|
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese|
Lecture notes, cheat sheets
Insurance law. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. Purpose and objectives of insurance DEF is the purpose of insurance. main goal insurance business can be defined as the satisfaction of the public need for reliable insurance protection against accidental hazards that meets generally accepted requirements for financial reliability. An equally important goal of insurance from a macroeconomic perspective is the accumulation of funds paid by many insurers and their investment in the economy. The investment efficiency of insurance activities is much higher than banking, since insurance provides long-term investments. The degree of achievement of the main goal will determine the effectiveness of insurance activities. To quantify the effectiveness, one can use the degree of insurance coverage of various objects exposed to risks, and the level of insurance coverage for each object. The goals of insurance are achieved through the implementation of insurance activities: commercialpursuing profit, and non-profit - as in social or mutual insurance. Insurance protects property interests citizens and enterprises from the negative consequences of insured events, ensures the continuation of the economic activity of enterprises and the continuity of social reproduction. This is the protective role of insurance. If there were no insurance, then all the financial hardships of all kinds of disasters were assigned to the state, since it is it that is the last resort to which a desperate person turns for help. The existing system of commercial and mutual insurance frees the state from significant financial costs. This shows the saving role of insurance. Insurance system is an organized form of centralization and concentration of capital, which consists of insurance premiums (premiums) paid by customers to insurance companies. This shows the investment role of insurance. According to the Federal Law "On the organization of insurance business in the Russian Federation", the purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, the constituent entities of the Russian Federation and municipalities in the event of insured events. The objectives of the organization of insurance are: 1) implementation of a unified state policy in the field of insurance; 2) the establishment of insurance principles and the formation of insurance mechanisms that ensure the economic security of citizens and business entities on the territory of the Russian Federation. 2. Economic essence of insurance According to the Federal Law "On the organization of insurance business in the Russian Federation", an insured risk is an expected event, in the event of which insurance is carried out. Event, considered as an insurance risk, must have signs of probability and randomness of its occurrence. Chance is a numerical measure of assessing the objective possibility of a random event occurring. Insurance relations have the following specific properties: firstly, insurance deals only with adverse random and probable events - those that may occur and cause losses, or may not occur; Secondly, all types of commercial relations, except for insurance, are based on the principles of strict, individual equivalence for each transaction and the obligation to transfer goods or services to the buyer for money. In insurance, things are different. Under the law and the terms of the contract, insurance relations do not provide for strict individual equivalence. There is no such equivalence in the case of receipt by the client of insurance compensation; third, insurance economic relations are characterized by isolation and solidarity. The above properties of these relations are manifested in the fact that not all citizens enter into them and receive compensation, but only those of them who have concluded an insurance contract with the insurer, paid it with insurance premiums and with whom the insured event stipulated by the insurance contract has occurred. Economic entity insurance is manifested in economic relations for the transfer of risk in exchange for the payment of a premium, which have a civil form and are characterized by: randomness and probability, statistical observability and the possibility of mathematical calculation; the actual possibility of insured events; closed solidarity of the distribution of damages (in favor of the affected insurers at the expense of all insurers of this insurance fund); the presence of temporal and spatial boundaries of the breakdown of damages, the return of part of the insurance premiums directed to insurance reserves. The economic essence of insurance characterize the following signs: 1) economic relations that have a civil law form; 2) the presence of insurance risk and mathematical methods for its quantitative assessment; 3) formation of a closed insurance community of this insurance fund; 4) closed redistribution of risks and related damages in space and time; 5) repayment of insurance payments (distributed in space and time); 6) self-sufficiency of insurance activity. 3. Basic concepts in insurance Insurance in the narrow sense - these are relations regulated by the law on insurance and are the subject of activity of specialized insurance organizations - insurers. Insurance in a broad sense also absorbs social insurance, including pension, compulsory medical, mutual, which are regulated or should be regulated by other legislative acts. Object of insurance are the property interests of the insured in saving life, health, ability to work, property, money. If there is no insurable interest, insurance is not allowed. The role of insurance in a market economy is described by the following basic concepts: risk, protection against it, and the cost of this service. The risk is defined in the most general form as a probabilistic, random distribution of the results of economic actions of the subject. Any person perceives the risk only as the possibility of negative results, damage. These risks include: risks of traffic accidents, industrial accidents, theft, fires; they are called pure or statistical. But in life there are also risks that lead not only to loss, but also to winning, for example, lotteries. Such risks are called speculative, and the risk of winning is called chance. Pure risks can be insured, but speculative ones cannot, since they depend not only on objective circumstances, but also on the personal psychological characteristics of a person. The risk is assessed by the average loss and the probability of its occurrence. The random distribution of losses for most risks has the form of a decreasing curve: the larger the loss, the less likely it is, i.e., small losses are much more common than large ones. In this way, main purpose of insurance - act as a protective mechanism for risk transfer. Service concept is fundamental in insurance. According to many scientists specializing in the field of insurance, it can be said that insurers sell confidence to their customers, since in English the word "insurance" has a different origin than in Russian, and can be translated as "to be sure." The third and very important concept in the insurance business is the question of the cost of insurance services. The insurance premium charged by the insurer - the price of the insurance service - must correspond to the sum insured and the risks taken and ensure the sufficiency of the total insurance fund to pay for all insured events, pay all the costs of the insurer and, if possible, not exceed the prices of competitors. 4. Risk management and insurance The risk is a random distribution of the results of economic actions of the subject. The risk subject is an active participant in the activity that makes a decision. The subjects of risk include the nation, the state represented by its governing bodies, the entrepreneur, the owner, the family, individual citizens. The objects of risk include: the integrity of the state, the welfare of the nation, material interests, life, health, the welfare of groups of people and the individual citizen, entrepreneurial activity. Risk functions: 1) precautionary, which manifests itself in a constructive search for methods of action that are safe in relation to known risks; 2) protective, manifested in the search for methods and means of protection against undesirable manifestations of risks at the instinctive and conscious levels; 3) speculative, providing the opportunity to win in case of a random or planned favorable combination of conditions for the manifestation of risk; 4) socio-economic, which consists in the natural selection of the most effective risk subjects and methods of their actions. From the point of view of the causes of occurrence and the extent of the consequences, they distinguish fundamental и specific risks. Fundamental (objective, systemic) risks are caused by causes that are beyond the control of the will of people and affect large areas of a group of people, such as earthquakes. Fundamental risks can be classified as force majeure. Specific (subjective) risks are associated with individuals, groups of people, enterprises, projects. The negative manifestation of subjective risks is usually associated with insufficient consideration or neglect of any circumstances. Despite the objective nature of most risks, the history of human development proves that it is possible to manage risks. Risk management, like the management of any processes, includes the choice of a goal, planning ways to achieve it (risk marketing, or the choice of risk management "tools"), the implementation of the chosen methods (risk management) and monitoring results. Risk management due to its strong dependence on the ability of the risk subject to make the right decision with a lack of information is a science and an art at the same time. Main ways risk management: 1) risk absorption applied for weak risks or impossibility to use other methods; 2) risk avoidance applied in mobile systems; 3) sharing and transfer of risk. None of these methods provides a complete elimination of risk, some of it remains on the subject's own deduction. 5. Classification of insurance Classification by objects of insurance: personal, property and liability. The classification according to the methods of calculating the insurance rate is based on differences in the risky nature of insured events: first group - unlikely insured events; second group - insured events are inevitable, but random in time of their occurrence. In the first group, i.e., with risk insurance, the main net part of the insurance rate is calculated in proportion to the probability of an insured event and the insurance premium is much less than the sum insured. The balance classification distinguishes insurance of assets and insurance of liabilities. К asset insurance include all the most important types of damage insurance: in relation to material values, things. Insurance of assets also includes insurance of possible losses on debt obligations. When insuring liabilities, it is not property interest that is insured, but those damagesthat arise from passive debts without repayment. These are insurance of legally defined obligations of the entrepreneur, insurance of damage that occurs in case of rejection of claims, credit insurance, insurance of necessary expenses. When classifying by scope, various types of insurance are grouped together based on the needs of the industry. For example, marine insurance may include insurance of a ship, cargo, charterer's financial risk. Along with marine insurance, aviation insurance, insurance of rocket and space risks, motor insurance, bank insurance are distinguished. Classification in the interests of licensing insurance activities highlights: life insurance in case of death, surviving to a certain age or period, or the occurrence of another event; pension insurance; life insurance with the condition of periodic insurance payments (rents, annuities) and (or) with the participation of the insured in the investment income of the insurer; accident and illness insurance; health insurance, etc. - 23 types in total. Insurance is carried out in the form of voluntary insurance and compulsory insurance. The conditions and procedure for the implementation of compulsory insurance are determined by federal laws on specific types of compulsory insurance. In Art. 969 of the Civil Code of the Russian Federation provides for the possibility of compulsory state insurance of health, life, property of civil servants of certain categories. Voluntary insurance is carried out on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation. 6. Social insurance Social insurance is a system of relations for the redistribution of national income through the formation of compulsory insurance contributions from employers and employees of special insurance funds to compensate for the loss of labor income or maintain it due to certain social risks. Principles of social insurance: 1) binding for all participants (work employees, employers, government agencies); 2) distribution of responsibilities for the payment of insurance contributions to social insurance funds between employees and employers with the involvement of state budget funds as necessary; 3) compliance of the size of the insurance premium with the degree of social protection that the population needs based on the established social standards of the level and quality of life; 4) proportionality of insurance payments to the degree of need for social assistance, taking into account the size, timing and other conditions for paying insurance premiums; 5) the right to receive social benefits is determined by the facts of the occurrence of social risk and the payment of insurance premiums without additional verification of the need for income. The financial basis of social insurance includes mandatory (by virtue of law), universal (for all employers and in some cases employees) and equal (in the same proportion of the wage fund) insurance premiums. Social insurance does not pursue the goal of making a profit, and all income, for example from investing temporarily free funds, is directed only to social purposes. Social insurance is based on the principles of solidarity (equal conditions and equal amounts of insurance payments for certain types of social insurance, with significantly different absolute amounts of insurance premiums for different insurers). Forms of social insurance change as the structure of social risks changes. In most foreign countries, there are three main branches of insurance: pension, medical (hospital), accident. More recently, there was another industry in Russia - from unemployment. A new industry is also gradually emerging - long-term care insurance. The social insurance system includes four industriesmanaged by three off-budget state funds: 1) state social insurance (FSS); 2) compulsory accident insurance (FSS); 3) compulsory medical insurance (federal and territorial funds for mandatory medical insurance and PFR); 4) compulsory pension insurance (PFR). 7. History of the development of insurance law The history of insurance is closely connected with the history of contractual, commercial and civil law. In the famous Codex of the Babylonian king Hammurabi (1792-1750 BC e.) although there is no direct mention of insurance, the concept of liability is introduced in various activities of members of the society, which is very important for the subsequent development of liability insurance. In the period of Antiquity and the Middle Ages, insurance, while remaining mutual, was subject to the charters of professional colleges, trade guilds, Christian communities and monasteries. The development of marine insurance in Europe contributed to the formation of insurance legislation (the Venetian Maritime Code, Visby maritime law, etc.) and other types of insurance. In the Middle Ages, a non-commercial type of insurance also existed in Russia. So, in the code of laws "Russkaya Pravda" the legal foundations of insurance relations in Kievan Rus were fixed. In the future, insurance developed in Russia mainly at the initiative of the authorities. July 28, 1786 The Manifesto on the Establishment of the State Loan Bank was issued, which prohibited insuring property from foreign insurers, and in the same year an insurance expedition was created at this bank, which was entrusted with the duty of insuring property and buildings of Russian citizens against fire. However, its activity, like other similar attempts, turned out to be unprofitable and was discontinued. В 1904 BC There were 500 companies that were engaged in insurance of the risks of disability, death at working age, old age insurance, and pension insurance. Collective insurance of workers against accidents at the expense of employers and insurance in sickness funds were enshrined in legislation in 1912 BCwhich is in line with common European practice. State pension insurance in Russia originated much later than in most developed countries - at the beginning of the XNUMXth century. and has not been widely adopted. Along with the development of land legislation, property insurance also developed, which is convenient to follow on the example of mortgages. In Russia, there was a strict distinction between the termination of a mortgage right and its redemption. The repayment was carried out by the formal destruction of the entry in the mortgage book. In the Russian Empire, exemplary mortgage operated in the provinces of the Kingdom of Poland according to the charter 1818 BC It was based on the old Polish legislation with Prussian and Austrian "layers". Mortgages have been in effect in the Baltic provinces since the 1889th century. and was merged with legislation during the judicial reform of 19. On the European territory of Russia, mortgages were introduced by the Law of May 1881, XNUMX. 