Article 7 of the Federal Law on compulsory third party liability insurance of vehicle owners. New OSAGO Law
"- according to this regulatory act, Federal Law No. 40 of the Law" On OSAGO "made significant adjustments. The law underwent the largest transformation in history, even if not all planned changes have been made. In particular, the increasing coefficient for malicious traffic violators in 2017 will not be applied, although this item caused the greatest resonance.
What amendments to the law "On OSAGO" - 2016 have been approved and what should motorists expect from 2017?
Download the full text of the law "On OSAGO" ФЗ№40
The government has taken care of the availability of OSAGO
There are several regions in Russia that are recognized as “toxic” - in these areas, insurers are forced to pay compulsory motor third party liability insurance compensation more often and in significantly larger amounts than the national average. The toxic regions include Volgograd, Rostov, Ivanovo, Murmansk and Chelyabinsk regions, as well as the Krasnodar Territory.
High accident rate in these constituent entities of the Russian Federation is primarily associated with poor road conditions - in the southern regions, for example, roads are a real disaster.
The consequence of the "toxicity" of the regions is that it is very problematic to buy an insurance policy here even for experienced and responsible drivers. But driving without car insurance is prohibited! The motorist is in a difficult situation: he simply does not have the opportunity not to break the law!
The government did not “turn a blind eye” to this paradoxical situation - its resolution should be facilitated by an amendment to Federal Law No. 40, no less resonant than the introduction of a “penalty” coefficient (failed). From January 1, 2017, each of the insurance companies should begin to implement the so-called e-policies - that is, to sell insurance through the Internet.
For the motor insurers themselves, this amendment caused outrage. They claim that they will need to invest a lot of money in order to integrate stable online services for the sale of policies, although in reality this is an argument "for fools" - now any student programmer can handle this work.
Thanks to the new version of the Law "On OSAGO" in 2017, the car owner no longer needs to travel around the city by public transport and look for where they will agree to sell the policy. It is enough to go to the website of any car insurer in the city of any "toxicity" and send an application for compulsory motor third-party liability insurance, having attached scans of their documents. The insurer will not be able to “turn off” the sale of the “high-risk” policy, even if it refers to the temporary inoperability of its portal - according to the law, it is the insurance company that must ensure that the Internet service is available 24 hours a day.
The inaccessibility of the insurer's portal is the basis for a motorist’s complaint, and a complaint against a legal entity threatens to result in a six-figure fine.
What other innovations?
Other significant adjustments were made to Federal Law No. 40 On OSAGO:
Right of recourse. This right was obtained by insurers as a kind of “compensation” for their obligation to sell electronic policies. A claim of recourse to the insured can be made if the motorist indicated incorrect information about himself when purchasing motor third-party liability insurance through the Internet (or in the usual way through the office). The regression suggests that the driver who became the culprit of the accident will be forced to partially or fully compensate for the damage to the victim - even after being insured.
Mandatory inspection of the car by the insurer. Previously, the insured, obviously convinced that the insurer would offer little, was allowed to immediately take the car to an independent expert for examination. The OSAGO Law, with the latest amendments, obliges the motorist to provide the vehicle for inspection with the insurer within 5 days, listen to the offer and decide afterwards whether it suits him. Therefore, the new law FZ-40 “On Compulsory Motor Liability Insurance” has earned the fame of “directed against auto lawyers”, because it is lawyers who knock motorists “off pantalik”, convincing that finding a compromise with the insurer is a thing that is doomed to failure.
Fixed inspection period. In addition to the obligation to organize the sale of electronic policies by car insurers, another appeared - to inspect cars that got into an accident a maximum of 5 days after a road collision. Earlier, the same period was counted from the moment when the insured was ready to provide his vehicle for inspection.
There is another important innovation that has already been implemented in 2016. According to the new Law “On CTP,” in October 2016 they stopped selling old-type policies (green) - only pink ones with increased protection remained on sale.
Law "On CTP": key points
Despite the fact that many amendments have been made to the Law on OSAGO, the basic postulates and structure of the normative act have remained unchanged. The law’s preamble says that the goal of Federal Law No. 40 is to protect the rights of victims of road accidents. Please note that it does not say anything about protecting the rights of insurers.
The law consists of 34 articles, divided into 6 chapters:
General Provisions The articles in this chapter talk about what a vehicle is, a compensation payment, an insurance rate, and so on. Here, the principles of car insurance in Russia are established - one of the main is universality: every driver should be insured.
Terms and conditions of insurance. In fact, it is in the second chapter that all the most important information for the motorist is given - for example, how the size of the insurance payment is determined, how to argue with the insurer. A motorist who does not have much time to study Federal Law No. 40 should start with the second chapter and end it.
Compensation payments. An entire chapter of the law is allocated to tell drivers in which cases they are entitled to compensation and how to achieve these same compensations. The chapter is rather short: it’s worth reading if only because it talks about limits on the amount of compensation payments.
Insurers. Another short chapter - its content is unlikely to be interesting to the layman. Firstly, there is information that is useful only to insurers themselves, and secondly, it will take a lot of effort to translate the text of the chapter from legal into Russian.
Professional association of insurers. This chapter, as you might guess, describes the purpose of existence, the functions and responsibilities of unions and associations of insurers.
Final provisions. The final chapter discusses methods of communication between insurers and government agencies, as well as international insurance systems.
The new Law "On CTP" is aimed at achieving several goals: the first is to increase the availability of car insurance policies in Russia, the second is to establish contact between insurers and policyholders. The state wants these two parties to find a way to resolve disputes without resorting to the courts and third parties. The auto-lawyers are most dissatisfied with the new edition of Federal Law No. 40 - after all, they are the third parties who earn money through conflicts between insurance companies and motorists.
Adopted by the State Duma on April 3, 2002
Approved by the Federation Council on April 10, 2002
In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational basis for compulsory civil liability insurance of vehicle owners (hereinafter - compulsory insurance).
Chapter I. General Provisions
Article 1. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
vehicle - a device designed to transport people, goods or equipment installed on it on roads;
use of a vehicle - the operation of a vehicle associated with its movement within roads (road traffic), as well as in areas adjacent to them and intended for the movement of vehicles (in yards, in residential areas, in parking lots of vehicles, gas stations and other territories). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in traffic is not a use of the vehicle;
vehicle owner - the owner of the vehicle, as well as the person owning the vehicle on the basis of economic management or the right of operational management or on any other legal basis (rental right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to this person and like that). The person driving the vehicle is not the person driving the vehicle by virtue of the performance of his official or labor duties, including on the basis of an employment or civil law agreement with the owner or other owner of the vehicle;
driver - a person driving a vehicle. When learning to drive a vehicle, a driver is considered a training person;
victim - a person whose life, health or property was harmed when another person was using the vehicle;
the place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;
compulsory civil liability insurance contract for vehicle owners (hereinafter referred to as the compulsory insurance contract) is an insurance contract under which the insurer undertakes to compensate the injured for their life caused by the event upon the occurrence of the event (insured event) stipulated in the contract , health or property (to make insurance payment) within the amount determined by the contract (insurance amount). The contract of compulsory insurance is concluded in the manner and on the conditions provided for by this Federal Law, and is public;
policyholder - a person who has concluded a compulsory insurance contract with the insurer;
insurer - an insurance organization that is entitled to carry out compulsory insurance of civil liability of vehicle owners in accordance with a permit (license) issued by the federal executive authority for supervision of insurance activities in the manner established by the legislation of the Russian Federation;
insured event - the occurrence of civil liability of the insured, other persons whose liability risk is insured under a compulsory insurance contract for harm to life, health or property of the injured when using the vehicle, which entails the obligation of the insurer to make insurance payment;
insurance rates - the price rates established in accordance with this Federal Law, applied by insurers in determining the insurance premium under a compulsory insurance agreement and consisting of base rates and ratios;
Compensation payments - payments made in accordance with this Federal Law in respect of compensation for harm caused to the life or health of the victim, in the event that the insurance payment for compulsory insurance cannot be made due to non-fulfillment by the harm-taker of the insurance obligation or bankruptcy proceedings applied to the insurer, or if the causer of the specified harm is unknown;
the representative of the insurer in the constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) is a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation that exercises, within the limits provided for by civil law, the powers of the insurer to review the claims of victims regarding insurance payments and their implementation, or another insurer performing these powers at the expense of the insurer who has concluded the compulsory insurance contract on the basis of the contract with the insurer.
Article 2. Legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners
1. The legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners consists of the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.
2. If other rules are established by an international treaty of the Russian Federation than those provided for by this Federal Law, the rules of the international treaty shall apply.
Section 3. Basic Principles of Compulsory Insurance
The basic principles of compulsory insurance are:
a guarantee of compensation for harm caused to the life, health or property of victims, to the extent established by this Federal Law;
universality and compulsory liability insurance of vehicle owners;
inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the obligation to insure their civil liability established by this Federal Law;
the economic interest of vehicle owners in improving road safety.
Chapter II Terms and conditions of compulsory insurance
Article 4. Obligation of vehicle owners to insure civil liability
1. Vehicle owners are obliged, under the conditions and in the manner established by this Federal Law, and in accordance with it, at their own expense to insure themselves as insurers the risk of their civil liability, which may occur as a result of harm to life, health or property of others when used Vehicle.
The liability liability insurance covers the owners of all vehicles used in the Russian Federation, with the exception of cases provided for in paragraphs 3 and 4 of this article.
2. If a right to own a vehicle arises (acquires it, obtains it in economic management or operational management, etc.), the vehicle owner is obligated to insure his civil liability before registering the vehicle, but no later than five days after the right to own it .
3. The liability liability insurance does not apply to owners:
a) vehicles with a maximum design speed of not more than 20 kilometers per hour;
b) vehicles that, according to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in traffic on the territory of the Russian Federation;
c) vehicles of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation;
d) vehicles registered in foreign states, if the civil liability of the owners of such vehicles is insured under international compulsory insurance systems to which the Russian Federation is a participant.
4. The liability for liability insurance does not apply to the owner of the vehicle, the liability risk of which is insured by another person (policyholder) in accordance with this Federal Law.
5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily insure themselves in case of insufficiency of the insurance payment for compulsory insurance for full compensation of harm caused to life, health or property of victims, as well as in case of occurrence liability not related to insurance risk for compulsory insurance (Clause 2, Article 6 of this Federal Law).
6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate the harm caused to the life, health or property of the victims, in accordance with civil law.
Persons who violate the requirements for compulsory civil liability insurance of vehicle owners established by this Federal Law are liable in accordance with the legislation of the Russian Federation.
Article 5. Standard terms and conditions of a compulsory insurance contract
The conditions on which the compulsory insurance contract is concluded must comply with the standard conditions of the compulsory insurance contract contained in the rules of compulsory insurance issued by the Government of the Russian Federation.
Section 6. Object of Compulsory Insurance and Insurance Risk
1. The object of compulsory insurance shall be property interests related to the risk of civil liability of the vehicle owner for obligations arising from damage to life, health or property of the injured when using the vehicle in the territory of the Russian Federation.
