formalized government prescription that is universally binding for the subjects of insurance relations, representing the definition of a particular concept or the target orientation of the regulatory impact on insurance relations through the consciousness and volitional behavior of these subjects by granting them appropriate rights and imposing certain duties on them.

In turn, "Institute of Law - this is a separate set of legal norms designed to regulate, within the framework of the subject of this branch of law, certain social relations with relative independence. In modern legal literature there are no definite quantitative parameters.Therefore, very often scientists and practicing lawyers misinterpret the term "legal institution" and apply it to any legal phenomenon or event.

So, in civil law there are a lot of legal institutions, among which, for example, the general part, the right of ownership, the law of obligations, the law of inheritance, etc. But on the other hand, in the legal literature, certain types of civil law contracts are also recognized as institutions of law, such as , for example, a contract of sale, exchange, contract, insurance, etc.

A controversial situation arises, since the term "institution of civil law" includes both the law of obligations, contract law, and the insurance contract itself.

Therefore, very often the subjective factor plays a significant role in the formation of individual elements of the system of law.

If a separate group of legal norms also includes rules on property rights, legal entities, civil law contracts, then the situation with the category "legal institution" is aggravated even more. Here it is no longer possible to see homogeneous legal relations, therefore it is doubtful to talk about the proper use of the term "institute of law".

Insurance law (as well as currency, banking, exchange law) is a legal structure that should regulate heterogeneous relations within society. Some institutions of civil law, as well as other branches of law, such as constitutional, financial, administrative, are involved in the sphere of legal regulation. Thus, we can say that insurance law is a complex educational (scientific) discipline that combines the norms of public and private law.

It (law) is an integral part of business law.

"As a complex formation, insurance law does not have its own subject and method of legal regulation in their traditional sense. It is formed and developed at the intersection of public and private law."[4] The foundations of public law are noticeably revealed in the field of compulsory insurance, as well as in the state registration and licensing of the activities of insurance organizations, state supervision of insurance activities.

VI Serebrovsky, for example, noted in his writings that insurance is essentially divided into two types: private and public. He attributed the forms of public insurance to state and public insurance, and to private insurance - individual entrepreneurs, joint-stock insurance companies, mutual insurance companies.[5]

Also, V. I. Serebrovsky believed that insurance law should not be singled out as an independent branch or sub-branch of law, since insurance legal relations are regulated by the norms of various branches of law, among which the main place is occupied by civil law norms.

But at the same time, the entire set of legal norms governing insurance law cannot be considered part of civil or commercial law.[6]

Thus, it can be noted that V. I. Serebrovsky considers insurance law as a complex discipline.

On the other hand, many scholars criticize the existence of complex branches of law. So, R.O. Khalfina believes that "attempts to construct countless new "branches of law" lead to the erosion of the system, to excessive differentiation of legal regulation, to the weakening of ties within the system of law."[7] Turning to the history of insurance law, it can be noted that that in the Soviet period, namely in the 1919-1920s, the problematic aspects of insurance law were studied by E. Menom.[8]

He believed that the rules of law governing various branches of law, which regulate the relevant relations in the field of insurance law, do not fit into any of the branches of public or private law.

According to E. Mena, this set of legal norms governing insurance activities should be singled out as an independent industry.

At the same time, the question remains which normative formations should be classified as complex branches of law. The description of the signs of complex industries is given by Yu. K. Tolstoy:[9]

1) the main branches have subject unity, complex ones do not;

2) the main branches should not include the norms of other branches of law;

3) the main branches have a specific method of legal regulation of social relations, complex branches do not have such a method.

O. A. Krasavchikov, criticizing the theory of complex industries by Yu. K. Tolstoy, believes that the scientist unreasonably uses the term "industry" in relation to a phenomenon that is not such.[10]

Indeed, a misunderstanding and attitude to the term "branch" creates an illusion that although a complex branch of law is not independent, it is nevertheless a branch.

The denial of the existence of insurance as a complex industry is supported by V. N. Yakovlev.[11] He believes that a set of heterogeneous rules on insurance cannot be called a separate branch of insurance law, even with the epithet "complex", since it does not have the property of independence inherent in branches. He believes that insurance is not even a complex legal institution, since insurance relations do not represent a strong community, but a complex institution of insurance legislation, a set of legal norms.[12]

Also in the legal literature, opinions were expressed that insurance should be considered as a civil law institution. O. A. Krasavchikov writes that "... insurance is a civil law institution, consisting of a set of legal norms governing property and personal non-property relations arising from the creation and use of an insurance fund."[13]

And yet, in order to determine the place of insurance law in the Russian system of law, it is necessary to analyze the type of regulatory legal acts that contain the rules of insurance law. It should be noted that the sources of insurance law are extremely heterogeneous. As can be seen from foreign practice, there are only isolated cases of regulation of insurance law by a single source of law in the form of a code (for example, in France).

The creation of an insurance code is also in the prospects of Russian legislators. Back in July 2003, members of the insurance section of the Committee on Financial Markets and Monetary Circulation of the Federation Council decided to develop an insurance code, thereby recognizing insurance as a complex branch of law. It is believed that the creation of an insurance code would be appropriate, since the following issues should be resolved within its framework:

1) in the field of civil law, aspects that are not regulated in the Civil Code of the Russian Federation should be reflected; the moments connected with the interaction of insurers on co-insurance, mutual insurance, reinsurance are prescribed; issues related to the protection of the rights of consumers of insurance services;

2) in the field of state law, the status and functions of insurance supervision should be determined;

3) in the field of administrative law - the relationship of market and supervision entities, their rights and obligations, responsibility.

It should be noted that modern insurance legislation has internal inconsistencies. So, the basic concepts and terms that are used in it do not have a solid theoretical basis or diverge in meaning from the meanings given in legal science.

A very large part of the concepts of insurance law is taken from economic disciplines (for example, the use of actuarial calculations, insurance rates, calculation of insurance premiums, etc.). Often these economic terms do not have a legal justification and are not combined with legal concepts and constructions.

Some legal financiers are of the opinion that insurance, from the point of view of financial legal relations, is one of the independent links in the financial system of the state, which is formed in the process of formation and use of insurance funds and is the subject of financial law.

In the theory of law, the question of the private law and public law nature of legal relations that arise in the field of insurance, relations in the field of financial activity, as well as the features of their legal regulation, still remains open.

These issues require deeper analysis and special study.

Thus, having considered the main provisions related to the place of insurance law in the Russian legal system, it is impossible to confidently recognize insurance law as an independent branch of Russian law or attribute it to a complex legal entity, since both from the standpoint of legal theory and modern legal understanding this will be unreasonable step. The composition of insurance legal relations, which includes elements of both civil, financial, and administrative and even constitutional relations, is reflected in the structure of legal norms that constitute an intersectoral legal institution and are aimed at their legal regulation and the creation of a unified insurance legislation.

The rapid growth of the insurance market today requires, firstly, a clear system of regulations, and, secondly, generally recognized insurance terminology. And therefore, in modern conditions, only all the norms of insurance legislation, collected in a single codified document, will make it possible to carry out normal insurance regulation, which could ensure the stability of insurance legal relations and the proper stability of insurance activities.

In fact, the structure of law does not play a decisive role for insurance, since insurance legal relations can be influenced by one or even several branches of law.

It is important that the content of legal regulation correspond to the essence of insurance and help in the implementation of its functions, therefore, such a situation is unacceptable in which an artificial selection of the boundaries and properties of insurance is carried out for legal laws, in particular, the laws of the legal system.

All rules of law find their expression in various normative legal acts. In the future, these acts form the legislation as a whole, and they are also enshrined in customs and judicial precedents, which are widely used in countries with the Anglo-Saxon legal system, for example, in England and the USA.

The normative legal act is the main source of law in the Russian Federation. Accordingly, the source of insurance law will also be a normative act.

Insurance law consists of many regulatory legal acts, which in turn are aimed at regulating social relations in the field of insurance activities. Insurance law is a complex structural formation, which should be based on such a criterion as the scope of insurance activities.

Normative legal acts that are part of the insurance law are also complex. The development and publication of precisely complex legal acts is caused by the unity of the purpose of insurance relations. The regulation of such relations within the framework of only one industry will not be able to provide the necessary regulation of relations interconnected and united by a unity of purpose.

The regulatory framework governing insurance activities in Russia began to take shape in 1997. In 1999, Federal Law No. by force. For example, civil legislation (as well as budgetary, tax, family) includes only the Civil Code of the Russian Federation and federal laws (Clause 165, Article 2 of the Civil Code of the Russian Federation), while insurance "legislation" is a broader concept.

At present, a system of insurance legislation has been formed in the country, which includes norms of civil, administrative, state, financial and international law. First of all, these are federal laws, since the formation and development of the insurance business in the USSR for a long time was carried out within the framework of the state monopoly and centralized management of this branch of the national economy.

At this stage of development in Russia, the delimitation of rule-making competence is enshrined in the Constitution of the Russian Federation. In particular, Art. 71 states that the jurisdiction of the Russian Federation includes, for example, the issues of establishing the legal framework for a single market; financial, credit, customs regulation; criminal, criminal procedural legislation; civil, civil procedural and arbitration procedural legislation; legal regulation of intellectual property. Issues that are under the joint jurisdiction of the Russian Federation and its subjects are enshrined in Art. 72 of the Constitution of the Russian Federation, this is, in particular, administrative and administrative procedural legislation. Article 73 of the Constitution of the Russian Federation states: "...outside the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation have the full power of state power."

As already noted, the insurance legislation includes the norm of civil, financial, administrative, tax law. In order to find out why exactly these branches of Russian law are taken as components for the insurance legislation, it is necessary to list the main regulations of these branches and see which part of the insurance activity is regulated by this or that legal act.

К basic rules of civil law, regulating the procedure for the conclusion, operation and termination of insurance contracts, the rights and obligations of the parties under the insurance contract, the procedure for the creation and liquidation of insurers, the activities of insurance intermediaries, include:

1) Chapter 48 of the Civil Code of the Russian Federation; establishes the main provisions concerning the conduct of insurance operations. It defines possible forms of insurance, regulates the procedure for conducting compulsory insurance, and responsibility for failure to carry out this type of insurance. This chapter also provides a description of property and personal insurance contracts, as well as their sub-sectors.

The basic requirements that apply to insurance organizations are established.

The principles of mutual insurance and reinsurance are characterized. The principles of the relationship between the parties under the insurance contract, the rights and obligations of the insured, the insurer, and other persons involved in insurance are regulated. The requirements for the form of an insurance contract are established, and a description of its essential conditions is given. The procedure for concluding and cases of early termination of insurance contracts is determined. The actions of the parties in the event of insured events are regulated;

2) Law of the Russian Federation of November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation"; formulates the basic concepts in the field of insurance activities: insurance and reinsurance, forms of insurance. The characteristics of the participants of the insurance contract and the requirements that apply to them, as well as the types of insurance intermediaries are given.

The terms used in insurance contracts are considered, namely: the object of insurance, the sum insured, the insurance rate, the insurance premium, the insured event, the insurance payment;

3) Merchant Shipping Code of the Russian Federation of April 30, 1999, which in Ch. 15 establishes the terms of the marine insurance contract;

4) Law of the Russian Federation of June 28, 1991 No. 1499-1 "On Compulsory Medical Insurance of Citizens"; regulates the procedure for conducting medical insurance;

5) Federal Law of the Russian Federation of March 28, 1998 No. 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation and employees of federal tax police bodies";

6) Decree of the President of the Russian Federation of April 6, 1994 No. 667 "On the main directions of state policy in the field of compulsory insurance"; determines the basic principles for the implementation of a number of types of insurance carried out in a mandatory form.

The main norms of administrative law, which directly regulate relations between the state and participants in the insurance market, are the basis for state supervision of the activities of insurers, and include the main provisions of state supervision of insurance activities. The goals of state supervision, functions and rights in the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" are also formulated.

Part 3 in which the foundations of the state body of insurance supervision are fixed.

financial law, regulating relations regarding the payment of taxes by participants in the insurance market, the formation and use of insurance reserves and other financial funds by insurance companies, are the following:

1) Tax Code of the Russian Federation (TC RF);

2) The Law "On the Organization of the Insurance Business in the Russian Federation", which gives the main characteristics of the insurance reserves created by insurance organizations, prescribes the procedure for keeping records and reporting.

The legal basis of the insurance legislation is not only federal laws, but also other acts of the federal level, such as decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, acts of ministries, agencies, departments. These acts form the federal level of regulation of insurance activities, based on the centralized management of the country's economy. On the other hand, the insurance legislation may also include acts of subjects of the Russian Federation within their competence.

In the Russian Federation, the development of legislation occurs on the basis of division by industry. This development was reflected in the General Legal Classification of Branches of Legislation, approved by Decree of the President of the Russian Federation of March 15, 2000 No. 511 "On the Classification of Legal Acts", which is currently in force. This classifier recognizes civil, civil procedural, arbitration procedural, criminal, criminal procedural legislation as independent branches of legislation (although this Edict does not contain the term itself).

However, the Classifier uses various, non-legal criteria, such as the sector of the economy (legislation on industry, legislation on construction, etc.)

It should be noted that the regulations that are devoted to insurance are located in the section on civil law. But here we are talking about an insurance contract, as well as international insurance. Most of the questions can be found in the sections of the Classifier: "Finance", "Health care. Physical culture and sports. Tourism". In these sections are fixed: the general concept of insurance activities; bodies carrying out insurance activities, compulsory insurance, supervision of insurance activities. This suggests that when compiling the Classifier, insurance law did not recognize the existence of its own legislation, therefore it received a financial and legal "registration" and was included as an integral part of financial legislation.

In the legal literature, opinions of legal scholars have been expressed on the division of insurance legislation into General and Special parts.

To the General part, scientists intended to include Ch. 1 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation". This chapter contains the basic concepts of the insurance business - "insurance", "insurance interest", "insurance risk", "insured event", "insurance payment", etc., Ch. 4 regarding the legal capacity of insurers. In addition, they also wanted to include Ch. 48 of the Civil Code of the Russian Federation, which regulates the issues of concluding and executing insurance contracts. Legal scholars wanted to include laws and other legal acts on certain types of insurance (medical, pension, auto insurance, social insurance), special financial legislation, in particular Ch. 3 of the Law "On the Organization of the Insurance Business" and by-laws of the insurance supervision bodies issued on its basis.

But these attempts to divide insurance law into General and Special parts are somewhat premature, since at present the process of forming insurance law as a separate branch of law and the creation of insurance legislation has not yet been completed. In addition, there is no codified (or even consolidated) act in the field of insurance activities. Therefore, at the moment there are no grounds for the traditional division of insurance law into General and Special parts.

On November 27, 1992, the Law "On the organization of insurance business in the Russian Federation" was adopted, which, as expected, was to become the starting point in the regulation of all emerging insurance legal relations.

All other federal laws and regulations on insurance activities will be adopted in accordance with the requirements of the intended hierarchy of regulations. But the situation changed dramatically after the introduction of the second part of the Civil Code of the Russian Federation, when Ch. 48 "Insurance" and ch. 2 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation". It was the Civil Code of the Russian Federation that was put at the forefront of the entire pyramid of legal acts regulating general issues of concluding and fulfilling insurance obligations. With regard to pension, medical, social insurance, special federal laws were also adopted.

Turning to a comparative analysis, it should be noted that the insurance legislation of industrialized countries is of great interest. Namely, in the sense that in most Western countries the development of insurance legislation occurs through the adoption of several laws that are designed to regulate certain types of insurance.

So, for example, in Germany, the Law "On Insurance Contract" of May 30, 1908, with subsequent amendments and additions, is in force, in Switzerland - the Law "On Insurance Contract" of April 2, 1908. In countries with the Anglo-Saxon legal system, for example in England and the USA, the main source of insurance legal relations are judicial precedents, but some types of insurance are still regulated by separately issued laws. So, in England in 1774 the Law "On Life Insurance" was adopted,[14] in 1906 - the Law "On Marine Insurance".

The development of insurance legislation should take place according to the scheme most suitable for it, namely: a codified act - a special law. So, for example, the main provisions on business entities are contained in the Civil Code of the Russian Federation, and special ones - in the Law "On the Organization of Insurance Business".

By-laws also play an important role in regulating the legal relations of insurance activities. But they must in no way contradict, firstly, the Constitution of the Russian Federation, and secondly, federal laws. But, despite this, very often the rule is violated. Although, on the other hand, at this stage of development of the legal system, there is a problem when there is a containment and streamlining of the scope of departmental (as well as regional) regulations.

It is very clearly seen how the Decrees of the President, the resolutions of the Government are inferior to departmental acts in the entire array of legal acts regulating insurance relations.

All departmental acts can be divided into rules, regulations, letters, orders, instructions. The insurance legislation distinguishes the following types of rules: rules in the form of a departmental act, exemplary insurance rules and 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).

prescribed in Art. 943 of the Civil Code of the Russian Federation insurance rules - this is a special type of local acts of the insurer, because if the insurance contract refers to the possibility of applying such rules, the latter are binding on the insured (beneficiary). The policyholder (beneficiary) has the right to refer, when protecting his interests, to the rules of insurance of the corresponding type, to which there is a reference in the insurance contract, even if these rules are not binding on him by virtue of the said article.

Also, in the system of insurance legislation, acts of local regulation play a very important role, which are divided into individual and regulatory, depending on the nature of the instructions included in them. Regulatory local acts are legal acts of generally binding action. The main purpose of their publication is to regulate the behavior of a particular subject of law.

local legal acts, as a rule, they are published by the insurance organizations themselves to resolve internal issues, thus carrying out law-making activities that are aimed at regulating internal relations. Corporate acts regulating insurance activities should not contradict the normative acts of a higher rank and be subordinate to them. The scope of application of local legal acts is limited by the subject's belonging to a collective or membership arising on various grounds.[15]

As the second source of insurance law, we can single out the custom of business turnover. Custom is a meaningful concept, and it is understood as the custom itself, as well as traditions and customs. Civil legislation uses a generic concept to designate the relevant categories - "usually imposed requirements" (Articles 474, 478, 992 of the Civil Code of the Russian Federation). Article 5 of the Civil Code of the Russian Federation defines the customs of business turnover in any area of ​​entrepreneurial activity - this is a type of ordinary rule.

Signs of business practice. Firstly, a custom is an established and widely used rule of conduct, usually in the field of entrepreneurial activity. Secondly, the custom is widespread. "Unlike individual phenomena, it is a rule of conduct for a general action, although in content it is a detailed norm. Only such norms can become habitual as a result of repeated behavior."[16] Thirdly, the customs of business turnover are rules of conduct that are not provided for by law, and this is what distinguishes customs from the rules enshrined in law. Fourthly, they do not form a single integral system, since they are separate rules of behavior isolated from each other. Often the customs of business turnover are recorded in a specific document. So, for example, collections of customs in the field of foreign trade were published in the Russian Federation. However, Art. 5 of the Civil Code of the Russian Federation establishes that the custom of business transactions exists regardless of whether the rule is fixed or not.

As an example of a business custom, one can name the approximate terms of the contract in cases where there is no reference to these terms in the contract. These conditions must be set out in the form of an exemplary contract or other document and must meet the requirements of Art. 5 and paragraph 5 of Art. 421 of the Civil Code of the Russian Federation.

It should be noted that in the modern business practice of Russia, the development of texts of exemplary terms of contracts has not been widely used. But at the same time, the development of texts is of great importance in the conclusion and execution of contracts. The legal scholar S. A. Khokhlov, who conducted research on the legal forms and techniques of contractual work, paid special attention to samples of draft contracts, which, in his opinion, “should ensure a uniform reflection in all specific contracts of the established“ standards ”of planning, production and commercial activities.

However, in practice, the typification of contractual terms often did not achieve the main goal due to changes in the content of draft contracts in the process of pre-contractual disputes.[17]

In Western countries, standard contracts play an important role in regulating commercial turnover. Various associations, unions of producers or consumers (for example, the Institute of London Insurers) take part in their development.

The question concerning the correlation of business customs with the provisions of legislation or an agreement is regulated by paragraph 2 of Art. 5 of the Civil Code of the Russian Federation. Those customs that contradict the mandatory rules prescribed in the legislation or the contract cannot be applied, since the Russian official doctrine does not allow the use of those customs that contradict the prescriptions of the legislation.

The customs of business turnover are carried out due to the habits that have developed in society. However, being a source of insurance law, the custom must be sanctioned by the state.

In the Russian legal system, there are various forms of state sanctioning of a custom, and one of them has already been mentioned - this is a reference to it in the legislation, and the other is the perception of it by judicial or administrative practice.

Thus, the customs of business turnover are related to legal customs, which distinguishes them from traditions, rituals and routine in society.

In the legal literature, the issue of the correlation of customs and habits is often discussed. Often these concepts are identified, despite the fact that definitions of habits are given and attempts are made to reveal the specifics of this phenomenon.

A meaningful description of the trading habit is given by I. S. Zykin. According to the scientist, "a custom can be defined as a rule that has developed in the field of foreign trade on the basis of constant and uniform repetition of these actual relations. It (the custom) is considered to be part of the will in the transaction if it corresponds to the intention of the parties."[18] "Customs are not a source of law. They apply only when these rules are known to the parties and are reflected in the contract in the form of a direct reference or an implied condition."[19]

As an example of business habits, one can single out the numerous forms of contracts that are being developed by the United Nations Economic Commission for Europe (ECE). Among them, the most famous are forms No. 188 and No. 574 of the General Conditions for the Export Delivery of Machinery, No. 188a and No. 574a of the General Conditions for the Export Delivery and Installation of Machinery, No. 730 of the General Conditions of Sale for the Import and Export of Consumer Goods long-term use and other mass-produced metal products".[20] The EEC has also developed similar forms of contracts in the field of contract agreements (for example, the terms of contracts for work in civil engineering).

Thus, we can say that in modern economic turnover it is very difficult to draw a clear line between the custom of business turnover and business custom. In addition, in modern conditions, business habits often develop into business practices.

LECTURE #2

Structure and elements of insurance law

The insurance legal relationship differs significantly from other types of legal obligations, since it has its own specific set of individual features. This difference is manifested in all its structural elements - subjects, object and content.

The law "On the organization of insurance business in the Russian Federation" in the previous version in Art. 2 contained only the concept of insurance as a relationship to protect the property interests of individuals and legal entities in the event of insured events at the expense of monetary funds, which were formed from the insurance premiums paid by them (insurance premiums). Obviously, the definition of insurance makes it possible to include the insurer and the insured, as well as the beneficiary and the insured person, in the circle of its subjects, since all these persons participate in the insurance obligation.[21] So, as subjects in the insurance relationship, as already mentioned, there are several such groups. These are directly the parties or participants in the legal relationship. They are the insured (the person who applied for insurance) and the insurer (the person who undertakes, upon the occurrence of an insured event, to compensate the insured for the losses caused as a result of this event (clause 1 of article 929 of the Civil Code of the Russian Federation). In addition, two more can participate in insurance legal relations type of entities - this is the beneficiary and the insured person.The beneficiary is the person in whose favor the insurer's obligation to pay the sum insured is performed.If the insured himself intends to receive insurance compensation, then the beneficiary is not singled out as an independent figure.