8. Subject, system and sources of insurance law Subject of insurance law - public relations between insurers and policyholders, developing regarding the implementation of insurance and insurance protection. In insurance law, the dispositive method of legal regulation prevails, while the importance of the imperative method is very small, mainly its scope is the rules governing relations on state supervision of insurance activities and compulsory types of insurance. The system of insurance law includes two parts. a common part - norms governing all institutions of insurance law: principles of insurance; basic insurance terms; state regulation of insurance activities; licensing of insurance activity. Special part - rules governing certain types of insurance: personal insurance; property insurance; liability Insurance; business risk insurance; bank deposit insurance; compulsory life and health insurance for servicemen; compulsory social insurance; compulsory insurance against industrial accidents and occupational diseases; health insurance; pension insurance; Compulsory liability insurance for vehicle owners. К main sources insurance law includes the following legislative acts: 1) Civil Code of the Russian Federation; 2) Law of the Russian Federation "On the organization of insurance business in the Russian Federation"; 3) Federal Law "On the organization of insurance business in the Russian Federation"; 4) Law of the Russian Federation "On medical insurance of citizens in the Russian Federation"; 5) Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"; 6) Federal Law "On insurance of deposits of individuals in banks of the Russian Federation"; 7) Federal Law "On Compulsory Pension Insurance in the Russian Federation"; 8) Federal Law "On the basics of compulsory social insurance"; 9) 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 -executive system and employees of the federal bodies of the tax police". In Russia, as in some Western countries, the sources of legal regulation of insurance form three-stage system: 1) Civil and Tax Codes of the Russian Federation; 2) special laws on insurance activities; 3) regulations and instructions of the Government, the Central Bank of the Russian Federation and ministries in the field of insurance. 9. Civil law regulation of insurance Insurance as a sphere of professional activity is quite fully regulated by a number of chapters of the Civil Code of the Russian Federation. The main content of ch. 48 of the second part of the Civil Code of the Russian Federation are the rules governing relations under contracts of property and personal insurance. The concept of compulsory insurance is defined in two forms - at the expense of the state budget (compulsory state insurance - Article 969 of the Civil Code) and at the expense of persons specified in the law (Article 935 of the Civil Code). According to Art. 935 of the Civil Code, the law may impose on the persons indicated in it the obligation to insure: 1) life, health or property of other persons specified in the law in the event of harm to their life, health or property; 2) the risk of their civil liability, which may arise as a result of causing harm to life, health or property of other persons or violation of contracts with other persons. Compulsory insurance is carried out, as well as voluntary, by concluding a written contract by a person who is entrusted with the obligation of such insurance. The requirement of a written form of an insurance contract does not apply to compulsory state insurance contracts (clause 1 of article 940 of the Civil Code). With compulsory insurance, the conclusion of an agreement on the conditions proposed by the insured is not mandatory for insurers (paragraph 2 of article 927 of the Civil Code). The Civil Code of the Russian Federation specifies the interests that are not allowed to be insured: 1) illegal interests; 2) losses from participation in games, lotteries and betting; 3) expenses to which a person may be forced in order to release the hostages. Insurance of these interests makes the insurance contract null and void. According to paragraph 2 of Art. 929 of the Civil Code of the Russian Federation under a property insurance contract, in particular, the following property interests: 1) the risk of loss (destruction), shortage or damage to certain property (Article 930); 2) the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931 and 932); 3) the risk of losses from entrepreneurial activities due to a breach of their obligations by counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933). According to paragraph 2 of Art. 932 The risk of liability for breach of contract can only be insured with the insured himself and only in his favor. The Civil Code of the Russian Federation also contains other norms regulating various aspects of insurance (the secrecy of insurance is determined by Article 946 of the Civil Code of the Russian Federation, etc.). 10. Special insurance legislation in Russia The main legislative act regulating social relations arising in the course of insurance is the Federal Law "On the organization of insurance business in the Russian Federation". The law regulates relations between persons engaged in various types of activities in the field of insurance business or participating in them, relations for the implementation of state supervision over the activities of insurance business entities, as well as other relations related to the organization of insurance business. An essential requirement of the new version of the Law was division of insurers by types of insurance. In accordance with the requirements of paragraph 2 of Art. 6 of this Law, insurers have the right to carry out either only life insurance, or only insurance of objects of property and personal insurance (insurance against accidents and illnesses, medical insurance). The new version of the Law "On the Organization of the Insurance Business in the Russian Federation" (Article 32.1) for the first time in domestic practice introduced qualification requirements (for example, the heads of an insurance company are required to have a higher economic or financial education, confirmed by a diploma recognized in Russia, as well as work experience in at least two years in the field of insurance or finance, etc.). Medical insurance is regulated by its own law - Law of the Russian Federation dated June 8, 1991 No. 1499-1 "On Medical Insurance of Citizens in the Russian Federation". Marine insurance is regulated by art. 246-285 and some subsequent articles of the Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ, aviation insurance - Art. 131-134 of the Air Code of the Russian Federation of March 19, 1997 No. 60-FZ. All mandatory types of insurance are governed by their own laws. The Government of the Russian Federation, within its competence, approves changes in the conditions of compulsory insurance and sets priorities for the development of insurance. Thus, in particular, Decree of the Government of the Russian Federation of September 25, 2002 No. 1361-r approved the Concept for the Development of Insurance in Russia for the Short term, and Government Decree of May 7, 2003 No. 264 established payment rates for compulsory insurance of civil liability of vehicle owners . The Ministry of Finance of the Russian Federation issues departmental normative acts, the purpose of which is to regulate the internal financial activities of insurers in order to meet the requirements of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" and the Civil Code of the Russian Federation. 11. Legal basis for the taxation of insurers and policyholders The taxation of insurers is regulated in part two of the Tax Code of the Russian Federation. In Art. 149 of the Tax Code of the Russian Federation, it is confirmed that the provision of insurance, social insurance and reinsurance services by insurance companies, as well as non-state pension provision by non-state pension funds, is not subject to VAT. Despite this, there is an important exception, insurance compensation under insurance contracts in case of non-payment for delivered products should be included in the turnover subject to VAT if the sale of such products is subject to this tax. In accordance with Art. 284 of the Tax Code of the Russian Federation, the tax rate on the profits of insurers is set at 24%. The taxation of policyholders is also regulated by the second part of the Tax Code of the Russian Federation and is different for citizens and legal entities. According to paragraph 2 of Art. 208 of the Tax Code of the Russian Federation, insurance payments to individuals upon the occurrence of an insured event relate to their income and should be subject to personal income tax. When determining the tax base income is not taken into account: 1) under contracts of compulsory insurance, carried out in accordance with the procedure established by the current legislation; 2) under voluntary long-term life insurance contracts concluded for a period of at least five years and during these five years not providing for insurance payments, including in the form of annuities and (or) annuities (except for the insurance payment provided for in the event of the death of the insured persons) in favor of the insured person. When determining the tax base for the payment of the unified social tax, they are taken into account in accordance with Art. 237 of the Tax Code of the Russian Federation, any payments and remuneration, regardless of the form in which these payments are made, in particular, payment of insurance premiums under voluntary insurance contracts, for exception: 1) for compulsory insurance of employees carried out by the taxpayer in accordance with the procedure established by the legislation of the Russian Federation; 2) amounts under contracts of voluntary personal insurance of employees, concluded for a period of at least one year, providing for the payment by insurers of medical expenses of these insured persons; 3) under contracts of voluntary personal insurance of employees, concluded exclusively in the event of the death of the insured person or the loss of the insured person's ability to work in connection with the performance of his labor duties. Taxation of policyholders - legal entities are made in a different way, namely through the inclusion of insurance costs in their expenses in accordance with the closed list of such costs given in the Tax Code of the Russian Federation, and, accordingly, a decrease in the tax base for income tax. 12. The purpose and functions of the state insurance supervision in the Russian Federation State supervision of insurance activities is carried out in order to comply with the requirements of the legislation of the Russian Federation on insurance, the effective development of insurance services, the protection of the rights and interests of policyholders, insurers, other interested parties and the state. In accordance with the Decree of the Government of the Russian Federation "On the Approval of the Regulations on the Federal Insurance Supervision Service", insurance supervision is carried out by the Federal Insurance Supervision Service (Rosstrakhnadzor). The goals of state regulation of insurance activities are: organization of the insurance business, which is expressed in the creation of a unified regulatory framework at the federal level; creation of uniform conditions and rules of insurance; development of the insurance services market; protection of the rights of participants in insurance legal relations. The main functions of the federal executive body for supervision of insurance activities are: 1) issuance of licenses to insurers to carry out insurance activities; 2) introduction of a unified State register of insurers and associations of insurers, as well as a register of insurance brokers; 3) control over the validity of insurance rates and ensuring the solvency of insurers; 4) issuance of permits to increase the size of the authorized capital of insurance companies at the expense of foreign investors, to conclude transactions with the participation of foreign investors on the alienation of shares (stakes in the authorized capital) of insurance companies, as well as to open branches by insurance companies with foreign investments; 5) development of regulatory and methodological documents on issues of insurance activities; 6) generalization of the practice of insurance activities, development and submission in the prescribed manner of proposals for the development and improvement of the legislation of the Russian Federation on insurance. One of the goals of state regulation is also warning, restriction and suppression of monopolistic activity and unfair competition in the insurance market. The main directions of state regulation are: 1) state supervision of insurance activities; 2) ensuring the financial stability and solvency of insurance companies; 3) suppression of monopolistic activity and unfair competition in the insurance market; 4) general state financial control over the activities of insurance organizations; 5) direct participation of the state in the formation and development of insurance protection of property interests of insurance subjects. 13. Legal nature of the insurance contract Currently, there is no consensus among scientists on the definition of the category of insurance contract and its interpretation. Insurance relationships were originally built as real, i.e. the insurer was liable only on the condition that the client paid the premium. On the one hand, the insurance contract is not real, since it is considered concluded from the moment the first installment is paid. On the other hand, an insurance contract is consensual. In accordance with Art. 432 of the Civil Code of the Russian Federation, any civil law contract is considered concluded if an agreement is reached between the parties in the required form on all essential terms of the contract. In turn, the moment of conclusion of the contract is determined by the rules of Art. 433 of the Civil Code of the Russian Federation. The Civil Code of the Russian Federation in some way presumes the consensuality of the contract. The contract is considered real only when the transfer of the relevant property is also necessary for its conclusion. From the moment of its conclusion, the contract enters into force and becomes binding on the parties, i.e. the contract as a legal fact gives rise to civil obligation. The foregoing means that the contract (as an agreement and a legal fact) precedes the obligation, and the time gap between their occurrence can be significant. Rule Art. 957 of the Civil Code of the Russian Federation establishes that the insurance contract, unless otherwise provided in it, enters into force at the time of payment of the insurance premium or first installment. As a general rule, Art. 425 of the Civil Code of the Russian Federation, the validity of the contract begins from the moment of conclusion and can be extended to previous relations. But this article does not provide for the possibility of postponing the entry into force of the concluded treaty. The assignment of an insurance contract to real or consensual should predetermine the conclusion regarding a different division: into unilateral and bilateral contracts. If the insurance contract consists of the obligation of the insured to pay the premium and the obligation of the insurer to compensate for losses, then these obligations are considered mutual only if both are included in the content of the contract. This means that only a consensual insurance contract can be bilateral. At the same time, the legislator allows the possibility of converting, by agreement of the parties, an insurance contract from real to consensual, when it comes into effect regardless of the payment by the insured of the price of services. But this is, firstly, an exception to the general rule, and secondly, which is of fundamental importance, such an exception can only be made by the participants in the insurance legal relationship consciously and only voluntarily. 14. Conditions and procedure for concluding an insurance contract The form of the insurance contract according to Art. 940 of the Civil Code of the Russian Federation can only be written. The exception is contracts of compulsory state insurance, where the written form is not required. Documentation of the insurance contract may be different: an agreement signed by two parties, or an insurance policy (certificate, certificate, receipt), i.e. a document signed by the insurer and the policyholder and drawn up on the basis of a written or oral application of the policyholder. According to Art. 930 of the Civil Code of the Russian Federation, it is possible to issue insurance policies to the bearer. The public nature of the personal insurance contract is defined by Art. 927 of the Civil Code of the Russian Federation. This means that an insurer who has a license for any type of personal insurance is obliged to conclude this contract with anyone who applies to him, "if possible" (Article 426 of the Civil Code). The terms of the insurance contract constitute a set of its clauses expressing the will of the parties. In science, the terms of the contract are usually divided into essential, mandatory and individual. Article 942 of the Civil Code of the Russian Federation establishes four essential conditions of an insurance contract, three of which are common to property and personal insurance: - the nature of the insured event; - sum insured; - validity period of the insurance contract; property or property interest that is insured, for personal insurance - the insured person. Mandatory terms of the contract are prescribed by the parties by law for agreement. In insurance contracts, these are the details of the parties, payment terms, the start date of insurance coverage, etc. Unlike mandatory, individual conditions are entered into the contract at the request of the parties. Legislation is allowed to establish in the contract by mutual agreement any conditions that do not contradict the law, which contributes to the maximum consideration of the wishes of the parties. The procedure for concluding an insurance contract is regulated in Ch. 48 of the Civil Code of the Russian Federation. The conclusion of the contract is preceded by the agreement of the parties, which is achieved through negotiations. The basis for their beginning is an oral or written application of the insured. In the course of negotiations prior to the conclusion of the contract, the insurance company is obliged to familiarize the insured with the terms of insurance. The policyholder, in turn, is obliged to provide the insurer with all the information necessary for risk assessment. An important part of the contract - the policyholder's own will regarding the conclusion of the contract. This will is expressed by the text of the application or the contract itself and the signature of the insured. 