2. The insurance risk for compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, with the exception of cases of liability due to:
a) harm when using a vehicle other than that specified in the contract of compulsory insurance;
b) causing moral harm or the occurrence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, trials or driving in specially designated places;
d) environmental pollution;
e) damage caused by the effect of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the corresponding type of compulsory insurance;
f) causing harm to the life or health of employees in the performance of their labor duties, if this damage is compensable in accordance with the law on the appropriate form of compulsory insurance or compulsory social insurance;
g) the obligation to compensate the employer for losses caused by harm to the employee;
h) damage caused by the driver to the vehicle he is driving and the trailer to it, the cargo transported by them, the equipment installed on them;
i) causing harm when loading cargo on a vehicle or unloading it, as well as when the vehicle moves through the internal territory of the organization;
j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and semiprecious stones, cash, securities, religious objects, as well as works of science, literature and art, other intellectual property;
k) the obligation of the owner of the vehicle to compensate for the damage exceeding the amount of liability stipulated by the rules of Chapter 59 of the Civil Code of the Russian Federation (in case the higher amount of liability is established by federal law or by agreement).
In the event of civil liability of vehicle owners in the cases specified in this paragraph, the damage caused shall be compensated by them in accordance with the legislation of the Russian Federation.
Section 7. Sum Insured
The insured amount, within which the insurer undertakes, upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to compensate the injured party for damage, is 400 thousand rubles, namely:
in terms of compensation for harm caused to the life or health of several victims, - 240 thousand rubles and not more than 160 thousand rubles when causing harm to the life or health of one victim;
in terms of compensation for damage caused to the property of several victims - 160 thousand rubles and not more than 120 thousand rubles in case of damage to the property of one victim.
Section 8. State Regulation of Insurance Rates
1. State regulation of insurance tariffs is carried out through the establishment of economically sound insurance tariffs or their maximum levels in accordance with this Federal Law, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.
2. Insurance rates for compulsory insurance (their maximum levels), the structure of insurance rates and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance agreement are established by the Government of the Russian Federation in accordance with this Federal Law.
At the same time, the share of the insurance premium used in calculating insurance rates and directly intended for making insurance and compensation payments to victims cannot be less than 80 percent of the insurance premium.
3. The validity period of the established insurance rates may not be less than six months.
A change in insurance tariffs does not entail a change in the insurance premium under the compulsory insurance contract during its validity period, paid by the policyholder at the current insurance tariffs in force at the time of payment.
4. Full or partial compensation to certain categories of policyholders of the insurance premiums paid by them by increasing insurance premiums for other categories of policyholders is not allowed.
5. Annual statistics on compulsory insurance are subject to official publication by the federal executive body for the supervision of insurance activities.
Article 9. Basic rates and coefficients of insurance rates
1. Insurance rates consist of base rates and odds. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff ratios.
The basic rates of insurance tariffs are set depending on the technical characteristics, design features and purpose of vehicles, significantly affecting the probability of harm when using them and the potential size of the harm done.
2. The coefficients included in the insurance tariffs are set depending on:
the territory of preferential use of the vehicle;
the presence or absence of insurance payments made by insurers in the course of compulsory insurance of civil liability of the owners of the specified vehicle in previous periods;
other circumstances significantly affecting the amount of insurance risk.
For cases of compulsory liability insurance of citizens using their vehicles, insurance rates also establish coefficients that take into account:
Does the compulsory insurance contract stipulate that only the drivers indicated by the policyholder are allowed to drive the vehicle, and if such a condition is provided, their driving experience, age and other personal data;
seasonal use of the vehicle.
3. In addition to the coefficients established in accordance with clause 2 of this article, insurance rates provide for the coefficients that are used for mandatory civil liability insurance of vehicle owners:
knowingly false information to the insurer about the circumstances requested by him, affecting the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;
intentionally assisted in the occurrence of an insured event or an increase in losses associated with it, or deliberately distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
who caused harm under the circumstances that formed the basis for the submission of a recourse claim (Article 14 of this Federal Law).
The coefficients specified in this clause are applied by insurers upon conclusion or extension of a compulsory insurance contract for a year following the period in which the insurer became aware of the completion of the actions provided for in this clause (inaction).
4. The maximum size of the insurance premium under a compulsory insurance contract may not exceed three times the base rate of insurance tariffs adjusted for the territory of preferential use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five-fold amount.
5. Insurance rates may additionally provide for basic rates and coefficients used by insurers in the course of compulsory insurance of civil liability of vehicle owners registered in foreign states and temporarily used in the territory of the Russian Federation.
6. Insurance rates established in accordance with this Federal Law are mandatory for use by insurers. Insurers are not entitled to apply rates and / or coefficients other than those established by insurance rates.
Section 10. Duration of Compulsory Insurance Contract
1. The validity period of a compulsory insurance contract is one year, with the exception of cases for which other terms of such a contract are provided for by this article.
The compulsory insurance contract is extended for the next year, if the policyholder not later than two months before the expiration of this contract has not notified the insurer about the refusal to renew it. The extended contract of compulsory insurance does not expire if the policyholder fails to pay the insurance premium for the next year for no more than 30 days. When extending the compulsory insurance contract, the insurance premium for the new term of its validity is paid in accordance with the insurance tariffs in force at the time of payment.
2. Owners of vehicles registered in foreign countries and temporarily used in the territory of the Russian Federation enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 15 days.
3. Upon purchase of a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner is entitled to conclude a compulsory insurance contract for the duration of the journey to the place of registration of the vehicle. In this case, the owner of the vehicle is obliged to conclude a compulsory insurance contract for one year before registration in accordance with the provisions of paragraph 1 of this article.
Article 11. Actions of policyholders and victims upon occurrence of an insured event
1. If the policyholder is a participant in a traffic accident, he is obliged to inform other participants of the specified accident, upon their request, about the compulsory insurance contract, under which the civil liability of the owners of this vehicle is insured.
The obligation stipulated by this clause is also assigned to the driver who drives the vehicle in the absence of the policyholder.
2. On cases of causing harm when using the vehicle, which may entail the civil liability of the insured, he is obliged to inform the insurer within the time period established by the contract of compulsory insurance and the method specified by this contract.
In this case, the insurer must satisfy the insurer and act in accordance with his instructions before satisfying the claims of the victims regarding compensation for the harm caused to them, and if the insured is sued, bring the insurer to participate in the case. Otherwise, the insurer has the right to raise objections to the claim for insurance payment that he had regarding claims for compensation for the damage caused.
3. If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible.
4. The provisions of this Federal Law relating to victims shall also apply to persons who have suffered damage as a result of the death of the breadwinner, the heirs of the victims and other persons who, in accordance with civil law, are entitled to compensation for harm caused to them when using vehicles by other persons.
Section 12. Determination of the amount of insurance payment
1. The amount of insurance indemnity due to the victim in compensation for harm caused to his life or health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of the harm caused to the life or health of the victim.
2. In the event of damage to property, the victim, intending to exercise his right to insurance payment, is obliged to submit the damaged property or its remains to the insurer for inspection and organization of an independent examination (assessment) in order to ascertain the circumstances of the damage and determine the amount of losses to be compensated.
If the inspection and independent examination (assessment) of the damaged property or its balances presented by the victim does not allow to reliably establish the existence of the insured event and the amount of losses to be compensated under the compulsory insurance agreement, the insurer has the right to examine the vehicle of the insured to determine the circumstances, when using which the victim was caused harm, and (or) organize an independent examination with respect to this vehicle. The policyholder is required to submit this vehicle at the request of the insurer in the manner prescribed by the contract of compulsory insurance.
3. The insurer is obliged to inspect the damaged property and organize its independent examination (assessment) within no more than five business days from the date of the appropriate appeal of the victim, unless otherwise agreed by the insurer with the victim.
If the nature of the damage or the features of the damaged property exclude its submission for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to a vehicle that excludes its participation in traffic), the said inspection and independent examination (assessment) is carried out at the location of the damaged property within the time period established by this paragraph.
The compulsory insurance contract may stipulate other periods during which the insurer must arrive to inspect and organize an independent examination (assessment) of the damaged property, taking into account the territorial features of their conduct in remote, remote or sparsely populated areas.
4. If the insurer has not inspected the damaged property and (or) has not organized its independent examination (assessment) within the time period specified in clause 3 of this article, the victim shall have the right to independently apply for such examination (assessment) without presenting the damaged property to the insurer for inspection.
5. The cost of an independent examination (appraisal), on the basis of which the insurance payment is made, is included in the losses to be compensated by the insurer under the compulsory insurance agreement.
6. The insurer has the right to refuse to the victim in the insurance payment or part thereof, if the repair of the damaged property or the disposal of its residues, carried out before the inspection and independent examination (assessment) of the damaged property in accordance with the requirements of this article, does not allow to reliably establish the existence of the insured event and the amount of losses payable under a compulsory insurance contract.
7. In order to clarify the circumstances of the occurrence of the insured event, to establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.
The rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintaining the state register of expert technicians, are approved by the Government of the Russian Federation or in the manner established by it.
Section 13. Insurance Payment
1. The victim shall have the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the insurance amount. The application of the victim containing the claim for insurance payment, with documents attached to it about the occurrence of the insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or his representative authorized by the insurer to consider the said claims of the victim and make insurance payments.
The location and mailing address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, the means of communication with them and information about the time of their work should be indicated in the insurance policy.
2. The insurer considers the victim's application for insurance payment and the documents attached to it within 15 days from the date of their receipt. During the specified period, the insurer is obliged to make insurance payment to the victim or to send him a reasoned refusal.
Until the full determination of the amount of damage to be compensated, the insurer is entitled to make a part of the insurance payment at the request of the victim, corresponding to the actually determined part of the specified damage.
By agreement with the victim and under the conditions provided for by the contract of compulsory insurance, the insurer is entitled to organize and pay for the repair of damaged property against insurance premiums.
3. If, upon the occurrence of an insured event, insurance payments must be made by several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for this insurance event exceeds the insurance amount for compulsory insurance (Article 7 of this Federal Law), insurance payments shall be made in proportion to the ratio insurance amount to the amount of the specified claims of the victims.
4. The insurer is exempted from the obligation to make insurance payment in cases stipulated by law and (or) the compulsory insurance contract.
Section 14. Right of insurer's recourse claim
The insurer has the right to submit a recourse claim to the person who caused the harm (the insured, another person whose liability risk is insured under the compulsory insurance agreement) in the amount of the insurance payment made by the insurer if:
as a result of the intent of the indicated person, harm was caused to the life or health of the victim;
the damage was caused by the indicated person while driving while intoxicated (alcoholic, narcotic or otherwise);
the specified person did not have the right to drive a vehicle, during the use of which he was harmed;
the specified person fled the scene of the accident;
the specified person is not included in the compulsory insurance contract as a person authorized to drive a vehicle (upon entering into a compulsory insurance contract with the condition that the vehicle is used only by drivers specified in the compulsory insurance contract);
the insured event occurred when the indicated person used the vehicle during the period not provided for by the compulsory insurance contract (upon conclusion of the compulsory insurance contract with the condition of using the vehicle during the period provided for by the compulsory insurance contract).