The insured person is recognized as an entity not only endowed with rights in relation to the above parties, but also acting as the bearer of the subject of insurance protection, that person who should experience an event that falls under the criteria of an insured event and entails an obligation for the insurer to pay the sum insured. It is interesting to note that the insured person as an independent entity appears only in personal insurance, i.e. in this case, his life and health will be the subject of insurance protection.

Article 6 of the Law of the Russian Federation "On the Organization of the Insurance Business" defines the concept of an insurer as legal entities established in accordance with the legislation of the Russian Federation for insurance, reinsurance, mutual insurance and licensed in the manner prescribed by law. This procedure is established in Art. 32 of the said law.

Thus, by virtue of the said Law and Art. 938 of the Civil Code of the Russian Federation only a legal entity can act as an insurer. The legislation of the Russian Federation does not recognize an individual, including an individual entrepreneur, as an insurer. For example, in industrialized countries, the concentration of the insurance fund in the hands of individual entrepreneurs is also allowed. The well-known English company "Lloyd" is an association of individual insurers, each of which carries out insurance operations on its own behalf and at its own risk.[22]

At this stage of the formation of market relations in Russia, taking into account the experience of industrialized countries, it would be reasonable to make appropriate changes to the Civil Code of the Russian Federation and the Law "On the Organization of Insurance Business", thereby enabling individual entrepreneurs to act as insurers. Moreover, for Russia, the most optimal option for organizing the insurance business would be the option using the model of a commercial concession (franchise) agreement.

The circle of participants in relations in the field of insurance is much wider. It should be noted that the classification of insurance agents and brokers as participants in insurance relations (Article 4.1 of the Law "On the Organization of Insurance Business") does not seem quite correct, since they do not protect property interests, acting exclusively as intermediaries,[23] while as participants in relations in the field of insurance, no doubt, actuaries can be attributed.

In this regard, the approach of the legislator seems logical, which, along with the concept of insurance, uses the concept of insurance activity (insurance business). This refers to the scope of activities of insurers for insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries for the provision of services related to insurance, reinsurance (clause 2, article 2 of the Law "On the organization of insurance business"). Thus, the Law implements the idea of ​​the insurance business (insurance activity) as the activity of professional participants in the insurance market.

Speaking about the insurer, it should be borne in mind that, being legal entities, insurance organizations can be both commercial and non-commercial. As a rule, insurance organizations are commercial organizations that are created in the form of economic companies. The procedure for their creation and organization of activities is subject to the regulation of the Civil Code of the Russian Federation, Federal Laws No. 26-FZ of December 1995, 208 "On Joint-Stock Companies", No. 8-FZ of February 1998, 14 "On Limited Liability Companies" and special legal acts.

The current legislation does not prevent the creation of insurance organizations in the form of state and municipal enterprises. There are no restrictions in this regard.

But despite this, it must be remembered that at the moment in Russia there are organizations whose names indicate their state affiliation, although from the point of view of the Civil Code of the Russian Federation they are joint-stock companies. For example, we can name the Russian State Insurance Company (Rosgosstrakh), which was established by Decree of the Government of the Russian Federation of February 10, 1992 No. 76 "On the establishment of the Russian State Insurance Company". The resolution states that the insurance company is a joint-stock company, which was created on the basis of the State Insurance Department of the Russian Federation under the former Ministry of Finance of the RSFSR. Its founder is the State Committee of the Russian Federation for State Property Management (currently the Ministry of State Property of the Russian Federation), which is the holder of 100% of the shares of this company.

Referring to the Civil Code of the Russian Federation, it turns out that this resolution is nothing but legal nonsense, since a joint-stock company is a legal form of a commercial organization with private property, even if public entities (the Russian Federation, its subjects and municipalities) own 100% of the shares.

According to the legislation of the Russian Federation, foreign legal entities are not entitled to act as an insurer, although Russian insurance companies can be created with the participation of foreign capital, subject to certain conditions.

One of the conditions is that these organizations can only be established in the form of a limited liability company or a joint stock company, since this restriction is spelled out in the legislation of the Russian Federation.

Previously, a limit was also set on the share of foreign investors in the authorized capital of Russian insurance organizations - it should not exceed 49%. But after the agreement "On Partnership and Cooperation" was ratified in Russia, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their states, on the other hand, concluded on about. Corfu On June 24, 1994, Russia lifted restrictions on the participation of foreign partners in the authorized capital of domestic insurers 5 years after the signing of the Agreement.

This agreement in accordance with paragraph 1 of Art. 15 of the Constitution of the Russian Federation, art. 7 of the Civil Code of the Russian Federation is part of the Russian legislation and takes precedence over the norms of other legislative acts.

It is understandable that the state desires to protect national insurance in general and insurers in particular from the possible impact of foreign investors (including insurance companies), which have strong financial potential and considerable experience in the insurance market.

Turning to the question of the possibility of creating insurance organizations with a non-commercial organizational and legal form, it should be said that it has controversial points.

The Law of the Russian Federation "On the Organization of the Insurance Business" (Article 6 and Article 7) distinguishes between two groups of insurers, namely: insurance organizations and mutual insurance companies. Mutual insurance companies clearly have the status of non-profit organizations, and insurance organizations can be established in the form of both commercial and non-profit organizations. This comes from a literal interpretation of Art. 938 of the Civil Code of the Russian Federation and art. 6 of the Law of the Russian Federation "On the organization of insurance business". But it is also necessary to take into account the fact that insurance organizations can be divided into private and public ones.

Public insurance organizations include those organizations that are formed on the basis of any public legal act, regardless of the will of individuals and do not pursue the goal of making a profit. Therefore, public insurance organizations are non-profit and are created in the appropriate organizational and legal forms.

The main purpose of the insurance organization is to profit from this activity. Based on this, we can conclude that private insurance organizations should be created in certain organizational and legal forms of a commercial organization (Article 50 of the Civil Code of the Russian Federation). Thus, in Art. 938 of the Civil Code of the Russian Federation and art. 6 of the Law of the Russian Federation "On the organization of insurance business" must be amended.

As noted earlier, mutual insurance companies are established as non-profit organizations (Article 7 of the Law "On the Organization of Insurance Business in the Russian Federation"). This article means that legal entities and individuals for the insurance protection of their interests can create mutual insurance companies in the manner and on the conditions that are determined by the relevant law, i.e. the law on mutual insurance. In paragraph 2 of Art. 968 of the Civil Code of the Russian Federation also provides that the specifics of the legal status of mutual insurance companies and the conditions for their activities are determined by the law on mutual insurance. Currently, there is no such law, and therefore the regulation of all provisions related to a mutual insurance company is based only on the constituent documents of such a society and existing insurance rules.

A feature of mutual insurance societies is the insurance of property and other property interests of its members. This insurance is carried out directly on the basis of membership, if the constituent documents of such a society did not provide for the conclusion of insurance contracts.

In addition, the Civil Code of the Russian Federation in paragraph 5 of Art. 968 gives the right to mutual insurance societies to act as insurers themselves and to insure the interests of persons who are not members of the society. But in this case, such insurance activity must be provided for by its constituent documents, and the company itself is formed in the form of a commercial organization and meets the requirements established by the Law "On the Organization of Insurance Business".

In Russia, at this stage of development, mutual insurance societies are in their infancy. In industrialized countries, the importance and role of companies operating in the insurance market is constantly increasing. For example, in the United States, companies make up 8% of the total number of insurers who specialize in personal insurance operations (there are about 300 in total).

In Japan, societies are the predominant form of organizing personal insurance.[24]

In the Russian Federation, non-profit organizations providing compulsory state insurance include the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the Compulsory Medical Insurance Fund. The formation of such funds is associated with their exclusive purpose.

It should be noted that insurers have the right to carry out insurance activities through intermediaries, namely through insurance agents and brokers. Article 8 of the Law "On the Organization of the Insurance Business" defines the concept of an insurance agent, according to which - these are individuals or legal entities acting on behalf of the insurer and on his behalf. Here we have representative relations, which are enshrined in Art. 182 of the Civil Code of the Russian Federation. Based on this, one person (insurance agent) performs legal or actual actions by virtue of a power based on a power of attorney. Insurance agents, by virtue of the powers granted to them, have the right to conclude insurance contracts, as well as perform other actions on behalf of the insurer. As a rule, the legal relationship between the insurer and the insurance agent is formalized by an agency agreement.

According to the Law "On the organization of insurance business in the Russian Federation", insurance brokers are legal entities or individuals who are registered in the prescribed manner as individual entrepreneurs, carrying out intermediary insurance activities on their own behalf on the basis of instructions from the insured or insurer. It can be said that insurance brokers act as commission agents.

A. G. Smirnykh believes that "according to paragraph 2 of article 2 of the Law of the Russian Federation "On the organization of insurance activities", insurance activity (insurance business) is the activity of insurance business entities in the field of insurance and reinsurance. Since paragraph 1 of Art. 6 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" indicates that insurers are created to carry out insurance, reinsurance and mutual insurance, paragraph 2 of article 8 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" prohibits insurance brokers from carrying out activities not related to insurance ".[25]

Participants in insurance activities also include insurance actuaries - individuals permanently residing in the territory of the Russian Federation, having a qualification certificate and carrying 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 8.1 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

The activity of subjects of the insurance business is subject to licensing, with the exception of the activity of actuaries, which is subject to certification (clause 2, article 4.1 "On the organization of insurance business in the Russian Federation").

In this case, it should be noted that earlier a license to carry out insurance activities was necessary only for the insurer (clause 1, article of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"). Based on the provisions of paragraph 5 of Art. 968 of the Civil Code of the Russian Federation, a mutual insurance company required a license only for insuring persons who are not members of the company. Insurance brokers notified the insurance supervisory authority of their intention to carry out intermediary activities. The activities of insurance actuaries were not regulated at all.

Also in Art. 14 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" states that the subjects of the insurance business can form unions, associations and other associations to coordinate their activities, protect the interests of their members. These associations are not entitled to independently engage in insurance activities, and therefore they are not subjects of the insurance legal relationship.

On the basis of a simple partnership agreement, insurers may act jointly without forming a legal entity in order to ensure the financial stability of insurance operations for certain types of insurance.

Any participant in civil circulation, whether a citizen or an organization, must have civil legal capacity. Insurance organizations also have this property.

Legal capacity - this is the ability of a legal entity to have subjective civil rights that correspond to the goals of its activities and are provided for in its constituent documents, and to bear the obligations that are associated with this activity. Legal capacity arises together with the formation of a legal entity, that is, at the time of its state registration, and terminates at the time of its exclusion from the unified register of legal entities.

A legal entity may have one of the varieties of legal capacity, namely: it can be general or special. General legal capacity implies the ability of a legal entity to have civil rights and incur obligations to carry out those types of activities that are not prohibited by law. In the presence of special legal capacity, there are restrictions related to the main goals and subject of activity of a legal entity. As a rule, non-profit organizations have special legal capacity, in relation to insurance activities these are public insurance organizations, associations of insurers, mutual insurance societies, as well as some commercial organizations that are provided for by law.

The question of the legal capacity of commercial organizations is debatable. For example, several points of view have been expressed regarding the legal capacity of banks, and, according to most scholars, commercial banks are endowed with special legal capacity.

In order to distinguish between general and special legal capacity, it is necessary to use a formal legal criterion, that is, a direct indication of the law. Judicial interpretation is not acceptable in this matter. Certain types of commercial organizations with special legal capacity should be legally enshrined in law in order to avoid disputes and conflict situations.

Any legal entities, including insurance companies, must be subject to state registration. The general rule on the registration of legal entities is enshrined in Art. 51 of the Civil Code of the Russian Federation and the Federal Law of the Russian Federation of August 8, 2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs", which spells out the entire procedure for state registration of legal entities.

Insured recognized as 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"). This is a person who, by virtue of a contract or law, is obliged to pay an insurance premium to the insurer, and upon the occurrence of an insured event, has the right to demand insurance payment from the insurer to himself or to the beneficiary (in the event that insurance is made in favor of a third party).

Three groups of policyholders can be distinguished: legal entities, capable individuals, policyholders by virtue of the law (for example, state authorities and local self-government). The state, subjects of the Russian Federation, municipal formations cannot be insurers.

Individuals can become subjects of insurance legal relations upon reaching the age of 18, and at the age of 14 to 18 years - with the written consent of their legal representatives.

A necessary condition for the participation of a person with the necessary legal personality as an insured in a specific insurance legal relationship is the presence of an insurable interest, which will be the subject of this insurance legal relationship.

Another figure of insurance legal relations is the beneficiary. The original version of the Law "On the organization of insurance business in the Russian Federation" (part 3 of article 5) states that the beneficiary may be an individual or legal entity that is not an insured, but receives insurance payments in return for the latter, if such was provided for at the conclusion of the contract insurance. The condition for the emergence of an independent figure of the beneficiary and its replacement in the insurance contract is the consent of the insured.

Legal status of the beneficiary in insurance legal relations is the implementation of the construction of the contract in favor of a third party.[26] This opinion is confirmed by legal acts that regulate the types of property and personal insurance (Articles 929, 934 of the Civil Code of the Russian Federation).

The presence of the beneficiary in the insurance contract as an independent entity is explained not only by the fact that he has the right to receive insurance compensation, but also by the fact that the beneficiary must fulfill a number of obligations. Article 939 of the Civil Code of the Russian Federation states that the insurer has the right to demand from the beneficiary the fulfillment of obligations that lie on the insured, but not fulfilled by him. Here there is an unreasonably broadly formulated possibility of imposing obligations on the beneficiary under the insurance contract. The beneficiary, being only a third party, cannot bear independent obligations (Clause 3, Article 308 of the Civil Code of the Russian Federation), he only fulfills someone else's obligation under Art. 313 of the Civil Code of the Russian Federation.[27] As a rule, the parties in the insurance contract establish obligations that must be performed directly by the beneficiary.

When imposing the obligations of the insured on the beneficiary, the parties to the contract must exclude the possibility of creating such conditions under which independent obligations will be created for the beneficiary. Any of the obligations that fall on the beneficiary, regardless of whether it was originally assigned or as a result of non-performance by the insured, assumes that the debtor himself is liable for non-performance, including for the actions of third parties, to the insurer.

The right to conclude an agreement in favor of a third party, i.e., the beneficiary, is established by the legislator for all forms of insurance (Articles 929, 934 of the Civil Code of the Russian Federation).

Speaking about the object of the insurance legal relationship, it is impossible not to mention such a constituent element as the insurance interest. But before studying and revealing the content of the insurable interest, it would be more appropriate to join the discussion that unfolded about the object of civil legal relations.

At the time of the discussion, the main directions for understanding the object of civil legal relations were formed.

The study of this issue revealed the need not only to isolate this category, but also to understand it as a structural element of any civil legal relationship.[28] In the study of the category of the object of civil obligation, three directions were formed.

The most widespread theory is the plurality of legal objects. This theory recognized things, products of spiritual creativity, property rights, personal non-material benefits (and even the person himself) as the object of any obligation.[29] Representatives of the second theory, on the contrary, believed that the legal object is one.

Many supporters of this direction recognized a thing as such an object. The most prominent representative of this trend was M. M. Agarkov. He believes that the legal relationship is the behavior of obligated persons, and the object - the thing, or in any case "first of all the thing", to which this behavior is directed.

Another position is the allocation as a single object of any legal relationship of the action to which the established legal relationship is directed.[30] From the standpoint of representatives of this theory, only a person is capable of responding to the impact of law through his behavior.

The third theory insists that any legal relationship has no such element as an object at all. This theory did not find much support among scientists.

It would be more logical to agree with the opinions of those scientists who believe that the object of a legal relationship is what it, in fact, arises from. As a polysyllabic concept, it is a combination of such categories as "things, including money and securities, other property, including property rights", "works and services", "information", "the results of intellectual activity", "intangible benefits ". This classification of objects is enshrined in Art. 128 of the Civil Code of the Russian Federation.

In the field of insurance legal relations, the theory of objects was further developed in the works of many legal scholars.

So, for example, V. K. Raikher believed that the object of a property insurance legal relationship is a thing, and personal insurance - personal benefits.[31]

Despite the fact that this position found support among many scientists, researchers of insurance problems, there were also those who were critical of this point of view. K. A. Grave and L. A. Lunts pointed out, for example, the need to distinguish between the object of insurance protection and the object of insurance legal relationship. They recognized that the objects of insurance protection are indeed things or the life and health of a person. "But neither the insured thing nor the person's personality serve as objects to which the powers and obligations of the subjects of the insurance legal relationship are directed.

The object of the insurance legal relationship is, on the one hand, compensation for losses caused to the insured or a third party (beneficiary), on the other hand, the payment of the sum insured.[32]

V. I. Serebrovsky believed that the object of the insurance legal relationship is the insurance interest: “Once in the science of insurance law, they argued a lot about what is the subject of insurance: property (thing) or interest associated with this property. The battlefield was left for supporters the last opinion ... it is not this or that material thing that is insured, but everything with which the insured has a property interest."[33] Simply put, insurable interest is a property good, which serves as the object of insurance.

The current Russian legislation also recognizes insurable interest as an object of insurance (clause 2, article 929 of the Civil Code of the Russian Federation, article 4 of the Law "On the organization of insurance business").

But there are significant discrepancies between the articles of the Civil Code of the Russian Federation and the Law "On the Organization of Insurance Business". In particular, Art. 930 of the Civil Code of the Russian Federation states that the object of property insurance is property or other property interest, i.e. it is no longer about property, but about the interest in preserving property, which must exist in order for the insurance contract to be valid. And there are many such examples.

Thus, a comparison of the norms of various articles of the Civil Code of the Russian Federation leaves open the question of the object of insurance in case of property insurance: whether in this situation the object of insurance is the property itself or interest in insurance.

In accordance with Art. 4 of the Law of the Russian Federation "On the Organization of the Insurance Business", property interests related to life, health, the provision of medical services (insurance against accidents and illnesses, medical insurance) can act as objects; with the survival of citizens to a certain age or period, with death or with the onset of other events in the life of citizens (life insurance); with possession, use, disposal of property (property insurance); with compensation by the insured for the harm caused to the person or property of an individual (civil liability insurance); interests, with the implementation of entrepreneurial activities (insurance of entrepreneurial risks). Unlike the Civil Code of the Russian Federation (Article 927), the Law distinguishes between several types of insurance.

When insuring general civil liability, the object of insurance is property interests, which are, in essence, objects of personal and property insurance. The object of liability insurance will be the property interests of the insured, which are associated with his obligation to compensate for damage that was caused to third parties and was expressed in damage or destruction of property.

As for life insurance, accident and illness insurance, medical insurance, all these types of insurance can be called one term - personal insurance. The Civil Code of the Russian Federation does not contain such a thing as an "object of personal insurance". Although this does not mean that, in relation to personal insurance, the object of insurance in the form of an insurable interest does not exist at all. Yu. B. Fogelson expresses his point of view on this matter: "... the possibility of causing harm is identical to the presence of an insurable interest."[34] One cannot but agree with this opinion, since nothing prevents the interest of the insured person from being recognized as an object of personal insurance.

In all industrialized countries, insurable interest is an essential condition for obtaining valid property insurance. So, in the English Law "On Marine Insurance", in particular, in Art. 6 stipulates that the insured must have an interest in the subject that is insured by the time the damage occurs.[35]

In the insurance legislation of continental Europe, the presence of an insurable interest is also recognized in personal insurance. Almost the same rules apply in countries with the Anglo-Saxon legal system. This issue acquires particular value in cases where the policyholder, for example, concludes an agreement regarding insurance risks that threaten not himself personally, but the person or property of other persons.

There is a certain set of requirements necessary for an insurable interest to become an object of insurance and to be entitled to judicial protection. First, the interest must be some property good that will be subject to evaluation. In this regard, moral, scientific and other interests cannot be insured. Secondly, in relation to property, insurable interest is initially manifested in the fact that a person interested in its integrity has the right of ownership or other real right, or is in a state of known legal bondage. Thirdly, only subjective interest can be insured. This means that it is not the interest in any property object that is subject to insurance, but the interest of the person interested in insurance. And fourthly, the insurable interest should not be contrary to the rule of law.

Article 928 of the Civil Code of the Russian Federation directly lists the interests that are not allowed to be insured. In particular, it is prohibited to insure illegal interests; insurance of losses from participation in games, lotteries and bets; insurance of expenses to which a person may be compelled in order to free hostages. Contracts that contain the above conditions will be considered void.

It should be noted that Art. 128 of the Civil Code of the Russian Federation, an exhaustive list of objects of civil rights. There is no category of property interests in this list, both in general and insurance in particular. That is why some authors believe that "The insurance contract is a special kind of service that the insurer provides to the insured and which is embodied in the bearing of the insured risk within the sum insured."[36] Obviously, the adherents of this point of view did not think about the fact that insurance does not fall under any of the obligations to provide services provided for in Sec. 39 of the Civil Code of the Russian Federation.

Thus, the insurable interest, as one of the varieties of property benefits that exist along with a thing, services, works, property rights, results of actions, including intellectual activity, acts as an object of an insurance legal relationship.

Initially insurable interest is defined as an independent object of the insurance legal relationship because "the insurer does not assume the obligation to restore this or that thing, but undertakes to compensate for the damage that the insured may suffer; the insurer can also compensate for indirect damage incurred by the insured; simultaneous insurance by a number of persons is possible that are in different physical relations to the same thing."[37] The party that is obligated under the insurance contract, when performing actions to pay the sum insured, realizes the insurable interest of the insured or the insured person.

The definition of the concept of "insurance interest" is absent not only in the Law of the Russian Federation "On the organization of the insurance business", despite the fact that interest is the main element of the insurance legal relationship, "but also in all legislation as a whole. And this provision is puzzling to many scientists and practitioners .