15. Registration of an insured event Based on the legislation of the Russian Federation, the rules and contracts of property insurance provide for the following procedures for determining procedure and conditions for payment of insurance compensation: 1) the grounds for the payment of insurance indemnities are established; 2) the grounds are regulated and the methodology for calculating the amount of insurance compensation is substantiated. The basis for making a decision on the payment of insurance compensation is the occurrence (fact) of an insured event corresponding to the insurance contract. Its occurrence and identification of insurance conditions are confirmed by documents: 1) an application of the insured about the occurrence of an insured event; 2) a list of destroyed (stolen) or damaged property; 3) an insurance act on the destruction (theft or damage) of property. insurance act is a document that is drawn up in accordance with the procedure established by the insurance rules and confirms the fact, causes and circumstances of the insured event. Only on the basis of an insurance act can the amount of damage caused to the property of the insured be calculated, the amount of insurance indemnity calculated and the right of the insurant to receive this indemnity determined. The basis for calculating the amount of insurance compensation for the insurer is the data: presented in the application by the insured; established and fixed by the insurer in the insurance act; submitted by the competent authorities in case of application to them. Cost expression of damage - this is the value of the lost or depreciated property or its part, determined on the basis of the insured value (insurance assessment). The insurance indemnity is determined on the basis of the damage and the terms of the contract and is part or the full amount of the damage due to the insured in accordance with the terms of the insured. RџSЂRё proportional insurance (insurance for incomplete insured value or underinsurance) insurance compensation is paid in proportion corresponding to the ratio of the sum insured to the insured value, i.e. in that part of the damage that is actually caused to the insured property and for which the policyholder has paid premiums. When insuring under the first risk system, usually used in practice, the insured is compensated for damage in the amount of not more than the sum insured, based on which he actually paid the insurance premiums. In case of losses less than the sum insured, the contract continues to operate within the remaining part of the sum. If the amount of damage exceeds the sum insured, the excess remains at the risk of the insured. 16. Insurance premium - the economic basis for the formation of the insurance fund Insurance market - a set of economic relations between the subjects of the insurance business and their clients, clothed in legislative and contractual forms. A specific product of the insurance market is the insurance protection service provided by insurers, which has its own use value and price. The use value of an insurance service consists in providing insurance coverage. Upon the occurrence of an insured event, the insurance coverage materializes in accordance with the insurance contract in the form of an insurance payment. Insurance service price expressed in the insurance premium (premium), which the insured pays to the insurer. Insurance tariff - the relative price of the insurance service, equal to the ratio of the insurance premium to the sum insured. Insurance fee is established upon signing the contract and remains unchanged during the term of its validity, unless otherwise stipulated by the terms of the contract. The premium must be sufficient to enable the insurance company to: 1) cover expected claims during the insurance period; 2) create insurance reserves; 3) cover the expenses of the insurance company for doing business; 4) provide a certain amount of profit. To date, insurers do not include profit in the structure of the insurance premium, but seek to ensure its receipt through the rational conduct of business. Insurance service price, like any market price, fluctuates under the influence of supply and demand. In accordance with the principle of equivalence of insurance relations, the lower limit of the price is determined by the equality between the receipts of insurance premiums and the sum of insurance payments and costs of the insurer for the term of the contracts for the tariff period (the period of statistical observations of insured events), i.e., based on the condition of non-ruin of the insurance company. At this price level, the insurance company does not receive a profit from insurance operations. Upper price limit insurance service is determined two factors: 1) the size of demand for it; 2) the amount of bank interest on deposits. The price of the offered insurance service depends on: the size and structure of the insurance portfolio, management costs, investment income. The insurance premium as the price of an insurance service has a certain structure, its individual elements must provide funding for all the functions of the insurer. The main components of the insurance premium are: 1) net contribution for the production of insurance payments and the formation of insurance reserves; 2) premium to cover the expenses of the insurance company; 3) profit margin. 17. Classification and risk assessment In terms of the nature and consequences of risks, they can be divided into three main groups: 1) dangerous events, random in time of occurrence on a set of separate homogeneous distributed objects and in terms of the amount of losses caused to these objects individually (fires, accidents, thefts, injuries, etc., typical for mass insurance of homogeneous objects - houses, cars, etc. d.); 2) rare dangerous events, random in time of occurrence and with a high level of losses, caused at once to many compactly located individual objects (catastrophic events); 3) dangerous events, which are known to occur, but it is not known at what time and with whom (disability due to old age, death). When assessing these risk groups, various methods. The random nature of the consequences of the onset of dangerous events can be quantified, for example, based on statistical observations of them. If it is impossible to quantify the risks, which is typical for rare catastrophic events, then it is necessary to talk about the uncertainty of the risk. Insurance is closely related to random and calculable probabilistic risks. If the risk is not defined, then the well-known methods of the theory of "games with nature" based on logical methods can be applied to disclose the uncertainty. B. Pascal. Such a disclosure of uncertainty does not give quantitative estimates of the probability of a particular outcome of the manifestation of risk, however, it makes it possible to identify the preferred options for protecting against risk according to a pre-selected criterion. The maximin criterion can be recommended as criteria. walda, involving the choice of an action option that provides the maximum result in the worst possible conditions, or the criterion Savage, involving the choice of the option that provides the minimum risk in the worst possible conditions. If the insurer deals with mass risks, then, in accordance with the law of large numbers, the distribution of the total loss over the entire insurance portfolio will obey the normal distribution, regardless of the distribution of losses by individual risks. To assess the "quality" or degree of risk from the point of view of insurance, a coefficient of variation is used, equal to the ratio of the standard deviation of the total loss in the insurance portfolio to the mathematical expectation of this loss. This approach has been proposed C. Burrow. If the portfolio is homogeneous, i.e., the random values of losses for single risks are equally distributed, then with an increase in the volume of contracts by N times, the coefficient of variation decreases, therefore, large insurance companies should objectively have lower rates than small ones. 18. Basic methods for calculating the insurance rate Risk types of insurance according to the Methodology for calculating tariff rates for risk types of insurance are other than life insurance types of insurance: 1) not providing for the obligations of the insurer to pay the sum insured at the end of the term of the insurance contract; 2) not related to the accumulation of the sum insured during the term of the insurance contract. In turn, from the number of risky types of insurance, there are: 1) health insurance; 2) mass risk types of insurance; 3) insurance of rare events and major risks. In the case of health insurance, an insured event usually refers to a visit to a doctor. For most health insurance programs offered by insurers, there may be several such applications, so there is no need to talk about the likelihood of an insured event. The main part of the net contribution in this case is determined as the product of the average number of visits to a doctor by the average cost of one visit for a given gender and age group of the insured. Mass risk types of insurance cover a significant number of policyholders and insurance objects (usually personal and property insurance, as well as liability insurance for individuals and small entrepreneurs), characterized by homogeneity of risks, for which there is a sufficiently large amount of statistical data, i.e. the number of insurance objects is at least several thousand, allowing objective calculation of tariffs. The random distribution of the amount of loss in mass species can be described with sufficient accuracy by a normal, or logarithmically normal, distribution, which greatly simplifies statistical calculations. When insuring rare and catastrophic risks in their consequences, they are divided into the following groups: 1) natural disasters (earthquakes, floods, volcanic eruptions, avalanches, massive forest fires, etc.); 2) man-made and man-made disasters (dam accidents, explosions and fires at hazardous facilities, aircraft crashes, harmful and toxic substances entering the atmosphere, water, soil, etc.); 3) extremely rare dangerous events, such as meteorite impacts, massive power outages. The value of the tariff rate under a life insurance contract is determined taking into account: 1) the average life expectancy of the insured; 2) the term of the contract; 3) frequency of payment of the insurance premium; 4) investment return (rate of return). Based on practice, the value of the life insurance premium is only slightly less than the sum insured. 19. Insurance reserves: calculation and investment There are the following types of insurance reserves, providing current and future insurance payments: 1) mathematical reserves in life insurance; 2) reserves of unpaid losses, corresponding to the preliminary full value of all losses received before the end of the financial year, minus the amounts already paid on the applications of the insured; 3) reserves of unearned premium, determined as part of the gross insurance premium for insurance contracts that go beyond the reporting period; 4) reserves for incurred but undeclared losses under existing insurance contracts, calculated on the basis of losses of the past few years to estimate future expenses for insurance payments. According to Art. 26 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" on insurance, in order to ensure the fulfillment of obligations for insurance, reinsurance, insurers, in the manner established by the regulatory legal act of the insurance supervisory authority, form insurance reserves. Funds of insurance reserves are used exclusively for making insurance payments. The amount of the reserve by types of insurance related to life insurance: where: R - the amount of the reserve by type of insurance as of the reporting date; Rk - the size of the reserve by type of insurance at the beginning of the reporting period; To - net insurance premium by type of insurance received for the reporting period; i - annual rate of return (expressed as a percentage) used in calculating the tariff rate for the type of insurance; B - the amount of payments of insurance coverage and redemption amounts by type of insurance for the reporting period. In the vast majority of countries, the investment of insurance reserves is standardized in relation to diversification by type of investment, the limit of investments in certain investment instruments and liquidity conditions. In the EU countries, the current norms represent an exhaustive list of the maximum relative investments of insurance reserves in individual investment instruments (assets). In some EU countries it is allowed to exceed these limits, but investments in excess of the established limits are not considered permitted assets representing insurance reserves. In the Russian practice of the insurance business, the investment of insurance reserves is carried out in accordance with the Rules for the placement of insurance reserves by insurers, approved by order of the Ministry of Finance of Russia dated February 22, 1999 No. 16n. The following types of assets are accepted to cover insurance reserves, taking into account the restrictions indicated in parentheses: government securities of the Russian Federation and constituent entities of the Russian Federation; municipal securities; bills of banks; stock; bonds; housing certificates; investment shares of share investment contributions, etc. 20. Solvency of the insurance company Solvency - the most important indicator of the reliability of the insurance company, its financial stability and, therefore, the main indicator of the company's attractiveness to potential customers. The financial potential of an insurance organization is the financial resources that are in financial circulation and used for insurance operations and investment activities. The financial potential consists of: own capital and attracted. In accordance with Art. 25 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" guarantees for ensuring the financial stability of the insurer are: 1) economically justified insurance rates; 2) insurance reserves sufficient to fulfill obligations under contracts of insurance, co-insurance, reinsurance, mutual insurance; 3) own funds; 4) reinsurance. Insurance reserves и insurer's own funds must be provided with assets that meet the requirements of diversification, liquidity, repayment and profitability. Insurers must have a fully paid authorized capital, the amount of which must not be lower than the minimum amount of the authorized capital established by the said Law. The insurer may transfer the obligations assumed by it under insurance contracts (insurance portfolio) to one insurer or several insurers (replacement of the insurer) that have licenses to carry out those types of insurance for which the insurance portfolio is transferred and have sufficient own funds, i.e. appropriate solvency requirements, taking into account the newly assumed obligations. The sufficiency of the insurance company's own funds guarantees its solvency under two conditions: the presence of insurance reserves not below the standard level and the correct investment policy. The condition for mandatory ensuring the solvency of insurance companies is the observance of a certain ratio of assets and liabilities, or solvency margin. The insurer's own capital is calculated as the sum of the authorized (reserve), additional, reserve capital, retained earnings of the reporting year and previous years, reduced by the amount of uncovered losses of the reporting year and previous years, debt of shareholders (participants) on contributions to the authorized (reserve) capital, own shares repurchased from shareholders, intangible assets and receivables that have expired. 