At the same time, the insurer also has the right to demand from the specified person compensation for expenses incurred in considering the insured event.
Section 15. Procedure for Compulsory Insurance
1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts with insurers.
Compulsory insurance contracts indicate vehicles whose civil liability is insured.
2. Under the compulsory insurance contract, the risk of civil liability of the insured himself, the other owner of the vehicle named in the compulsory insurance contract, as well as other owners of the vehicle legally using it, is insured.
3. When concluding a compulsory insurance contract, the insurer shall present to the policyholder an insurance policy and a special state sign.
The document certifying the implementation of compulsory insurance is an insurance policy.
4. Upon termination of the compulsory insurance contract, the insurer shall provide the insurer with information about the number and nature of the insured events that have occurred, about the payments made and forthcoming insurance payments, about the duration of the insurance, about the claims considered and outstanding by the victims about insurance payments, and other information about insurance during the term of the said contract (hereinafter referred to as insurance information). Insurance information is provided by insurers in writing and free of charge.
5. Information about insurance is provided by the vehicle owner to the insurer when compulsory insurance is carried out in subsequent periods and taken into account by the insurer when determining the insurance tariff coefficients used in calculating the insurance premium under the compulsory insurance agreement.
6. The Government of the Russian Federation establishes the form of compulsory insurance policy, the form of a special state sign and the procedure for its placement on the vehicle, as well as the form of a document containing information about insurance.
Article 16. Compulsory insurance for limited use of vehicles
1. Citizens have the right to conclude compulsory insurance contracts, taking into account the limited use of their vehicles. Limited use of a vehicle is recognized as driving it only by drivers specified by the policyholder and (or) seasonal use of the vehicle (for six or more months specified in the said contracts in a calendar year).
The owner of the vehicle is entitled to notify the insurer in writing of these circumstances when concluding a compulsory insurance contract. In this case, the insurance premium under the compulsory insurance contract, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by insurance rates and taking into account the driving experience, age and other personal data of the drivers allowed to drive the vehicle, and (or) provided for by the contract of compulsory insurance period of its use (Clause 2, Article 9 of this Federal Law).
2. When carrying out compulsory insurance, taking into account the limited use of the vehicle, the insurance policy shall indicate the drivers who are allowed to drive the vehicle, including on the basis of the relevant power of attorney, and (or) the period of use specified in the compulsory insurance agreement.
3. During the term of the compulsory insurance agreement, taking into account the limited use of the vehicle, the policyholder must immediately inform the insurer in writing about the transfer of control of the vehicle to drivers not specified in the insurance policy as authorized to drive the vehicle, and (or) to increase the period its use beyond the period specified in the contract of compulsory insurance. Upon receipt of such a message, the insurer makes the appropriate changes to the insurance policy. At the same time, the insurer has the right to demand the payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
Article 17. Compensation of insurance premiums under a compulsory insurance contract
1. Disabled persons who have received vehicles through the social welfare authorities are provided with compensation in the amount of 50 percent of the insurance premium they paid under a compulsory insurance contract. This compensation is provided subject to the use of the vehicle by a person who has the right to it, and not more than one driver.
Compensation of insurance premiums under a compulsory insurance contract is paid in the manner prescribed by the Government of the Russian Federation at the expense of the funds provided for by the federal budget for social assistance.
2. State authorities of the constituent entities of the Russian Federation and local governments within their powers are entitled to establish full or partial compensation of insurance premiums under compulsory insurance contracts to other categories of citizens. Sources of financing and the procedure for the provision of these compensations are determined in accordance with regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local authorities.
Chapter III. Compensation payments for damages to the life or health of victims
Article 18. The right to receive compensation payments
1. Compensation payment in respect of compensation for harm to the life or health of the victim shall be made in cases where the insurance payment under the compulsory insurance contract cannot be made due to:
a) applying bankruptcy procedures to the insurer as provided for by federal law;
b) the unknown person responsible for the harm caused to the victim;
c) the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to failure to fulfill the insurance obligation established by this Federal Law, if the victim’s claim for compensation for the damage was not satisfied, despite the implementation by the victim of the laws of the Russian Federation actions to recover compensation due to him.
2. Citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, have the right to receive compensation payments in the cases provided for in paragraph 1 of this article.
Temporarily staying in the territory of the Russian Federation citizens of a foreign state have the right to receive the specified compensation payments if, in accordance with the legislation of this foreign state, a similar right is granted to citizens of the Russian Federation.
3. A claim for victims' claims for compensation payments may be brought within two years.
Section 19. Making Compensation Payments
1. According to the requirements of the victims, compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law.
The consideration of victims' claims for compensation payments, the implementation of compensation payments and the exercise of claim rights provided for in Article 20 of this Federal Law may be carried out by insurers acting at the expense of a professional association on the basis of agreements concluded with it.
2. The relations between the beneficiary and the professional association of insurers regarding compensation payments by analogy shall be subject to the rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance agreement. The relevant provisions apply insofar as otherwise is not provided for by federal law and does not follow from the essence of such relations.
Moreover, the specified compensation payments are reduced by an amount equal to the amount made by the insurer and (or) the person responsible for the damage caused to partial compensation of harm.
Section 20. Collection of Compensation Payments
1. The amount of the compensation payment made to the victim in accordance with subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law shall be recovered in the manner of recourse in the suit of the professional association of insurers from the person responsible for the damage caused to the victim.
The professional association of insurers also has the right to demand from the specified person compensation for the expenses incurred to consider the victim's claim for compensation.
2. Within the limits of the amount of the compensation payment made to the victim in accordance with subparagraph "a" of paragraph 1 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has with the insurer shall be transferred to the professional association of insurers.
Chapter IV Insurers
Article 21. Insurers
1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider the claims of victims regarding insurance payments and to make insurance payments.
2. Insurers must be members of a professional association of insurers operating in accordance with this Federal Law.
3. A necessary requirement for an insurance organization applying for a permit (license) for compulsory insurance of civil liability of vehicle owners is that this insurance organization has at least two years of experience in performing operations on insurance of vehicles or civil liability of their owners.
Insurers and their representatives should be located in premises adapted to fulfill their functions.
Article 22. Features of insurers conducting compulsory insurance operations
1. The organization of the conclusion of compulsory insurance contracts and the placement of advertisements for the services of specific insurers for compulsory insurance in premises and in territories occupied by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments are prohibited.
2. If, in the course of compulsory insurance, the difference between the insurer's income and expenses for the year exceeds 5 percent of the indicated income, the excess amount is sent by the insurer to form an insurance reserve to compensate for expenses for insurance payments in subsequent years.
3. In the implementation of compulsory insurance, insurers form:
a reserve for financial support of compensation payments made by the victim to meet the obligations of insurers when applying bankruptcy proceedings to them (guarantee reserve);
reserve for financial support of compensation payments made in accordance with subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law (reserve of current compensation payments).
The amount of contributions to the reserve of guarantees and the reserve of current compensation payments are established in accordance with the structure of insurance rates.
Section 23. Replacement of the Insurer
1. Replacement of the insurer under compulsory insurance contracts may be carried out on the basis of an agreement concluded by this insurer with another insurer.
2. The replacement of the insurer is allowed with the consent of the insured under the compulsory insurance contracts, the obligations of which are transferred to another insurer, and the federal executive body for the supervision of insurance activities. In addition, the consent of victims requiring insurance payments under a compulsory insurance contract, the obligations of which are transferred to another insurer, is necessary.
3. On the consent to replace the insurer, policyholders and victims are requested in writing by the insurer accepting obligations under compulsory insurance contracts. Insurers and victims have the right to agree to replace the insurer, to refuse it, and policyholders also have the right to refuse to extend the compulsory insurance contract, even if the deadline for refusing to extend it has already expired.
The insurers and the victims shall inform the insurer of their decision in writing, transferring the obligations under the compulsory insurance agreement or accepting them.
The request for consent to replace the insurer with policyholders and victims should explain their right to refuse to replace the insurer and extend the contract of compulsory insurance.
4. The federal executive body for the supervision of insurance activities has the right to refuse to replace the insurer in the following cases if:
the adoption by the insurer of the obligations transferred to him under the compulsory insurance contracts entails a violation of the requirements for guarantees of solvency of insurers established in accordance with the legislation of the Russian Federation;
an insurer assuming obligations under compulsory insurance contracts does not have a license to carry out compulsory civil liability insurance of vehicle owners;
the conditions and procedure for replacing the insurer do not comply with the requirements of the legislation of the Russian Federation.
Chapter V. Professional Association of Insurers
Section 24. Professional Association of Insurers
1. The professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating in order to ensure their interaction and the formation of professional activity rules for the implementation of compulsory insurance.
2. A professional association of insurers is created with the consent of the federal executive body for the supervision of insurance activities.
A professional association of insurers is created and operates in accordance with the provisions of the legislation of the Russian Federation provided for in relation to associations (unions). The specified provisions apply subject to the specifics of the status of a professional association of insurers established by this Federal Law.
3. The professional association of insurers is open to the entry of new members.
The constituent documents of a professional association must contain a provision on the consent of the members of the professional association to the entry of insurance organizations that meet the requirements that, in accordance with the constituent documents of the professional association, are presented to the members of the professional association.
Section 25. Functions and Powers of a Professional Association of Insurers
1. Professional association of insurers:
a) ensures the interaction of its members in the implementation of compulsory insurance, develops and establishes the rules of professional activity binding on the professional association and its members and monitors their compliance;
b) represent and protect in government bodies, local governments, other bodies and organizations interests related to the implementation by members of a professional association of compulsory insurance;
c) makes compensatory payments to victims in accordance with the constituent documents of a professional association and the requirements of this Federal Law, and also exercises the rights of claim provided for in Article 20 of this Federal Law;
d) carries out other functions provided for by the constituent documents of a professional association in accordance with its goals and objectives.
2. A professional association of insurers is entitled to:
to form and use information resources containing information on compulsory insurance, including information on compulsory insurance contracts and insured events, personal data on policyholders and victims, with the provision of requirements for the protection of limited access information established by the legislation of the Russian Federation;
protect in court the interests of members of a professional association related to their compulsory insurance;
to carry out the functions assigned to it in accordance with the legislation of the Russian Federation on information and organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of a professional association within the framework of international systems of compulsory civil liability insurance of vehicle owners, to which the Russian joined Federation.
A professional association of insurers is entitled to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.
A professional association may carry out commercial activities only to the extent that it serves the achievement of the goals for which it was created and corresponding to these goals.