As a rule, in the literature the concept of insurable interest is formulated by individual authors in different ways. For example, economists very often believe that insurable interest is nothing more than a measure of the liability of an individual or legal entity in insurance. And in relation to property insurance, the insurable interest is expressed in the value of the insured property. Accordingly, in personal insurance, the insurable interest is to guarantee the receipt of the sum insured in the event of events that are due to the conditions of insurance.[38]

In many legal publications, firstly, the relationship by virtue of which a certain person, due to a well-known event, may suffer property damage, and, secondly, the benefit that the absence of this circumstance represents for the insured, is called insurable interest. So, for example, V. I. Serebrovsky believes that "insurable interest is a property value that the insured may lose from an insured event."[39]

G. F. Shershenevich defined a subjective right as a separate possibility of exercising an interest.[40] He draws attention to the fact that a legal relationship that compels one person to perform actions in favor of another implies that the latter has an interest in the performance of this act. Lack of interest, which is always expressed in the form of property, or its termination indicates the absence of an obligation or its termination.[41]

Continuing the theory of interest, many scholars and Yu. K. Tolstoy in particular talk about the satisfaction of the interest of the authorized person within the framework of emerging civil relations, which determines the content of the will of the authorized person, the interest itself.[42]

Even more controversial is the question of the objective or subjective origin of interest. Having sufficiently deeply explored the nature of interest in civil law, V.P. Gribanov believes that interest is a phenomenon that combines objective and subjective aspects. In reality, this is exactly what it is, since interest is objective in nature and is a form of manifestation of economic relations in the activities and actions of people. But in order for economic and other factors of social life to be able to manifest themselves as interest, "... they must inevitably pass through people's consciousness, take the form of "conscious motives."[43]

One cannot but agree with the point of view of V. P. Gribanov that interest is a need that has taken the form of a conscious impulse and manifests itself in life in the form of desires, intentions and aspirations.

Property interest a certain person is expressed in the property that belongs to him, as well as property rights and intangible benefits.

The insurance legal relationship differs from other civil legal relations in that the insurance interest, being a kind of property interest, acquires an independent value of the object of the obligation.

Elements included in the subject of insurance protection, such as property, property rights and intangible benefits (life, health), are not subject to legal movement within the insurance legal relationship, but are only carriers of insurable interest. The existence and recognition of an insurable interest constitutes for the insured and (or) the insured person the property right to receive compensation in the amount of the property or non-property damage caused, which is covered by the subject of the insurance legal relationship. The right to property compensation is a broader concept in relation to the right to receive insurance payments, which the beneficiary has as an independent subject of the insurance legal relationship.

For example, such a type of insurance as personal insurance does not initially contain the goal of restoring the health of the insured or the insured person, it is of a compensatory nature, which is expressed in the property interest of the insured or the insured person. Its size is set by the insured.

The insurable interest may represent the interest of the owner, lessee, carrier or other persons who are linked by civil rights and obligations regarding the same thing. In this case, the property rights of each of these subjects will generate an independent insurance interest, which will make it possible to protect the property interests of all subjects of civil rights, thereby realizing the main goal of establishing insurance legal relations.

It is impossible to attribute to the object of the insurance legal relationship both a thing or other property, and life, health of the insured person within the framework of personal insurance.

As a result, the object of the insurance legal relationship is the insurance interest as an independent object of civil rights. Insurance interest is a need (a measure of material interest) realized by the insured or the insured person in obtaining a property benefit in the form of an insurance amount upon the occurrence of a known event.

Insurance relationship - this is a social relationship regulated by the norms of insurance law, the participants of which are the bearers of rights and obligations in the field of insurance.

The content of the insurance relationship will be a set of civil rights and obligations. It can be said that civil legal relations, powers and obligations are related to each other as form and content and are dependent on each other.

As noted by O. S. Ioffe, “powers and obligations cannot exist outside a legal relationship, and a legal relationship exists only insofar as it expresses the powers and obligations of its participant.”[44]

In the legal literature, there is a unanimous opinion about the essence of authority and legal obligation. S. N. Bratus proposes to define subjective civil law "as a measure of the possible behavior of a certain person, secured by law and thereby the corresponding behavior of obligated persons."[45] Many scientists belonging to different schools and trends agree with his opinion.

It can be said that a subjective duty is a measure of proper behavior of an obligated person in order to satisfy the interest of the authorized person in a particular legal relationship, provided that the authorized person is provided with the opportunity to require the obligated person to fulfill the obligation, relying on the apparatus of state-legal coercion.[46]

Any legal relationship has its own specific features.

Firstly, the legal relationship is ideological in nature, since the emergence, change and termination of legal relations passes through the legal consciousness of people, in which the main place after perestroika was taken by the worldview of the transition to market relations and free enterprise.

Secondly, the legal relationship is of a volitional nature, since it is always the result of the will of both or one of the parties.

Thirdly, a legal relationship is always a kind of connection between the participants through their subjective rights and legal obligations, therefore it is bilateral in nature.

Fourthly, the legal relationship has the nature of the interconnectedness of the relations of its participants. This is expressed in the mutual rights and obligations of the participants in legal relations.

And, fifthly, the legal relationship plays a regulatory role, which determines the behavior of the parties and introduces an element of regulation and order into public practice, while determining the public will.

In order to disclose the content of subjective rights in the insurance legal relationship, it is necessary to disclose the main obligations of the participants in this legal relationship. Speaking about the main obligations of the insured, V. I. Serebrovsky suggests dividing them into two groups: obligations before the occurrence of an insured event and obligations that arise from the moment an insured event occurs.[47]

The main obligation of the insured is the timely payment of the insurance premium to the insurer for insurance (Article 954 of the Civil Code of the Russian Federation). The insurance premium is understood as 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.

Article 11 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" states that the insurer has the right to apply the insurance rates developed by him when determining the amount of the insurance premium. Insurance rates are insurance premium rates per unit of the sum insured or per insurance object.

In some cases, the establishment of insurance tariffs is carried out in accordance with federal laws. As a rule, such tariffs are set for specific types of insurance.

The insurance premium (insurance fee) is also a controversial issue, especially in the field of protecting the rights of the insured. After the policyholder has paid the insurance premium (insurance fee), he must be sure that the insurer will have the funds to fulfill the main obligation. The fulfillment of mutual interests by the parties of an insurance legal relationship is regulated by the legislative establishment of a system of insurance tariffs, mandatory insurance reserves and guarantees of the insurer's solvency.

As noted earlier, Art. 11 of the Law of the Russian Federation "On the organization of the insurance business" defines the insurance rate as the rate of the insurance premium per unit of the sum insured or the object of insurance.

According to Art. 140 of the Civil Code of the Russian Federation, the ruble acts as a unit of the sum insured, since it is a legal tender, which is mandatory for acceptance throughout the territory of the Russian Federation.

Insurance tariffs for compulsory types of insurance are established by laws on compulsory insurance. In voluntary types of insurance, tariffs are calculated by the insurer.

The insurance organization sets insurance rates, observing the condition that the funds collected from the insured should be sufficient to make it possible to make insurance payments to all insured persons for certain types of insurance. The amount of insurance payments directly depends on the cost of JSC insurance payments for specific types of insurance, taking into account a certain set of insurance risks.

The essence of the insurance premium lies in the fact that it is necessary to create insurance reserves, which will be a guarantee of the insurer's solvency at the time the obligation arises under the main insurance obligation.

Another important obligation of the insured is to notify the insurer of the circumstances known to him, which will be essential for identifying the likelihood of an insured event and the amount of insurance losses from the consequences of its occurrence (insurable risk) if these circumstances are unknown and should not be known to the insurer. (Article 944 of the Civil Code of the Russian Federation).

A feature of insurance legal relations is the obligation of the parties, primarily the insured, to notify each other in good faith of all known or significant facts that may affect the terms of the concluded contract.

But it should be noted that the principle of the highest confidence of participants in insurance legal relations has nothing to do with personal trust (fiduciary) obligations.

The obligation of the insured (beneficiary) to immediately notify the insurer of significant changes in the circumstances that have become known to him, which were reported to the insurer at the conclusion of the contract, is enshrined in Art. 959 of the Civil Code of the Russian Federation.

Also the obligation of the insured according to Art. 961 of the Civil Code of the Russian Federation is the obligation to immediately notify the insurer of the occurrence of an insured event. The same obligation also lies with the beneficiary, who became aware of the conclusion of the insurance contract in his favor, if he intends to exercise the right to insurance compensation.

As a rule, the said obligation falls on the insured in the event that a property insurance contract has been concluded. But the legal consequences of failure to fulfill such an obligation also apply to a personal insurance contract by virtue of paragraph 3 of Art. 961 of the Civil Code of the Russian Federation, if the insured event is the death of the insured person or harm to his health. At the same time, the term for notifying the insurer established by the contract cannot be less than 30 days.

After the conclusion of the insurance contract, the policyholder is obliged to take care of the safety of his property, interest, in respect of which he is insured. But it should be noted that this obligation is not subject to official consolidation in the Civil Code of the Russian Federation. However, an analysis of the norms of the Civil Code of the Russian Federation and other legal acts, including insurance legislation, showed that the insured is obliged to comply with generally accepted rules for the operation and storage of insured property, safety regulations, etc.

Upon the occurrence of an insured event, which is provided for by the property insurance contract, the insured is obliged to take reasonable and available measures in the circumstances in order to reduce possible losses. In this case, the policyholder must follow the instructions of the insurer, if they are communicated to the policyholder (Article 962 of the Civil Code of the Russian Federation). The norms of this article do not apply to the beneficiary.

In addition, the policyholder is obliged to provide the insurer with the possibility of transferring the rights to compensation for damage (the right of subrogation). To do this, the insured or the beneficiary is obliged to transfer to the insurer all documents and evidence, as well as to inform him of all the information that is necessary for the insurer to exercise the right of claim that has passed to him. This obligation of the insured is enshrined in paragraph 3 of Art. 965 of the Civil Code of the Russian Federation. "Thus, if the insured waives his right to claim against the person who is responsible for the losses indemnified by the insurer, or if the exercise of this right has become impossible due to the fault of the insured (beneficiary), then the insurer is exempted from paying insurance compensation in full or in the appropriate part and has the right demand the return of the overpaid amount of compensation".[48]

Speaking about the obligations of the insurer, it is necessary to name the main obligation - to pay the insured a certain amount of money upon the occurrence of unfavorable consequences corresponding to the insurance risk. This obligation for property insurance is enshrined in Art. 929 of the Civil Code of the Russian Federation, for personal - in Art. 934 of the Civil Code of the Russian Federation. Payment to the insured of insurance compensation in the event of an insured event is carried out by the insurer on the basis of an insurance act, which is drawn up directly by the insurance organization itself. At the time the insurer receives an application from the insured (beneficiary) with a claim for insurance payment, the insurance organization is obliged to draw up an insurance act and pay the insurance payment to the insured within the period established by the contract or the relevant insurance rules. It should be noted that, in addition to an application for an insurance payment, the insured (beneficiary) is obliged to provide the insurer with the necessary documents that will indicate the occurrence of an insured event.

A feature of the insurance payment, which distinguishes it from the insurance premium, is that it (insurance payment) is not always expressed in monetary form. The insurance legislation, in particular regarding compulsory insurance, provides for rules that establish the possibility of compensation in kind, for example, in the form of medical services, sanatorium treatment, etc.

Also, one of the important obligations that lie with the insurer is the obligation to familiarize the insured with the rules of insurance when concluding a contract. In paragraph 2 of Art. 943 of the Civil Code of the Russian Federation states: “The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are binding on the insured (beneficiary) if the contract (insurance policy) directly indicates the application of such rules and the rules themselves are set out in one document with the contract (insurance policy) or on its reverse side or attached to it. In the latter case, when handing over the insurance rules to the insured, it must be certified by an entry in the contract (insurance policy). If the insurance rules are not prescribed in the insurance contract (insurance policy), and the contract (policy) itself does not contain an entry on the delivery of such rules to the policyholder, then such an action on the part of the insurer can be regarded as a failure to fulfill the obligations established by the rules.

The insurer is obliged not to disclose information about the insured, beneficiary, insured person, which were obtained in the course of professional activity, their state of health, as well as their property status (Article 946 of the Civil Code of the Russian Federation). The insurer is not entitled to disclose information about the policyholder, beneficiary, insured person, which will constitute their official or commercial secret, information relating to family or personal life.

The obligation of the insurer is that, in the event that the insured makes a written request in the insurance contract for the risk of liability for causing harm, he must replace the insured person (if the liability of a person other than the insured is insured), unless otherwise provided by the contract (Article 955 of the Civil Code RF). If there is a demand from the policyholder regarding the replacement of the insured person in the personal insurance contract, then such a replacement will be possible only with the consent of the insured person and the insurer.

Based on Art. 956 of the Civil Code of the Russian Federation, the insurer is obliged to replace the beneficiary in the insurance contract with another person, but only with the written consent of the insured. The Civil Code of the Russian Federation provides for a rule according to which the mandatory consent of the insured person is required when replacing the beneficiary under a personal insurance contract if the beneficiary was appointed with the consent of the insured person. It should be noted that the beneficiary cannot be replaced after he has fulfilled any of the obligations under the contract or has submitted a claim to the insurer for the payment of insurance indemnity or the sum insured.

All of the above rights and obligations of the parties to the insurance legal relationship are not exhaustive, since the insurance rules and the insurance contract may establish other rights and corresponding obligations of the insured and the insurer.

In order to classify certain objects, it is necessary to sequentially divide them into certain categories and observe the basic rules of taxonomy at all levels of such distribution. Some scientists believed that "in the classifier, regardless of the field of science or practice in which it is used, it is necessary to distinguish four main elements: the object and goals of classification, classification features and units."[49]

In this case, the object will be insurance legal relations, and the goals can be very different, for example, educational, scientific, etc. But it will be more useful to classify insurance legal relations that will have direct access to insurance legislation.

And then the main goal of such a classification will be the division of all insurance legal relations into hierarchically built, interconnected links for the formation and development of insurance legislation.

Taking into account the subject and method of legal regulation, the whole mass of insurance legal relations can be divided into private insurance legal relations and public insurance legal relations. It should be immediately noted that it is private insurance relations that occupy a large part of all insurance and prevail over public ones.

At the moment, in the Russian system of insurance legal relations, only two types of insurance which are subject to public law regulation: compulsory health insurance, social insurance (compulsory employment insurance).

Essential features that distinguish insurance legal relations of a public law nature from private law insurance legal relations.

First, the legal regime of funds in the form of insurance premiums. In almost all types of public insurance, payment of insurance premiums is made at the expense of state-owned funds.

But there is a difference between compulsory state insurance and other types of public insurance. In the first case, insurance is carried out at the expense of budgetary funds, and in the second - with funds belonging to non-budgetary funds of the Russian Federation (for example, the Pension Fund of the Russian Federation).

Secondly, the main feature of public insurance legal relations is that one of the parties in such a legal relationship is the state represented by an authorized federal executive body or a state institution.

In compulsory state insurance, on behalf of the state, the federal executive body that is the insurer in these legal relations (Article 969 of the Civil Code of the Russian Federation) acts.

In compulsory medical, pension, social insurance, special state institutions, which are called funds, act as insurers. The powers of insurers are determined by the legal personality of these legal entities. Despite the fact that off-budget funds operate without licenses for the right to engage in these types of insurance, it is important that all these institutions form an insurance fund, which is created by making mandatory and voluntary insurance premiums, as well as income received from investing free cash. Such a system is no different from the general procedure for creating insurance reserves of any insurance company.

Public insurance also regulates a number of issues related to the territory of action, the amount of insurance rates, insurance premiums, and the timing of their payment. Of particular importance is the state regulation of the amount of insurance premiums, which are subject to mandatory payment by policyholders in one form or another of public insurance.

So, for example, the rates of insurance contributions to mandatory insurance funds are set at the level of federal laws.

Considering the question of the division of insurance legal relations into private and public, it can be noted that insurance legal relations can arise within the limits of both compulsory and optional insurance. This is the basis for the emergence of another classification of insurance legal relations.

The main criterion for referring to one or another type of insurance in this case is the presence or absence of an obligation when establishing insurance legal relations. Therefore, all existing insurance legal relations can be divided into legal relations arising from voluntary insurance and legal relations arising from compulsory insurance.

The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 3) also indicates that insurance is carried out in the form of voluntary insurance and compulsory insurance. The first is carried out on the basis of an insurance contract, and the second - by virtue of law.

As the existing third classification of insurance legal relations, one can name the division of such legal relations depending on the subject of insurance protection. "The subject of insurance protection are objects of civil rights in the form of material and personal non-material benefits."[50] Any of the objects of civil rights can act as the subject of insurance protection, since any owner of an object of civil rights can bear unfavorable consequences from quantitative or qualitative changes in such an object, changes in its legal content, i.e. bear the risk. In the absence of the subject of insurance protection, there can be no reason for insurance.

Also, the classification of insurance legal relations can be carried out according to a variety of criteria. Taking into account the object of insurance, property insurance is divided into subgroups: property insurance (Article 930 of the Civil Code of the Russian Federation), civil liability insurance (Articles 931, 932 of the Civil Code of the Russian Federation), business risk insurance (Articles 933, 967 of the Civil Code of the Russian Federation).

When dividing property insurance legal relations, taking into account the subject of insurance protection, the following existing types can be named: legal relations arising from insurance of means of land transport; legal relations arising from the insurance of air transport means; legal relations arising from water transport insurance; legal relations arising from cargo insurance; legal relations arising from the insurance of other types of property.

Depending on the grounds for the onset of liability, among insurance legal relations arising from civil liability insurance, the following are distinguished: liability insurance for causing harm or non-contractual liability (Article 931 of the Civil Code of the Russian Federation); liability insurance under a contract or contractual liability (Article 932 of the Civil Code of the Russian Federation).

With this classification of insurance legal relations, such a factor as the type of danger plays an important role, therefore, taking into account it, insurance legal relations can be divided into legal relations arising from: civil liability insurance of motor vehicle owners; carrier's civil liability insurance; insurance of civil liability of enterprises - sources of increased danger; professional liability insurance; liability insurance for non-fulfillment of obligations; insurance of other types of civil liability.

In turn, legal relations arising from business risk insurance can also be classified on various grounds. So, for example, taking into account the area of ​​business risk insurance, insurance legal relations can be divided into legal relations arising from business risk insurance in banking, exchange, investment and other activities.

Those legal relations that arise from personal insurance contain two main types: those arising from life insurance; arising from accidents and diseases.

Thus, it can be noted that in the field of insurance activities, the issue related to the classification of insurance legal relations is important, because the subjects of insurance relations in each case must know the subject and nature of the relations they enter into.

For example, a license is issued not for insurance activities in general, but only for specific types of insurance.

In addition, the current Law of the Russian Federation "On the organization of insurance activities in the Russian Federation" does not contain a scientifically based classification of insurance and insurance risks, and this negatively affects law enforcement practice.

In addition to the listed types of classifications of insurance legal relations, there are others. So, for example, on the grounds of occurrence, all insurance legal relations can be divided into legal relations arising from contracts and arising from the composition of legal facts without the participation of a contract.

LECTURE #3

Risk as a source of insurance relations

From a philosophical point of view, the production of material values ​​by a person is the basis of his being in a certain social form. According to this approach, man and nature are interconnected, since man, on the one hand, has an impact on nature, and on the other hand, adapts it in a certain way to his needs.

With the development of scientific and technological achievements, the process of development of natural resources by man has become noticeably easier. This is a prerequisite for the growth of social production.

Despite the fact that there is an inseparable unity between man and nature, man is constantly fighting against natural phenomena, being in a state of emergency and risk.

Therefore, we can say that the risk for a person is the norm of existence. The risk in this case is expressed in the fact that almost all objects of his labor are exposed to the destructive forces of nature, expressed in the form of natural disasters, accidents, catastrophes. All these natural phenomena are considered as a danger to a particular subject of human labor, in connection with which an insurance relationship arises, that is, an object of insurance protection.

The basis for the emergence of insurance relations is the risk. Without risk, an insurance legal relationship cannot arise, since there will be no insurable interest.

The content and degree of probability of risk serves as the basis for determining the content and boundaries of insurance coverage.

What is risk? Literally translated, the word "risk" means "making a decision", and the result of this decision is unknown, and, accordingly, may not be safe. Risk is something that may or may not occur.

In paragraph 1 of Art. 9 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" states that "an event considered as an insured risk must have signs of probability and randomness of its occurrence." We can say that the risk is a hypothetical possibility of the insured's loss. Any specific risk is only the possibility of a certain adverse event occurring.

Risk is an integral part of any human activity and manifests itself as a set of individual isolated risks.

When considering the nature of the risk, a variety of aspects can be applied. So, for example, the measurement of risk is carried out with the help of mathematical measurements, namely, by applying the theory of probability and the law of large numbers. It can be said that, by its nature, risk is a negative event, upon the occurrence of which negative economic consequences are possible, and the moment and size of the occurrence of such consequences is unknown.

There is a view in the literature that risk is the deviation between planned and actual results. And this deviation can be both negative and positive. With a negative deviation, there is an unfavorable result. A positive deviation occurs if the result obtained turned out to be more favorable than that which was expected. It is the negative outcome that can occur while waiting for some phenomenon that is the risk.

Risk is very closely intertwined with such a concept as "damage". If risk is only a possible negative variance, then damage is the actual actual negative deviation. It is through damage that the risk finds its realization, which, with the help of damage, acquires real and measurable outlines. In the process of cognizing nature, a person in his transforming activity inevitably faces risk and damage. Where there are risks, the essence of which is incomprehensible to a person, the greatest damage occurs. In this case, there is a need to collect, analyze and generalize certain information about various negative phenomena in order to recognize general development trends and patterns of manifestation, scientific risk prediction. A person studies, reflects the achieved level of knowledge of risk, represents its essence, but many risks still remain unknown, since the reasons for the manifestation of risks, causal relationships with the environment and society have not been fully clarified and disclosed. Scientific and technological progress and the boundlessness of knowledge create objective prerequisites for the scientific explanation of certain phenomena, reducing the impact of unknown risks. It is the possibility of adverse consequences in a given situation, i.e. the risk and the need to cover possible damage as a result of its manifestation that cause the need for insurance. Insurance plays the role of protecting human activities from various accidents. With the help of insurance, it is possible to achieve the set goal. All these factors make it possible to single out risk as a basic concept in insurance law.

It is the multiplicity of forms of manifestation of risk, the frequency and severity of the consequences of its manifestation, the impossibility of completely eliminating the likelihood of its onset that necessitate the organization of insurance activities.

The achieved level of development of productive forces and production relations is a reflection of the existing forms of organization of insurance activities.

Expressing certain features of risks and specific forms of its manifestation in relation to a person and the real world, various socio-historical types and types of insurance have been formed, provided for in the insurance fund.

Risk, being an integral part of insurance activity, is characterized by several main features:

1) this is a specific phenomenon or a set of phenomena, in the event of the occurrence of which payments are made from the previously formed corresponding insurance fund in kind or in cash;

2) it is a direct connection with the object that was insured. Therefore, a single event or a set of events cannot be considered independently, they must be correlated with the object that is insured and where the risk is realized. Each risk has a certain specific object of manifestation. In the mind of a person, the risk is associated with this object. Subsequently, in relation to this object, risk factors are manifested and studied.

The analysis of the information received, which is supported by a number of other activities, makes it possible to identify and significantly reduce the negative consequences of risk realization.