21. Purpose and main types of personal insurance К personal insurance relate: 1) life insurance in case of death, surviving to a certain age or period, or the occurrence of another event; 2) pension insurance; 3) life insurance with the condition of periodic insurance payments (rents, annuities) and (or) with the participation of the insured in the investment income of the insurer; 4) accident and illness insurance; 5) medical insurance. Personal insurance among other branches of insurance, it performs the most important social function, ensuring the preservation of health and the accumulation of funds to maintain the standard of living in case of disability. Private insurance provided by insurance companies on commercial terms is a supplement to public social insurance in all countries, although their ratio varies from country to country. At the same time, the development of life insurance is also very important for filling the national economy with long-term use funds by investing insurance reserves under long-term insurance contracts. In terms of the volume of insurance premiums among the types of personal insurance in developed countries, life insurance, pension and medical insurance are in the lead, the share of which is up to 85% of the total volume. In the structure of expenses for insurance of an average resident of highly developed countries, expenses for life insurance and medical insurance make up 60-70% and vary in different countries from 1000 to 4000 dollars per year. In Russia, the main share of the total insurance premium for personal insurance is still paid by employers for compulsory types of social insurance. В personal insurance the amount of the sum insured is not limited and is determined mainly by the financial capacity to pay the insurance premium. Accident insurance provides the insured and their family members with comprehensive protection against the economic consequences of disability or death resulting from unforeseen and random events. Unlike other industries, personal insurance is most susceptible to the negative impact of inflation, which was one of the most important reasons for its decline in modern Russia. At present, the reform of state pensions is being carried out, compulsory insurance against industrial accidents and occupational diseases is being introduced, changes are expected in the system of compulsory medical insurance, all this should serve as an incentive for the development of voluntary types of personal insurance that complement state social security. 22. Life insurance Under life insurance It is customary to understand the provision by the insurer, in exchange for the payment of insurance premiums, of a guarantee to pay a certain amount of money (the sum insured) to the insured or to third parties (beneficiaries) indicated by him in the event of the death of the insured or the insured or his survival until a certain period. There are different types of life insurance depending on the availability of various criteria for determining risk: death insurance, survival insurance, annuity insurance (pensions). Basic Principles life insurance are as follows. 1. Insurance interest. Insurable interest has: a) the policyholder - in his own life; b) the employer - in the life of his employees; c) spouse - in the life of another spouse; d) parents - in the lives of children; e) business partners, creditors - in the life of the debtor. 2. Participation of the insured in the profit of the insurance company received from the investment of insurance reserves. This additional amount is called a bonus and is subject to payment in accordance with the terms of the insurance contract upon its termination, or the occurrence of an insured event, or periodically. 3. Payment to the insured in case of early termination of the insurance contract of the redemption amount. 4. "Transparency" of life insurance. A life insurance contract is an agreement signed by the insurer and the policyholder on the payment by the first party of a certain amount of money (sum insured) upon the occurrence of specific insured events in exchange for the payment of insurance premiums by the second party. In the domestic practice of life insurance, it is customary to distinguish the following basic types of contracts (policies): 1) term life insurance - in case of death within a certain period; 2) life insurance - in case of death throughout the life of the insured; 3) mixed life insurance - both in case of death and survival for a certain period of time, in which the insurer undertakes to pay the sum insured both in the event of the death of the insured, if it occurs before the expiration of the contract, and after the expiration of the contract, if the insured remains alive; 4) combined life insurance, in which the insurer, in addition to mixed life insurance, for the payment of an additional premium, assumes responsibility for insurance payments due to accidents that have occurred to the insured or the insured person. Separate groups also include contracts derived from the basic types and covering specific risks: 1) pension insurance contracts; 2) annuities, or rental life insurance. 23. Pension insurance State pension is a monthly cash payment to citizens. The Pension Fund of the Russian Federation (PFR) accumulates all pension contributions. Labor pension old age и disabilities consists of the following parts: 1) the basic, provided by half (50%) of the pension part of the UST, coming from the budget through the PFR pension distribution service; 2) insurance, provided by approximately 35-50% of the pension part of the UST (depending on the age of the insured), coming directly from the PFR; 3) accumulative, also provided from the pension part of the UST, accumulated on the individual personal accounts of the insured in the PFR and non-state pension funds at the choice of the insured. The survivor's pension includes only the basic and insurance parts. The social pension is established in a certain amount from the basic part of the old-age and disability labor pension and is financed in the same way. Compulsory pension insurance is carried out by the insurer - PFR. Along with the Pension Fund, non-state pension funds can be insurers in the manner prescribed by law. The policyholders are: 1) all employers and citizens who independently provide themselves with work; 2) persons making payments to individuals, including organizations, individual entrepreneurs (including private detectives and private notaries), individuals; 3) individual entrepreneurs, lawyers. Citizens of the Russian Federation, foreign citizens living in the territory of the Russian Federation and stateless persons are insured under compulsory pension insurance. The right to compulsory pension insurance in the Russian Federation is implemented in the case of payment of insurance premiums. Citizens entitled to various pensions are entitled to only one of them of their choice, except for disabled people due to military trauma, participants in the Great Patriotic War and other categories specified in Art. 3 of the Law of the Russian Federation "On State Pension Provision in the Russian Federation". Insured risk in pension insurance is the loss by the insured of earnings (payments, remuneration in favor of the insured) or other income in connection with the occurrence of an insured event. An insured event is the achievement of retirement age, the onset of disability, the loss of a breadwinner. Non-state pension fund (NPF) - a special organizational and legal form of a non-profit social security organization, the exclusive type of activity of which is non-state pension provision of fund participants on the basis of agreements on non-state pension provision. 24. Accident insurance The purpose of accident insurance is compensation for harm caused to the health and life of the insured, or compensation for lost income in case of temporary or permanent disability as a result of unexpected, short-term external factors or unforeseen circumstances, such as a traffic accident. In insurance, an accident is usually understood as a sudden, unforeseen external effect on the human body, which results in a temporary or permanent health disorder, as well as the death of the insured. From the full insurance coverage are the following events: 1) suicide or an attempt on his life; 2) intentional infliction of bodily harm by the insured to themselves; 3) bodily injury resulting from the commission by the insured or the beneficiary of unlawful acts against the insured; 4) accidents that occurred due to alcohol or drug intoxication of the insured; 5) large-scale natural disasters; 6) military actions; 7) professional sports and dangerous sports; 8) diseases, including exacerbation of chronic diseases. The object of accident insurance is the property interests of the insured person related to temporary or permanent disability or death due to an accident. In modern Russia, compulsory accident insurance is carried out in three directions. 1. Coverage of risks of industrial injuries and occupational diseases. The scope of insurance is limited to the consequences of accidents occurring at the workplace or during working hours (including travel time to and from work). Insurance coverage in the event of an insured event guarantees: a) temporary disability benefit; b) a one-time insurance payment; c) monthly insurance payments to the insured in the event of disability or to family members in the event of the death of the breadwinner; d) payment of additional expenses for medical care and medicines, special care, prosthetics, etc. 2. Compulsory state insurance of life and health of those categories of civil servants whose professional activities are associated with an increased risk of an accident in the performance of their official duties. 3. Compulsory personal insurance of passengers transported by air, rail, water and motor transport on intercity and tourist routes. 25. Medical insurance In modern states there are forms of organization of medical care: paid (private) medicine; voluntary medical insurance; compulsory health insurance; national public health system. At present, one can distinguish three main health systems: 1) predominantly state - in the UK and Canada; 2) predominantly insurance - in Germany, France, etc.; 3) predominantly private (paid) - in the USA. Compulsory health insurance (OMS) and drug supply insurance (SLO) - the most important elements of the social insurance system, designed to ensure the protection of health and the receipt of necessary medical care in case of illness. In Russia, CHI is universal for the population. This means providing all citizens with equal guaranteed opportunities to receive medical, medicinal and preventive care in the amounts established by the basic federal and territorial compulsory medical insurance programs. The purpose of the OMS is in the collection, maintenance of insurance premiums and the provision of medical care to all categories of citizens on the basis of these premiums collected in federal and territorial off-budget funds on statutory conditions and in guaranteed amounts. Voluntary health insurance is practically similar to mandatory and pursues the same social goal - providing citizens with a guarantee of receiving medical care by paying for it from the insurance premiums of insurers. However, this overall goal in VHI is achieved by other means: 1) voluntary medical insurance, in contrast to compulsory, is carried out entirely on commercial terms; 2) as a rule, voluntary health insurance is an addition to the mandatory system; 3) MHI uses the principle of insurance solidarity, and VMI is based on the principles of insurance equivalence; 4) participation in VHI is not regulated by the state and implements the needs and capabilities of each individual citizen or professional team in the volume and quality of treatment, services, including without direct dependence on medical indications and recommendations of the attending physician. The purpose of voluntary health insurance is to cover the costs of medically recommended medical care for the insured person in case of illness or accident. Taking into account the possibilities of modern medicine, as well as the needs and financial capabilities of clients, insurance companies develop insurance rules and then specify them, drawing up various voluntary medical insurance programs. 26. Insurance of citizens traveling abroad This type of insurance is a compensation for medical expenses that may arise during a trip abroad due to a sudden illness or accident. It is quite closely related to ordinary accident insurance (in terms of reimbursement of medical expenses). In addition to reimbursement for medical expenses, such insurance may include other guarantees, some of which (such as the provision of legal assistance or roadside assistance) are beyond the scope of personal insurance. When insuring citizens traveling abroad, insured events usually recognized: 1) receiving paid medical care in case of an accident and in cases of acute illness or exacerbation of a chronic illness; 2) unforeseen sudden disability; 3) loss of luggage, money, documents through no fault of the insured; 4) unforeseen expenses, the need for which is caused by the occurrence of general civil and auto civil liability; 5) refusal to use tickets and even to travel for objective reasons; 6) failure to fulfill the contractual obligations of the tourist or travel agent. Exist two forms of organization insurance of citizens traveling abroad: compensatory and service. With the compensatory form, there is no element of emergency care insurance, and the insured person not only pays for medical services on his own, but also takes care of their organization. Upon returning to his homeland, on the basis of the submitted documents, he receives compensation from the insurer for those expenses that are included in the insurance coverage. The greatest development was received by insurance of the citizens going abroad, in a service form. Prior to the trip, the client concludes an insurance contract with a Russian insurance company, which, as a rule, guarantees him payment of the agreed medical expenses, as well as the provision of related services. The insurance policy contains the phone numbers of operational (service) centers, by which the insured is obliged to report the fact of illness or accident. From this moment on, the organization and payment of assistance to the insured person is exclusively the responsibility of the operational center. Unlike other types of risk insurance, the insurance rate for insurance of citizens traveling abroad is often expressed in absolute insurance premium per one day of travel. Main factors, influencing the value of the tariff, are: the age of the insured; travel country; duration of the trip; purpose of the trip; limit of liability of the insurer; application of limits and franchises; sales method. 27. Emergency care insurance Emergency insurance is a specific type of insurance, the object of which is the immediate provision of assistance to the insured in certain emergency situations. If classical insurance is about compensation for damage, then emergency insurance is about providing a service in the form of immediate assistance. For example, if a car breaks down on the road, the subject of emergency assistance insurance will be the call of repairmen to the scene of the accident and the towing of the car to the repair shop. The repair itself will be paid directly from the insured's funds or from motor transport insurance - Casco. Accordingly, in a situation related to the disease of the insured, compensation for the costs of treatment will be the subject of medical insurance, but services such as calling a doctor at night or urgent hospitalization will be the subject of emergency care insurance. insurance element emergency care is present not only in the insurance of citizens traveling abroad. In Western countries, especially in Italy, insurance for technical assistance on the roads has become widespread, insurance for technical assistance in the household, medical assistance at the place of permanent residence, etc., is somewhat less developed. Companies providing services in this area offer their clients services for organizing the following types of emergency care: 1) medical assistance in the territory of the country of permanent residence; 2) assistance to citizens traveling abroad; 3) roadside assistance; 4) assistance to owners of yachts and boats; 5) technical assistance in the household; 6) legal assistance; 7) technical assistance to computer owners; 8) technical assistance to cell phone owners. In Russia, insurance services for roadside assistance (damaged vehicle recovery) are offered in major cities as part of a car insurance package. Emergency care insurance is gradually becoming an independent type of service and insurance services. When insuring emergency care, the insurance company usually acts only as the organizer of the provision of services, as an intermediary between the organization directly providing the service (service provider) and the insured. Nevertheless, this activity is related to insurance, as it is based on the transfer of the risk of the need for emergency care to the insurer in exchange for the advance payment of a certain insurance premium. The type of insurance disclosed will evolve as the service industry develops. 