Article 26. Rules of professional activity
1. The professional association of insurers shall establish the rules binding on the professional association and its members and containing requirements regarding:
a) the procedure and conditions for consideration by members of a professional association of claims of victims of insurance payments under compulsory insurance contracts concluded by other members of the professional association, the procedure and conditions for making said insurance payments;
b) the procedure and conditions for the professional association to make compensatory payments to victims, including the order of satisfaction of the specified requirements in case of insufficient funds of the given professional association, and the procedure for distributing among its members responsibility for the obligations of the professional association related to making compensatory payments;
c) the procedure for financing compensation payments by members of a professional association, measures to control the targeted use of appropriate funds, the procedure for maintaining professional accounting records for operations with funds intended for compensation payments;
d) the formation of information resources of a professional association containing information of limited access, as well as the rules for the protection of these information resources and their use;
e) the procedure for entry into the professional association of new members and withdrawal or exclusion of members from it;
f) the conditions and procedure for the formation and expenditure of funds of a professional association for purposes other than the financing of compensation payments, including the procedure for the distribution of relevant costs, payments, fees and contributions between its members;
g) qualifications of employees;
h) documentation, accounting and reporting rules;
i) protection of the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints about the actions of members of a professional association;
j) the procedures for conducting inspections of the activities of members of a professional association for compulsory insurance and their compliance with established rules, including the creation of a control body and the procedure for familiarizing other members of a professional association with the results of these inspections, as well as requirements for ensuring transparency of information for such inspections;
k) sanctions and other measures against members of a professional association, their officials and employees, the procedure for applying and recording such sanctions and other measures, as well as monitoring their implementation;
l) resolving disputes between members of a professional association that arose when one of the members of a professional association considered the claims of victims and made insurance payments under compulsory insurance contracts concluded by another member of a professional association, as well as other issues of professional activity on compulsory insurance;
m) the rules of professional activity related to the activities of the professional association and its members within the framework of international systems of compulsory third party liability insurance of vehicle owners and the relevant requirements of such systems;
n) other rules of professional activity on compulsory insurance, the establishment of which is referred to the competence of a professional association by decision of its members.
The requirements specified in subparagraphs "a" - "e" of this paragraph are established and changed by a professional association as agreed with the federal executive body for the supervision of insurance activities.
A professional association shall notify the federal executive body for the supervision of insurance activities in accordance with the procedure established by this body about the acceptance and amendment of other requirements specified in this clause.
2. In the event that the rules of professional activity established by the professional association of insurers violate the rights of other persons, including victims, policyholders, insurance companies that are not members of the professional association, persons whose rights are violated, and the federal executive body for the supervision of insurance activities the right to file a lawsuit on the recognition of these rules as invalid or a lawsuit on making amendments to them.
Persons whose rights are violated have the right to demand compensation from the professional association of insurers for losses caused to them.
Section 27. Obligation of a professional association to make compensation payments
1. The constituent documents of a professional association shall establish its obligation to make compensation payments provided for by this Federal Law, and in respect of members of a professional association, their subsidiary liability for the respective obligations of the professional association.
2. The victims' claims for compensation payments provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law shall be satisfied by the professional association at the expense of funds allocated by members of the professional association from the guarantee reserves (paragraph 3 of Article 22 of this Federal Law), as well as funds received from the exercise by a professional association of the right of claim provided for in Clause 2 of Article 20 of this Federal Law.
Claims for compensation of victims provided for by subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law shall be satisfied by the professional association at the expense of funds allocated by members of the professional association from the reserves of current compensation payments (paragraph 3 of Article 22 of this Federal Law), and as well as funds received from the realization by a professional association of the right of claim provided for by paragraph 1 of Article 20 of this Federal Law.
3. The subsidiary liability established in accordance with paragraph 1 of this article, members of a professional association shall bear:
for obligations of a professional association regarding compensation payments provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law, within the limits of the guarantee reserves formed by them;
for obligations of a professional association regarding compensation payments provided for by subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law, within the limits of the reserves of current compensation payments formed by them.
Section 28. Property of a professional association of insurers
1. The property of a professional association of insurers is formed by:
property transferred to the professional association by its founders in accordance with the memorandum of association of the professional association;
entrance fees, membership dues, earmarked contributions and other obligatory payments paid to the professional association by its members in accordance with the rules of the professional association;
funds received from the exercise of the rights of claim provided for in Article 20 of this Federal Law;
voluntary contributions, funds from other sources.
The property of a professional association may be used solely for the purposes for which a professional association was created.
2. Funds intended for financing compensation payments are separated from other property of a professional association.
Moreover, the funds intended for financing compensation payments provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law shall be separated from the funds allocated for financing compensation payments on other grounds.
Funds intended for financing compensation payments are reflected on separate balance sheets of a professional association, and separate accounting is kept for them. For settlements on activities related to the implementation of each of these types of compensation payments, a separate bank account is opened by a professional association.
3. The investment of temporarily free funds of a professional association is carried out on the conditions of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.
The directions for investing temporarily free funds of a professional association are determined by the annual plan approved by the general meeting of members of the professional association.
4. The federal executive body for the supervision of insurance activities may establish requirements for the minimum amount of funds for financing compensation payments, provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law and located on the bank account of a professional association.
5. The funds received by the professional association from the exercise of the rights of claim provided for in Article 20 of this Federal Law shall be used to finance compensation payments.
6. The financial activities of a professional association of insurers are subject to a mandatory annual audit.
An independent audit organization and the terms of the contract that a professional association of insurers are required to conclude with it are approved by the general meeting of members of the professional association.
7. The annual report and annual balance sheet of a professional association after they are approved by the general meeting of members of the professional association are subject to publication annually.
Section 29. Contributions and Other Mandatory Payments of Members of a Professional Association
The size, procedure for payment by members of a professional association of insurers of contributions, deposits and other obligatory payments to a professional association shall be established by the general meeting of members of the professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association.
Chapter VI. Final provisions
Article 30. Information interaction
1. The executive authorities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation, local governments, organizations and citizens are required to provide, at the request of insurers and their professional associations, free of charge information available to them (including confidential) related to compulsory insurance events or with events that served as the basis for victims to submit claims for compensation payments.
The internal affairs bodies also provide insurers, upon their request, with information on the registration of vehicles with the owners of which insurers have concluded compulsory insurance contracts.
Insurers and their professional association are required to comply with the protection regimes established by the legislation of the Russian Federation, the processing regime of confidential information received and the procedure for its use, and in case of violation thereof they shall be liable under the legislation of the Russian Federation.
2. Insurers shall be obliged to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.
The procedure for providing the information provided for by this clause is established by the internal affairs bodies of the Russian Federation in agreement with the federal executive authority for supervision of insurance activities.
3. In order to organize the exchange of information on compulsory insurance and control over its implementation, an automated information system is created containing information on compulsory insurance contracts, insured events, vehicles and their owners, statistical and other information on compulsory insurance. The information generated within the framework of this automated information system relates to federal information resources.
The use of the information resources of the automated information system is free and public, with the exception of information constituting limited access information in accordance with federal law. The use of restricted access information is carried out by state authorities, insurers and their professional association, other bodies and organizations in accordance with their competence established by the legislation of the Russian Federation and in the manner prescribed by it.
The lists of information provided without fail by state authorities, insurers, other persons for the formation of information resources of an automated information system, the procedure for providing users with the information contained in it, as well as the bodies and organizations responsible for collecting and processing these information resources, are approved by the Government of the Russian Federation .
Article 31. International systems of compulsory third party liability insurance of vehicle owners
The Government of the Russian Federation may, in the manner established by the legislation of the Russian Federation, make decisions on the participation of the Russian Federation in international systems of compulsory civil liability insurance of vehicle owners. The conditions under which the liability insurance of owners of vehicles temporarily used in the Russian Federation is carried out within the framework of these international systems should not worsen the situation of victims in the Russian Federation in comparison with the conditions of compulsory insurance carried out in accordance with this Federal Law.
Section 32. Control over the performance by insurance owners of insurance obligations
1. Control over the performance by owners of vehicles of the insurance obligation established by this Federal Law is carried out by the police during registration, organization of state technical inspection of vehicles and the exercise of their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of road safety movement. The driver of the vehicle is obliged to have a compulsory insurance policy with him and to hand it over for inspection to police officers authorized in accordance with the legislation of the Russian Federation.
2. When vehicles enter the territory of the Russian Federation, control over the fulfillment by their owners of the obligation to insure their civil liability established by this Federal Law is carried out by the customs authorities of the Russian Federation.
3. On the territory of the Russian Federation it is prohibited to use vehicles whose owners have not fulfilled the obligation to insure their civil liability established by this Federal Law. In relation to these vehicles, state technical inspection and registration are not carried out.
Article 33. On the entry into force of this Federal Law
1. This Federal Law shall enter into force on July 1, 2003, with the exception of provisions for which other terms of entry into force are provided for in accordance with this Article.
2. The provisions of this Federal Law provided for in relation to the creation of a professional association of insurers and the conditions for issuing permits (licenses) to insurers for compulsory civil liability insurance of vehicle owners shall enter into force on the day of the official publication of this Federal Law.
3. Clauses 1 and 2 of Article 21 of this Federal Law shall enter into force on July 1, 2003.
4. Chapter III and Section 27 of this Federal Law shall enter into force on July 1, 2004.
Article 34. Bringing normative legal acts in accordance with this Federal Law
The President of the Russian Federation and the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.
The president
Russian Federation
V. Putin
Question | Answer |
No, buying insurance is still necessary. | |
No, now, with the sum of the damage up to 100 thousand rubles, you can limit yourself to the preparation of the European Protocol. | |
Yes, instead of 50 thousand, now it is 100 thousand rubles. | |
The Central Bank, together with the SAR, has developed software with which you can take pictures and make materials in a single database. | |
Yes, such a rule is spelled out in paragraph 1 of Art. 14 Federal Law No. 40. | |
Knowledge of the legislation will help to fill out documents as quickly as possible and receive payment promptly. | |
Yes, the updated law provides for increased responsibility for the implementation of fictitious policies. |
The driver has the right to operate the vehicle only after completing the policy, which is designed to insure the liability of the motorist.
Now OSAGO damage is considered the same for everyone - how is the uniform methodology used to calculate the Central Bank of the Russian Federation?
The procedure for obtaining policies, as well as compensation in case of property damage or damage to human health and other issues related to insurance compensation in case of an accident, is regulated by Federal Law No. 40-ФЗ “On CTP”.
general information
The first edition of the Law of the Russian Federation "On Compulsory Insurance" entered into force on December 29, 2002. The normative act is designed to:
- fix the basic concepts related to car insurance;
- to establish mandatory liability arising in the event of damage to the car at the time of an accident or other traffic accident, as well as in the event of damage to a person during a collision of a vehicle;
- to designate as an guarantor of fulfillment of obligations an official document issued at registration of insurance - the insurance policy.
Over the 16 years of operation, the regulatory act has been constantly amended. Today, there are 32 versions of the law, the last of which was adopted on December 29, 2017, in connection with the entry into force of Federal Law No. 448-ФЗ. In total, 3 regulatory acts were adopted in 2017 that introduced amendments to the Federal Law No. 40-FZ.