In addition, the risk is associated with the probability of loss or damage to the object that was accepted for insurance. Probability in this case is a measure of the objective possibility of the occurrence of a given event or group of events that have a negative impact. Each probability can be represented as a proper fraction. So, for example, if the probability is equal to zero, it can be argued that this event cannot occur. And with a probability equal to one, there is a 100% guarantee that this negative event will occur. Therefore, it can be noted that the lower the probability of a risk, the easier and cheaper it will be to arrange insurance for this risk. With a high probability of negative consequences, expensive insurance coverage is expected, which will make it difficult to carry it out.

The insured event itself cannot act as an object of insurance. Such an object is a risk that may or may not occur. Therefore, we can conclude that the risk is an event that can occur regardless of the will of the person. The risk finds its expression with the help of the occurrence of those random events or phenomena, about which the insurance legal relationship arises.

By observing many objects that are exposed to the same risk for the same period of time, it is possible to identify the pattern of occurrence of random events. It can be concluded that the more the population is subject to observation, the greater the likelihood of a reliable result.

However, in practice, it is almost impossible to predict the occurrence of any particular event within the observed population. In the case when the number of objects of observation increases and approaches infinity, we can say that the empirical probability will be sufficiently reliable. Unreliable results will be only when the given phenomenon or event is unknown. From this we can conclude that the unreliability of the results is purely subjective. In addition, this characteristic is variable. This follows from the fact that the regularities of the origin or manifestation of this phenomenon (based only on the existing ideas about nature and society) still remain unidentified.

The results of the scientific and technological revolution have greatly expanded the boundaries of our understanding of the world around us. All those unreliable phenomena that humanity previously possessed have given way to a set of reliable phenomena that lend themselves to scientific explanation and description. For example, all the data obtained as a result of long-term observations make it possible to trace the dependence of seismicity and the time of occurrence of large-scale earthquakes on the physical processes occurring in the Earth's atmosphere, in the interplanetary medium, and on the Sun. The study of the issue related to the influence of solar activity on terrestrial processes allows solving many problems of risk forecasting, as well as confirming the incorrectness of various previous ideas. In addition, this question allows us to understand that human life and the biosphere are inseparable from each other. And this, in turn, will limit the consumption of natural resources and smooth out the instability that leads to disasters.

Along with this, scientific and technological progress potentially creates prerequisites for the emergence of new risks associated with the achievement of new knowledge, the imperfection of technology or its improper operation by humans. The latest technologies in many cases exceed the limits under which a person is still able to control machines and mechanisms without harming his health, and the science of their interaction is underestimated in the public mind.

In order to protect oneself from various accidents, a person needs to apply such developed methods as updating production technologies; its maximum safety; mathematical modeling of emergency situations, etc. In the presence of complete, systematic and reliable information, the phenomena of chance in a generalized form are presented as regularities.

When a risk is manifested, its dependence on the randomness of the event and the will of a person is reduced to zero. This is the case with respect to natural disasters and accidents. In the event that human knowledge reaches the level at which it will be possible to project the conditions of the past into the future, then the ability to control risk will be much more effective and its negative impact will be minimized.

Applying all of the above to insurance activities, it should be noted that insurance is characterized by objective and subjective probability. Objective probability shows all the laws that phenomena and objects have in their objective reality. And subjective probability contains accidents that ignore the objective approach to reality, as well as accidents that deny or do not take into account the objective laws of nature and society.

In addition, risk can be represented using logical probability, based on the study of the laws of nature and society using induction, deduction, analysis, synthesis and hypothesis. The use of logical probability is necessary when creating and applying new types of insurance that do not have an information base for preliminary observation of the population.

In the event that, when introducing a new type of insurance, preliminary work was carried out related to the collection and analysis of statistical data, mathematical laws were used, in particular the law of large numbers, then the result obtained will quite successfully reflect the statistical probability.

The objectivity of assessing the size of the risk itself depends on how accurately the probability of a particular event will occur. Insurance activity and the amount of risk are very closely related. Techniques related to risk leveling, risk distribution, risk sharing constitute an integral arsenal of the insurer, with the help of which insurance is organized in practice.

The choice of one of these methods depends on the size of the risk.

A correct assessment of the size of the risk is of great importance in the practical work of the insurer, as it is associated with the available resources of the insurance fund and compensation for material damage to the insured in cash. The correctness of such an assessment and the conclusions drawn from it makes it possible to create an insurance fund sufficient to pay insurance amounts and insurance compensation both in ordinary and in particularly unfavorable years (associated with mass or emergency natural disasters).

Risk analysis allows us to divide them into two large groups: insurance and non-insurance (not included in the insurance contract). The list of insurance risks is the volume of insurance liability under the insurance contract. It is expressed using the insurance amount of the contract. The price of risk in monetary terms is the tariff rate, usually calculated on 100 rubles. sum insured or as a percentage (per mille) to its absolute value. insurance risk It's just an occasional risk.

As it has already been clarified, the expected event is recognized as an insured risk, in case of which occurrence insurance is carried out. An insured risk is recognized only as an event that has signs of probability and randomness of its occurrence. Therefore, the risk is not constant, but variable. This is due to constant changes in the economy, as well as many other factors. The insurer, due to the specifics of his work, must constantly monitor the development of risk, and therefore he constantly maintains appropriate statistical records, analysis and processing of the information collected. Based on these data on the possible occurrence of risk, the insurer evaluates it. The assessment consists in the analysis of all risk circumstances that characterize certain risk parameters.

In insurance, risk groups are distinguished, which serve as a measure and evaluation criterion. Each insurance group contains corresponding objects that have similar characteristics. Such a group is called homogenous group.

When assessing a particular risk, its results are the basis for determining which risk group the object of insurance should be assigned to, as well as establishing which tariff rate corresponds to this risk. It should be noted that the average value of risk circumstances is the average risk type of the group. The risk value is used as a measure of comparison.

In insurance practice, in order to assess a particular risk, as a rule, various methods are used.

The most common methods are: the method of individual assessments, the method of averages and the percentage method.

The method of individual assessments by the insurer is used in the case and in relation to those risks, which cannot be compared with the average type of risk. In this case, the insurer makes an arbitrary assessment, which reflects its professional experience and subjective opinion. The use of this method when concluding an insurance contract has recently become simply a necessity, since there is an increasing introduction of the achievements of the scientific and technological revolution in various industries and agriculture, the creation of large-scale facilities that have a high cost and uniqueness of technologies, etc.

Speaking about the method of averages, it should be noted that it is characterized by the division of some risk groups into subgroups. Thus, an analytical base is created for determining the size by risk characteristics (for example, total production capacity, book value of the insurance object, type of technological cycle, etc.).

The percentage method is a set of discounts and allowances to the existing analytical base, depending on possible positive or negative deviations from the average risk type. These discounts and premiums are expressed as a percentage of the established average risk type.

When assessing insurance risk, as a rule, allocate the following types:

1) risks that can be insured;

2) risks that cannot be insured;

3) favorable risks;

4) adverse risks, as well as a specific type of risk - the technical risk of the insurer.

The largest group is made up of risks that can be insured.

The criteria for the possibility of insuring such risks are as follows:

1) the risk included in the scope of the insurer's liability must be possible;

2) the risk must be random. This means that the object on which an insurance legal relationship arises should not be exposed to danger, which is initially known to the insurer or the insured (beneficiary);

3) the occurrence of an insured event, which is expressed in the realization of risk, should not be associated with the will of the insured (beneficiary);

4) the moment of occurrence of the insured event is not known to anyone;

5) the insured event must not have the dimensions of a catastrophic disaster.

Carrying out the classification of insurance risks, it should be noted that there are several grounds on which the division takes place.

Depending on the source of danger, the risks are divided into those directly related to the manifestation of the elemental forces of nature; associated with the purposeful influence of a person in the process of producing material wealth.

Depending on the amount of liability of the insurer, the risks are divided into universal and individual. For example, the universal risk is theft, which is included in the scope of the insurer's liability under most property insurance contracts. An example of an individual risk is an insurance contract for an expensive painting during transportation and exposure in case of acts of vandalism in relation to it.

Allocate insurance risks abnormal and catastrophic. To anomalous risks include those whose value does not allow attributing the relevant objects to one or another insurance group. It should be noted that abnormal risks are higher and lower than normal. In the event that the risk is below normal, it is considered favorable for the insurer, since it receives coverage under the usual terms of the insurance contract. If the risk is higher than normal, it is not entirely favorable for the insurer, as it receives coverage under the special conditions of the insurance contract. Such conditions may include, for example, the procedure for a preliminary medical examination of a potential insured, if there are good reasons for this. Based on the results of such a procedure, the insurer makes the final decision regarding the conclusion of the insurance contract.

Catastrophic risks constitute a large group, which includes a large number of insured objects or policyholders. Examples of catastrophic risks are earthquakes, tsunamis, hurricanes, etc.

Also, in the general classification of risks, environmental, transport, political and special risks are distinguished.

Environmental risks, as a rule, are not included in the scope of the insurer's liability. But at the same time, certain insurance interests, which are due to environmental risks, led to the creation of a separate type of insurance that meets these interests. Environmental risks are associated with environmental pollution.

Speaking about transport risks, it should be noted that this type has its own internal division. Namely, the division of transport risks into hull and cargo. Casco transport risks include insurance of aircraft, sea and river vessels, railway rolling stock and cars during movement, parking, and repairs. Cargo transport risks imply insurance of goods that are transported by air, sea, river, rail and road.

In addition, there are special risks that are associated with the transportation of especially valuable goods, such as precious metals, precious stones, works of art, and cash. This type of risk is stipulated in the special conditions of the insurance contract and may be included in the scope of the insurer's liability.

The main task of the insurer is to be ready during the entire duration of the insurance contract to compensate the insured for damage in the event of an insured event (risk realization).

LECTURE #4

Characteristics of individual types of insurance

In the life of every person, for various reasons, adverse events can occur, such as illness, disability, disability, death. In the event of their occurrence, the state takes care of maintaining a certain standard of living for a citizen through social insurance and security, while paying appropriate benefits and pensions. But due to the limited financial resources available to the state, it is impossible to fully satisfy the social needs of a needy citizen. For this reason, the amount of benefits paid through the state social insurance is very low.

As the financial capacity of the state grows, the size of these payments increases, and yet their value is far from the real needs of the recipient of payments. In such conditions, it becomes necessary to organize additional insurance protection for the population.

Such additional insurance protection is implemented in the form of both individual savings of funds by citizens (for example, a bank deposit) and in a collective form (for example, through the conclusion of a personal insurance contract).

In the first case, citizens can take advantage of additional insurance coverage if they have a sufficiently high level of income. In the second case, due to the redistribution of small contributions paid in favor of persons with whom an insured event occurred, insurance protection extends to millions of citizens with medium and low incomes.

Thus, personal insurance is an addition to the existing social insurance and security, increasing the degree of insurance protection of citizens in the event of adverse events in their lives.

The object of personal insurance are property interests that are associated with the life and health of insured citizens. Personal insurance as an insurance industry can be divided into two sub-sectors, namely: life insurance and health insurance. The basis of this division was the volume of the insurer's obligations and the term of insurance.

A life insurance contract, due to its specifics, is concluded for a long period (as a rule, at least 5 years). This contract is characterized by insurance payments when the insured person survives until the moment specified in the contract or, in the event of his death, during the validity of the insurance contract.

When calculating life insurance rates, it is mandatory to use mortality tables and rates of return. In Western countries, life insurance is a common type of insurance; it accounts for almost half of all insurance premiums collected by insurance companies. In industrialized countries, premiums paid by the insured in life insurance range from 1 to 4 thousand dollars, and all insurance revenues range from 4% of GDP (in the United States) to 10% (in Japan).

When insuring health, the insurer is obliged to make payments to the insured person in the event that the second person was harmed to health. The term for which health insurance contracts are usually concluded is, as a rule, one year or less than a year, and the determination of insurance rates is not related to actuarial calculations.

It can also be noted that the following groups are distinguished from the sub-sectors of personal insurance: from life insurance - insurance in case of death, insurance for survival; from health insurance - insurance against accidents and illnesses, medical insurance.

The insurance contract in case of death indicates those types of insurance, the conditions of which are to pay insurance compensation only in the event of the death of the insured person.

The conditions for concluding an insurance contract for survival are that insurance payments to the insured person are made if they survive to a certain point agreed in advance, for example, until the end of the insurance period, to a certain age or event.

The contract of insurance against accidents and illnesses is characterized by payments that are made in connection with the loss of health of the insured person, which occurred as a result of an accident or illness.

The essence of health insurance is that the payment for this type of insurance is expressed in the amount of the cost of treatment of the insured person in the event that he seeks medical help.

Each of the listed groups of insurance exists unchanged and is widely used in practice. However, such a phenomenon is common when several types of insurance are concluded in one contract. For example, under an insurance contract against accidents and illnesses, the insurer, in addition to compensating for losses in case of loss of health by the insured, is obliged to make a payment in the event of the death of the insured. Russian insurance law is characterized by the so-called mixed life insurance, in which life insurance and accident and illness insurance are combined in one death insurance contract.

The main purpose of health insurance in the Russian Federation is to guarantee citizens, in the event of an insured event, receiving medical care at the expense of previously collected funds and financing preventive measures.

This type of insurance is carried out in two forms: mandatory and voluntary.

Considering compulsory health insurance, it should be noted that it was introduced in 1993. The main objective of this type of health insurance is to provide all citizens with the same opportunities to receive medical and drug assistance provided from the funds of this insurance in the volume and on the conditions that correspond to state programs. The main program of compulsory medical insurance is approved by the Government of the Russian Federation.

This program aims to ensure that every citizen is guaranteed, firstly, primary health care, including emergency medical care, secondly, diagnosis and treatment on an outpatient basis, the implementation of disease prevention measures and, thirdly, inpatient care .

In compulsory health insurance, the subjects are: the insured person, the insurer, the insurance medical organization, the medical institution. The following persons can be insured persons in this type of insurance: citizens of the Russian Federation, persons without citizenship, foreign citizens who permanently reside in Russia. The insurer for non-working citizens is the bodies of state administration and local self-government, for the employed - enterprises, institutions and other employers. Insurance medical organizations - These are legal entities that have the appropriate state permit (license) for the right to engage in compulsory health insurance. These organizations are not part of the healthcare system of the Russian Federation. An important feature of insurance medical organizations is that these organizations do not carry out their activities on a commercial basis.

Polyclinics, hospitals, research medical institutes and other institutions providing medical care, in addition, persons performing medical activities both individually and collectively act as medical institutions. All listed entities are required to have a license. It is important to note that all income that medical institutions derive from the implementation of compulsory health insurance programs is not subject to taxation.

Compulsory medical insurance contract is, as a rule, not less than one year. The fulfillment of obligations by the insurer arises from the moment of occurrence of the insured event. Such an insured event will be the insured person's appeal to a medical institution in order to receive medical care. Each citizen who has entered into a contract of compulsory medical insurance shall be issued an insurance medical policy. The effect of such a policy extends to the entire territory of the Russian Federation.

Medical institutions operating in the system of compulsory health insurance and insurance medical organizations enter into an agreement between themselves for the provision of medical and preventive care (medical services).

Under this agreement, the medical institution undertakes to provide all insured persons with medical care of a certain volume and quality within a specific timeframe within the framework of the approved program of compulsory medical insurance. An essential condition of such an agreement is the list of services provided by the institution.

To carry out the basic functions of compulsory health insurance, federal and territorial funds have been established as independent non-profit financial and credit organizations. The jurisdiction of the territorial funds established in the constituent entities of the Russian Federation is: financing of compulsory medical insurance, accumulation of financial reserves to ensure the stability of the insurance system, control over the rational use of funds. The Federal Fund develops the basic program of compulsory medical insurance, equalizes the conditions for the activities of territorial funds by allocating the necessary funds, and also finances targeted federal programs.

The financial base of compulsory health insurance is made up of deductions from insurers. In the event that the insured person is unemployed, then payments for him are made by state authorities and local governments on a monthly basis at the expense of the funds provided for by the relevant budget. For enterprises, organizations, institutions and other economic entities, an insurance tariff for compulsory medical insurance is established in the form of a percentage rate in relation to the accrued wages for all reasons.

Under the contract voluntary health insurance the insurer undertakes to ensure the organization and financing of medical services and other services enshrined in the medical insurance program, of a certain volume and quality.

Under this agreement, capable citizens who have entered into an agreement with respect to themselves or third parties (insured) can act as policyholders, in addition, legal entities can also be policyholders, but only if they conclude an agreement in favor of third parties. Citizens who are registered in narcological, neuropsychiatric, tuberculosis, skin and venereal dispensaries are not subject to insurance; HIV-infected; persons with malignant neoplasms. When concluding a voluntary medical insurance contract, the insurer has the right to conduct a preliminary medical examination of persons subject to insurance (to identify the above categories of persons).

When concluding a voluntary medical insurance contract, the insurer issues a medical policy to the insured. This medical policy must contain information regarding the validity period of the policy, as well as a list of institutions that will provide medical services. The insurance medical program chosen by the insured must be attached to the medical policy. An insured event under this contract will be an insured person applying to an institution providing medical services included in the list in case of an acute illness, exacerbation of a chronic disease, injury, poisoning and other accidents for receiving advisory, preventive, diagnostic, therapeutic, rehabilitation and other assistance, which requires medical services.

In the event that the insured person is prescribed treatment and diagnostic measures that go beyond the scope of the selected voluntary medical insurance program, the representative of the medical institution is obliged to notify him.

If the insured person was provided with medical services that are not provided for by the insurance program, then the insurer has the right not to pay for them.

Liability Insurance can rightfully be attributed to property insurance, which is based on the liability of legal entities and individuals for the consequences of their activities. Moreover, such liability should arise only from the requirements of the current legislation.

Any legal or natural person in the course of its activities may harm the health, property and other material values ​​of third parties. On this occasion, the Civil Code of the Russian Federation stipulates that the harm caused to the person or property of a citizen, as well as the harm caused to the property of a legal entity, is subject to compensation by the person who caused the harm in full.

The meaning of liability insurance is that the insurer, by virtue of the contract concluded with the insured, undertakes to compensate for losses to affected persons, who are referred to as third parties, in the event that they have the right to receive compensation from the insured or other insured person as a result of receiving harm from him.

Two main ideas can be drawn from this definition: firstly, liability insurance enables the insured to avoid losses in case of damage to any third party, and secondly, injured third parties receive compensation due to them by virtue of this contract.

This type of insurance was created by the state so that all potential victims could have a guarantee of receiving compensation for the damage caused to them, regardless of the desire and ability of its perpetrators to compensate for the damage caused. We can say that liability insurance serves as a guarantor of compensation for harm to third parties.

Recently, the most common case of concluding a compulsory liability insurance contract is the liability insurance of motor vehicle owners.

This type of insurance is divided into liability insurance for causing harm (civil liability insurance) and liability insurance for breach of contract (contractual liability insurance). Under a civil liability insurance contract, the insurer is obliged to compensate a third party for damage caused to his life, health or property, and such damage must be compensated solely on the basis of the requirements of civil law and is not related to non-performance (improper performance) of contractual obligations. Such liability is called tort liability. As a rule, most of the total amount of liability insurance falls on the share of civil liability insurance.

It is also possible to conclude liability insurance contracts, which arises from non-performance (improper performance) of its contractual obligations by one of the parties. In this case, liability can only arise if the legislation directly establishes its forms and limits for violation of any conditions of certain agreements, and also if the parties have fixed in the agreement the cases and amounts of liability. Thus, insurance that compensates for losses that were caused by the insured to a third party as a result of non-fulfillment or improper fulfillment of contractual obligations is called contractual liability insurance. This type of insurance is very rare.

Civil liability insurance, depending on the circumstances that led to the infliction of damage to third parties, subject to insurance, can be divided into:

1) professional liability insurance;

2) liability insurance of employers for harm caused to the health of their employees in the performance of their official duties;

3) liability insurance for damage caused during the operation of vehicles;

4) insurance of manufacturers and sellers;

5) insurance of legal entities - sources of increased danger;

6) insurance of other types of civil liability of legal entities and individuals.

The object in this type of insurance, the property interests of the insured will act, which are associated with the need to compensate for the damage that was caused by them to third parties during the implementation of their activities. The contract may provide for the possibility of insuring the liability not only of the insured himself, but also of other persons indicated by the insured.

The main obligation of the insurer under the liability insurance contract - to provide the insured with protection occurs when a third party, in accordance with the norms of civil law, makes claims for compensation for harm to the insured. An important condition for the provision of protection by the insurer is the validity period of the insurance contract, as well as the fact that the insured event resulted in death, injury to health and (or) destruction (damage) of property.

In the event that the insured is a legal entity, then the liability insurance contract may apply to each employee of this legal entity who, in the performance of his official duties, caused harm to a third party, since the responsibility for compensation for harm in this situation lies with the enterprise as a whole.

The essence of liability insurance contracts provides for the establishment of the maximum amount of compensation paid by the insurer, which are called the limits of liability of the insurer. The contract may contain several limits of liability. One of them should provide for the maximum possible amount of compensation for each insured event. Also, a liability insurance contract may provide for such a condition as the establishment of separate limits of liability for causing harm to one person and for causing harm to several persons for the consequences of one insured event.

LECTURE #5

Insurance organizations and control over them

Insurance fund - this is a reserve of funds formed at the expense of insurance premiums of insurers and located in the operational and organizational management of the insurer. The insurance funds include the state reserve fund (state centralized insurance fund); insurer's fund; reserve fund of business structures, formed in the process of self-insurance.

Insurance as an independent element of the financial system has a number of characteristic features. The economic nature of insurance funds is ambiguous and is interpreted differently in economic theory, where there are two alternative points of view on this issue: depreciation and redistribution. The first is historically earlier and natural. According to it, the insurance fund has a depreciation nature, it ensures the restoration of society's material values ​​lost due to natural disasters, fires, accidents and other risks. Thus, the insurance fund is a fund of simple reproduction. For this reason, insurance costs, as well as depreciation charges, were initially charged to production costs. Under socialism, it was believed that insurance funds were exclusively redistributive in nature, that is, they were formed on the basis of the redistribution of monetary income and savings formed in the process of the primary distribution of national income. This was quite natural under the conditions of state ownership of the means of production, when enterprises did not have to insure their property.

Under the conditions of a market economy, the situation has changed, there is a need to include the insurance fund in the number of simple reproduction funds.[51]

Insurance as a link in the financial system is characterized by a closed distribution of losses within the framework of a particular insurance fund being created. The formation of the fund takes place in a decentralized manner, since insurance premiums are paid by each insured separately. In this case, the loss of one insured is distributed among all participants, which leads to greater flexibility of the insurance fund and faster turnover of insurance reserves. The funds of this fund are spent to compensate for the damages of only its participants. Thus, insurance is based on the premise that the number of policyholders involved in an insured event is significantly less than the total number of members of the insurance fund who regularly pay contributions.