28. Purpose and main types of property insurance Property insurance protects the property interests of any property owners (citizens, enterprises, the state) from the risks of its loss or damage. According to the Civil Code of the Russian Federation, the following property interests can also be insured under a property insurance contract: the risk of liability for obligations arising from causing harm to life, health or property of other persons, as well as the risk of losses from business activities. Types of property insurance are: 1) insurance of means of land transport (with the exception of means of railway transport); 2) insurance of railway vehicles; 3) air transport insurance; 4) insurance of water transport means; 5) cargo insurance; 6) agricultural insurance; 7) property insurance of legal entities, with the exception of vehicles and agricultural insurance; 8) property insurance of citizens, with the exception of vehicles. Purpose of property insurance - compensation for damage. The maximum sum insured in property insurance is determined by the insurance value of the property insurable interest by the time of the insured event. The insured value for property is its actual value at its location and on the date of conclusion of the insurance contract. For property, the following cost types: 1) restorative - the estimated cost of a new facility similar to the one to be assessed; 2) valid - replacement (original) cost, minus the amount corresponding to the degree of wear; 3) residual (total) - the selling price of the building, which the insured can receive (if the building is subject to demolition or has lost all value for a long period); 4) balance sheet - reflected in the accounting. Contracts of property insurance and liability insurance often provide for the insured's own participation in covering part of the damage. The simplest form of participation is called everage - the degree of the insured's own participation is directly indicated in the insurance contract in the form of a share (percentage) of the amount of damage in which the insurance indemnity is paid for each insured event. Another form of own participation - franchise - is used when the policyholder participates in the damage by a certain amount. Franchise - this is the amount of damage determined by the insurance contract that is not subject to compensation by the insurer. Under agreements with a franchise, the insured is provided with discounts when paying insurance premiums. Distinguish between unconditional and conditional franchise. 29. Insurance of real estate and related risks Fire insurance is the most common type of property insurance. The objects of insurance may be buildings, structures, construction in progress, equipment, inventory, products, raw materials, materials, goods, fuel, household property, exhibits and other property. The insurance contract can be concluded both for all property and for its part. Main risks fire insurance traditionally includes fire, lightning strike, explosion, fall of a manned aircraft, its parts or cargo carried on it. In case of insurance against theft, the object of insurance, as in case of fire insurance, is the property of legal entities and individuals. In domestic practice, theft insurance is usually included in fire insurance. A specific and relatively new type of property insurance is insurance of property rights to real estate as an integral part of mortgage risk insurance. Unlike ordinary property insurance, property right insurance (title insurance) is retrospective, relating to the past, since before the conclusion of the insurance contract, the insurance events provided for by it could already have actually occurred, but have not yet manifested themselves and may occur during the term of the contract. The object of title insurance are the property interests of the owner of real estate associated with the occurrence of losses as a result of its loss in connection with the termination or restriction of property rights. Title insurance requires the correct identification of the risks associated with the loss of property rights, which can lead to the termination or restriction of the owner's right as a result of the identification of unrecorded owners or persons having legal rights to this property. With the development of scientific and technological progress, the growth of capital intensity of production, the rise in the cost of technological equipment, mass construction, a need arose for insurance against the risks of damage due to failures in complex production equipment and technological complexes. This type of insurance is called insurance of technical risks: construction and installation works; machines in the industrial sector from breakdowns; mobile installations; electronic equipment. Home insurance is a set of types of insurance of property interests of individuals and legal entities related to the possession, use, disposal of housing stock against the risks of its damage, destruction, loss, as well as expenses associated with the risk of compensation for harm to third parties as a result of the use of housing stock. 30. Land transport insurance Land transport insurance objects are the property interests of persons associated with the possession, use, disposal of any self-propelled vehicles, as well as trailers subject to state registration. In Russia, compulsory third party liability insurance was introduced on July 1, 2003. When insuring a vehicle on a hull basis (this term in Spanish means the hull of a ship or car), it must be fully equipped from the manufacturer. Insurance cover can be extended to additional equipment that is not included in the factory set, such as audio or television equipment, anti-theft equipment, alarms, etc. In Russia, the most common are all-risk car insurance contracts with tariffs on average from 5% of the sum insured (domestic cars) to 15% (new foreign cars). The amount of the tariff depends not only on the brand of the car, its power, mileage, year of manufacture, but also on the storage conditions, the presence of a burglar alarm, the driving experience of the insured and his insurance history (the number of insured events that occurred to him and their consequences). Transport for industrial and agricultural purposes is insured at lower rates than motor vehicles. Abroad, insurance of non-standard vehicles (large trucks, powerful motorcycles, custom-made cars, etc.) is often separated into separate insurance programs with their own, usually higher, tariffs and insurance conditions. Exist two forms of compensation for car hull: natural (repair or replacement of a car with a new one) and monetary. In kind, the insurance company usually pays for the cost of transporting the vehicle from the scene of a traffic or other accident to the repair station and from the station to the address specified by the insured. Russian insurance companies make payments in cash on the basis of a vehicle inspection certificate, an estimate for restoration or repair, and documents received from the traffic police, traffic police and other competent authorities. The amount of damage is determined by an expert of the insurance organization, a car service or an independent expert (usually a forensic technical examination), but cannot be higher than the sum insured indicated in the contract. In motor transport insurance, along with casco insurance and third party liability insurance, passengers are offered accident insurance for the duration of the trip. 31. Marine transport insurance Modern marine insurance is basis of transport insurance, which covers areas of activity that go beyond maritime transport, providing coverage for the risks associated with the transport of goods not only by sea, but also by air and land. In Russia, marine insurance is regulated by Art. 334 of the Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ and the insurance law to the extent that it does not contradict international law. In marine insurance, risks that are subject to insurance protection and non-insurable risks are usually distinguished. The main criterion here is the uncertainty of the event. The random nature of the danger is complemented by the characteristic of the impact from the outside. The damage must not be caused by the natural properties of the goods. Otherwise, it is regarded by insurers as an unrecoverable defect and is not provided with insurance coverage. Maritime risks can be roughly divided into conventional and military risks. The former include risks arising from the fact of transportation, the latter - those lying outside the conditions of transportation. More detailed maritime risk classification can be represented as follows: 1) the risks of the sea itself - real classic maritime accidents - grounding, collision, natural disasters; 2) the risks of damage to the ship while at sea, primarily fire - the most dangerous, most frequent and extremely destructive disaster for both the cargo and the ship itself and the crew; 3) the risk of theft, robbery, robbery, piracy; 4) throwing cargo overboard in order to save the entire maritime enterprise; 5) other risks threatening the ship and cargo, with the exception of political and military risks; most of the other risks relate to the transportation of goods; 6) military and political risks - strikes, riots and civil unrest. The consequences of transportation risks are classified into general and particular accidents. General average losses incurred as a result of intentionally and reasonably made extraordinary expenses or donations for the sake of common security, in order to save from common danger the property participating in the common maritime enterprise - the ship, the freight and the cargo carried by the ship are recognized. General average shall be distributed among the ship, cargo and freight in proportion to their value at the time and place of termination of the common maritime undertaking. Losses that do not fall under the signs of a general average are recognized as a partial average. They are not subject to distribution between the ship, cargo and freight; they are borne by the one who suffered them, or the one who is responsible for causing them. 32. Insurance of air and rocket and space transport Aviation insurance is an insurance of the risks of an aviation enterprise, primarily aircraft, and product liability insurance in aviation. With a broader interpretation, aviation insurance can include insurance of the risks of industrial production of aircraft, their components and parts. Airline risk insurance includes: various types of property insurance (primarily hull insurance); civil liability insurance; crew insurance; insurance of risks associated with the presence of its own operation service, hangars for aircraft parking, etc. Among the types of property aviation insurance, the most important is aircraft hull insurance. Its subject is the loss or damage to the insured aircraft due to an accident on land, in water, in the air or during transportation. The insurance coverage does not include damages that are associated with military events, acts of terror, violence or sabotage, strikes, civil unrest, etc. Crew insurance offered in two forms: in case of loss of license; onboard personnel from accidents. The following cases are excluded from insurance coverage: 1) loss of professional fitness due to diseases of a nervous and mental nature, regardless of whether they are the result of an accident or long-term organic changes; 2) deliberate actions leading to occupational disability, including suicide attempts; 3) alcoholism or consumption of narcotic drugs and toxic substances; 4) committing or attempting to commit a crime; 5) participation in competitions. To protect against the risks associated with aircraft maintenance, there are the following types of insurance: mounting risks insurance; aircraft hull insurance in the workshop; fire insurance; product liability insurance. Carrier rocket and spacecraft insurance is a part of rocket and space risks insurance. As in aviation insurance, hull insurance of the launch vehicle and launch vehicle, insurance of the crew and passengers of the spacecraft and civil liability insurance of the state, the owner of the spacecraft and the launching organization for damage to third parties and the environment environment in case of an accident during launch or in flight. 33. Cargo insurance According to the nature of the goods transported, they differ: 1) general cargo insurance (general cargo - the term of foreign trade operations), including cargo packed in a standard, generally accepted container that does not require special transportation conditions; 2) insurance of liquid, bulk, bulk cargoes; 3) insurance of agricultural and other animals; 4) insurance of precious metals, bank notes, coins. The greatest damage to cargo occurs during transportation. In addition to the danger of impacts on the cargo and the impact on it of specific conditions, such as sea water during transportation by sea, atmospheric pressure during transportation by aircraft, loss and damage to cargo are typical for all modes of transport. The contract of carriage by sea is concluded in the form of a charter and in the form of a bill of lading, which are distinguished by the nature of the cargo being transported. Charter, or charter party, - contract for the carriage of goods by tramp ships. There are the following types of charters: time charter; demise charter; bareboat charter. Bill of lading - a document issued by the shipowner to the consignor as evidence of acceptance of the cargo for carriage by sea on ships of regular lines. The bill of lading performs the following functions: certifies the acceptance by the shipowner (carrier) of the cargo for transportation, is a document of title, indicates the conclusion of a contract for the carriage by sea, under which the carrier undertakes to deliver the cargo. For cargo there are types of damageare generally not insured. These damages include: 1) the original damaged condition of the cargo; 2) errors in the design, manufacture of the insured cargo; 3) shortage of cargo with intact outer packaging; 4) an error or deficiency (defect, marriage) of the usual packaging; 5) method of loading and unloading, which obviously leads to damage to the cargo. One of the general conditions of cargo insurance is franchiselimiting the liability of the insurer to the amount of the indemnified loss. It allows you to exclude minor losses from the liability of the insurer, which are almost inevitable when transporting certain goods. An essential factor in bringing claims against the carrier is the limitation of the carrier's liability, beyond which he is not liable for any form of his fault. According to the rules of cargo insurance generally accepted in international practice, the risk of damage due to natural disasters is automatically covered. In addition, for an additional insurance premium, the insurance policy may cover some other risks. 34. Agricultural insurance Agricultural insurance includes the following types of insurance: 1) agricultural crops (except hayfields); 2) crops of agricultural crops; 3) farm animals, poultry, rabbits, fur-bearing animals and families of bees; 4) buildings, structures, transmission devices, power, working and other machines, vehicles, equipment, fishing vessels, fishing gear, inventory, products, raw materials, materials, perennial plantations. insurance events for agricultural crops are their death or damage as a result of drought, lack of heat, excessive moisture, soaking, overheating, freezing, freezing, hail, downpour, storm, hurricane, flood, mudflow, lack of water or lack of water in irrigation sources and as a result of other unusual for a given area meteorological or other natural conditions. The risks of death from diseases, plant pests and fire are taken into account. With crop insurance objects of insurance are not only the material interests of the producer of agricultural products in the preservation of crops as property, but also his material interests in obtaining income from the sale of the future harvest, as well as a decrease (shortage) of the crop relative to the average long-term level. Therefore, crop insurance should also be considered as business risk insurance. The risks of non-receipt of income are assessed on the basis of the shortfall in the actual harvest relative to the average multi-year level. insurance events for agricultural property are its death or damage as a result of natural disasters, the action of subsoil waters, lightning strikes, subsidence of soil, fire, explosion and accidents, and perennial plantations - in case of their death as a result of the disasters listed above, as well as drought, frost, diseases and plant pests. insurance risk there is also a sudden threat to property, as a result of which it is necessary to dismantle it and move it to a new location. For fishing, transport and other vessels and fishing gear in operation, the insured events include the death or damage to them as a result of a storm, hurricane, storm, fog, flood, fire, lightning strike, explosion, accident, ice damage, as well as loss missing or running ships aground due to natural disasters. Loss amount in case of death or damage to agricultural crops, it is determined based on the cost of crop shortfall on the entire area of sowing, calculated by the difference between the cost of a crop per 1 hectare on average over the past five years and this year at current purchase prices. In Russia, future crop insurance is voluntary, but the state subsidizes it. 35. Purpose and main types of liability insurance Civil liability - a method of coercive influence on the violator of civil rights by applying sanctions of a property nature aimed at restoring the property status of the victim. It occurs as a result of violation of the property and personal non-property rights of citizens and organizations (illegal possession, breach of contract, unintentional harm, etc.), as well as the state, for example, when causing harm to the environment. This type of liability entails only property measures against the perpetrator, and its main goal is compensation for harm or damage caused to the victim. Distinguish non-contractual (tort) liability, i.e. a tort entails an obligation to compensate for the damage caused, and negotiable civil liability. Liability insurance is closely related to property insurance, since most types of liability relate to the use of property, therefore, in the Civil Code of the Russian Federation in paragraph 2 of Art. 929 states that under a property insurance contract, in particular, such property interests as the risk of loss (destruction), shortage or damage to certain property and the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability. In order to bring a claim for civil liability, it is necessary to have damage, as well as guilt or wrongful act (omission) of the offender. If it is established that the unlawful act was committed in violation of the Criminal Code, then the tortfeasor, in addition to civil liability, will also bear criminal liability. At the same time, civil liability insurance does not relieve the tortfeasor from criminal liability. In accordance with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", the following are distinguished types of civil liability insurance: 1) owners of motor vehicles; 2) owners of air transport means; 3) owners of water transport facilities; 4) owners of railway transport means; 5) organizations operating hazardous facilities; 6) for causing harm due to defects in goods, works, services; 7) for causing harm to third parties; 8) for non-fulfillment or improper fulfillment of obligations under the contract. 