New OSAGO rules - another increase in the cost of policies will save the insurance market?
First of all, the current edition makes some adjustments to the procedure for registration of road accidents, carried out without the involvement of traffic police inspectors.
The limit of insurance compensation established in the event of two cars participating in an accident and causing damage exclusively to property, that is, in an accident with no casualties or injuries, is increased.
Federal Law "CTP" previously set 50 thousand rubles as the upper limit of compensation, and since 2017 - 100 thousand, as reported in paragraph 4 of Article 11.1 normative act.
Also, it became possible to use special software when fixing a traffic accident developed with the participation of the Central Bank of the Russian Federation and the SAR, as indicated in paragraph 5 of Article 11. It can be used to instantly photograph and video the incident, and send materials to a single database.
The new edition of the normative law gives insurers the right of recourse. Firms issuing insurance may put forward claims for the payment of the penalty to the policyholder upon detection of the cases referred to in paragraph 1 of Article 14.
Along with the Law "On OSAGO", the provisions relating to motor insurance are contained in the following regulations:
- “Rules of compulsory insurance” adopted by the Bank of Russia resolution with the latest amendments made after the entry into force on December 26, 2017 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 58. The OSAGO insurance rules from the Central Bank of the Russian Federation regulate the procedure and conditions for the payment of compensation, the amount of the forfeit, the form of the contract concluded between the parties when arranging insurance, and the documents drawn up during the registration of an accident.
- Federal Law "OSGOP" No. 67-FZ of the Russian Federation, which establishes the rules for insurance of persons involved in transportation, if as a result of their action or inaction that led to an accident, damage was caused to property or the health of passengers.
Where to watch the law
The main sources that allow you to familiarize yourself with the Federal Law "On OSAGO", as well as quickly track changes made to it by orders or other regulatory documents, are specialized legal bases. On the Internet, there are two main portals that provide current editions of laws.
- Consultant Plus. It allows you to familiarize yourself with the already amended text of the Law, as well as see the changes made by each edition in the general table.
- Legal base of the "Guarantor". Provides relevant texts of laws, and also allows you to find out the latest news on the adoption of new regulations and upcoming bills. If necessary, you can download the required Federal Law.
Legal frameworks are practically the only way to quickly track ongoing changes to the legislation of the Russian Federation.
Key Points
Federal Law No. 40-Federal Law - the main regulatory act establishing the provisions regarding liability that occurred during an accident if the participant is registered under the CTP program. He is called:
- Establish compulsory insurance if you intend to operate the car;
- Identify objects that are subject to CTP;
- Calculate the amount of compensation and determine when it should be paid4
- Regulate the procedure and rules for making payments;
- To control the activities of insurance companies, including determining the conditions under which a company can engage in the execution of transport insurance contracts.
Application for CTP insurance policy - how to fill out correctly and why is it important?
The Federal Law applies to various categories of persons. Monitoring compliance with the provisions assigned to the police, including traffic police inspectors.
Why it is important for a motorist to know about the Law
The legislation blames the culprit of the accident for the compensation of the damage caused as a result of the accident. If the last OSAGO policy has an obligation to pay compensation, it transfers to the company with which the insurance contract is concluded. But the selected company transfers money cases only subject to a certain procedure for registering accidents.
Here Federal Law No. 40-ФЗ comes into force. Only if the rules specified therein are followed and the deadlines are met, can a motorist count on the assistance of an insurance company. Ignorance of the provisions of the Law "On OSAGO" may entail the refusal of the company to pay compensation, as in case No. 2-9/2016, examined by the South Sakhalin court.
Failure to comply with the deadlines established in the specified regulatory act led to the entry into force of article 14, establishing the possibility of a recourse. That is, in fact, the money had to be paid to the client of the insurer company involved in the accident.
What changes are planned in the future?
OSAGO rules with the latest amendments are planned to be further developed, since there are many provisions that require adjustment. Legislation in the field of vehicle insurance must be reviewed primarily in areas related to the registration of electronic policies.
In particular, the government plans to revise the liability for knowingly false information when making insurance online.
In the future, it is also planned to make adjustments regarding the following issues.
RUSSIAN FEDERATION
ON MANDATORY CIVIL INSURANCE
RESPONSIBILITIES OF OWNERS OF VEHICLES
(as amended by Federal laws of 23.06.2003 N 77-ФЗ,
dated December 29, 2004 N 199-ФЗ, dated July 21, 2005 N 103-ФЗ,
dated November 25, 2006 N 192-ФЗ, dated December 30, 2006 N 266-ФЗ,
dated 01.12.2007 N 306-ФЗ, dated 23.07.2008 N 160-ФЗ,
dated December 25, 2008 N 281-ФЗ, dated December 30, 2008 N 309-ФЗ,
dated 28.02.2009 N 30-ФЗ, dated 27.12.2009 N 344-ФЗ,
dated 12.27.2009 N 362-ФЗ, dated 01.02.2010 N 3-ФЗ,
dated April 22, 2010 N 65-ФЗ, dated December 28, 2010 N 392-ФЗ,
dated 02/07/2011 N 4-ФЗ,
as amended by the Federal Law of December 24, 2002 N 176-ФЗ,
By the decision of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P,
Federal Law of 16.05.2008 N 73-ФЗ)
In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational basis for compulsory civil liability insurance of vehicle owners (hereinafter - compulsory insurance).
Chapter I. GENERAL PROVISIONS
Article 1. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
vehicle - a device designed to transport people, goods or equipment installed on it on roads;
use of a vehicle - operation of a vehicle associated with its movement within roads (road traffic), as well as in territories adjacent to them and intended for the movement of vehicles (in yards, in residential areas, in parking lots of vehicles, gas stations and other territories). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in traffic is not a use of the vehicle;
vehicle owner - the owner of the vehicle, as well as the person owning the vehicle on the basis of economic management or the right of operational management or on any other legal basis (rental right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to this person and like that). The person driving the vehicle is not the person driving the vehicle by virtue of the performance of his official or labor duties, including on the basis of an employment or civil law agreement with the owner or other owner of the vehicle;
driver - a person driving a vehicle. When learning to drive a vehicle, a driver is considered a training person;
victim - a person whose life, health or property was harmed when the vehicle was used by another person, including a pedestrian, the driver of the injured vehicle, and the passenger of the vehicle - a participant in a traffic accident;
the place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;
compulsory civil liability insurance contract for vehicle owners (hereinafter referred to as the compulsory insurance contract) is an insurance contract under which the insurer undertakes to compensate the injured for their life caused by the event upon the occurrence of the event (insured event) stipulated in the contract , health or property (to make insurance payment) within the amount determined by the contract (insurance amount). The contract of compulsory insurance is concluded in the manner and on the conditions provided for by this Federal Law, and is public;
policyholder - a person who has concluded a compulsory insurance contract with the insurer;
insurer - an insurance organization which is entitled to carry out compulsory insurance of civil liability of vehicle owners in accordance with a permit (license) issued by the federal executive authority for supervision of insurance activities in the manner established by the legislation of the Russian Federation;
insured event - the occurrence of civil liability of the vehicle owner for harm to life, health or property of the injured when using the vehicle, entailing, in accordance with the contract of compulsory insurance, the obligation of the insurer to make insurance payment;
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
insurance rates - the price rates established in accordance with this Federal Law, applied by insurers in determining the insurance premium under a compulsory insurance agreement and consisting of base rates and ratios;
compensation payments - payments that are made in accordance with this Federal Law in cases where the insurance payment for compulsory insurance cannot be made;
the representative of the insurer in the constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) is a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation that exercises, within the limits provided for by civil law, the powers of the insurer to review the claims of victims regarding insurance payments and their implementation, or another insurer that exercises these powers at the expense of the insurer who has concluded the compulsory insurance contract on the basis of the contract with the insurer;
direct damages - damage to property of the victim, carried out in accordance with this federal law by the insurer who insured the civil liability of the victim - the owner of the vehicle.
Article 2. Legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners
1. The legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners consists of the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.
2. If other rules are established by an international treaty of the Russian Federation than those provided for by this Federal Law, the rules of the international treaty shall apply.
Section 3. Basic Principles of Compulsory Insurance
The basic principles of compulsory insurance are:
a guarantee of compensation for harm caused to the life, health or property of victims, to the extent established by this Federal Law;
By the Decree of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P, the provisions of the paragraphs of the third and fourth articles 3, fixing the obligation to insure the risk of civil liability by vehicle owners and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners did not fulfill this obligation, were recognized as not contradicting Constitution of the Russian Federation.
universality and compulsory liability insurance of vehicle owners;
inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the obligation to insure their civil liability established by this Federal Law;
the economic interest of vehicle owners in improving road safety.
Chapter II CONDITIONS AND PROCEDURE FOR CARRYING OUT MANDATORY INSURANCE
Article 4. Obligation of vehicle owners to insure civil liability
1. Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may arise as a result of harm to life, health or property of other persons when using vehicles.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
The liability liability insurance covers the owners of all vehicles used in the Russian Federation, with the exception of cases provided for in paragraphs 3 and 4 of this article.
By the Decree of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P, the provisions of paragraph 2 of Article 4, fixing the obligation to insure the risk of civil liability by vehicle owners and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners did not fulfill this obligation, are recognized as not contradicting the Constitution of the Russian Federation .
2. If a right to own a vehicle arises (acquires it, obtains it in economic management or operational management, etc.), the vehicle owner is obligated to insure his civil liability before registering the vehicle, but no later than five days after the right to own it .
3. The liability liability insurance does not apply to owners:
a) vehicles with a maximum design speed of not more than 20 kilometers per hour;
b) vehicles that, according to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in traffic on the territory of the Russian Federation;
c) vehicles of the Armed Forces of the Russian Federation, other troops, military units and bodies in which military service is provided, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation, other troops military units and organs;
(subparagraph "c" as amended by Federal Law of June 23, 2003 No. 77-FZ)
d) vehicles registered in foreign states, if the civil liability of the owners of such vehicles is insured under international compulsory insurance systems to which the Russian Federation is a participant;
e) car trailers owned by citizens.
(subparagraph "d" is introduced by the Federal Law of 01.12.2007 N 306-FZ)
4. The liability for liability insurance does not apply to the owner of the vehicle, the liability risk of which is insured by another person (policyholder) in accordance with this Federal Law.
5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily insure themselves in case of insufficiency of the insurance payment for compulsory insurance for full compensation of harm caused to life, health or property of victims, as well as in case of occurrence liability not related to insurance risk for compulsory insurance (Clause 2, Article 6 of this Federal Law).
6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate the harm caused to the life, health or property of the victims, in accordance with civil law.
Persons who violate the requirements for compulsory civil liability insurance of vehicle owners established by this Federal Law are liable in accordance with the legislation of the Russian Federation.
Section 5. Compulsory Insurance Rules
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
1. The procedure for the implementation of the rights and obligations of the parties specified in this Federal Law and other federal laws under a compulsory insurance contract is established by the Government of the Russian Federation in the rules of compulsory insurance.