Insurance payments after combining them into an insurance fund, they are subject to payment (minus the costs for the services of the insurance company) to the insured themselves. The expenditure of insurance resources is carried out in strictly defined cases, stipulated by the insurance contract.

The State Reserve Fund is created in a centralized manner at the expense of national resources and is formed both in kind and in cash. The mission of this fund - Compensation for damage from natural disasters and large-scale accidents.

Specialized monetary funds (insurance reserves) are formed by an individual insurer to ensure insurance payments and are the property of the insurer, but the insurer is limited in the right to dispose of this part of its property. Specialized funds include the Compulsory Medical Insurance Fund, the Pension Fund, and the Social Insurance Fund.

Article 26 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "On the Organization of the Insurance Business in the Russian Federation" establishes that in order to ensure the fulfillment of obligations for insurance, reinsurance, insurers, in the manner established by the regulatory legal act of the insurance regulatory body, form insurance reserves, the funds of which are used exclusively for the implementation of insurance payments.

It is prohibited to withdraw insurance reserves to the federal budget and budgets of other levels of the budget system of the Russian Federation.

Insurers are granted 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, on the terms of diversification, repayment, profitability and liquidity.

Letter of the Ministry of Finance of the Russian Federation of April 15, 2002 No. 24-00 / KP-51 "On the reserve of preventive measures" establishes that insurers, in the manner and under the conditions established by the legislation of the Russian Federation, form insurance reserves necessary for future insurance payments from the received insurance premiums personal insurance, property insurance and liability insurance. In a similar manner, insurers have the right to create reserves to finance measures to prevent accidents, loss or damage to the insured property.

The reserve of preventive measures (RPM) by its nature and economic essence is not an insurance reserve, i.e. it is not related to the insurance obligations of the insurer, therefore, insurance organizations, when developing regulations on the procedure for forming insurance reserves, are not entitled to include the reserve of preventive measures in the composition of insurance reserves .

The funds of these reserves are designated and intended only for financing measures to prevent accidents, loss or damage to the insured property and cannot be used for other purposes.

Non-recognition of deductions for financing preventive measures as an expense of insurance companies for tax purposes does not deprive them of the right, provided such deductions are included in the insurance tariff, to make and account for them as expense items when generating profits. If the structure of the insurance tariff provides for deductions to the reserve of preventive measures, the insurer must make such deductions, as well as spend them in accordance with the target areas. When determining the basic insurance premium for calculating insurance reserves, the amount of the gross premium is reduced by deductions in the RPM.

Based on the foregoing, the management of insurance reserves (their formation and placement) is an important aspect of insurance activities. This part of insurance activity is regulated not by civil, but by specialized financial legislation. Therefore, insurance activity is the subject of not only civil, but also financial law.

Article 4.1. The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" includes insurance agents, brokers and actuaries as participants in insurance legal relations. The formation of the institution of insurance agents in the Russian insurance business began in the 1920s. during the establishment of the state insurance system.

insurance agents - these are natural persons or Russian legal entities (commercial organizations) permanently residing in the territory of the Russian Federation and carrying out their activities on the basis of a civil law contract, which represent the insurer in relations with the insured and act on behalf of the insurer and on his behalf in accordance with the powers granted ( part 1, article 8 of the Law "On the organization of insurance business in the Russian Federation"). Insurance agents may act on the basis of a power of attorney, as employees of the insurer or as attorneys under a contract of agency. The rights and obligations arising from the actions performed by the insurance agent in accordance with the contract concluded by him with the insurance company are acquired by the insurance company-principal.

Due to the specifics of the activities carried out, the insurance agent needs to know: regulations governing the insurance business; types of insurance services and conditions of various types of insurance; fundamentals of a market economy; the procedure for concluding and executing contracts for insurance services; the current system of social guarantees. It is also important for him to have information about the legal framework for the development of insurance activities, taking into account regional specific conditions, about domestic and foreign experience in organizing insurance for the population and business entities, etc.

When formalizing the relationship between the agent and the insurer, the latter must give the insurance agent certain powers, in accordance with which the agent will be able to fulfill the duties assigned to him. The range of such powers is very diverse. So, The duties of an insurance agent include: [52]

1) carrying out operations for the conclusion of property and personal insurance contracts;

2) study of regional conditions and demand for certain insurance services;

3) analysis of the composition of the regional contingent of potential customers, servicing individuals representing institutions, organizations and enterprises of various forms of ownership;

4) establishing the criterion and degree of risk when concluding insurance contracts, taking into account the state of health, age, gender, education, work experience, level of material support and other subjective qualities that characterize the client;

5) conducting reasoned conversations with potential and regular customers;

6) conclusion and execution of insurance contracts, regulation of relations between the insured and the insurer, ensuring their implementation;

7) acceptance of insurance premiums;

8) ensuring the correctness of the calculation of insurance premiums, execution of insurance documents and their safety;

9) assistance to clients in obtaining comprehensive information about the conditions of insurance;

10) during the term of the concluded contracts, maintaining relations with individuals and legal entities that have entered into contractual relations for insurance services;

11) in the event of damage to the insured, assessing the insurance indemnity and determining its amount, taking into account the criteria and degree of risk;

12) consideration of complaints and claims received from customers on controversial issues of calculation and payment of insurance premiums, payment of insurance compensation in the event of an insured event in accordance with the terms of the contract;

13) establishing the causes of violations of insurance contracts and taking measures to prevent and eliminate them;

14) study of undeveloped types of insurance services and prospects for their development in order to apply in their practice and in the creation of insurance bodies and services;

15) timely execution of the necessary documentation, keeping records and ensuring the storage of documents related to the conclusion of insurance contracts, and other duties.

insurance brokers - these are natural persons or Russian legal entities (commercial organizations) permanently residing in the territory of the Russian Federation and registered in accordance with the procedure established by the legislation of the Russian Federation, which act in the interests of the insured (reinsurer) or insurer (reinsurer) and carry out activities to provide services related to with the conclusion of insurance (reinsurance) contracts between the insurer (reinsurer) and the insured (reinsurer), as well as with the execution of these contracts (part 2 of article 8 of the Law "On the organization of insurance business in the Russian Federation").

When providing services related to the conclusion of these contracts, the insurance broker is not entitled to simultaneously act in the interests of the insured and the insurer, as well as carry out activities not related to insurance. It is prohibited to carry out brokerage activities without a certificate of entry into the register of insurance brokers in the Russian Federal Service for Supervision of Insurance Activities. In order to ensure control over compliance with the current legislation in the provision of intermediary services in insurance, the Russian Federal Service for Supervision of Insurance Activities (since March 9, 2004 - the Federal Insurance Supervision Service) maintains a Register of insurance brokers operating in the territory of the Russian Federation.

According to the Letter of Rosstrakhnadzor dated August 31, 1995 No. 05/2-44r/04 "On the register of insurance intermediary brokers", the Register of insurance brokers is a list containing a registration number; the name of the broker; legal address; number of the certificate of entry in the register; date of issue (revocation) of the certificate.

Insurance Broker:

1) provide the necessary assistance in making the insurance payment upon the occurrence of an insured event, in assessing the insured risk accepted for insurance, and in paying the insurance payment by the insured in full within the terms established in the insurance contract;

2) contributes to the correct and timely execution of documents when concluding an insurance contract and paying insurance compensation, considering claims in the event of an insured event, as well as other documents inherent in insurance;

3) upon the occurrence of insurance premiums (premiums) to the account of the insurance broker, he (the insurance broker) is obliged to immediately transfer them to the account of the insurer, unless otherwise provided by the agreement concluded between them;

4) must have information about the amount of insurance rates, insurance conditions offered by insurers in which it is intended to place the risk, about the amount of their authorized capital and insurance reserves, the availability of a license to conduct insurance activities, as well as other information necessary for the insured, about which to inform the client;

5) when drawing up an insurance contract, he must have as much information as possible about the insured, offer him to take the necessary preventive measures in order to reduce the likelihood of an insured event and reduce the amount of possible damage.

6) has the right to receive from the insurer information on the amount of the authorized capital, insurance reserves and accepted liability, the duration of the organization's activity in the Russian insurance market, and the availability of a license.

Specific list of duties of an insurance broker,

liability to the policyholder and (or) the insurer for their performance are determined in the terms of the agreement concluded between them.

Such an agreement establishes the procedure for mutual settlements between them, the terms for transferring insurance premiums to the insurer's account, the conditions and procedure for paying commissions.

The broker is responsible for:

1) fulfillment of the obligations stipulated in the agreements concluded by him;

2) reliability, objectivity, completeness and timeliness of information provided to the client, the Russian Federal Service for Supervision of Insurance Activities and other controlling organizations;

3) non-disclosure of information constituting a commercial secret of the client.

It can be concluded that the main difference between an insurance agent and an insurance broker lies in the form of representation: the insurance agent acts on behalf of the insurer, while the insurance broker acts on his own behalf.

insurance actuaries - individuals permanently residing on the territory of the Russian Federation, having a qualification certificate and carrying out, on the basis of an employment contract or a civil law contract with an insurer, the activity of calculating insurance tariffs, insurance reserves of the insurer, evaluating its investment projects using actuarial calculations (part 1 of Art. 8.1 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

The certification of insurance actuaries is carried out by the Federal Service of the Russian Federation for Insurance Supervision (clause 5.3. Decree of the Government of the Russian Federation of June 30, 2004 No. 330 "On Approval of the Regulations on the Federal Service of Insurance Supervision").

As of July 1, 2007, a provision comes into force that at the end of each financial year, insurers are required to carry out an actuarial valuation of accepted insurance liabilities (insurance reserves). The results of the actuarial valuation must be reflected in the appropriate opinion submitted to the insurance supervisory authority in the manner prescribed by the federal executive body responsible for developing state policy and legal regulation in the field of insurance activities.

Requirements for the procedure for conducting qualification examinations of insurance actuaries, issuance and cancellation of qualification certificates are established by the insurance regulatory body.

An 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.

Licensing - these are activities related to the issuance of licenses, reissuance of documents confirming the existence of licenses, suspension of licenses in the event of an administrative suspension of licensees' activities for violation of license requirements and conditions, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed types of activities of the relevant licensing requirements and conditions, maintaining registers of licenses, as well as providing interested persons in the prescribed manner with information from registers of licenses and other information on licensing (Article 2 of the Federal Law of August 8, 2001 No. 128-FZ "On licensing certain types of activity").

Licensing in all countries with a market economy is considered as a method of state regulation that allows you to guarantee the consumer that the licensed business activity is carried out by an authorized legal entity that has fulfilled all the requirements imposed by law on this type of activity.[53]

The specifics of licensing Russian insurers is that licenses are issued for specific types of insurance, in which the law or by-law, for example, the Conditions for Licensing Insurance Activities in the Russian Federation, establishes the existence of an insurable interest. But at the same time, the normative definition of the concept of "type of insurance" is not given.

In accordance with Art. 32 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" licensing of the activities of subjects of the insurance business is carried out on the basis of the applications and documents submitted by them. Such documents include:

1) an application for a license;

2) constituent documents of the license applicant;

3) a document on state registration of the license applicant as a legal entity;

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);

6) documents confirming the payment of the authorized capital in full;

7) documents on state registration of legal entities that are founders of an insurance business 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;

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;

9) information about the insurance actuary;

10) rules of insurance by types of insurance with the application of samples of documents used;

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 right to carry out activities in the field of insurance business is granted only to the subject of the insurance business that has received a license.

To obtain a license to carry out insurance brokerage activities The license applicant submits to the insurance supervisory authority:

1) an application for a license;

2) a document on state registration of the license applicant as a legal entity or individual entrepreneur;

3) constituent documents of a license applicant - a legal entity;

4) samples of contracts necessary for the implementation of insurance brokerage activities;

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

License applicants who are subsidiaries in relation to foreign investors (main organizations) or have a share of foreign investors in their authorized capitals of more than 49%, in addition to the specified documents, submit, in the manner prescribed by the legislation of the country of residence of foreign investors, the consent in writing of the relevant of the insurance supervision authority of the country of residence for the participation of foreign investors in the authorized capital of insurance companies established in the territory of the Russian Federation, or notify the insurance supervision authority of the absence of a requirement for such a permit in the country of residence of foreign investors.

In order to verify the information received, the insurance supervisory authority has the right to send requests to organizations in writing for the provision of information regarding the documents submitted by the license applicant in accordance with the legislation of the Russian Federation.

The decision to issue a license or to refuse to issue a license must be made by the insurance supervisory authority within a period not exceeding 60 days from the date of receipt by the insurance supervisory authority of all the necessary documents for obtaining a license by the applicant.

The insurance supervisory authority shall be obliged to notify the license applicant of the adoption of the decision within five working days from the date of the decision.

A license may be refused in the following cases:

1) the use by the license applicant - a legal entity that has applied to the insurance supervisory authority for a license, of a full designation that individualizes another subject of the insurance business, information about which is entered in the unified state register of subjects of the insurance business. This provision does not apply to subsidiaries and dependent companies of the subject of the insurance business;

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) discrepancy between the documents submitted by the license applicant for obtaining a license, the requirements of the Law "On the organization of insurance business in the Russian Federation" and the regulatory legal acts of the insurance regulatory 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 regulatory 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-applicant for a license. The decision of the insurance supervisory body on a reasoned refusal to issue a license must be sent to the license applicant within five working days from the date of such a decision. This decision is sent to the license applicant with a notification of delivery of such a decision.

In cases where the license applicant fails to take measures to obtain a license within 2 months from the date of notification of the issuance of a license or it is established before the moment of issuance of a license that the license applicant provided false information, the license is canceled or the decision to issue a license is cancelled.

The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 32.5) provides for the issuance of perpetual and temporary licenses. A temporary license may be issued for the period specified in the application of the license applicant, but not more than 3 years or for a period of 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. In other cases, the license is issued without limitation of its validity period.

The validity period of a temporary license may be extended at the request of the license applicant, unless otherwise provided by the insurance legislation.

The validity of a license may be limited or suspended (Article 32.6 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation").

When a violation of the insurance legislation is revealed, the insurance supervisory authority issues an order to eliminate the violation to the subject of the insurance business. These violations of the law include:

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 in terms of 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 has submitted incomplete and (or) inaccurate 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 rules of insurance by types of insurance.

The specified order is sent to the subject of the insurance business, which, within the time period established by the order, must submit to the insurance supervisory authority documents confirming the elimination of the identified violations. If necessary, a copy of the order is sent to the relevant executive authorities.

In case of non-execution of the prescription properly or within the established period, as well as in case of evasion of the subject of the insurance business from receiving the prescription, the validity of the license is limited or suspended. The restriction of the license is understood as a ban on the conclusion of insurance contracts for certain types of insurance, reinsurance contracts, as well as the introduction of changes that entail an increase in the obligations of the insurer in the relevant contracts. Suspension of the license of the subject of the insurance business means a ban on the conclusion of insurance contracts, reinsurance contracts, contracts for the provision of services of an insurance broker, as well as the introduction of changes that entail an increase in the obligations of the subject of the insurance business in the relevant contracts.

The decision to restrict or suspend the validity of a license must be published in the press, determined by the insurance supervisory authority, within 10 working days from the date of such a decision and shall enter into force from the day of its publication.

The right of the subject of the insurance business to carry out activities can be restored by renewing the license when the subject of the insurance business eliminates the identified violations within the prescribed period and in full.

The insurance activity of the subject of the insurance business may be terminated by a decision of the court or the insurance supervisory authority to revoke the license, including the decision taken at the request of the subject of the insurance business.

The insurance supervisory authority is authorized to make a decision to revoke a license:

1) when exercising insurance supervision:

a) in the event that the subject of the insurance business does not eliminate the violations of the insurance legislation within the established period, which were the basis for the restriction or suspension of the license;

b) if the subject of insurance business within 12 months from the date of obtaining the license has not started to carry out the activity provided for by the license or does not carry it out during the financial year;

c) in other cases provided for by federal law;

2) on 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 specified decision is 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 revoking the license, after which the subject of the insurance business is not entitled to conclude insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services, as well as make changes, entailing an increase in the obligations of the subject of the insurance business, in the relevant contracts.

Within 6 months after the entry into force of the decision of the insurance supervisory authority to revoke the license the subject of the insurance business is obliged:

1) make 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) carry out the transfer of obligations assumed under insurance contracts, and (or) termination of insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services.

In case of non-compliance with the specified requirements, the insurance supervisory body is obliged to apply to the court with a claim 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.

According to Part 1 of Art. 30 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" state supervision over the activities of insurance business entities is carried out in order to comply with insurance legislation, prevent and suppress violations of insurance legislation by participants in relations, ensure the protection of the rights and legitimate interests of policyholders, other interested parties and the state, effectively development of the insurance business.

State insurance supervision in the Russian Federation was organized on the basis of the earlier Decree of the President of the Russian Federation dated June 30, 1992 No. 808 "On Approval of the Regulations on State Insurance Supervision of the Russian Federation". Then, in accordance with Decree of the President of the Russian Federation of September 30, 1992 No. 1148 "On the structure of the central bodies of federal executive power", it was transformed into the Federal Inspectorate for Supervision of Insurance Activities, which existed for a little over six months.

After that, it was transformed into the Federal Service for Supervision of Insurance Activities, which acted as an independent federal executive body (Decree of the President of the Russian Federation of April 9, 1993 No. 439 "On bringing decrees of the President of the Russian Federation into line with the law of the Russian Federation" On insurance "" On August 14, 1996, as an independent body, it was abolished, and its functions were transferred to the Ministry of Finance of the Russian Federation (Decree of the President of the Russian Federation of August 14, 1996 No. 1177 "On the structure of federal executive bodies"), in the central office of which the Department insurance supervision of the Ministry of Finance of the Russian Federation.

As a result of changes in the system and structure of executive authorities, the Federal Insurance Supervision Service was formed (Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the System and Structure of Federal Executive Authorities"), which is currently the federal executive authority responsible for functions of control and supervision in the field of insurance activities.

According to Decree of the Government of the Russian Federation of June 30, 2004 No. 330 "On approval of the Regulations on the Federal Insurance Supervision Service", the powers of this service include the following:

1) exercising control and supervision over:

a) compliance by the subjects of the insurance business with the insurance legislation, including through inspections of their activities on the ground;

b) fulfillment by other legal entities and individuals of the requirements of the insurance legislation within the competence of the Service;

c) provision by the subjects of the insurance business, in respect of which a decision has been made to revoke licenses, information about the termination of their activities or liquidation;

d) the reliability of reporting submitted by the subjects of the insurance business;

e) ensuring by insurers of 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;

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

g) issuance of bank guarantees by insurers;

h) 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 Service;

2) making decisions on issuing or refusing to issue, annul, restrict, suspend, renew and revoke licenses to subjects of the insurance business, with the exception of insurance actuaries;

3) certification of insurance actuaries;

4) maintaining a unified state register of insurance business entities and a register of associations of insurance business entities;

5) receipt, processing and analysis of reports and other information provided by the subjects of the insurance business;

6) issuance, in accordance with the legislation of the Russian Federation, of instructions to the subjects of the insurance business in the event of their violations of the insurance legislation;

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

8) summarizing the practice of insurance supervision, developing and submitting, in accordance with the established procedure, proposals for improving the insurance legislation governing the implementation of insurance supervision;

9) calculation of the amount (quota) of participation of foreign capital in the authorized capitals of insurance companies and issuance of permits to increase the size of the authorized capitals of insurance companies at the expense of foreign investors to make transactions with the participation of foreign investors on the alienation of shares (stakes in the authorized capitals) 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 and other powers.

Also The insurance supervisory body is obliged to publish in the print media determined by it:

1) clarifications of issues related to the competence of the insurance supervision body;

2) information from the unified state register of subjects of insurance business, the register of associations of subjects of insurance business;

3) acts on restriction, suspension or renewal of the license to carry out insurance activities;

4) acts on the revocation of a license to carry out insurance activities;

5) other information on issues of control and supervision in the field of insurance activities (insurance business);

6) regulatory legal acts adopted by the insurance regulatory body.

In connection with the above subjects of insurance business are obliged:

1) submit the established reporting on their activities, information on their financial position;

2) comply with the requirements of the insurance legislation and comply with the instructions of the insurance supervisory authority to eliminate violations of the insurance legislation;

3) provide, at the request of the insurance supervisory authority, information necessary for the exercise of insurance supervision by it (with the exception of information constituting bank secrecy).

The insurance supervisory authority is authorized to apply to insurers the following responsibilities:

1) give an order to eliminate the identified violations, i.e. a written order obliging the insurer to eliminate the identified violations within the prescribed period;

2) limit the validity of the license, i.e. prohibit, until the identified violations are eliminated, to conclude new insurance contracts and renew existing ones for certain types of insurance activities (or types of insurance) or in a certain territory;

3) suspend the license, i.e. prohibit, until the elimination of violations established in the activities of the insurer, to conclude new insurance contracts and extend the existing ones for all types of insurance activities (or types of insurance) for which the license was issued;

4) revoke the license, i.e. prohibit the implementation of insurance activities.

It should be taken into account that insurance supervision is carried out on the principles of legality, publicity and organizational unity. And the insurance supervisory authority controls the activities of insurers in such areas as the validity of insurance rates, solvency and compliance with the law.

The use of the mechanism of state supervision and control in insurance is a common practice for all countries with a market economy. The directions and mechanisms of control that currently exist in the Russian Federation, as a whole, correspond to global practice, however, in this matter there are certain opportunities for improving the effectiveness of regulation.

Thus, there are no effective methods for tracking "problem" insurers at an early stage, which leads to the fact that the financial problems of the insurance company are often not recorded at the time of their occurrence, and specific measures are taken by the insurance supervisory authorities only after the provision of the relevant annual reporting documents. The procedure for licensing Russian insurers does not provide for verification of the founders who own significant blocks of shares for the legality of the origin of capital, the presence of real assets transferred to the authorized capital. Finally, Russian legislation does not give the insurance supervisory authority adequate powers to impose external management or temporary administration in the event of a threat of bankruptcy or during the liquidation of an insurer; as a result, the funds of insurance reserves and other assets of the insurer are washed out of the active mass and are not used to fulfill obligations under insurance contracts.

Thus, the existing mechanism for regulating the insurance business on the part of the state is not sufficiently effective. To solve this problem, it is possible to refer to the main insurance principles adopted in October 2003 at the annual meeting of the international association of insurance supervisors.[54] This document says that:

1) insurance supervision can only be carried out successfully if there is a political climate that provides financial stability for the insurance business, and should promote efficient, free, safe and stable insurance markets for the benefit and protection of the insured;

2) the supervisory service must check the existence and functioning of the insurer's strict internal control regime, it must conduct on-site inspections in order to identify possible violations by the insurance company of the requirements of legislation or regulations on supervision. The subjects of such audits are, among other things, internal control systems, the development and implementation of insurance products and the tariff policy of the company, methods of informing and advising customers, settlement of losses, etc. whether the management team of the company meets the required characteristics of suitability for such work.