36. Civil liability insurance of vehicle owners Third party liability insurance for vehicle owners includes: liability insurance for causing harm to third parties during the operation of the vehicle (this is primarily motor third party liability insurance) and carrier liability insurance. Third party liability insurance for vehicle owners is mandatory in many countries around the world. His the object are property interests related to compensation by the insured for harm to life, health and damage to property of third parties that may be caused during the operation of the means of transport. Carrier civil liability insurance is a specific type of liability insurance for owners of vehicles involved in transportation. The carrier may have contractual and non-contractual liability. Contractual liability arises as a result of non-fulfillment of the contract of carriage or violation of customs legislation, non-contractual liability - in cases of damage to the cargo, passengers or unauthorized persons. Along with the compensation for the established damage, the carrier returns the carriage fee if it is not included in the cost of the goods. Carrier's liability insurance means risk protection insurancerelated to the fulfillment of obligations to customers. This is a separate type of insurance, along with cargo insurance, which primarily protects the interests of the cargo owner and passengers, but not the carrier. Insurance conditions The liability of the carrier usually provides for the release of the insurer from the obligation to make an insurance payment if the losses caused to third parties were caused by the fault of the carrier or force majeure circumstances provided for by the Civil Code of the Russian Federation. Carrier liability starts from the moment of acceptance of the cargo for transportation (boarding of passengers) and continues until the moment of delivery. For example, in air transportation, airline third-party liability insurance for domestic flights has become mandatory in Russia since 1995. When insuring the civil liability of an air carrier, the object of insurance is the property interests of the insured associated with his obligation to reimburse all amounts that the insured by virtue of law or by decision of the court must pay in compensation for harm in connection with causing bodily injury to third parties or damage to their property arising from an insured event caused by an aircraft or any person or object falling from it. 37. Civil liability insurance of organizations operating hazardous facilities Liability insurance for enterprises operating hazardous technological facilities (cranes, elevators, metallurgical furnaces, pressure boilers, etc.) is carried out in accordance with the Federal Law "On Industrial Safety of Hazardous Production Facilities" in a mandatory form for enterprises according to the standard Insurance Rules developed by Gosgortekhnad -zor of Russia. Conclusion of an insurance contract is one of the operating conditions of a hazardous production facility. The Federal Law "On Production Sharing Agreements" dated December 30, 1995 provides for investor obligationengaged in the extraction of minerals in the territory of Russia, to insure its civil liability for the risks of causing damage to the natural environment in case of equipment failures. The Law of the Russian Federation "On the safety of hydraulic structures" dated July 21, 1997 introduced compulsory insurance of civil liability for causing harm to unauthorized persons and their property in case of accidents at hydraulic structures (dams, dams, etc.). The amount of probable damage caused to third parties in the event of an accident of the GTS is determined in accordance with the Rules approved by the Decree of the Government of the Russian Federation of December 18, 2001 No. When assessing the probable harm caused to the life and health of individuals, the costs of burying the dead, the costs of compensating for the loss of a breadwinner to the families of the dead and other costs that are provided for by law and may be recovered by the court from the owner of the hazardous facility or the person responsible for the accident are predicted. Civil liability of other enterprises and organizations for environmental damage (environmental insurance) is insured on a voluntary basis. Particular attention in the world practice is paid to liability insurance for the transportation of dangerous goods. In accordance with the Federal Law "On the Use of Atomic Energy", the responsibility of the organization operating a nuclear installation is established. This is civil liability for losses caused to individuals and legal entities by radiation exposure, for harm to the life and health of citizens caused by radiation exposure. Insurance coverage of nuclear risks according to the Vienna Convention, along with death, personal injury and damage to property, includes economic losses from damage to health and property, costs of measures to restore the environment, loss of income received from the use or use of the natural environment as a result of its significant deterioration, and costs of measures, designed to reduce losses after an accident. 38. Personal liability insurance Personal liability insurance - this is civil liability insurance of the head of the family or private, family and sports liability insurance of citizens. Almost all events that can occur in the sphere of private life fall under this agreement: during leisure time, when shopping, when visiting public places, on private trips. The liability of owners of automobile, water and air transport, which is insured under separate agreements, is also excluded. Civil liability insurance of the head of the family insures not only the head himself, but also all members of his family, namely: spouse; minor unmarried children, as well as adult unmarried children who attend secondary school or study at a vocational school; persons employed in the household (maid, cleaner, governess, etc.). Liability insurance for the owner of animals (dogs, horses) is carried out in case of harm to unauthorized persons by dogs and horses. Homeowner's liability insurance against harm to strangers due to deficiencies in building maintenance, lighting, cleanliness of the surrounding area, snow removal on the sidewalk and pavement. Water pollution liability insurance. This policy insures the risk of damage caused by pollution of running and ground water (for example, damage due to contamination of underground drinking water with oil or gasoline spilled on the ground and seeping into). Naturally, under this policy, the insurance premium of the owner of the storage for gasoline will be higher than for other persons who do not have it. Construction liability insurance protects the customer from liability for an accident that occurs on the construction site. For example, when he leads his guest through the construction site, he is responsible for the safety of the latter. Insurance fee calculated based on the cost of construction. The responsibility of the insurer extends to the land plot. Liability insurance for owners of ships, private motor or sailing boats, as well as persons operating and servicing them, is carried out in case of harm to strangers when using ships. Liability insurance for hunters is mandatory in almost all Western countries. Liability is insured for the possession and use of weapons and ammunition during and outside of hunting, as well as for hunting dogs, including liability for them outside of hunting. 39. Professional liability insurance Professional liability insurance carried out in case of any omissions, oversights, negligence. In accordance with the Fundamentals of the Legislation of the Russian Federation on Notaries, compulsory insurance of professional liability of notaries is carried out. The object of insurance is the property interests of a notary in connection with the obligation to compensate for damage caused to third parties during notarization of transactions. Liability insurance of realtors when selling property is carried out on a voluntary basis. To insured events for this type of insurance include: unintentional error in the transaction; unintentional disclosure of confidential information, except when information is provided to the court, tax inspectorate and other competent authorities upon their request; unintentionally providing false information about real estate transactions, etc. Doctors' professional liability insurance is also provided on a voluntary basis. Insured event the fact of causing harm that was caused due to the following reasons is recognized: 1) provision of services (assistance) of inadequate quality; 2) violations in the work of medical institutions that damage the health of patients (clients), resulting in diseases (injuries, burns) and complications that arose during the stay in a medical institution due to the fault of medical workers, requiring the provision of additional medical services; 3) premature termination of treatment, which led to a deterioration in the patient's condition, the development of complications, and worsening of the course of the disease. Liability insurance in labor relations arose as one of the forms of protection of the employer from the claims of employees. The liability of the employer for the damage caused to the employee occurs in cases where the employee receives an injury, occupational disease or other damage to health related to the performance of his job duties, as well as in some other cases (illegal dismissal, etc.). Compensation for harm consists in the payment by the employer to the victim of amounts in the amount of lost earnings. Civil liability insurance for damage caused by defects in goods, works, services arose initially as a result of the movement to protect consumer rights. Also must insure professional responsibility: professional appraisers of real estate and other property; arbitration managers; Customs Broker; a specialized depository is also required to have insurance coverage. 40. Contractual liability insurance In accordance with Art. 932 of the Civil Code of the Russian Federation, insurance of the risk of liability for breach of contract is allowed in cases provided for by law. Under an insurance contract for the risk of liability for breach of contract, only the risk of liability of the insured itself can be insured. An insurance contract that does not comply with this requirement is void. The risk of liability for violation of the contract is considered to be insured in favor of the party to whom, under the terms of this contract, the insured must be properly liable, i.e. the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it is concluded. A practical example of such insurance is insurance during statutory audit. According to Art. 13 of the Federal Law "On Auditing Activities" dated August 7, 2001 No. 119-FZ, when conducting a mandatory audit, an audit organization is obliged to insure the risk of liability for breach of contract. The Audit Law has radically changed the approach to insurance when conducting an audit. Prior to the entry into force of the Law on Auditing, the provision on insurance of the risk of liability for violation of the contract for the provision of audit services was not provided for by the current legislation at all, and Russian audit organizations, as a rule, insured professional liability. Wherein object of insurance were the property interests of the audit organization related to the latter's obligation, in accordance with the procedure established by law, to compensate for the damage caused to the audited entities. Audit activity (audit) is an entrepreneurial activity for independent verification of accounting and financial (accounting) statements of organizations and individual entrepreneurs. The purpose of the audit is an expression of opinion on the reliability of the financial (accounting) statements of the audited entities and the compliance of the accounting procedure with the legislation of the Russian Federation. Auditing organizations and individual auditors are prohibited from engaging in any other business activities, except for conducting an audit and providing related services. The Law "On Auditing Activity" does not define the extent of auditors' liability, therefore, when insuring, it is determined by agreement of the parties. Insured risks, as well as exclusions from insurance coverage, are formed on the basis of the obligations of the auditor provided for by the Law by analogy, for example, with liability insurance of arbitration managers. This is imputed (for auditors) insurance. 41. Nature and analysis of entrepreneurial risks Under entrepreneurial risk refers to the risk that arises in any type of business activity related to the production of products, goods and services, their sale, commodity-money and financial transactions, commerce, as well as the implementation of scientific and technical projects. Entrepreneurial risk is objective basis due to the uncertainty of the external environment in relation to entrepreneurial activity. Uncertainty and risk in entrepreneurial activity play a very important role, containing a contradiction between the planned result of entrepreneurial activity and actually achieved, in essence, this is one of the sources of development of this activity. Entrepreneurial risks have a common feature that distinguishes them from the general concept of "risk" - this is subjectivity, reflecting the impact on the degree of risk of the entrepreneur's personal human qualities. Therefore, when insuring entrepreneurial risks, the main thing is to separate the objective risk factors from the subjective, speculative ones, which depend on the personality of the entrepreneur. Specific types of insurance entrepreneurial risks are insurance of financial and banking risks, as well as insurance of risks of foreign trade operations. In general, business risk insurance is complex, including all branches of insurance. According to the sphere of occurrence, entrepreneurial risks can be divided into external and internal. The source of external risks is the environment external to the entrepreneur. The source of internal risks is the entrepreneurial activity itself. These risks arise from inefficient management, erroneous marketing policies, and internal abuses. From the point of view of duration in time, entrepreneurial risks can be divided into short-term and permanent ones. В depending on the level the risk can be: acceptable when there is a threat of a complete loss of profit from the implementation of the planned project; critical, when losses are possible not only of the expected profit, but also of income and the occurrence of losses; catastrophic, when losses of capital, property and bankruptcy of the entrepreneur are possible. Depending on the nature of the consequences, two large groups of risks are distinguished: statistical (simple, or pure) and dynamic (speculative). Feature of statistical risks is that they almost always mean a loss to business. Dynamic risks carry the possibility of obtaining losses or profits, which is why they are called speculative. 42. General principles of business risk insurance Under business risk insurance refers to insurance of risks of losses, additional expenses and non-receipt of expected income from entrepreneurial activities due to breach of obligations by counterparties and (or) changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur. Object of insurance are the material interests of the insured associated with the implementation of entrepreneurial activities for profit. Sum insured under business risk insurance contracts, they are usually set within the limits of financial investments in entrepreneurial activity, and tariffs depend on the type of this activity and can reach 15-20% of the sum insured. Varieties of business risk insurance are subdivided depending on the stages of the circulation of funds in the process of commodity production: 1) money associated with capital investments - insurance of investments and financial guarantees; 2) production related to the creation of new products - insurance of various property and personal insurance of personnel, civil liability insurance, insurance of losses from interruptions in production; 3) commodity, expressed in the sale of finished products and payment for them - insurance of liability under contracts, including for low-quality products, risks of non-payment on export, commodity credits. In addition to the listed risks, the liability risks of the enterprise's management to its owners associated with possible errors in decision-making that caused damage to the owners are insured. In accordance with Art. 933 of the Civil Code of the Russian Federation, under a business risk insurance contract, only the business risk of the insured himself and only in his favor can be insured. Acquisition of insurance coverage from the standpoint of macroeconomics is more cost-effective: the division of labor and specialization help to reduce total costs. However, at the level of an entrepreneur (microeconomics), the benefits of acquiring the services of insurance companies are far from always obvious. Currently developed complex insurance protection of the enterprise, including insurance protection of the social sphere (personal insurance), insurance protection of property and financial risks (property insurance), insurance protection of liability (liability insurance). An integrated approach allows minimizing tariff rates for each type of insurance. In this case, the insurer carries out systematic insurance protection against various risks of one enterprise, in connection with which the costs of insurance are reduced. 