2. The rules of compulsory insurance, along with other provisions, include the following provisions:
a) the procedure for the conclusion, amendment, extension, early termination of the contract of compulsory insurance;
b) the procedure for paying insurance premiums;
c) a list of actions of persons in the implementation of compulsory insurance, including in the event of an insured event;
d) the procedure for determining the amount of compensable losses and making insurance payments;
e) the procedure for resolving compulsory insurance disputes.
3. The rules of compulsory insurance may also contain the provisions of this Federal Law and other federal laws that determine the terms of the contract of compulsory insurance.
On the refusal to accept for consideration a request to challenge the constitutionality of Article 6, see Resolution of the Constitutional Court of the Russian Federation of 05.31.2005 N 6-P.
Section 6. Object of Compulsory Insurance and Insurance Risk
1. The object of compulsory insurance shall be property interests related to the risk of civil liability of the vehicle owner for obligations arising from damage to life, health or property of the injured when using the vehicle in the territory of the Russian Federation.
2. The insurance risk for compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, with the exception of cases of liability due to:
a) harm when using a vehicle other than that specified in the contract of compulsory insurance;
b) causing moral harm or the occurrence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, trials or driving in specially designated places;
d) environmental pollution;
e) damage caused by the effect of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the corresponding type of compulsory insurance;
f) causing harm to the life or health of employees in the performance of their labor duties, if this damage is compensable in accordance with the law on the appropriate form of compulsory insurance or compulsory social insurance;
g) the obligation to compensate the employer for losses caused by harm to the employee;
h) damage caused by the driver to the vehicle driven by it and to the trailer to it, the cargo transported by them, the equipment installed on them and other property;
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ) i) causing harm when loading cargo onto a vehicle or unloading it;
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and semiprecious stones, cash, securities, religious objects, as well as works of science, literature and art, other intellectual property;
k) the obligation of the owner of the vehicle to compensate for the damage exceeding the amount of liability stipulated by the rules of Chapter 59 of the Civil Code of the Russian Federation (in case the higher amount of liability is established by federal law or by agreement).
In the event of civil liability of vehicle owners in the cases specified in this paragraph, the damage caused shall be compensated by them in accordance with the legislation of the Russian Federation.
Section 7. Sum Insured
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
The insured amount, within which the insurer undertakes to indemnify the injured party upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract), is:
a) regarding compensation for damage caused to the life or health of each victim, not more than 160 thousand rubles;
b) regarding compensation for damage caused to the property of several victims, not more than 160 thousand rubles;
c) regarding compensation for damage caused to the property of one victim, not more than 120 thousand rubles.
Section 8. State Regulation of Insurance Rates
1. State regulation of insurance tariffs is carried out through the establishment of economically sound insurance tariffs or their maximum levels in accordance with this Federal Law, as well as the structure of insurance tariffs and the procedure for their application by insurers in determining the insurance premium under a compulsory insurance contract.
By the Decision of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P, the provision of the paragraph of the first paragraph of Article 8, which gives the Government of the Russian Federation the power to establish insurance tariffs for compulsory insurance (their maximum levels), was recognized as not contradicting the Constitution of the Russian Federation.
2. Insurance rates for compulsory insurance (their maximum levels), the structure of insurance rates and the procedure for their use by insurers when determining the insurance premium under a compulsory insurance agreement, with the exception of insurance rates (their maximum levels), structure of insurance rates and the procedure for their application by insurers insurance premiums under international insurance systems are established by the Government of the Russian Federation in accordance with this Federal Law.
(as amended by Federal Law of December 27, 2009 N 362-ФЗ)
3. The validity period of the established insurance rates may not be less than six months.
A change in insurance tariffs does not entail a change in the insurance premium under the compulsory insurance contract during its validity period, paid by the policyholder at the current insurance tariffs in force at the time of payment.
4. Full or partial compensation to certain categories of policyholders of the insurance premiums paid by them by increasing insurance premiums for other categories of policyholders is not allowed.
5. Annual statistics on compulsory insurance are subject to official publication by the federal executive body for the supervision of insurance activities.
Article 9. Basic rates and coefficients of insurance rates
1. Insurance rates consist of base rates and odds. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff ratios.
The basic rates of insurance tariffs are set depending on the technical characteristics, design features and purpose of vehicles, significantly affecting the likelihood of harm when using them and the potential amount of harm caused.
2. The coefficients included in the insurance tariffs are set depending on:
a) the territory of preferential use of the vehicle, which is determined for individuals based on the place of residence of the vehicle owner specified in the vehicle passport or certificate of registration of the vehicle or in the passport of a citizen, for legal entities - at the place of registration of the vehicle;
b) the presence or absence of insurance payments made by insurers in previous periods when compulsory insurance of civil liability of the owners of the vehicle, and in the case of compulsory insurance with limited use of the vehicle, providing for driving the vehicle only by the drivers indicated by the policyholder, the presence or absence of insurance payments, made by insurers in previous periods in the implementation of mandatory Achievement of civil liability of each of these drivers;
c) technical characteristics of vehicles;
d) seasonal use of vehicles;
e) other circumstances significantly affecting the amount of insurance risk.
2.1. For cases of compulsory third party liability insurance of citizens using their vehicles, insurance rates also establish coefficients that take into account whether the condition that the drivers specified by the policyholder are allowed to drive the vehicle and, if such a condition is provided, their driving experience, age.
3. In addition to the coefficients established in accordance with clause 2 of this article, insurance rates provide for the coefficients that are used for mandatory civil liability insurance of vehicle owners:
knowingly false information to the insurer about the circumstances requested by him, affecting the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;
intentionally assisted in the occurrence of an insured event or an increase in losses associated with it, or deliberately distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
who caused harm under the circumstances that formed the basis for the submission of a recourse claim (Article 14 of this Federal Law).
The coefficients specified in this clause are applied by insurers upon conclusion or extension of a compulsory insurance contract for a year following the period in which the insurer became aware of the completion of the actions provided for in this clause (inaction).
4. The maximum size of the insurance premium under a compulsory insurance contract may not exceed three times the base rate of insurance tariffs adjusted for the territory of preferential use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five-fold amount.
5. Insurance rates may additionally provide for basic rates and coefficients used by insurers in the course of compulsory insurance of civil liability of vehicle owners registered in foreign states and temporarily used in the territory of the Russian Federation.
6. Insurance rates established in accordance with this Federal Law are mandatory for use by insurers. Insurers are not entitled to apply rates and / or coefficients other than those established by insurance rates.
On the refusal to accept for consideration a request to challenge the constitutionality of Article 10, see Resolution of the Constitutional Court of the Russian Federation of 05.31.2005 N 6-P.
Section 10. Duration of Compulsory Insurance Contract
1. The validity period of a compulsory insurance contract is one year, with the exception of cases for which other terms of such a contract are provided for by this article.
2. Owners of vehicles registered in foreign states and temporarily used in the territory of the Russian Federation enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but for no less than 5 days.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
3. Upon purchase of a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner is entitled to conclude a compulsory insurance contract for the duration of the journey to the place of registration of the vehicle. In this case, the owner of the vehicle is obliged to conclude a compulsory insurance contract for one year before registration in accordance with the provisions of paragraph 1 of this article.
In accordance with Federal Law dated 01.12.2007 N 306-ФЗ from March 1, 2009, article 11 of this document will be supplemented by paragraphs 8 - 11.
Article 11. Actions of policyholders and victims upon occurrence of an insured event
1. If the policyholder is a participant in a traffic accident, he is obliged to inform other participants of the specified accident, upon their request, about the compulsory insurance contract, under which the civil liability of the owners of this vehicle is insured.
The obligation stipulated by this clause is also assigned to the driver who drives the vehicle in the absence of the policyholder.
2. On cases of causing harm when using the vehicle, which may entail the civil liability of the insured, he is obliged to inform the insurer within the time period established by the contract of compulsory insurance and the method specified by this contract.
In this case, the insurer must satisfy the insurer and act in accordance with his instructions before satisfying the claims of the victims regarding compensation for the harm caused to them, and if the insured is sued, bring the insurer to participate in the case. Otherwise, the insurer has the right to raise objections to the claim for insurance payment that he had regarding claims for compensation for the damage caused.
3. If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible.
4. The provisions of this Federal Law relating to victims shall also apply to persons who have suffered damage as a result of the death of the breadwinner, the heirs of the victims and other persons who, in accordance with civil law, are entitled to compensation for harm caused to them when using vehicles by other persons.
5. In order to resolve the issue of making insurance payment, the insurer accepts documents about a traffic accident drawn up by authorized police officers, with the exception of the case provided for in clause 8 of this article.
(Clause 5 was introduced by the Federal Law of 01.12.2007 N 306-ФЗ, as amended by the Federal Law of 07.02.2011 N 4-ФЗ)
6. Documents on a traffic accident can be executed in the presence of an insurer or a representative of an insurer who arrived according to a message from a participant in a traffic accident.
7. Drivers of vehicles involved in a traffic accident shall fill out forms of traffic accident notices issued by insurers. Drivers inform policyholders of a traffic accident and the completion of such notice forms.
8. Without the participation of authorized police officers, paperwork on a traffic accident can be carried out in the manner determined by the Government of the Russian Federation, if the following circumstances exist simultaneously:
b) a traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law;
c) the circumstances of the damage caused by damage to property as a result of a road accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road accident and are recorded in the notices of the road accident, the forms of which were filled in by the drivers involved in the road accident vehicle accident in accordance with the rules of compulsory insurance.
(Clause 8 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
9. In the event that documents about a traffic accident were completed without the participation of authorized police officers, the completed traffic accident notification forms together with the victim's application for insurance payment are sent to the insurer to determine the amount of losses to be compensated.
(as amended by Federal Law of 07.02.2011 N 4-ФЗ)
The insurer has the right to appoint an independent examination of vehicles involved in a road accident in case of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) the circumstances of damage caused by damage to property as a result of a road accident recorded in the submitted traffic accident notices.
(Clause 9 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
10. In the event that documents about a traffic accident were completed without the participation of authorized police officers, the amount of insurance indemnity due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
(Clause 10 was introduced by the Federal Law of 01.12.2007 N 306-ФЗ, as amended by the Federal Law of 07.02.2011 N 4-ФЗ)
11. A victim who has received insurance payment on the basis of clauses 8–10 of this article shall not be entitled to submit additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.
The victim has the right to contact the insurer, who has insured the civil liability of the person who caused the damage, for compensation for damage that has been caused to life or health, arising after the presentation of the claim for insurance payment and which the victim did not know at the time of the presentation of the claim.
(Clause 11 was introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
Section 12. Determination of the amount of insurance payment
1. The size of the insurance indemnity due to the victim in compensation for damage caused to his health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.
The amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons entitled in accordance with civil law to compensation for harm in the event of the death of the victim (breadwinner);
no more than 25 thousand rubles for reimbursement of burial expenses - to persons who have incurred these expenses.