State regulation should promote the establishment of companies with a solid financial basis in the insurance market and at the same time prevent speculative and fictitious companies from entering the market.

Based on the foregoing, it can be concluded that the purpose of regulating insurance activities is to ensure the formation and development of an effectively functioning insurance services market in the country, create the necessary conditions for the activities of insurance organizations of various organizational and legal forms and protect the interests of policyholders.

LECTURE #6

Sums insured and insurance payments

Under sum insured means 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 the insurance business of the Russian Federation"). In other words, the sum insured in insurance is the amount of the insurer's liability to the insured.

Depending on the type of insurance, the legislation establishes various rules for determining the sum insured. Yes, Art. 947 of the Civil Code of the Russian Federation establishes that when insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured should not exceed their actual value (insurance value). This value is considered to be:

1) for property - its actual value at its location on the day of conclusion of the insurance contract (the insurer has the right to inspect and evaluate the insured property in order to establish such value);

2) for entrepreneurial risk - losses from entrepreneurial activities that the insured would be expected to incur in the event of an insured event.

In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.

In case of accumulative personal insurance (for example, in the event that a child reaches the age of majority), the sum insured is assigned and calculated at the will of the insured, the insured himself determines the amount he wants to receive upon the occurrence in his life of an event stipulated by the contract (insured event).

For certain types of insurance, the amount of the sum insured is fixed in regulatory legal acts. Thus, clause 4 of Decree of the President of the Russian Federation of July 7, 1992 No. 750 "On State Compulsory Insurance of Passengers" establishes the sum insured for compulsory personal insurance of passengers (tourists, sightseers) in the amount of 120 minimum wages established by law on the date of purchase of the travel document .

A passenger (tourist, excursionist) in case of injury as a result of an accident on transport must be paid a part of the sum insured corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid to his heirs in full. The sum insured for compulsory personal insurance of passengers (tourists, sightseers) upon the occurrence of an insured event is paid regardless of the payment to the insured persons or their heirs of monetary amounts in connection with the same event on other grounds provided for by the legislation of the Russian Federation.

Parts 2 and 3 Art. 133 of the Air Code of the Russian Federation of March 19, 1997 No. 60-FZ (VK RF) determine that the sum insured for each passenger of an aircraft, provided for by a passenger life and health insurance contract, is set at no less than 1000 minimum wages established federal law on the day the ticket is sold.

The sum insured under the baggage insurance contract is set at no less than two minimum wages established by federal law per 1 kg of baggage weight, and the sum insured under the insurance contract for things carried by the passenger is set at no less than 10 minimum wages established by federal law.

Article 18 of the Fundamentals of the legislation of the Russian Federation on notaries dated February 11, 1993 No. 4462-1 provides that a notary engaged in private practice is obliged to conclude an insurance contract for his activities. The sum insured in this case cannot be less than 100 times the minimum monthly wage established by law.

Part 4 Art. 31 of the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate)" indicates that the sum insured under the borrower's liability insurance contract should not exceed 20% of the value of the pledged property.

The legislator regulated in most detail the procedure for determining the amount of the sum insured when insuring the life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system (Article 5 of the Federal Law of March 28, 1998 No. 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State fire service, authorities for the control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system and employees of federal tax police bodies").

According to this law, the amount of sums insured for military personnel and persons equivalent to them in compulsory state insurance, and in the event of their death (death) to beneficiaries, is determined based on the salaries of the monthly financial allowance of these persons, including monthly salaries for the position held and monthly salaries for military ( special) rank.

Sum insured is paid upon occurrence of insured events in the following amounts:

1) in case of death (death) of the insured person during the period of military service, service, military training or before the expiration of 1 year after dismissal from military service, from service, after the end of military training due to injury (wounds, trauma, concussion) or illness, received during the period of military service, service, military training - 25 salaries for each beneficiary;

2) in the event that the insured person is found to be disabled during the period of military service, service, military training, or before the expiration of 1 year after dismissal from military service, from service, after the end of military training due to injury (wounds, trauma, concussion) or illness received in period of military service, service, military training:

a) a disabled person of group I - 75 salaries;

b) a disabled person of group II - 50 salaries;

c) a disabled person of group III - 25 salaries.

If during the period of military service, service, military training, or before the expiration of 1 year after dismissal from military service, from service, after the end of military training, the insured person will increase the disability group due to the indicated reasons, the amount insured increases by an amount equal to the difference between the number of salaries due under the newly established disability group and the number of salaries due under the old disability group;

3) if the insured person receives a severe injury (wounds, injuries, contusions) during the period of military service, service, military training - 10 salaries, a slight injury (wounds, injuries, contusions) - 5 salaries;

4) in the event of early dismissal from military service of a conscripted military serviceman, a citizen called up for military training to a military position for which the state of the military unit provides for a military rank up to and including foreman, recognized by the military medical commission as limited fit for military service, or unfit for military service due to injury (wounds, injuries, contusions) or diseases received during military service - 5 salaries.

And in Article 7 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners", the legislator approached this issue in even more detail, fixing that the sum insured, within which the insurer undertakes upon the occurrence of each insured event ( regardless of their number during the term of the compulsory insurance contract) compensate the victims for the harm caused is 400 thousand rubles, namely:

1) in terms of compensation for harm caused to the life or health of several victims - 240 thousand rubles. and no more than 160 thousand rubles. when causing harm to the life or health of one victim;

2) in terms of compensation for damage caused to the property of several victims - 160 thousand rubles. and no more than 120 thousand rubles. when causing damage to the property of one victim.

The concept of "actual value of property" is sufficiently fully disclosed in the Law of the Russian Federation of July 29, 1998 No. 135-FZ "On valuation activities in the Russian Federation". Article 7 of the said law establishes that if a specific type of value of the appraisal object is not defined in the regulatory legal act containing the requirement for the obligatory evaluation of any object of appraisal, or in the agreement on the appraisal of the appraised object, the market value of this object is subject to establishment.

This rule is also applicable if the terms “actual value”, “reasonable value”, “equivalent value”, “real value”, etc. are used in the normative legal act.

Part 1 Art. 949 of the Civil Code of the Russian Federation stipulates that if in a property or business risk insurance contract the sum insured is set below the insured value, the insurer, upon the occurrence of an insured event, is obliged to compensate the insured (beneficiary) for part of the losses incurred by the latter in proportion to the ratio of the insured sum to the insured value.

Thus, non-observance in the contract of incomplete property insurance of the principle of proportional compensation for losses is allowed only in the direction of increasing the amount of insurance compensation within the limits of the insurance value.

The sum insured is a mandatory condition of the insurance contract, therefore, it must be directly indicated in the contract, and as a legal category, it has some features:

1) the sum insured acts as the limit of the insurer's liability for the payment of the amount of insurance indemnity;

2) the specified limit is established by the parties to the insurance contract at its conclusion;

3) the criterion for determining the limit of the sum insured is the assessment of the insured risk provided for by insurance and civil legislation, as well as the value of a specific insurable interest.

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

The obligation to make an insurance payment arises due to the following conditions:

1) the insured event occurred after the entry into force of the insurance contract. The insurance contract, unless otherwise provided in it, comes into force at the moment of payment of the insurance premium or its first installment (Article 957 of the Civil Code of the Russian Federation);

2) the insured event that has occurred must be recognized as such. An 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 is obliged 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"). The definition of an insured event is an essential condition of the insurance contract (Article 942 of the Civil Code of the Russian Federation);

3) the presence of a causal relationship between the insured event that has occurred and the losses incurred;

4) the documents submitted for receiving the insurance payment are properly executed. The policyholder, after becoming aware of the occurrence of an insured event, is obliged to immediately notify the insurer or its representative of its occurrence. If the contract provides for a period and (or) method of notification, then it must be done on time and in the manner specified in the contract (Article 961 of the Civil Code of the Russian Federation). Documents are attached to the application confirming: the fact of the occurrence of an event that caused damage or loss of the policyholder's property, death or loss of health of the policyholder, additional costs of the policyholder; the amount of damage caused and other necessary documents;

5) the calculation of the insurance payment is made in accordance with the amount of damage.

For various types of insurance, the law provides for the appropriate amounts of insurance payments, entities entitled to receive them, as well as features inherent in individual types of insurance. This can be seen in the following examples.

1. Article 7 of the Federal Law of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" refers to the entities entitled to receive insurance payments for this type of insurance:

1) disabled persons who were dependents of the deceased (insured person) or had the right to receive maintenance from him by the day of his death;

2) children of the deceased (insured person) born after his death;

3) one of the parents, spouse (wife) or other family members, regardless of their ability to work, who do not work and are busy caring for the dependent children, grandchildren, brothers and sisters of the deceased (insured person) who have not reached the age of 14 years or at least and who have reached the specified age, but according to the conclusion of the institution of the state service of medical and social expertise or medical and preventive institutions of the state health care system, recognized as needing outside care for health reasons;

4) persons who were dependents of the deceased (insured person), who became disabled within five years from the date of his death.

The terms during which these persons are entitled to receive insurance payments are established:

1) minors - until they reach the age of 18;

2) students over 18 years of age - until the end of their studies in educational institutions in full-time education, but not more than up to 23 years;

3) women who have reached the age of 55 and men who have reached the age of 60 - for life;

4) disabled people - for the period of disability;

5) one of the parents, spouse (wife) or other family member who is unemployed and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their state of health.

The right to receive insurance payments may also be granted by a court decision to disabled persons who, during the life of the insured, had earnings, but part of the earnings of the insured was their permanent and main source of livelihood.

This law distinguishes between lump-sum and monthly insurance payments to the insured or to persons entitled to receive such payment in the event of his death. These payments are assigned and paid:

1) to the insured - if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;

2) persons entitled to receive them - if the result of the insured event was the death of the insured.

Lump sum insurance payments are paid to insured persons no later than 1 month from the date of their appointment, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date of submission of all necessary documents to the insurer.

The size of the lump-sum insurance payment is determined in accordance with the degree of loss of professional capacity for work of the insured person, based on the maximum amount of 46 rubles. And in the event of the death of the insured person, the lump-sum insurance payment is set at 900 rubles. (Article 46 of the Federal Law of December 900, 4 No. 22-FZ "On Certain Issues of Calculation and Payment of Benefits for Temporary Disability, Maternity and the Amount of Insurance Coverage for Compulsory Social Insurance against Industrial Accidents and Occupational Diseases in 2005 ").

Monthly insurance payments are made to the insured during the entire period of permanent loss of his professional ability to work, and in the event of the death of the insured, to persons entitled to receive them during the above periods.

The amount of the monthly insurance payment is determined as a share of the average monthly earnings of the insured person (it is calculated by dividing the total amount of his earnings for the 12 months preceding the month in which he had an accident at work, was diagnosed with an occupational disease or lost (decreased) his professional ability to work, 12), calculated in accordance with the degree of loss of his professional ability to work.

Moreover, all types of remuneration for his work are taken into account both at the place of his main job and part-time, on which insurance premiums are charged for compulsory social insurance against accidents at work and occupational diseases. The amounts of remuneration under civil law contracts and the amounts of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For a period of temporary incapacity for work or maternity leave, appropriate benefits are taken into account.

Monthly insurance payments to an insured person who has not reached the age of 18 at the time of the appointment of insurance coverage are calculated from his average earnings, but not less than the subsistence level of the able-bodied population as a whole in the Russian Federation established in accordance with the law (part 4 of article 12 of the Federal Law "On compulsory social insurance against accidents at work and occupational diseases).

The calculated and assigned monthly insurance payment is not subject to recalculation, except for cases of a change in the degree of loss of professional ability to work, a change in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment. But due to the increase in the cost of living, the amount of earnings from which the monthly insurance payment is calculated may be increased.

In localities where regional coefficients are established, percentage bonuses to wages, when calculating the size of both a one-time and monthly insurance payment, these coefficients and bonuses should be taken into account.

When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured person both before and after the occurrence of the insured event do not affect their amount.

2. Article 13 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" establishes the procedure for submitting an application containing a claim for insurance payment. Thus, the victim has the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the sum insured. An application of the victim containing a claim for an insurance payment, with documents attached to it on the occurrence of an insured event and the amount of damage to be compensated, shall be sent to the insurer at the location of the insurer or its representative authorized by the insurer to consider the specified claims of the victim and make insurance payments. After that, the insurer is obliged to consider the specified application within 15 days from the date of receipt. Within the specified period, the insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal.

The insurer has the right, at the request of the victim, to make a part of the insurance payment (if the amount of damage to be compensated has not yet been fully determined), and also, by agreement with the victim, organize and pay for the repair of damaged property at the expense of the insurance payment.

The amount of insurance payment due to the victim in compensation for harm caused to his life or health is calculated by the insurer in accordance with the rules of Ch. 59 of the Civil Code of the Russian Federation (Liabilities due to harm).

In cases where the insurance payment for compulsory insurance cannot be made, the law provides for such a type of payment as compensation in compensation for harm caused to the life or health of the victim. These payments are applied if the insurance payment for compulsory insurance cannot be made due to:

1) application to the insurer of the bankruptcy procedure provided for by federal law;

2) revocation of the insurer's license to carry out insurance activities;

3) the uncertainty of the person responsible for the harm caused to the victim;

4) the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to his failure to fulfill the insurance obligation established by this Federal Law.

Citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently residing in the Russian Federation, are entitled to receive such payments.

The terms of insurance of property and (or) civil liability within the limits of the sum insured may provide for the replacement of the insurance payment by the provision of property similar to the lost property.

insurance premium (insurance premiums) as an economic category of insurance is the amount of money paid by the insured to the insurer for the obligation to compensate for damage upon the occurrence of an insured event. It is calculated from the sum insured and the established insurance tariffs and is paid immediately for the entire insurance period or periodically.

The essence of the insurance premium (insurance premium) is that from the funds received by the insurer as payment for insurance services, in addition to the costs of doing insurance business, insurance reserves (insurance funds) are formed, at the expense of which the insurer covers the damage in the event of an insured event. arising from the insured.

When determining the amount of the insurance premium payable under the insurance contract, the insurer has the right to apply the insurance rates developed by him, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insurance risk (part 2 of article 954 of the Civil Code of the Russian Federation). In the cases provided for by law, insurance rates are established or regulated by state insurance supervision bodies.

It is possible to distinguish such characteristic features of an insurance premium, such as:

1) payment for an insurance service, which is expressed in a certain monetary equivalent;

2) payment of the insurance premium is made in a strictly established manner, determined by the insurance contract or the law;

3) the insurance premium is payable only in cash, and not in other cash equivalents (goods, services or securities).

Some legislative acts establish certain requirements for the amount of the insurance premium. For example, part 2 of Art. 9 of the Federal Law "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of criminal of the executive system and employees of the federal tax police" provides that the amount of the insurance premium for compulsory state insurance cannot exceed 3% of the monetary allowance fund for military personnel and persons equivalent to them in compulsory state insurance of persons of the relevant federal executive body.

According to clause 11 of Section III of Decree of the Government of the Russian Federation of May 7, 2003 No. 263 "On Approval of the Rules for Compulsory Insurance of Civil Liability of Vehicle Owners", the calculation of the insurance premium under a compulsory insurance contract is carried out by the insurer based on the information provided by the insured in a written application for the conclusion of the contract compulsory insurance.

If the terms of the compulsory insurance contract are changed during the period of its validity, as well as in other cases provided for by these Rules, the insurance premium may be adjusted after the commencement of the compulsory insurance contract in the direction of its decrease or increase, depending on the changed information reported by the insured to the insurer. Moreover, the insured has the right to demand from the insurer a written calculation of the insurance premium payable. The insurer is obliged to submit such a calculation within 3 working days from the date of receipt of the relevant written application from the insured.

The insurance premium under the compulsory insurance contract must be paid by the insured to the insurer in cash or by bank transfer when concluding the compulsory insurance contract. The date of payment of the insurance premium is either the day the insurance premium is paid in cash to the insurer, or the day the insurance premium is transferred to the current account of the insurer.

In the event of early termination of the compulsory insurance contract on the basis of the liquidation of the legal entity - the insured or the discovery of false or incomplete information provided by the insured when concluding the compulsory insurance contract that is essential for determining the degree of insurance risk, the insurance premium under the compulsory insurance contract is not returned to the insured. In other cases, the insurer returns to the policyholder part of the insurance premium for the unexpired term of the compulsory insurance contract, the calculation of the term of which (the period of use of the vehicle) begins on the day following the date of early termination of the compulsory insurance contract.

If the contract is terminated on such grounds as the death of a citizen - the insured or owner; liquidation of the legal entity - the insured; liquidation of the insurer; destruction (loss) of the vehicle specified in the compulsory insurance policy; and on other grounds provided for by law, the date of early termination of the compulsory insurance contract is the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of the relevant state and other bodies.

If the contract is terminated at the initiative of the insured in cases of revocation of the insurer's license, replacement by the owner of the vehicle or in other cases provided for by law, the date of early termination of the compulsory insurance contract shall be the date of receipt by the insurer of the insured's written application for early termination of the compulsory insurance contract.

The insurer also has the right to early terminate the compulsory insurance contract in case of detection of false or incomplete information provided by the insured when concluding the compulsory insurance contract, which is essential for determining the degree of insurance risk, and in other cases provided for by the legislation of the Russian Federation. In this situation, the date of early termination of the compulsory insurance contract will be the date of receipt by the insured of a written notice from the insurer.

Part of the insurance premium must be returned to the insured (his legal representatives, heirs) within 14 calendar days from the date following the date the insurer received information about:

1) the death of a citizen - the insured or the owner;

2) liquidation of a legal entity - an insurer;

3) destruction (loss) of the vehicle specified in the compulsory insurance policy;

4) early termination of the contract at the initiative of the insured on the prescribed grounds and in other cases provided by law.

Also, part of the insurance premium must be returned to the insured within 14 calendar days from the date following the date of receipt by the insured of the insurer's written notice of the early termination of the compulsory insurance contract on the basis provided for by the legislation of the Russian Federation.

In accordance with Art. 22 of the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", insurance premiums are paid by the insured at the insurance rate, taking into account the discount or premium established by the insurer, the amount of which cannot exceed 40% of the insurance rate established for the corresponding class of occupational risk.

The rules for classifying types of economic activity as a class of occupational risk, the rules for establishing discounts and surcharges for insurance rates for policyholders, the rules for accruing, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are approved in the manner determined by the Government of the Russian Federation.

The amounts of insurance premiums must be transferred by the insured who has concluded an employment contract with the employee on a monthly basis within the period established for receiving (transferring) funds from banks (other credit organizations) to pay wages for the past month, and by the insurant who is obliged to pay insurance premiums on the basis of a civil - legal contracts, - within the period established by the insurer.

If the insured has fulfilled the specified obligation at a later date than the established deadlines, then he is obliged to pay penalties in the manner and in the amount established by law.

Penalties are accrued for each calendar day of delay in payment of insurance premiums.

The Decree of the President of the Russian Federation "On State Compulsory Insurance of Passengers" establishes that the amount of the insurance premium is included in the cost of a travel document (voucher) and is charged from a passenger (tourist, excursionist) when selling a travel document (voucher). Passengers (tourists, sightseers) enjoying the right to travel free of charge in the Russian Federation are subject to compulsory personal insurance without paying an insurance premium.

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

The specific amount of the insurance rate for voluntary insurance is determined by the contract by agreement of the parties. So, according to paragraph 2 of Art. 954 of the Civil Code of the Russian Federation, when determining the amount of the insurance premium payable under the insurance contract, the insurer is entitled to apply the insurance rates developed by him, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insurance risk.

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

1) The Federal Law of December 19, 2006 No. 235-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2007" states that in 2007 insurance premiums for compulsory social insurance against accidents accidents at work and occupational diseases are paid by the insured in the manner and at the rates established for 2006. A Article 1 of the Federal Law of December 22, 2005 No. 179-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2006" establishes insurance rates for policyholders for compulsory social insurance against industrial accidents and occupational diseases as a percentage of the accrued wages for all reasons (income) of the insured, and in appropriate cases - to the amount of remuneration under a civil law contract in accordance with with types of economic activity by class m professional risk. Thus, the first class of occupational risk corresponds to a size equal to 0,2%; tenth - 1,1%; twentieth - 2,8%; thirty-second - 8,5%.

It should be taken into account that insurance premiums for compulsory social insurance against industrial accidents and occupational diseases are paid in the amount of 60% of the insurance rates:

a) organizations of any organizational and legal forms in terms of payments in cash and (or) in kind (including, where applicable, remuneration under civil law contracts) accrued for all reasons, regardless of the sources of financing, to employees who are disabled people of groups I, II and III;

b) the following categories of employers:

- public organizations of the disabled (including those created as unions of public organizations of the disabled), among whose members the disabled and their legal representatives make up at least 80%;

- organizations whose charter capital consists entirely of contributions from public organizations of the disabled and in which the average number of disabled people is at least 50%, and the share of wages of disabled people in the wage fund is at least 25%;

- institutions created to achieve educational, cultural, health-improving, physical culture, sports, scientific, informational and other social goals, as well as to provide legal and other assistance to disabled people, disabled children and their parents, the sole owners of whose property are these public organizations of the disabled.

Discounts and surcharges on insurance tariffs for compulsory social insurance against industrial accidents and occupational diseases are established by the Social Insurance Fund of the Russian Federation for the current calendar year in the amount of no more than 40% of the insurance tariff, based on the following main indicators based on the results of the policyholder's activities for the previous calendar year:

a) the ratio of the amount of security for compulsory social insurance to the amount of insurance premiums accrued;

b) the number of insured events per thousand employees;

c) the number of days of temporary disability due to insured events per one insured event;

2) in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" on December 8, 2005, the Government of the Russian Federation approved insurance rates for compulsory insurance of civil liability of vehicle owners, their structure and the procedure for application by insurers when determining the insurance premium. For example, the basic insurance rate for vehicles of category "A" is 1215 rubles, for category "B" for legal entities the basic insurance rate is 2375 rubles, for citizens - 1980 rubles, for such a purpose as use as a taxi - 2965 rub. etc. If there are discrepancies between the category and type of vehicle in the document on the basis of which information about the vehicle is determined, the data on the category of the vehicle should be followed when determining the basic insurance rate.

Also established coefficients of insurance rates:

a) depending on the territory of primary use of the vehicle;

b) depending on the presence or absence of insurance payments in the event of insured events that occurred during the period of validity of previous compulsory civil liability insurance contracts for vehicle owners. In this case, insurance payments made by the insurer for one insured event are considered as one insurance payment;

c) depending on the availability of information on the number of persons allowed to drive the vehicle;

d) depending on the age and experience of the driver admitted to driving the vehicle;

e) depending on the engine power of a car (vehicles of category "B");

f) depending on the period of use of the vehicle;

g) depending on the term of insurance.