43. Insurance of financial risks Financial risk insurance represents a set of types of insurance that provide for the obligation of the insurer to pay compensation in the amount of full or partial loss of income, as well as additional expenses of the person on whose insurance the contract is concluded, caused, for example, by the following circumstances: stoppage of production or reduction in production as a result of specified events; job loss (for individuals); bankruptcy; Unexpected expenses; legal costs incurred by the insured person. To protect against currency risks, stipulations about fixed exchange rates on a certain date, such as hedging, are usually used. Credit risk associated with the possibility of non-fulfillment by the entrepreneurial firm of its financial obligations to the investor in the course of using the loan. To protect against such a risk, delcrede insurance is used - commercial loans, loans for means of production and consumer goods, export loans. Subject of insurance Delcrede is a receivable arising from a supplier (seller) in connection with the supply of goods or services. Insured event under del crede insurance occurs when: 1) opening bankruptcy proceedings or its rejection due to lack of bankruptcy estate; 2) judicial or out-of-court proceedings to prevent commercial insolvency; 3) the uselessness or impossibility of enforcement of decisions on payment for goods and services. When insuring delcrede, insurers monitor the intended use of commodity and cash loans, which contributes to their return, and provide consulting services to creditors. For credit insurance, tariffs are usually calculated individually for each insurance transaction. Investments in specific projects (real investments) can be protected by insurance in case of bankruptcy of the counterparty and the related legal costs of the investor or del crede insurance. You can also use financial guarantee insurance, which is a special type of guarantee. In domestic practice, the guarantees of insurers are used to protect the risks of entrepreneurs in customs operations. Financial risks also include the risks of losses associated with the stoppage or interruption of the production process. Business interruption insurance has been developed to protect against these risks. A business interruption insurance contract (as a financial risk) allows you to compensate for indirect losses in cases where a classic property insurance contract does not provide for this. 44. Insurance in banking In foreign practice, insurance of banking risks is allocated to the general package of insurance coverage for banks. Traditional banking package includes insurance for the following risks: 1) losses arising from excessive trust; 2) damage due to non-fulfillment of their obligations by borrowers; 3) loss and damage of valuables located in the premises of the bank; 4) loss of cash and other valuables during collection and transportation; 5) losses caused by the loss, theft or forgery of securities; 6) losses incurred in connection with the acceptance of counterfeit currency; 7) damages caused to the bank's property by natural disasters, accidents and illegal actions of third parties. Subject of insurance losses arising from excessive trust are the risks of embezzlement, fraud and theft by bank employees, presentation of fake documents and banknotes, including by third parties, etc. This type of insurance is becoming more and more relevant and popular in all countries in connection with the development of cross-border financial transactions, the improvement of copying equipment, the use of plastic cards and electronic signatures. Insurance of collected and transported funds is quite developed in Russia, while money is considered as an ordinary material object, and theft and loss as a result of random circumstances are accepted as insured risks. Tariffs for this type of insurance are 0,005-0,01% of the sum insured. In Russian practice, when issuing loans, banks usually require the borrower to insure the collateral transferred to the bank to secure the loan, or they themselves act as its insurers. Collateral insurance is provided for in Art. 343 of the Civil Code of the Russian Federation for an amount not lower than the loan secured by collateral (not higher than its actual value). Equipment leased by banks is also subject to insurance. As collateral, a borrower's life insurance contract for the amount of the loan issued in favor of the bank and for the loan repayment period can be accepted. In these cases, property insurance or life insurance is carried out under the usual conditions for these types of insurance. When insuring the life of the borrower, a reduction in the insurance amount may be provided for as the loan is repaid. In addition, banks can insure personal or rented safes of clients, ATMs, their liability to clients when performing cash transactions. An important condition for the attractiveness of commercial banks can be an insurance guarantee for the safety of the client's funds. 45. Legal regulation of insurance of deposits of individuals in banks of the Russian Federation Deposit Insurance should be considered as a kind of compulsory insurance aimed at protecting the savings of the population placed in the banking sector. From the point of view of the depositor - the beneficiary - for this type of insurance, the mechanism of deposit insurance is as follows. If a bank goes out of business and its banking license is revoked, the state-created insurer, which is the Deposit Insurance Agency, pays its depositors fixed sums of money. Under the legal regulation of insurance of deposits of individuals fall relations on the creation and functioning of the deposit insurance system, the formation and use of its monetary fund, the payment of compensation on deposits in the event of insured events, as well as relations arising in connection with the implementation of state control over the functioning of the deposit insurance system, and other relations arising in this area. Basic Principles deposit insurance systems are: 1) mandatory participation of banks in the deposit insurance system; 2) reducing the risks of adverse consequences for depositors in case of default by banks of their obligations; 3) transparency of the operation of the deposit insurance system; 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. Under contribution The Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" means funds in the currency of the Russian Federation or foreign currency placed by individuals in a bank in the territory of the Russian Federation on the basis of a bank deposit agreement or a bank account agreement, including capitalized (accrued) interest on the deposit amount. These deposits are insured. But in accordance with Part 2 of Art. 5 of the above Law, 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. Deposit insurance is carried out by virtue of the said Law and does not require the conclusion of an insurance contract. 46. Insurance of risks of foreign economic activity Federal Law of October 13, 1995 No. 157-FZ "On State Regulation of Foreign Trade Activities" were laid foundations of public policy in the field of foreign trade support: 1) participation of the executive branch in activities to promote the development of foreign trade activities, including the financing of the guarantee system and insurance of export credits; 2) participation of the state in the export credit insurance system; 3) insurance on a voluntary basis against commercial risks in foreign trade activities under insurance contracts with Russian or foreign insurers. Since the state was not able to provide insurance support for foreign trade activities in general, commercial insurance organizations began to deal with the most attractive sectors of the foreign trade operations insurance market. The leader in the field of commercial insurance of foreign trade transactions is Ingosstrakh Insurance Company, which provides export credit insurance services in Russia in cooperation with such leading global insurance companies specializing in credit and political risks, such as SKOR, Unistrat Assurance, " Saint Paul, Lloyd's Association, etc. Commercial risksaccepted by insurance organizations for insurance of export credits, include: 1) insolvency and bankruptcy; 2) long delay or refusal to pay; 3) failure to return the advance payment in case of non-delivery due to insolvency (bankruptcy); 4) a long delay in the return of the advance payment in case of non-delivery of paid goods. Of political risks for insurance The following are accepted: 1) actions of the state authorities of the buyer's country or circumstances leading to the buyer's default on obligations; 2) hostilities, civil unrest and unrest; 3) non-convertibility of the currency of the buyer's country; 4) wrongful withdrawal of a guarantee under the contract, non-renewal or withdrawal of a license from the buyer; 5) embargo, impossibility or delays in foreign exchange settlements, moratorium on payments; 6) deprivation of property rights (confiscation, nationalization, expropriation), etc. The main features of the insurance policy are that insurance coverage is 80-95% depending on the type of risk, additional risk management services and additional security are provided when organizing post-shipment financing, and proportional reimbursement of expenses is made when collecting debts. 47. Basic concepts and methods of reinsurance According to Art. 12 of the Law "On the organization of insurance business in the Russian Federation" co-insurance - this is the insurance of the same object by several insurers under one insurance contract. Co-insurance is fundamentally different from double insurance, since the terms of the contracts and the methods of distribution of liability are known and agreed upon by all co-insurers. Reinsurance can be considered as a kind of insurance or, in other words, as the insurance of insurers. But it must be borne in mind that reinsurance is a specific type of insurance. This specificity is due to the fact that the parties to the reinsurance contract are not the insured and the insurer, but professional insurers. Hence the increased role of business customs in the regulation of reinsurance relations. In addition, during reinsurance, no new insurance reserves are created, and the reserves already created by the first are redistributed between the reinsurer and the reinsurer. In reinsurance, cession is the secondary placement of risk or the process of transferring risk (part or all) from the first insurer, called the assignor, to the second insurer, called the reinsurer, or cessionaire. Reinsurance has an important legal feature. Responsibility for the insurance risk to the policyholder is fully borne by the first insurer, despite the fact that the contract is reinsured. Risk reinsurance can be multiple. Further transfer of risk to reinsurance is called retrocession. According to Article 13 of the Law "On the organization of insurance business in the Russian Federation" reinsurance - activities for the protection by one insurer (reinsurer) of the property interests of another insurer (reinsurer) associated with the obligations of insurance payment accepted by the latter under the insurance contract (main contract). 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. Insurers licensed to carry out life insurance are not entitled to reinsure property insurance risks assumed by insurers. According to the "Conditions for Licensing Insurance Activities in the Territory of the Russian Federation", approved by Order of Insurance Supervision No. 19-1994/02 dated May 02, 08, the amount of insurance liability accepted by the insurer for a single risk should not exceed 10% of the insurer's own funds. This amount is commonly referred to as the insurer's own deduction. 48. Facultative and obligatory reinsurance Under facultative reinsurance understand the solution in each individual case. The essence of this method is that the first transfer insurance company - the assignor does not have any long-term contractual obligations to reinsure risks to the reinsurer. In turn, the reinsurer (cessionaire) also has no obligation to accept risks in reinsurance before the assignor. Direct insurer offer on facultative reinsurance must contain all material information about the risk. It is set out in a document called a slip. Typically, a reinsurance slip contains the following information: the name and address of the insured, the type of reinsurance, the object of insurance, the amount of insurance coverage, the sum insured and the premium, the deductible, the insurer's own retention, the reinsurer's share, the reinsurance commission, the procedure for interaction between the parties to the contract. Facultative reinsurance allows a small company to take on insurance risks that exceed its financial capabilities, but at the same time, facultative reinsurance is a lengthy process of making a decision on risk reinsurance. Essence contractual (mandatory or obligatory) reinsurance consists in the fact that a long-term reinsurance contract is concluded between the participants in a reinsurance relationship, according to which the insurer-assignor is obliged to transfer, and the reinsurers are obliged to accept all those reinsurance risks, the nature and amount of which are precisely determined by the terms of this reinsurance contract. The contract of obligatory reinsurance provides for the obligations of the parties to transfer and accept for reinsurance risks of a certain quality and a certain volume. In this case, neither party has the right to refuse these obligations. Information about the risks accepted for reinsurance, the reinsurer receives from a special document - bordereau, which is usually prepared by the reinsurer on a quarterly basis. The bordereau contains information about policyholders, the nature of risks, the share transferred to reinsurance, the terms of insurance, sums insured and premiums, etc. Obligatory reinsurance requires trust between the parties to the contract. As such trust builds, the parties may waive the bordereau. As a result, the reinsurer may not even know the exact composition of the risks taken. He only receives from the reinsurer accounts of premiums due and accounts of losses payable. In this case, the ceding insurer bears even greater responsibility for the integrity and protection of the interests of the reinsurer. 49. Proportional and non-proportional reinsurance Proportional reinsurance means that the liability and insurance premium are divided between the reinsurer and the reinsurer in proportion to their shares. Its essence lies in the fact that the reinsurer shares the risk of the assignor, i.e., that the share of the reinsurer in covering the risk, in receiving premiums and paying compensations is determined on the basis of the assignor's own retention agreed in advance. There are two main types of proportional reinsurance: quota and excess amounts. RџSЂRё quota reinsurance the assignor's own retention and the reinsurer's share are defined as a fixed percentage, regardless of the size of the sum insured under a specific contract. Reinsurance based on the excess of amounts allows you to set your own withholding of the assignor in absolute value, the amount of which depends on the financial capacity and underwriting policy of the insurer. Reinsurance transfers the risk that exceeds the assignor's own retention, but falls within the limit of the contract. The surplus is understood as the part of the insured risk that exceeds the assignor's own retention. An alternative to proportional reinsurance is disproportionate reinsurance. Its essence lies in the fact that only losses are divided between the assignor and the reinsurer, depending on their size. Non-proportional reinsurance is usually divided into two main types: 1) reinsurance based on excess of loss; 2) reinsurance based on the excess of unprofitability. In case of reinsurance on the basis of excess of loss, the reinsurer pays a part of the loss (excess) that exceeds the amount of loss paid by the reinsurer (priority). The excess of loss can be classified by type of coverage as follows: on the basis of each individual risk (risk, or working, excess of loss) or on the basis of the cumulation of losses as a result of a single event (catastrophic excess of loss). At the same time, there is the potential for disrupting the financial stability of an insurance company as a result of an unforeseen increase in losses. To protect against such a risk, reinsurance based on the excess of unprofitability can be used. In this case, the reinsurers pay for losses that exceed the percentage or amount of the transfer company's net income agreed by the parties. Goal such reinsurance - providing the cedant with coverage against fluctuations in the unprofitability of the entire insurance portfolio or its separate part. 50. Financial reinsurance Along with reinsurance, an alternative form arose and has been developing for almost half a century - financial reinsurance. Currently, the turnover in the field of financial reinsurance reaches 20-25% of the annual turnover of the global reinsurance market. Financial reinsurance - this is the relationship between the insurer and the reinsurer associated with the redistribution of both insurance and financial risks inherent in insurance activities on a long-term basis (more than one year). Financial reinsurance necessarily includes elements of ordinary reinsurance protection, but its main purpose, as a rule, goes beyond this institution - it is used mainly for the purpose of lending or investment support by the reinsurer to the insurer in order to increase its financial stability and solvency in the long term, to create conditions for increasing the size of the insurance company's own retention, to promote the restructuring of its portfolio or to solve the problems of optimizing the financial result of its activities and financial statements for a certain period. For financial reinsurance, limitation of the reinsurer's risk, importance is attached to investment income and duration of the term - this mainly applies to multi-year contracts. In financial reinsurance, a special contractual mechanism is used that allows the reinsurer to receive back the premium paid to the reinsurer, minus the amount of the latter's remuneration, and the reinsurer, if necessary, on the contrary, to receive compensation from the reinsurer for his actual financing in excess of the premium amount, taking into account the reinsurer's margin. The difference between a traditional reinsurance contract and a financial reinsurance transaction is very vague. Separate contracts related to the field of financial reinsurance, in fact, are conventional reinsurance contracts modernized in a certain way, in which their financial component is strengthened, i.e. risk limitation is introduced through participation in loss and investment income. It should be emphasized that individual elements of alternative reinsurance are quite often present in the usual reinsurance contracts for our country. Feature of financial reinsurance is that cash flows are not equivalent to the risk transferred to reinsurance, but usually significantly exceed the volume of obligations that the parties would incur in a normal reinsurance relationship. 