(Clause 1 as amended by the Federal Law of 01.12.2007 N 306-FZ)
1.1. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of the harm caused to the life or health of the victim.
(Clause 1.1 was introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
2. In the event of damage to property, the victim, who intends to exercise his right to insurance payment, is obliged to submit the damaged property or its remains to the insurer for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the damage and determine the amount of losses to be compensated.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
If the inspection and (or) independent examination (assessment) of the damaged property or its residues submitted by the victims does not allow us to reliably establish the existence of the insured event and the amount of losses to be compensated under the compulsory insurance agreement, the insurer has the right to inspect the vehicle of the insured to clarify these circumstances, when used, the victim was harmed, and (or) at his own expense entitled to organize and pay for an independent examination in relation to this nsportnogo means. The policyholder is required to provide this vehicle at the request of the insurer.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
2.1. The amount of compensable losses in case of damage to the property of the victim is determined:
a) in the event of the complete destruction of the property of the victim, in the amount of the actual value of the property on the day the insured event occurs. Full loss means cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value at the date of the insured event;
b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the insured event occurred.
(Clause 2.1 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
2.2. The expenses referred to in clause 2.1 of this article shall also include expenses for materials and spare parts necessary for restoration repair, expenses for payment for work related to such repair. The amount of expenses for materials and spare parts is determined taking into account the wear of components (parts, assemblies and assemblies) to be replaced during restoration repair, in the manner established by the Government of the Russian Federation. At the same time, the specified components (parts, assemblies and assemblies) may not be charged with wear and tear of more than 80 percent of their value.
(Clause 2.2 was introduced by the Federal Law of 01.12.2007 N 306-ФЗ, as amended by the Federal Law of 01.02.2010 N 3-ФЗ)
3. The insurer is obliged to inspect the damaged property and (or) organize its independent examination (assessment) within no more than five working days from the date of the appropriate appeal of the victim, unless otherwise agreed by the insurer with the victim.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
If the nature of the damage or the features of the damaged property exclude its submission for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to a vehicle that excludes its participation in traffic), the said inspection and independent examination (assessment) is carried out at the location of the damaged property within the time period established by this paragraph.
The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive to inspect and (or) organize an independent examination (assessment) of the damaged property, taking into account the territorial features of their conduct in remote, remote or sparsely populated areas. In the event that, based on the results of the inspection of the damaged property by the insurer, the insurer and the victim have agreed on the size of the insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such examination may not be carried out.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
4. If, after an inspection by the insurer of the damaged property, the insurer and the victim have not agreed on the size of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim must provide the damaged property for an independent examination (assessment).
If the insurer has not examined the damaged property and (or) has not organized its independent examination (assessment) within the time period specified in clause 3 of this article, the victim shall have the right to independently apply for such examination (assessment) without presenting the damaged property to the insurer for inspection.
(Clause 4 as amended by the Federal Law of 01.12.2007 N 306-FZ)
5. The cost of an independent examination (appraisal), on the basis of which the insurance payment is made, is included in the losses to be compensated by the insurer under the compulsory insurance agreement.
6. The insurer has the right to refuse the victim in the insurance payment or part thereof, if the repair of the damaged property or the disposal of its balances, carried out before the inspection and (or) independent examination (assessment) of the damaged property in accordance with the requirements of this article, does not allow to reliably establish the existence of the insured event and the amount of losses to be reimbursed under the compulsory insurance contract.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
7. In order to clarify the circumstances of the occurrence of the insured event, to establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.
The rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintaining the state register of expert technicians, are approved by the federal executive body authorized by the Government of the Russian Federation.
Section 13. Insurance Payment
1. The victim shall have the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the insurance amount. The application of the victim containing the claim for insurance payment, with documents attached to it about the occurrence of the insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or his representative authorized by the insurer to consider the said claims of the victim and make insurance payments.
The location and mailing address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, the means of communication with them and information about the time of their work should be indicated in the insurance policy.
2. The insurer considers the application of the victim for insurance payment and the documents attached to it provided for by the rules of compulsory insurance within 30 days from the day they are received. During the specified period, the insurer is obliged to make insurance payment to the victim or send him a reasoned refusal to make such payment.
In case of failure to fulfill this obligation, the insurer shall pay the penalty (fines) to the victim in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day when the insurer was to fulfill this obligation, from the amount of insurance established by Article 7 of this Federal Law by type compensation for harm to each victim.
The amount of the penalty (penalty) payable to the victim may not exceed the amount of the sum insured for the type of compensation for harm to each victim, established by Article 7 of this Federal Law.
Until the full determination of the amount of damage to be compensated, the insurer, upon the application of the victim, is entitled to make part of the insurance payment corresponding to the actually determined part of the specified damage.
By agreement with the victim and under the conditions provided for by the contract of compulsory insurance, the insurer shall be entitled to arrange and pay for the repair of the damaged property against insurance payments.
(Clause 2 as amended by Federal Law of 01.12.2007 N 306-FZ)
3. When several victims apply in case of damage to their life or health as a result of one insured event, insurance payments must be made taking into account the requirements of paragraph 1 of Article 12 of this Federal Law.
If the amount of claims made by several victims to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insurance event exceeds the insurance amount established by Article 7 of this Federal Law, insurance payments shall be made in proportion to the ratio of this insurance amount to the amount of the said claims of the victims (subject to restrictions on insurance payments in terms of compensation for damage caused to the property of one victim, in accordance with Article 7 of this Federation ceiling elements of the law).
4. The insurer is exempted from the obligation to make insurance payment in cases stipulated by law and (or) the compulsory insurance contract.
Section 14. Right of insurer's recourse claim
The insurer has the right to submit a recourse claim to the person who caused the damage in the amount of the insurance payment made by the insurer if:
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
as a result of the intent of the indicated person, harm was caused to the life or health of the victim;
the damage was caused by the indicated person while driving while intoxicated (alcoholic, narcotic or otherwise);
the specified person did not have the right to drive a vehicle, during the use of which he was harmed;
the specified person fled the scene of the accident;
the specified person is not included in the compulsory insurance contract as a person authorized to drive a vehicle (upon entering into a compulsory insurance contract with the condition that the vehicle is used only by drivers specified in the compulsory insurance contract);
the insured event occurred when the indicated person used the vehicle during the period not provided for by the compulsory insurance contract (upon conclusion of the compulsory insurance contract with the condition of using the vehicle during the period provided for by the compulsory insurance contract).
At the same time, the insurer also has the right to demand from the specified person compensation for expenses incurred in considering the insured event.
Article 14.1. Direct damages
1. The victim has the right to submit a claim for compensation for harm caused to his property directly to the insurer, who insured the civil liability of the victim, if the following circumstances exist simultaneously:
a) as a result of a traffic accident, damage is caused only to property;
b) a traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law.
2. The insurer, who insured the civil liability of the victim, assesses the circumstances of the traffic accident set forth in the notice of the traffic accident and, on the basis of the submitted documents, makes compensation to the victim at his request in accordance with the rules of compulsory insurance.
3. The exercise of the right to direct compensation for losses does not limit the right of the victim to apply to the insurer, who has insured the civil liability of the person who caused the damage, for compensation for damage that has been caused to life or health, which has arisen after presenting a claim for insurance payment and which the victim did not know at the time making a claim.
4. The insurer who insured the civil liability of the victim shall compensate the damage caused to the property of the victim in the amount of the insurance payment on behalf of the insurer who insured the civil liability of the person who caused the harm (provides direct compensation for losses), in accordance with the agreement on direct compensation for losses ( Article 26.1 of this Federal Law) subject to the provisions of this Article.
5. The insurer who has made direct compensation for losses has the right to claim the amount of the insurance payment to the insurer who insured the civil liability of the person who caused the damage, or to the person who caused the damage in the cases provided for in Article 14 of this Federal Law.
6. The insurer who has insured the civil liability of the person who caused the harm is obliged to reimburse the insurer who made direct compensation for losses to the injured party in accordance with the agreement on direct compensation for losses (Article 26.1 of this Federal Law) against the insurance payment under the compulsory insurance contract.
(as amended by Federal Law of 01.02.2010 N 3-ФЗ)
Section 15. Procedure for Compulsory Insurance
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance agreements with insurers, in which vehicles are indicated whose civil liability is insured.
2. The compulsory insurance contract is concluded with respect to the owner of the vehicle, persons indicated by him in the compulsory insurance contract, or with respect to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally.
3. In order to conclude a compulsory insurance contract, the policyholder shall submit to the insurer the following documents:
a) an application for the conclusion of a compulsory insurance contract;
b) a passport or other identification document (if the policyholder is an individual);
c) certificate of state registration of a legal entity (if the policyholder is a legal entity);
d) a document on the registration of a vehicle issued by the authority registering the vehicle (vehicle passport, certificate of registration of the vehicle, technical passport or technical coupon or similar documents);
e) a driver’s license or a copy of a driver’s license of a person authorized to drive a vehicle (in the event that a compulsory insurance contract is concluded provided that only certain persons are allowed to drive the vehicle).
4. By agreement of the parties, the policyholder is entitled to submit copies of the documents necessary for concluding a compulsory insurance contract.
5. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign country and temporarily used in the territory of the Russian Federation shall submit the documents provided for in subparagraphs b, d, e of paragraph 3 of this article.
6. Owners of vehicles used to transport passengers on regular routes are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract in accordance with the requirements established by the federal executive body in the field of transport.
7. When concluding a compulsory insurance contract, the insurer hands the policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance. The compulsory insurance policy form is a strict reporting document.
8. During the term of the compulsory insurance contract, the policyholder shall immediately inform the insurer in writing about the change in the information specified in the application for the conclusion of the compulsory insurance contract.
9. Upon receipt of a notice from the policyholder about changes in the information specified in the application for the conclusion of the compulsory insurance contract and (or) provided upon conclusion of this contract, the insurer makes changes to the compulsory insurance policy.
10. Upon termination of the compulsory insurance contract, the insurer shall provide the insurer with information on the number and nature of the insured events, on the insurance payments made and on the forthcoming insurance payments, on the duration of the insurance, on the claims considered and outstanding by the victims about insurance payments and other insurance information during the validity period compulsory insurance agreement (hereinafter - insurance information). Insurance information is provided by insurers free of charge in writing.
Information about insurance is provided by the vehicle owner to the insurer during the implementation of compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance agreement.
11. The federal executive body authorized by the Government of the Russian Federation shall establish a form for an application for concluding a compulsory insurance contract, a form for compulsory insurance policy and a form for a document containing insurance information.
(as amended by the Federal Law of July 23, 2008 N 160-ФЗ)
Article 16. Compulsory insurance for limited use of vehicles
1. Vehicle owners have the right to conclude compulsory insurance contracts taking into account the limited use of vehicles owned or owned by them.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
Limited use of vehicles owned or owned by citizens is recognized as driving only the drivers specified by the policyholder and (or) seasonal use of vehicles for three or more months in a calendar year.
The limited use of vehicles owned or owned by legal entities recognizes their seasonal use, in particular the use of snowplows, agricultural, irrigation and other special vehicles for six months or more in a calendar year.