The structure of the insurance tariff (insurance premium rates per gross rate unit of the insured amount) includes: a part of the gross rate intended to ensure current insurance payments under compulsory insurance contracts, reserves of compensation payments and expenses for the implementation of compulsory civil liability insurance of vehicle owners;

3) the size of the insurance rate for compulsory personal insurance of passengers (tourists, sightseers) of air, rail, sea, inland water and road transport is established by insurers in agreement with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation and approved by the federal executive body for supervision of insurance activities (Decree of the President of the Russian Federation "On State Compulsory Insurance of Passengers").

Normative acts of line ministries may also establish insurance rates.

For example, by order of the Ministry of Finance dated September 7, 1998 No. 172 "On approval of the insurance rate for compulsory state personal insurance of employees of the State Tax Service of the Russian Federation", the insurance rate for compulsory state personal insurance of employees of the State Tax Service of the Russian Federation was approved in the amount of 0,02% of sum insured.

At the same time, the sum insured for each insured person is determined in the amount of 12,5 times the annual official salary and additional payments for class rank and length of service, and the insurance payment under insurance contracts is determined as the product of the total sum insured for all insured persons by the insurance rate.

LECTURE #7

Insurance contract

An insurance contract is one of the most complex types of civil law contracts in Russia.

On insurance contract one party (the insured) pays the other party (the insurer) the stipulated amount of money (insurance premium), and the insurer undertakes, upon the occurrence of the event specified in the contract (insured event), to pay the insured or another person in whose favor the insurance contract is concluded, the sum insured.

The insurance contract is bilateral, since both the insurer and the policyholder are endowed with mutual rights and obligations; reimbursable and real, i.e. the contract is considered concluded from the moment of payment of the insurance premium or the first insurance premium.

The subjects of the insurance contract are:

1) policyholder - legal entities and capable individuals who have concluded insurance contracts with insurers or who are policyholders by virtue of law.

2) the insurer. As insurers, insurance contracts may be concluded by legal entities that have permits (licenses) to carry out insurance of the corresponding type. The requirements that insurance organizations must meet, the procedure for licensing their activities and exercising state supervision over this activity are determined by the laws on insurance (Article 938 of the Civil Code of the Russian Federation).

Intermediaries may participate in the conclusion of an insurance contract: insurance agents and insurance brokers.

Third parties may also be participants in insurance legal relations. These include the insured persons, i.e. individuals, with whose life or ability to work the insured associates the insurable interest, and beneficiaries. They can be both individuals and legal entities appointed at the time of conclusion of the insurance contract or at another time of the contract to receive insurance payment.

In particular, according to Art. 929 of the Civil Code of the Russian Federation under a property insurance contract, beneficiaries, i.e. recipients of insurance compensation, may be persons who are interested in preserving the insured property on the basis of a law, other legal act or contract. The law does not provide for any other third parties as beneficiaries.

When insuring liability for causing harm (Article 931 of the Civil Code of the Russian Federation), the beneficiaries are 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), the law names as beneficiaries persons to whom the insured may cause damage due to failure to fulfill its obligations under the contract, i.e., predetermined subjects of civil circulation. Under business risk insurance contracts (Article 933 of the Civil Code of the Russian Federation), the beneficiaries are the insurers themselves, that is, persons who may experience a loss in the course of doing business.

In personal insurance, in the event of the death of the insured person, the beneficiaries are the heirs of the insured person, unless other beneficiaries are named (clause 2, article 934 of the Civil Code of the Russian Federation).

The insured has the right to replace the beneficiary named in the insurance contract with another person by notifying the insurer in writing. The replacement of the beneficiary under the personal insurance contract, appointed with the consent of the insured person, is allowed only with the consent of this person. But the beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the insurance contract or has submitted a claim to the insurer for the payment of insurance compensation or the sum insured (Article 956 of the Civil Code of the Russian Federation).

Article 942 of the Civil Code of the Russian Federation highlights the essential terms of a property and personal insurance contract. The first group includes: determination of property or property interest, which is the object of insurance; the nature of the event in case of which the insurance is carried out (insured event); the sum insured and the term of the contract.

When concluding a personal insurance contract, an agreement must be reached between the insured and the insurer on the insured person; 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); the sum insured and the duration of the contract.

An insurance contract as a civil law contract has similar features with other civil law transactions provided for by law.

Purpose of the insurance contract - compensation for damage or harm caused by the occurrence of an insured event. And the obligation of the tortfeasor to compensate for damage is a kind of civil liability, but it must be borne in mind that its size is limited by the amount insured.

An insurance contract differs from a paid services contract in that insurance does not appear in the list of services that are covered by this contract, and "insurance service" does not fall under the concept of "service", which is implied in Art. 779 of the Civil Code of the Russian Federation, it is not of an "intangible" nature.

An insurance contract also differs from a guarantee contract in that insurance is always an independent and main obligation, while a guarantee is always a complex obligation and is a way to ensure the fulfillment of the main obligation.

The form of the insurance contract is simple written. Its non-observance entails the invalidity of the contract. An exception is the contract of compulsory state insurance, non-compliance with the written form of which entails the consequences of non-compliance with the written form of the transaction. Namely, failure to comply with the simple written form of the transaction deprives the parties of the right, in the event of a dispute, to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence (Article 162 of the Civil Code of the Russian Federation).

The contract is concluded by drawing up one document or handing over to the insured on the basis of his application (written or oral) an insurance policy (certificate, receipt).

The process of concluding an insurance contract in most cases when insuring property begins with a written application from the insured, which must contain information about the object or objects that are claimed for insurance, the circumstances known to him under which an insured event may occur. An inventory of the property that is supposed to be insured may also be submitted.

The insurance contract must contain such information and details as the contract number, name, general conditions, special conditions, conditions for payment of the sum insured, early termination of the contract, signatures of the parties, and other conditions may also be provided.

The conditions under which an insurance contract is concluded may be determined in the standard insurance rules of the relevant type, accepted, approved or approved by the insurer or the association of insurers (insurance rules). When concluding an agreement, only the Insurance Rules that have received a permit (license) from the Federal Service for Insurance Supervision of the Ministry of Finance of the Russian Federation should be applied.

The contents of the insurance contract are the rights and obligations of its parties.

Responsibilities of the insurer can be attributed:

1) familiarization of the policyholder with the rules and conditions of insurance;

2) non-disclosure of information received by him as a result of his professional activity about the insurant, the insured person and the beneficiary, their state of health, as well as about the property status of these persons;

3) payment to the insurant, beneficiary or insured person of insurance compensation or security in the event of an insured event within the sum insured and other obligations.

To the rights of the insurer can be attributed:

1) application of insurance rules developed by him;

2) the requirement to recognize the contract as invalid if the policyholder, when concluding the contract, knowingly provides false information about the circumstances that are essential for determining the likelihood of an insured event;

3) inspection of the property, and, if necessary, an examination of its actual value when concluding a property insurance contract;

4) the requirement to change the terms of the contract regarding the increase in insurance risk;

5) a demand for termination of the contract and compensation for losses by the insured, who did not report a significant change in the circumstances obtained at the conclusion of the contract, if they may affect the increase in insurance risk and other rights.

To the obligations of the insured relate:

1) timely payment of insurance premiums;

2) notification to the insurer of a change in circumstances that are important for determining the likelihood of an insured event;

3) immediate notification to the insurer of the occurrence of an insured event;

4) taking the necessary measures to reduce possible losses in the event of an insured event.

To the rights of the insured relate:

1) the right to keep the secrecy of insurance by the insurer;

2) the right to insurance of property and business risks both under one contract and under several, including with different insurers;

3) the right to replace the beneficiary with another person with a written notice of this to the insurer and other rights.

Relations under an insurance contract are regulated by Ch. 48 "Insurance" of the Civil Code of the Russian Federation. But in this chapter, there are not enough rules on liability for violation of insurance conditions, mechanisms of guarantees and protection of the rights of the insured. In the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" there are no provisions at all regarding the liability of the parties under an insurance contract.

Article 937 of the Civil Code of the Russian Federation establishes the general consequences of a violation of the terms of a compulsory insurance contract. So, a person in whose favor, according to the law, compulsory insurance should be carried out, if he became aware that the insurance was not carried out, has the right to demand its implementation by the person who is entrusted with the obligation of insurance in a judicial proceeding.

If the person who is entrusted with the insurance obligation has not carried it out 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 it should have been paid insurance compensation with proper insurance. At the same time, the unjustifiably saved amounts are recovered at the claim of the state insurance supervision bodies 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. If there is a contractual penalty, losses may be recovered in the part not covered by the penalty, unless otherwise provided by the agreement.

The law also provides consequences of violations of individual insurance conditions, namely:

1) insurance in excess of the insurance value. According to Art. 951 of the Civil Code of the Russian Federation, 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.

In this case, the unduly paid part of the insurance premium is non-refundable. If the overstatement of the insurance amount was the result of fraud on the part of the insured, then 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 above rules shall also apply if the sum insured exceeded the insured value as a result of insuring the same object with two or more insurers (double insurance). 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;

2) an increase in insurance risk during the validity period of the insurance contract. If during the validity period of the property insurance contract the policyholder becomes aware of significant changes in the circumstances reported to the insurer at the conclusion of the contract, and these changes may significantly affect the increase in the insured risk, then he is obliged to inform the insurer about this. Changes specified in the insurance contract (insurance policy) and in the insurance rules transferred to the insured are significant.

The insurer, notified 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 the payment of an additional insurance premium in proportion to the increase in risk (Article 959 of the Civil Code of the Russian Federation). If the policyholder (beneficiary) objects to this, then the insurer has the right to demand termination of the contract in court and compensation for losses caused by the termination of the contract. The insurer shall not be entitled to demand termination of the insurance contract if the named circumstances have disappeared. In case of personal insurance, the insurer has the right to demand a change in the terms of the insurance contract, payment of an additional insurance premium in proportion to the increase in risk, or termination of the insurance contract, only if this is expressly provided for in the contract;

3) the occurrence of an insured event due to the fault of the insured (beneficiary, insured person). If there is a fault of the indicated persons in the form of intent, then the insurer is released from payment of the insurance indemnity or the sum insured. In case of gross negligence of the insurant or the beneficiary, the law may provide for cases of the insurer's release from the payment of insurance compensation under property insurance contracts.

The insurer is not exempt from paying insurance compensation (sum insured):

a) under a civil liability insurance contract for causing harm to life or health, if the harm was caused through the fault of the person responsible for it (part 2 of article 963 of the Civil Code of the Russian Federation);

b) if the sum insured under the personal insurance contract is payable in the event of the death of the insured person, if his death was due to suicide and by that time the insurance contract had been in force for at least 2 years (part 3 of article 963 of the Civil Code of the Russian Federation).

Also, according to Art. 964 of the Civil Code of the Russian Federation, unless otherwise provided by law or the insurance contract, the insurer is exempt from paying insurance compensation and the sum insured when the insured event occurred as a result of: the impact of a nuclear explosion, radiation or radioactive contamination; military operations, as well as maneuvers or other military measures; civil war, civil unrest of any kind, or strikes.

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

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

The condition of the contract excluding the transfer of such a right to the insurer shall be void.

In this case, the insured (beneficiary) 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) has waived his right to claim against the person responsible for the losses indemnified by the insurer, or the exercise of this right has become impossible due to the fault of the policyholder (beneficiary), the insurer shall be released from payment of insurance compensation in full or in the relevant part and shall have the right to demand the return of the overpaid the amount of compensation (Article 965 of the Civil Code of the Russian Federation).

According to the provisions of the Order of the State Antimonopoly Committee of the Russian Federation dated May 20, 1998 No. 160 "On Certain Issues Related to the Application of the Law of the Russian Federation" On the Protection of Consumer Rights "" relations arising from an insurance contract are regulated by Ch. 48 "Insurance" of the Civil Code of the Russian Federation, as well as special legislation on insurance. Taking into account the foregoing and the provisions of Article 39 of the Law of the Russian Federation of February 7, 1992 No. 2300-I "On Protection of Consumer Rights" applies to relations arising from these contracts in part general rules, and the legal consequences of violations of the terms of this agreement are determined by the Civil Code of the Russian Federation and special legislation on insurance. It can be assumed that, in accordance with the “general rules”, non-pecuniary damage can also be recovered (Article 15 of the Law “On the Protection of Consumer Rights”).

Article 966 of the Civil Code of the Russian Federation establishes a special limitation period for claims arising from a property insurance contract, namely, a claim can be brought within two years.

Reinsurance contract is a type of property insurance contract, which indicates the object of insurance, a certain insurance risk, a feature of the persons participating in the reinsurance contract, etc. In the absence of an agreement on another insured event under the reinsurance contract, the fact of payment by the reinsurer of insurance compensation under the main insurance contract (information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 28, 2003 No. 75).

In accordance with the provisions of Art. 967 of the Civil Code of the Russian Federation, reinsurance is understood as insurance by one insurer (reinsurer) of the risk of payment of insurance compensation or the sum insured under an insurance contract with another insurer (reinsurer). The law allows the consecutive conclusion of two or more reinsurance contracts.

Along with the reinsurance contract, other documents can be used as confirmation of the agreement, which are applied on the basis of business customs.

The need to apply business customs in reinsurance relations is determined by the fact that a significant proportion of reinsurance capacity by Russian insurers is transferred for reinsurance to foreign insurance companies (non-residents).

And since there is no special normative act on insurance, and even more so reinsurance, in international law, when determining the conditions of reinsurance, the participants in a reinsurance transaction apply the business practices that have developed in this area of ​​relations, mainly in international reinsurance practice.[55]

Article 13 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" defines reinsurance as an activity to protect by one insurer (reinsurer) the property interests of another insurer (reinsurer) associated with the latter's obligations under the insurance contract (main contract) for insurance payment.

The legislator established certain restrictions that must be observed when concluding an insurance contract:

1) the risk of insurance payment under a life insurance contract in terms of the survival of the insured person to a certain age or period or the occurrence of another event is not subject to reinsurance;

2) insurers holding life insurance licenses are not entitled to reinsure property insurance risks assumed by insurers.

Some authors classify reinsurance contracts according to the way in which risks are transferred to: [56]

1) optional, in which the insurer, if reinsurance is necessary, decides which of the reinsurers to offer the risk for reinsurance, and the reinsurer, after assessing the risk and analyzing the available information, decides whether to accept part of the risk and under what conditions;

2) obligatory. Under such a contract, the insurer undertakes to transfer all specifically defined risks in the agreed territory of insurance coverage (for example, accident insurance contracts concluded in the territory of Russia), and the reinsurer is obliged to accept for reinsurance these agreed risks.

The rules stipulated by the Civil Code of the Russian Federation, which are to be applied in relation to business risk insurance, are applied to the reinsurance contract, unless otherwise provided by the reinsurance contract. At the same time, the insurer under the insurance contract (main contract) that has entered into a reinsurance contract is considered the insured in this last contract (part 2 of article 967 of the Civil Code of the Russian Federation).

A reinsurance contract, like an insurance contract, may be amended or terminated in accordance with the general provisions of Ch. 29 of the Civil Code of the Russian Federation, namely:

1) by agreement of the parties, unless otherwise provided by law or contract (part 1 of article 450 of the Civil Code of the Russian Federation);

2) at the request of one of the parties, the contract may be amended or terminated by a court decision only in case of a material breach of the contract by the other party and in other cases provided for by law or the contract (Part 2, Article 450 of the Civil Code of the Russian Federation).

An agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or business practices (part 1 of article 452 of the Civil Code of the Russian Federation). It should be distinguished from reinsurance coinsurance. According to 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). If such an agreement does not define the rights and obligations of each of the insurers, 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 difference between co-insurance and reinsurance lies in the fact that in co-insurance one of the parties to the contract is always the policyholder.

Reinsurance involves only insurance companies that redistribute the risk of the insured assumed by the direct insurer among themselves. The advantage of reinsurance is that the insurer, reinsuring the risks assumed, creates additional guarantees for its financial stability.[57]

LECTURE #8

Peculiarities of insurance of individual objects

The legal, financial and organizational foundations of compulsory insurance of deposits of individuals in banks of the Russian Federation, the competence, procedure for the formation and activities of an organization that performs the functions of compulsory insurance of deposits, the procedure for paying compensation on deposits are established by Federal Law No. 23-FZ of December 2003, 177 "On insurance of deposits of individuals in banks of the Russian Federation".

According to Art. 2 of this law, deposits are understood as funds in the currency of the Russian Federation or foreign currency placed by individuals in a bank in Russia on the basis of a bank deposit agreement or a bank account agreement, including capitalized (accrued) interest on the deposit amount.

Participants in legal relations related to bank deposit insurance are depositors, banks (insureds), the Deposit Insurance Agency (insurer) and the Bank of Russia.

Depositors include citizens of the Russian Federation, foreign citizens or stateless persons who have concluded a bank deposit agreement or a bank account agreement with the bank, or any of the indicated persons in whose favor the deposit has been made.

Depositors have the right to: receive reimbursement on deposits, report to the Agency about the facts of delays in the fulfillment of obligations by the bank on deposits, receive from the bank in which they place the deposit, and from the Agency information on the bank's participation in the deposit insurance system, on the procedure and amounts for receiving compensation for deposits.

Under the bank means a credit institution that has permission from the Bank of Russia to attract funds from individuals on deposits and to open and maintain bank accounts of individuals, issued by the Bank of Russia to banks in the manner established by Federal Law No. 2-I of December 1990, 395 "On Banks and banking activity".

In order to carry out the functions of compulsory insurance of deposits of the Russian Federation, a special state corporation was created - Deposit Insurance Agency. The Agency organizes accounting of banks, collects insurance premiums and controls their receipt by the mandatory deposit insurance fund; takes measures to take into account the requirements of depositors to the bank and pay them compensation on deposits, places and (or) invests temporarily free funds of the compulsory deposit insurance fund, has the right to require banks to post information about the deposit insurance system and about the bank's participation in it in accessible to depositors, the premises of the bank, where depositors are serviced and performs other powers.

The authorized federal executive body representing in cases of bankruptcy of banks the rights of claim against the bank, transferred to the state corporation "Deposit Insurance Agency" as a result of the payment of compensation on deposits by the said corporation, is the Federal Tax Service of the Russian Federation (Decree of the Government of the Russian Federation of October 14, 2004 No. 548 "On authorized federal executive bodies in the field of insurance of deposits of individuals in banks of the Russian Federation").

As participants in the considered legal relations Banks have certain responsibilities namely:

1) pay insurance premiums to the mandatory deposit insurance fund;

2) provide depositors with information on their participation in the deposit insurance system, on the procedure and amounts for receiving compensation on deposits;

3) place information about the deposit insurance system in the bank's premises accessible to depositors, where depositors are serviced;

4) keep a record of the bank's obligations to depositors, allowing the bank to form for any day a register of the bank's obligations to depositors in the form established by the Bank of Russia at the suggestion of the Agency;

5) perform other duties stipulated by the legislation.

The main principles of the deposit insurance system are:

1) the mandatory participation of banks in the deposit insurance system, i.e. if the bank carries out operations with citizens' funds, then it must be a member of the deposit insurance system; if the bank fails to fulfill this obligation, the Bank of Russia applies liability measures to it. So, according to Art. 74 of the Federal Law of July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" in cases of violation by a credit institution of federal laws, the Bank of Russia has the right to require the credit institution to eliminate the identified violations, to collect a fine of up to 0,1, 6% of the minimum amount of the authorized capital, or limit the performance of certain operations by the credit institution for a period of up to XNUMX months. He may also revoke a banking license from a credit institution;

2) reducing the risks of adverse consequences for depositors in the event of default by banks of their obligations, i.e. in the event of revocation or cancellation of a bank license to carry out banking operations, each depositor receives the right to compensation for their deposits. If the bank's property is not enough to finance activities related to compulsory deposit insurance, then compensation can be carried out at the expense of the reserve fund of the Government of the Russian Federation;

3) transparency of the operation of the deposit insurance system. This principle is expressed in the fact that depositors have the right to receive information from the bank on the bank's participation in the deposit insurance system, on the amount and procedure for obtaining reimbursement on deposits, and banks are obliged to place information on the deposit insurance system in the bank's premises accessible to depositors on separate information stands, in special folders or otherwise. Thus, the Agency recommends that banks participating in the deposit insurance system place the following materials in the premises where depositors are serviced (Recommendations of the State Corporation "Deposit Insurance Agency" dated June 30, 2005, protocol No. 48 "On the procedure for informing depositors by banks on deposit insurance issues"):

a) the full text of the Federal Law;

b) a color copy of the Agency's certificate of inclusion of the bank in the register of banks participating in the compulsory deposit insurance system;

c) announcement (booklet, memo) on the procedure and amount of reimbursement for deposits, including information on deposits that are insured, definition of an insured event and the amount of reimbursement for deposits, a brief description of the procedure for the depositor to apply to the Agency for reimbursement of deposits and the procedure for paying compensation for deposits, as well as an indication of the depositor's right to demand from the bank the payment of the remaining part of the deposit in accordance with applicable law;

d) notifying depositors of the need to timely submit information about changes in the information provided when concluding a bank deposit agreement or a bank account agreement (last name, first name, patronymic, registration address, postal address, type and details of an identity document), as well as possible negative consequences of failure to perform such actions in the event of an insured event against the bank in which the deposit is placed;

e) image of the mark "Deposits are insured. Deposit insurance system" registered by the Agency;

f) details of the Agency: full name, postal address, e-mail address, hotline phone numbers, website address on the Internet.

4) the accumulative nature of the formation of the mandatory deposit insurance fund at the expense of regular insurance premiums of banks participating in the deposit insurance system is manifested in the fact that due to quarterly insurance premiums, a deposit insurance fund is formed, which cannot be levied on the obligations of the Russian Federation, its constituent entities, municipal entities, banks, other persons, except for the obligations arising in connection with their failure to fulfill their obligations to pay compensation on deposits. The named fund is formed by:

a) insurance premiums for compulsory insurance of deposits;

b) penalties for late and (or) incomplete payment of insurance premiums;

c) funds and other property received from the satisfaction of the Agency's rights of claim, acquired as a result of payment of compensation for deposits;

d) income from the placement and (or) investment of temporarily free funds of the obligatory deposit insurance fund and income not prohibited by the legislation of Russia.

It should be noted that on the basis of Art. 5 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" funds are not subject to insurance:

1) placed on bank accounts of individuals engaged in entrepreneurial activities without forming a legal entity, if these accounts are opened in connection with the specified activity;

2) placed by individuals in bearer bank deposits, including those certified by a savings certificate and (or) a bearer savings book;

3) transferred by individuals to banks for trust management;

4) placed on deposits in branches of banks of the Russian Federation located outside the territory of the Russian Federation.