51. Regulation of reinsurance operations At present, the question of the reliability of reinsurance operations and the assessment of the solvency of reinsurers is becoming increasingly relevant. The main difficulty in solving it is that the boundaries of the reinsurance market are much wider than national legislation, since reinsurers from different countries can participate in one reinsurance contract, each of which has its own national characteristics in the insurance legislation on the solvency of insurers. The following main systems of control over the financial stability of reinsurance can be distinguished. "English system", in which control over the financial stability of the reinsurer is ensured according to the same indicators as for the direct insurer. When calculating the amount of technical reserves, the net insurance premium calculated minus the premium transferred to reinsurance is used as a base indicator. "German system", in which special control over the financial stability of the reinsurer is not carried out. Financial control is focused on ensuring the solvency of the direct insurer. When determining the amount of technical reserves, the indicator of net insurance premium is also used, however, the functions of insurance supervision include control over whether the reinsurer is financially stable and ready to fulfill its obligations, as well as control over the conditions of reinsurance. The insurance supervision has the authority to replace the direct insurer if necessary. "French system" provides for the focus of financial control solely on ensuring the solvency of the direct insurer. When determining the amount of insurance reserves, the gross premium indicator is used, minus the costs of doing business, including that part of it that is transferred to reinsurance. There is practically no domestic legislation on regulating the financial stability of reinsurers, with the exception of Art. 967 of the Civil Code of the Russian Federation and chapter 3 of the Law "On the organization of insurance business in the Russian Federation". In a number of countries, in particular in Germany, reinsurance operations are regulated in accordance with business practices: the reinsurer undertakes to pay to the reinsurer the appropriate share of the insurance indemnity within the limits of the assumed liability within the agreed time after receiving from the reinsurer an account of the loss (claims or letters demanding to pay his share in the insurance indemnity), as well as copies of documents, the list of which is usually agreed upon by the parties upon conclusion of an agreement. 52. Associations, unions and pools of insurers Associations of insurers are created on a voluntary basis to coordinate their activities, protect the interests of their members and implement joint programs. These associations, unions, associations are not entitled to directly engage in insurance activities. As the scale of the insurance market increases, the possibilities for ensuring the rules of civilized behavior of its participants by means of state regulation are narrowing. There is a need to transfer part of the control functions to the level of self-regulatory organizations (associations). Therefore, in most countries there are self-regulatory organizations of insurers, which, with one sideprotect the interests of insurance market participants, and other - establish and control certain rules and principles of behavior. These include national and regional associations (unions) of insurers. Associations of insurers in Russia operate on the basis of Art. 14 and 14.1 of the Law "On the organization of insurance business in the Russian Federation". In accordance with Art. 14 subjects of insurance business in order to coordinate their activities, represent and protect the common interests of their members may form unions, associations and other associations. Information about the association of subjects of insurance business shall be entered into the register of associations of subjects of insurance business on the basis of copies of certificates of state registration of such associations and their constituent documents submitted to the insurance supervision body. In Russia, insurance associations are formed mainly on a territorial basis, for example, the Big Volga Association, the Ural-Siberian Agreement, etc. The largest association is the All-Russian Union of Insurers, which in the future may become a self-regulatory organization. According to Art. 14.1 On the basis of a simple partnership agreement (agreement on joint activities), insurers may act jointly without forming a legal entity in order to ensure the financial stability of insurance operations for certain types of insurance (insurance and reinsurance pools). A special form of association of insurers is insurance poolcreated to ensure the financial stability of insurance operations on the terms of joint and several liability of its participants for the fulfillment of obligations under insurance contracts. It is a form of temporary association of independent companies to solve certain special problems and is created on the basis of a voluntary agreement between the participants, who assume joint obligations on the subject of the agreement. 53. Subjects of the insurance business In accordance with Art. 4.1 of the Law "On the organization of insurance business in the Russian Federation" participants in insurance relations are: policyholders, insured persons, beneficiaries; insurance organizations; mutual insurance companies; insurance agents; insurance brokers; insurance actuaries; federal agency of insurance supervision. Insurance organizations, mutual insurance companies, insurance brokers and insurance actuaries are the subjects of the insurance business. Activities of subjects of the insurance business are subject to licensing, except for the activities of insurance actuaries, who are subject to attestation. insurance agents - citizens acting on the basis of a civil law contract with the insurer, or legal entities (commercial organizations) representing the insurer on his behalf in relations with the insured. An insurance agent sells insurance services, collects insurance premiums, draws up insurance documentation and, in some cases, provides additional services to policyholders. The main function of an insurance agent is the sale of insurance services. insurance brokers - citizens registered as individual entrepreneurs or legal entities (commercial organizations) representing the insured on his behalf in relations with the insurer or carrying out intermediary activities on their own behalf to provide services related to the conclusion of insurance contracts or reinsurance contracts (Article 8 of the Law "On the organization of insurance business in the Russian Federation"). insurance actuaries - citizens of the Russian Federation who have a qualification certificate and act on the basis of an employment or civil law contract with an insurer. They calculate insurance rates, insurance reserves of the insurer, evaluate its investment projects using actuarial calculations. Based on the results of each financial year, insurers are required to conduct an actuarial assessment of the accepted insurance liabilities (insurance reserves), and reflect the results in a conclusion submitted to the insurance supervision. Also involved in the insurance business: surveyors - representatives of the insurer who inspect and evaluate the property accepted for insurance; underwriters - specialists authorized by the insurer (reinsurer) to accept for insurance (reinsurance) or reject the proposed objects and risks and are responsible for the formation of the insurance (reinsurance) portfolio; adjusters - specialists in loss assessment in case of an insured event; other experts and specialists. 54. Types, structure and principles of activity of an insurance company Insurance companies are divided into: 1) by form of ownership (affiliation) - private and public law, joint-stock (corporate), mutual, state; 2) by the nature of the operations performed - specialized (life insurance, medical and other types of insurance), universal and reinsurance (the new version of the Law on Insurance restricts the activities of universal insurers); 3) by service area - local, regional, national and international (transnational); 4) by the size of the authorized capital and the volume of receipts of insurance payments - large, medium and small. An insurance company usually consists of a head office (management) and divisions of various levels of independence and operations, including subsidiaries (bureaucratic and matrix structures). The representative office of an insurance company is usually engaged in advertising, representative functions, search for policyholders and execution of insurance contracts within the framework of the authority granted by the directorate. The agency of the insurance company is allowed to perform all the functions of representation and certain insurance operations - the conclusion and maintenance of insurance contracts. Branch of the insurance company is a separate subdivision of the insurer without the right of a legal entity. Subsidiary (dependent) companies are formally independent legal entities, but their activities are strictly regulated by the parent company. Mutual Insurance Society - a form of organization of the insurance fund based on the centralization of funds through the share participation of its members. A member of a mutual insurance company simultaneously acts as an insurer and an insured. Government insurance organizations - non-profit companies whose activities are based on subsidies. Captive - an insurance company serving entirely or mainly the corporate insurance interests of the founders, as well as independent economic entities that are part of the structure of corporations, holdings and financial and industrial groups. Non-state pension fund - a special form of non-profit organization that guarantees annuity payments to policyholders when they reach a certain (usually retirement) age and is managed by a special company. Operating principles: social responsibility; ethical leadership, or ethics; delegation of functional powers of management in the team. 55. Insurance business processes The entire insurance procedure can be represented as consisting of separate components, or business processes: marketing, development of insurance services, sales, underwriting, contract support, claims settlement. 1. Marketing is - activities aimed at meeting needs and requirements through exchange. insurance product - a set of basic (insurance) and ancillary services provided by the insurance company for a certain fee to the client in order to meet his needs, functionally represents a variation of the insurance rules (one or more) by fully or partially specifying all or some entities. 2. Formation of insurance services includes: simple (insurance products); complex (corporate insurance programs); individual terms of insurance. Insurance services with standard sets of conditions and additional services for various client groups are called insurance products. In the structure of the insurance product, a core and a shell are distinguished. The core contains the main characteristics of the product: technical - insured risks, level of guarantees (sums insured, deductibles, special conditions, etc.), conditions for payment of insurance compensation; economic - price (tariff), indexation of the sum insured, bonus, malus; Additional services. The shell of the product expresses the content of the core and includes: an insurance contract (policy), insurance rules; advertising of an insurance product; the procedure and type of sellers (representatives of the insurer) for offering the product to potential customers (sales channels), concluding a contract, servicing it; the procedure for investigating and settling an insured event. 3. Sale of insurance services includes: insurance agents; insurance brokers (corporate programs); office sales (insurance products, OSAGO); partnerships - banks, post offices, chain stores, gas stations, etc. (insurance products, OSAGO); Internet (the simplest insurance products). 4. Underwriting - actions to accept or reject declared risks for insurance, setting tariffs and franchises. 5. Maintenance of the insurance contract includes operational and accounting and calculation and investment of insurance reserves, as well as control over the timeliness and completeness of receipt of insurance premiums and control of the condition of the insured object. 6. Settlement of losses includes: acceptance, analysis, verification of an application for an insured event; inspection of the object of insurance, assessment of losses; making a decision on payment or refusal to pay; insurance payment. 56. Protection of the rights of policyholders Protection of the rights of policyholders is provided for by the Civil Code of the Russian Federation, primarily Ch. 48, and the Federal Law "On Protection of Consumer Rights". When carrying out compulsory insurance in accordance with Art. 937 of the Civil Code, a person in whose favor compulsory insurance must be carried out by law, has the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by a person who is entrusted with the duty of insurance. 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. Amounts unjustifiably saved by a person who is entrusted with the insurance obligation, due to the fact that he did not fulfill this obligation or fulfilled it improperly, are recovered at the claim of the state insurance supervision authorities in the income of the Russian Federation with the accrual of interest on these amounts in accordance with Art. 395 GK. This, in particular, applies to drivers who evade OSAGO. In accordance with Art. 14 of the Law of the Russian Federation "On Protection of Consumer Rights" the insurer bears property liability for damage caused as a result of shortcomings in the insurance service. Moral damage caused to the insured as a result of violation of his rights by the insurer is subject to compensation by the tortfeasor in the presence of his fault. State и public protection и control for the observance of the rights of policyholders carried out in accordance with Art. 40-45 of the Law of the Russian Federation "On Protection of Consumer Rights" the following bodies and organizations. 1. The federal antimonopoly body (its territorial bodies), which regulates relations in the field of consumer protection. 2. Federal Service for Supervision of Insurance Activities. 3. Federal Service for Supervision of Consumer Rights Protection and Human Welfare. 4. Local self-government bodies that have the right to consider consumer complaints, advise them on consumer protection issues; upon detection of goods (works, services) of inadequate quality, as well as dangerous to life, health, property of consumers and the environment, immediately notify the federal executive authorities that monitor the quality and safety of goods (works, services). Author: Belousov D.S.
▪ Constitutional (state) law of the Russian Federation. Crib ▪ Social statistics. Lecture notes ▪ Internal illnesses. Lecture notes
Artificial leather for touch emulation
15.04.2024 Petgugu Global cat litter
15.04.2024 The attractiveness of caring men
14.04.2024
▪ section of the site Instructions for use. Article selection ▪ article In the eyes of a woman, an idea always has a face. Popular expression ▪ article Why cacti do without water? Detailed answer ▪ article Blackberry bushy. Legends, cultivation, methods of application
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua |
We recommend interesting articles Section 
See other articles Section 
Latest news of science and technology, new electronics:
All languages of this page