Insured events in case of deposit insurance include one of the following circumstances:

1) revocation (cancellation) of the bank's license from the Bank of Russia to carry out banking operations in accordance with the Federal Law "On Banks and Banking Activity";

2) introduction by the Bank of Russia, in accordance with the legislation of the Russian Federation, of a moratorium on satisfying the claims of the bank's creditors.

Compensation for deposits in a bank in respect of which an insured event has occurred is paid to the depositor in the amount of 100% of the amount of deposits in the bank not exceeding 100 thousand rubles, plus 90% of the amount of deposits in the bank exceeding 100 rubles, but in total not more than 000 thousand rubles. If the depositor has several deposits in one bank, the total amount of liabilities of which on these deposits to the depositor exceeds 190 thousand rubles, compensation is paid for each of the deposits in proportion to their size. When an insured event occurs in relation to several banks in which the depositor has deposits, the amount of insurance compensation is calculated in relation to each bank separately (Article 190 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation").

Under an agreement with an insurance company, goods transported by road, rail, air, sea transport can be accepted for insurance.

State insurance bodies conclude cargo insurance contracts with enterprises and organizations, regardless of ownership, individuals (consignors, consignees) on the basis of the Cargo Insurance Rules approved by the USSR Ministry of Finance on December 24, 1990 No. 140.

Such The contract may be concluded on the basis of one of the following conditions:

1) "with responsibility for all risks". Under an insurance contract concluded on such a condition, the following are indemnified:

a) losses from damage or complete loss of all or part of the cargo, which occurred for any reason, except as otherwise provided by law;

b) all necessary and expediently incurred expenses for the rescue and preservation of the cargo, as well as for the prevention of its further damage;

2) "no liability for damage". Under the said agreement, the following are reimbursed:

a) losses from the complete loss of all or part of the cargo caused by fire, lightning, storm, whirlwind and other natural disasters, wreck or collision of trains, ships, aircraft and other vehicles with each other or their impact on fixed or floating objects, landing of the ship on stranded, bridge failure, explosion, damage to the ship by ice, sea water, accident during loading, stowage, unloading and receiving of fuel by the ship, as well as due to measures taken for rescue or for extinguishing a fire;

b) losses due to the loss of a vehicle without a trace;

c) all necessary and expediently incurred expenses for the rescue and preservation of the cargo, as well as for the prevention of further damage to it.

It should be borne in mind that under an agreement with such a condition no reimbursement is made for damages caused by:

1) sweating of the vessel and wetting of the cargo by atmospheric precipitation;

2) depreciation of the cargo due to contamination with the integrity of the outer package;

3) throwing overboard and washing away deck cargo or cargo carried in deckless ships;

4) theft or non-delivery of cargo.

Paragraph 6 of the Cargo Insurance Rules also establishes that no reimbursement is made for damages caused by:

1) any kind of military actions or military measures and their consequences, damage or destruction by mines, torpedoes, bombs and other weapons of war, piracy, as well as due to popular unrest and strikes, confiscation, requisition, arrest;

2) direct or indirect impact of an atomic explosion, radioactive contamination associated with any use of atomic energy and the use of fissile materials;

3) intent or gross negligence of the insured or his representative, as well as due to violation by any of them of the established rules for the transportation, forwarding and storage of goods;

4) effects of temperature, hold air or special and natural properties of the cargo, including shrinkage;

5) packaging or capping of goods in violation of GOSTs and OSTs and shipment of goods in a damaged condition;

6) fire or explosion due to loading with the knowledge of the insured or his representative, but without the knowledge of the insurer, spontaneously flammable and explosive substances and objects;

7) shortage of cargo with the integrity of the outer package;

8) damage to cargo by worms, rodents, insects.

Any kind of indirect damages are also not subject to compensation.

By agreement of the parties, the above insurance conditions may be changed, supplemented or replaced by other conditions generally accepted in insurance practice.

The cargo insurance contract can be concluded both at the location of the insured and at the location of the cargo, unless otherwise provided in the contract.

The contract is concluded on the basis of a written application of the policyholder, drawn up in two copies. The application must indicate:

1) the exact name, type of packaging, number of pieces and weight of the cargo;

2) numbers and dates of bills of lading or other shipping documents;

3) type of transport (in case of sea transportation - the name, year of construction and tonnage of the vessel);

4) method of shipment of cargo (in the hold or on deck, in bulk, in bulk, in bulk);

5) points of departure, reloading and destination of cargo;

6) the date of dispatch of the cargo;

7) sum insured;

8) type of insurance conditions.

When concluding a cargo insurance contract, the cargo is considered insured in the amount declared by the insured, but not more than the value of the cargo indicated in the invoice or other documents, unless otherwise provided in the contract.

The insurer determines the amount of the insurance payment based on the data provided by the policyholder.

The policyholder is obliged to pay to the insurer the insurance premium due for insurance in a lump sum, which is transferred to the account of the insurer in the relevant bank institution.

The cargo insurance contract shall enter into force on the day following the payment of the insurance payment, unless otherwise provided by agreement of the parties.

Liability under the insurance contract begins from the moment when the cargo is taken from the warehouse at the point of departure for transportation, and continues throughout the entire transportation (including reloading and transshipment, as well as storage in warehouses at transshipment and transshipment points) until the cargo is will be delivered to the consignee's warehouse or other final warehouse at the destination specified in the insurance certificate.

Upon the occurrence of an insured event, the insured is obliged to take all possible measures to save and preserve the damaged cargo, as well as to ensure the right to recourse to the guilty party and notify the insurer of the incident within 3 hours. And the insurer is obliged no later than XNUMX days after receiving all the necessary documents to start drawing up an act of the established form.

The insurer has the right to refuse to pay insurance compensation if the policyholder:

1) provided incorrect information about the circumstances that are essential for the judgment of the insured risk;

2) failed to notify the insurer of significant changes in risk;

3) did not take measures to rescue and preserve the cargo and did not notify the insurer within the established time limits about the insured event;

4) did not submit documents confirming the fact of the insured event and necessary for establishing losses.

The above Rules also establish the rates of insurance payments for cargo insurance as a percentage of the sum insured, depending on the type of transportation. So, for the carriage of goods by sea in the hold, the percentage is 0,5; on deck - 1; rail, road and mixed traffic - 0,4; air transport and postal parcels - 0,25.

Construction risk insurance is one of the important components of a set of measures aimed at the safety of work and the protection of the constitutional rights and legitimate interests of citizens.

The procedure for insuring construction risks is defined in Letter No. BE-15-1997/19 of the Gosstroy of the Russian Federation dated April 19, 7 "On insurance of risks in licensing construction works", in clause 1.2 of which it is stipulated that "construction risk insurance" means insurance of professional responsibility of organizations and individuals engaged in construction activities.

The significance of construction risk insurance is as follows:

1) the specified type of insurance allows at all stages of the construction process to compensate the insured for sudden and unforeseen losses arising from this;

2) helps to a large extent to save financial investments in construction;

3) in the event of an insured event, the object can be restored much faster due to the compensation of additional expenses by the insurer.

Works constituting the types of construction activities carried out on the basis of licenses, the list of which is established by the Federal Law "On Licensing Certain Types of Activities", are subject to insurance.

In accordance with this law, such types of activities as the design of buildings and structures, with the exception of structures for seasonal or auxiliary purposes, the construction of buildings and structures, with the exception of structures for seasonal or auxiliary purposes, as well as engineering surveys for the construction of buildings and structures, are subject to licensing, with the exception of structures for seasonal or auxiliary purposes.

Construction risk insurance is a form of property insurance in which the object of insurance is materials, equipment and works under the contract, from the preparation of the construction site to the signing of the acceptance certificate for the facility for the warranty period, including the construction part, including the zero cycle, the erection of walls, installation of ceilings, installation of all systems, engineering networks and communications, finishing, installation of equipment, commissioning, landscaping; temporary buildings and structures, construction equipment and construction site equipment, etc.

This type of insurance does not cover damage caused by poor quality of construction and installation works and insufficient qualifications of the contractor.

The risks subject to insurance, in accordance with the provisions of the Letter of the Gosstroy of the Russian Federation dated January 21, 1998 No. VB-12-22 / 7 "On examples of practical insurance of construction objects" include:

1) any damage to materials, equipment and finished parts of the facility as a result of the following phenomena and events:

a) natural disasters (earthquake, flood, downpour, hail, storm, hurricane, tornado, ultra-low temperature, etc.);

b) lightning strike, fire, including as a result of welding, open fire, short circuit and overvoltage of the power supply network;

c) the action of water during firefighting or the consequences of other firefighting measures, leaks from water supply and sewerage systems;

d) the fall of aircraft or their debris;

e) errors of workers during work;

f) the action of centrifugal forces, breaks in cables and chains, damage by collapsing or falling objects;

g) malicious acts of third parties, including burglaries;

h) other sudden and unforeseen events not excluded by the terms of the insurance contract;

2) construction and installation equipment, construction site equipment, temporary buildings and structures, working tools (according to the lists);

3) civil liability to third parties;

4) post-launch warranty.

The insurance contract is concluded between the licensee and an insurance company licensed by the Ministry of Finance of Russia for the right to carry out insurance of the relevant type of activity. A certificate of insurance of construction risks is a document from an insurance company confirming the conclusion of a professional liability insurance contract of the subject of licensing.

The insurance contract for construction and installation risks may contain both standard exclusions (damage resulting from military operations, exposure to nuclear energy, deliberate actions, natural wear and tear) and specific ones are not covered. Yes, in case of material damage insurance the insurer is not responsible for: [58]

1) damage to construction equipment and vehicles as a result of their internal breakdowns;

2) the costs of replacing, repairing or correcting defective materials used in construction and installation, as well as the costs of correcting errors in the work;

3) losses as a result of partial or general cessation of work;

4) losses as a result of experimental or research work;

5) losses discovered only during the inventory;

6) loss and damage resulting from erroneous design;

7) loss or damage to fuels and lubricants, chemicals, coolants and other auxiliary materials, products manufactured by the insured object (except for those necessary for insured construction and installation works), precious metals, stones, works of art, documents and securities;

8) loss of or damage to vehicles approved for use on public roads;

9) consequential damages such as lost profits or contractual penalties.

All disputes arising between the subject of licensing of construction activities and the insurance company are resolved through negotiations between the parties, and in case of failure to reach an agreement in the manner prescribed by the legislation of the Russian Federation.

The insurance indemnity is paid out in an amount not exceeding the direct damage caused to the insured object of construction and installation works and the insured equipment of the construction site.

The amount of damage is determined: [59]

1) in case of theft of the insured property - in the amount of its value at the time of the insured event, minus depreciation;

2) in the event of the loss of the insured property - in the amount of its value at the time of the insured event, minus the value of the existing balances suitable for further use;

3) in case of damage to the insured property - in the amount of the cost of restoring it to the state that it was before the occurrence of the insured event.

The legal regulation of the contract of marine insurance is carried out by Ch. 15 of the Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (KTM RF). According to Art. 246 of the KTM RF, under a marine insurance contract, the insurer undertakes, for a stipulated fee (insurance premium), upon the occurrence of the dangers or accidents provided for by the marine insurance contract to which the object of insurance (insurance event) is exposed, to compensate the insured or other person in whose favor such an agreement is concluded (beneficiary) incurred losses.

The object of marine insurance can be any property interest associated with merchant shipping, a ship, a ship under construction, cargo, freight, as well as passenger fare, payment for the use of the ship, profit expected from the cargo and other claims secured by the ship, cargo and freight, wages payment and other amounts due to the captain of the ship and other members of the ship's crew, including the costs of repatriation, the responsibility of the shipowner and the risk assumed by the insurer (reinsurance) (Article 249 of the MCC RF).

The contract of marine insurance is concluded in writing, and the insurer, in confirmation of the conclusion of the contract of marine insurance, issues to the insured a document (insurance policy, insurance certificate or other insurance document), and also hands over the conditions of insurance to the insured.

The specifics of a marine insurance contract include the following:

1) the contract remains in force, even if by the time of its conclusion the possibility of incurring losses subject to compensation has passed, or such losses have already occurred. If the insurer knew or should have known when concluding the contract of marine insurance that the possibility of an insured event is excluded, or the insured or the beneficiary knew or should have known about the losses incurred and subject to compensation by the insurer, the performance of the contract of marine insurance is not binding on the party, which was not aware of such circumstances (Article 261 of the CTM RF);

2) The CTM RF established special cases for the release of the insurer from liability to the insured for losses incurred as a result of:

a) a nuclear explosion, radiation or radioactive contamination, unless otherwise provided by the rules established by the RF CTM;

b) war or piracy, popular unrest, strikes, as well as confiscation, requisition, arrest or destruction of a ship or cargo at the request of the relevant authorities;

3) in case of loss of the ship without a trace, the specified insurer is liable in the amount of the entire sum insured. A ship is considered missing if no news has been received from the ship for a period exceeding twice the time required under normal conditions to move from the place where the last news about the ship came from to the port of destination. The period required to recognize the ship as missing cannot be less than 1 month and more than 3 months from the date of the last news about the ship, in conditions of hostilities it cannot be less than 6 months (Article 48 of the MLC RF). Under a contract of marine insurance of a vessel for a period, the insurer is liable for the loss of the vessel without a trace, if the last news about the vessel is received before the expiration of the contract of marine insurance of the vessel and if the insurer does not prove that the vessel was lost after the expiration of the specified period;

4) if the property is insured against destruction, the policyholder or the beneficiary may declare to the insurer that he waives his rights to the insured property (abandon) and receive the entire sum insured in the event of:

a) the ship is missing;

b) destruction of the vessel and (or) cargo (complete actual loss);

c) economic inexpediency of restoration or repair of the ship (complete structural loss of the ship);

d) it is not economically feasible to repair the damage to the ship or deliver the cargo to the port of destination;

e) the seizure of a ship or cargo insured against such danger, if the seizure lasts more than 6 months.

At the same time, all rights to the insured property are transferred to the insurer when the property is insured in full value; the right to a share of the insured property in proportion to the ratio of the sum insured to the insured value when the property is not insured in full value (Article 278 of the RF CTM).

LECTURE #9

Peculiarities of legal regulation of insurance abroad

The purpose of regulation of insurance activities in the first place (both in Russia and abroad) is to ensure the formation and development of an effectively functioning insurance services market in the country, create the necessary conditions for the activities of insurance organizations of various organizational and legal forms and protect the interests of policyholders.

The importance of studying foreign experience in the field of insurance is due to the fact that, firstly, in many countries there is considerable experience in legal regulation that ensures the stability and social orientation of the insurance system, and national insurance markets have existed for a long time. Secondly, this is determined by the active processes of globalization of the economy, finance and insurance, as a result of which the issues of legal regulation of insurance activities acquire an international character. For insurance regulators, globalization has given rise to the need to create regional and international organizations that provide coordination of actions for the state regulation of insurance activities. Thirdly, insurance is also carried out in the foreign economic activity of the state, which allows us to consider the insurance system of Russia as a link in international insurance.

Currently, many elements of foreign insurance are used in the Russian Federation.

This lecture will discuss the legal regulation of insurance in some countries of the European Union, as well as the United States and Canada.

Countries European Union (EU) have their own systems of legal regulation of insurance, which operate on the basis of coordination at the level of EU directives.

The purpose of adopting such directives is primarily to eliminate barriers to trade in insurance services between EU countries. It should be noted that this does not mean the introduction of a homogeneous regulatory system, but is aimed at allowing insurers from other EU member states to operate on international markets under the same conditions as in their own country.

Some directives establish legally binding standards within the EU, which are gradually introduced into national legislation.

Member States of the European Union retain independence in matters of legal regulation of insurance activities, and their activities are aimed at ensuring the financial stability and solvency of insurers while reducing attention to tariffs and the insurance product.

In many EU countries, there is a thorough and constant monitoring of insurance structures that provide annual reports on operations performed, on the balance of operations, and information on solvency. In order to ensure the reliability of insurance organizations, the solvency reserve and technical reserves are used, the minimum levels of which are determined within the European Union.

Some EU directives contain general rules governing the insurance business, namely, issues related to the licensing of insurance activities, the rules for placing insurance reserves, the forms and terms for the provision of accounting and statistical reporting, the registration of insurance brokers, the suspension and revocation of licenses for the right to carry out insurance activities, etc. .

At the international level, agreements are concluded between Russia and the EU countries that also affect insurance issues.

For example, the agreement "On partnership and cooperation", establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their member states, on the other hand (Corfu Island, June 24, 1994), Art. 24 of which establishes that one of the objectives of this agreement is the adoption, subject to the conditions and rules of the provisions in force in each Member State, necessary for the coordination of social insurance systems for workers - Russian citizens, legally employed in the territory of one of the Member States and, when possible, for their family members who are legally there.

These provisions will, in particular, ensure that all periods of insurance, employment or stay of such workers in different Member States will be added together for the purposes of determining old-age, disability and death pensions and for the purposes of medical care for such workers and, where applicable, members their families.

The German insurance system is one of the first in Europe. AT Germany the legal foundations for state regulation and control over the activities of insurance organizations are defined in the law on insurance supervision, which was adopted in 1901, and the last amendments to the law were made in 1991. The law "On the Establishment of a Federal Agency for the Supervision of Insurance Activities", defining legal basis, status, functions and rights of the federal department, was adopted in 1951[60] Until the mid 1990s. here there was strict tariff supervision, including the amount of insurance premiums for voluntary types of insurance were established by the state.

Currently, Germany has a two-tier system of insurance supervision: federal (Federal Office of Insurance Supervision) and state supervisory authorities on insurance supervision. Financing of expenses for the maintenance of insurance supervision bodies is carried out largely at the expense of insurers through mandatory deductions from insurance premiums. Insurance supervisors, in turn, are involved in assisting insurers in obtaining government subsidies and bank loans.

Each new type of insurance goes through a licensing procedure, the policy conditions of which must meet certain requirements.

Social insurance is carried out in the following areas:

1) pension insurance;

2) unemployment insurance;

3) compulsory health insurance (including disability pensions);

4) accident insurance.[61]

The current system of fundraising for financing social programs in Germany is quite effective. And the collection of funds for pensions, compulsory health insurance, and unemployment payments is handled by a special single body - sickness funds. Small business loan insurance in Germany is practically not in demand.

There are also features of legal liability insurance.

So, in addition to the individual contract of professional liability insurance concluded by each notary, the financial base of the notary’s liability is guaranteed by the notarial chamber, which is obliged to additionally conclude two so-called group insurance contracts for each notary, insuring him additionally for an amount of at least 500 thousand marks for each insured event .

In addition, all the notary chambers in Germany have voluntarily created a general special fund, the so-called fund for covering losses that may arise due to the fault of notaries, from which damages can be covered, which in a special way infringes on the authority of the entire notary community, if the amount of coverage under group insurance contracts is insufficient to compensate all damage.[62]

insurance legislation France represented by the "Insurance Code", which combines all legal norms relating to insurance. There is a close relationship between state regulation and self-regulation of insurance.

For a long time, there was no body authorized to exercise supervision in the field of insurance in the country. Only in 1989 was the Insurance Control Commission established, the main activities of which included: verification of accounting operations; control of technical reserves; solvency analysis; investment control.[63]

Health insurance in France is controlled by a specially created state body - the Commission for the Control of Social Insurance. It also provides for the creation of guarantee funds for liability of notaries (central and regional offices), which have the status of a legal entity and operate on the basis of special decrees.

В UK a system of regulation of the insurance market has been formed, which has the features of liberal supervision, stimulating taxation and the absence of serious restrictions on participation in international investments. At the same time, the features of liberality are combined with fairly stringent requirements for the heads of insurance organizations, including high professionalism, competence and business reputation of the management staff of insurance organizations and insurance brokers.[64]

To obtain a license to carry out insurance activities, it is necessary to provide detailed information about the manager, including biographical data, qualifications, experience, information about a criminal record, facts of non-fulfillment of financial obligations, cases of non-fulfillment of one's obligations on debts, etc.

The UK insurance legislation is represented by the laws on companies, on the Lloyd Insurance Corporation, on insurance brokers, on the protection of policyholders, rules governing the activities of insurance companies, etc.[65]

Mutual insurance companies are widely used here, which were created by the Act of Settlement and their registration in accordance with the laws of companies.

They are owned by policyholders who share any profits made. The shareholder of the holding company receives his share of the profits in the form of dividends, and in the mutual company the policyholder may pay lower premiums or receive higher premiums on life insurance than in any other case.[66]

Also, special attention in England is paid to the advertising of insurance companies.

Unlike Russian legislation, according to which the right to receive insurance compensation is granted to the beneficiary, according to the common law of England, only the insured can receive it.

Under English law, an insurable interest is not a prerequisite for concluding a property insurance contract.

The policyholder's interest may not be present for the duration of the coverage.

For marine insurance contracts, the requirement for insurable interest is that the policyholder must be interested in the insured item at the time of the occurrence of the insured event, but the insurable interest is not needed at the time of conclusion of the contract.[67]

В USA и Canada to varying degrees, responsibility for regulating the insurance market is divided between central and regional (local) authorities. There is virtually no insurance regulation at the federal level, and independent systems of insurance regulation have developed in each individual state. Federal authorities regulate the insurance of especially important objects: nuclear insurance, flood insurance, crime insurance, etc.

The coordinating body at the federal level is the self-regulatory system, represented by the National Association of Insurance Commissioners, regulators of individual states and is not a federal authority. Its activities are aimed at stabilizing the laws of state insurance.

A special type of insurance is environmental insurance, which since the 1990s. characterized by the fact that a greater number of insurers offer traditional insurance products at more favorable conditions than before, as well as new insurance products adapted to the specific needs of policyholders.

It is also important that a significant part of the gross domestic product is spent on healthcare here. With almost mandatory health insurance, contracts with medical institutions are concluded by private firms, and not by the state.

At the same time, insurance covers only 80% of the cost of treatment.[68]

In Canada, the regulation of insurance activities is carried out both at the federal level (for the activities of federal insurers) and at the regional level (for insurers who carry out insurance activities exclusively in the province). There is partial tariff supervision for certain types of insurance.

Notes

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62. The question of the tariff is on the agenda // ezh-YURIST. 2004. No. 34. S. 27.
63. Mamedov A. A. Financial and legal regulation of insurance in foreign countries // Legislation and Economics. 2004. No. 2. S. 83.
64. Ivashkin E.I., Ionkin V.V. State regulation of insurance activities abroad // Financial management in an insurance company. 2006. No. 2. S. 205.
65. Ibid.
66. Shcherbak N. V. Mutual insurance companies // Legislation 2001. No. 9.
67. Sivak T. R. Beneficiary in a property insurance contract under English law and Russian civil law // Journal of Russian Law. 2004. No. 4. S. 162.
68. Ivanova M. S. Financing the healthcare system: Russia and foreign experience. // Legislation and economics. 2003. No. 12. S. 198.

Authors: Shalagina M.A., Shalay I.A.

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