(paragraph introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
The owner of the vehicle is entitled to notify the insurer in writing of these circumstances when concluding a compulsory insurance contract. In this case, the insurance premium under the compulsory insurance contract, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by insurance rates and taking into account the driving experience, age and other personal data of the drivers allowed to drive the vehicle, and (or) provided for by the contract of compulsory insurance period of its use (Clause 2, Article 9 of this Federal Law).
2. When carrying out compulsory insurance, taking into account the limited use of the vehicle, the insurance policy shall indicate the drivers who are allowed to drive the vehicle, including on the basis of the relevant power of attorney, and (or) the period of use specified in the compulsory insurance agreement.
3. During the term of the compulsory insurance agreement, taking into account the limited use of the vehicle, the policyholder must immediately inform the insurer in writing about the transfer of control of the vehicle to drivers not specified in the insurance policy as authorized to drive the vehicle, and (or) to increase the period its use beyond the period specified in the contract of compulsory insurance. Upon receipt of such a message, the insurer makes the appropriate changes to the insurance policy. At the same time, the insurer has the right to demand the payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
Article 17. Compensation of insurance premiums under a compulsory insurance contract
1. Disabled persons (including children with disabilities) who have vehicles in accordance with medical indications, or their legal representatives are compensated in the amount of 50 percent of the insurance premium they paid under a compulsory insurance contract.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
The specified compensation is provided subject to the use of the vehicle by a person entitled to such compensation, and along with it no more than two drivers.
(paragraph introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
Compensation of insurance premiums under a compulsory insurance contract is an expense obligation of the Russian Federation.
(as amended by the Federal Law of December 29, 2004 N 199-FZ)
The Russian Federation delegates to the state authorities of the constituent entities of the Russian Federation the right to pay insurance premiums to persons with disabilities under a compulsory insurance contract established by this article.
Funds for the implementation of the delegated powers to provide the specified measures of social support are provided for in the Federal Compensation Fund formed in the federal budget in the form of subventions.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
The amount of funds provided for by the budget of a constituent entity of the Russian Federation is determined on the basis of the number of persons entitled to these social support measures, as well as the amount of insurance premiums calculated in accordance with this Federal Law.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
Subventions are credited in the manner prescribed for the execution of the federal budget to the accounts of budgets of the constituent entities of the Russian Federation.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
The procedure for spending and accounting funds for the provision of subventions is established by the Government of the Russian Federation.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
The state authorities of the constituent entities of the Russian Federation submit a quarterly report to the federal executive body, which is developing a unified state financial, credit, monetary policy, on the expenditure of the granted subventions, indicating the number of persons entitled to these social support measures, categories of recipients, as well as indicating volume of expenses incurred. If necessary, additional reporting data is presented in the manner determined by the Government of the Russian Federation.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
If the funds are used for other purposes, the authorized federal executive body has the right to recover the specified funds in the manner established by the legislation of the Russian Federation.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
Control over the expenditure of funds is carried out by the federal executive body, which exercises control and supervision functions in the financial and budgetary sphere, the federal executive body, which exercises control and supervision functions in the field of health and social development, and the Accounts Chamber of the Russian Federation.
(paragraph introduced by the Federal Law of December 29, 2004 N 199-FZ)
2. State authorities of the constituent entities of the Russian Federation and local governments within their powers are entitled to establish full or partial compensation of insurance premiums under compulsory insurance contracts to other categories of citizens. Sources of financing and the procedure for the provision of these compensations are determined in accordance with regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local authorities.
Chapter III. COMPENSATION PAYMENTS
(as amended by Federal Law of July 21, 2005 N 103-FZ)
Article 18. The right to receive compensation payments
(as amended by Federal Law of July 21, 2005 N 103-FZ)
1. Compensation payment in respect of compensation for harm caused to the life or health of the victim is carried out in cases where insurance payment for compulsory insurance cannot be made due to:
b) revocation of the license from the insurer for insurance activities;
c) the unknown person responsible for the harm caused to the victim;
d) the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to failure to fulfill the insurance obligation established by this Federal Law.
2. Compensation payment in respect of compensation for damage caused to the property of the victim shall be made in cases where insurance payment for compulsory insurance cannot be made due to:
a) applying bankruptcy procedures to the insurer as provided for by federal law;
b) revocation of the license from the insurer to carry out insurance activities.
3. On the territory of the Russian Federation, foreign citizens, stateless persons and foreign legal entities shall be entitled to receive compensation payments on an equal basis with citizens of the Russian Federation and Russian legal entities.
(Clause 3 as amended by the Federal Law of 01.12.2007 N 306-FZ)
6. A claim at the request of the victim for compensation payments may be brought within three years.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
Section 19. Making Compensation Payments
1. According to the requirements of the victims, compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law.
The consideration of victims' claims for compensation payments, the implementation of compensation payments and the exercise of claim rights provided for in Article 20 of this Federal Law may be carried out by insurers acting at the expense of a professional association on the basis of agreements concluded with it.
2. The relations between the beneficiary and the professional association of insurers regarding compensation payments by analogy shall be subject to the rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance agreement. The relevant provisions apply insofar as otherwise is not provided for by federal law and does not follow from the essence of such relations.
Compensation payments are established:
regarding compensation for harm caused to the life or health of each victim, in the amount of not more than 160 thousand rubles, taking into account the requirements of paragraph 1 of Article 12 of this Federal Law;
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
in terms of compensation for damage caused to the property of several victims, in the amount of not more than 160 thousand rubles and not more than 120 thousand rubles when causing damage to the property of one victim.
Moreover, the specified compensation payments are reduced by an amount equal to the amount made by the insurer and (or) the person responsible for the damage caused to partial compensation of harm.
(Clause 2 as amended by the Federal Law of July 21, 2005 N 103-FZ)
Section 20. Collection of Compensation Payments
1. The amount of the compensation payment made to the victim in accordance with subparagraphs “c” and “g” of paragraph 1 of Article 18 of this Federal Law shall be recovered in the course of recourse in the suit of the professional association of insurers from the person responsible for the damage caused to the victim.
(as amended by Federal Law of July 21, 2005 N 103-FZ)
The professional association of insurers also has the right to demand from the specified person compensation for the expenses incurred to consider the victim's claim for compensation.
2. Within the limits of the compensation payment made to the victim in accordance with subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has to the insurer shall pass to the professional association of insurers .
(as amended by Federal Law of July 21, 2005 N 103-FZ)
Chapter IV INSURERS
Article 21. Insurers
1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider the claims of victims regarding insurance payments and to make insurance payments.
By the Resolution of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P, clause 2 of Article 2, as granting the right to obtain a license for civil liability insurance of vehicle owners to insurers only to insurance companies that are members of a professional association of insurers, is recognized as not contradicting the Constitution of the Russian Federation.
2. Insurers must be members of a professional association of insurers operating in accordance with this Federal Law.
3. A necessary requirement for an insurance organization applying for a permit (license) for compulsory insurance of civil liability of vehicle owners is that this insurance organization has at least two years of experience in performing operations on insurance of vehicles or civil liability of their owners.
Insurers and their representatives should be located in premises adapted to fulfill their functions.
4. The insurer has the right to carry out insurance operations within the framework of international insurance systems, provided that this insurer is included in the list of insurers engaged in insurance operations within the framework of international insurance systems. The maintenance of this list is carried out by a professional association of insurers.
(Clause 4 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
5. To be included in the list of insurers engaged in insurance operations under international insurance systems, the insurer must:
a) be a member of a professional association of insurers;
b) contribute to the current liabilities fund, formed by a professional association of insurers in accordance with this Federal Law, a contribution in the amount equivalent to 500 thousand euros at the rate of the Central Bank of the Russian Federation established on the day of payment.
(Clause 5 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
6. Information about the insurers included in the list of insurers engaged in insurance operations within the framework of international insurance systems shall be sent to the federal executive body for supervision of insurance activities within 30 days from the date of inclusion in the specified list.
(Clause 6 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
7. The professional association of insurers is obliged to quarterly publish the list of insurers carrying out insurance operations within the framework of international insurance systems on its official website on the Internet and publish in the print media with a circulation of at least 10 thousand copies.
(Clause 7 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
Article 22. Features of insurers conducting compulsory insurance operations
1. The organization of the conclusion of compulsory insurance contracts and the placement of advertisements for the services of specific insurers for compulsory insurance in premises and in territories occupied by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments are prohibited.
2. If, in the course of compulsory insurance, the difference between the insurer's income and expenses for the first quarter, six months, nine months, the calendar year (reporting period) exceeds 5 percent of the said income, the excess amount is sent by the insurer to form an insurance reserve to compensate for expenses making insurance payments and direct compensation for losses in subsequent periods (stabilization reserve for compulsory insurance) until this reserve reaches a value equal to 10 percent of the amount insurance reserve of incurred but undeclared losses, formed by the insurer for making insurance payments on compulsory insurance (reserve of incurred but undeclared losses on compulsory insurance) at the end of the reporting period.
(Clause 2 as amended by the Federal Law of February 28, 2009 N 30-FZ)
3. In the implementation of compulsory insurance, insurers form:
reserve for financial support of compensation payments provided for by subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law (reserve of guarantees);
(as amended by Federal Law of July 21, 2005 N 103-FZ)
reserve for financial support of compensation payments made in accordance with subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law (reserve of current compensation payments).
(as amended by Federal Law of July 21, 2005 N 103-FZ)
The amount of contributions to the reserve of guarantees and the reserve of current compensation payments are established in accordance with the structure of insurance rates.
Chapter V. PROFESSIONAL ASSOCIATION OF INSURERS
Section 24. Professional Association of Insurers
1. The professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating in order to ensure their interaction and the formation of professional activity rules for the implementation of compulsory insurance.
2. A professional association of insurers is created with the consent of the federal executive body for the supervision of insurance activities.
A professional association of insurers is created and operates in accordance with the provisions of the legislation of the Russian Federation provided for in relation to associations (unions). The specified provisions apply subject to the specifics of the status of a professional association of insurers established by this Federal Law.
3. The professional association of insurers is open to the entry of new members.
The constituent documents of a professional association must contain a provision on the consent of the members of the professional association to the entry of insurance organizations that meet the requirements that, in accordance with the constituent documents of the professional association, are presented to the members of the professional association.
Section 25. Functions and Powers of a Professional Association of Insurers
1. Professional association of insurers:
a) ensures the interaction of its members in the implementation of compulsory insurance, develops and establishes the rules of professional activity binding on the professional association and its members and monitors their compliance;
b) represent and protect in government bodies, local governments, other bodies and organizations interests related to the implementation by members of a professional association of compulsory insurance;
c) makes compensatory payments to victims in accordance with the constituent documents of a professional association and the requirements of this Federal Law, and also exercises the rights of claim provided for in Article 20 of this Federal Law;
c.1) organizes the provision of its members with forms of compulsory insurance policies and forms used in insurance operations within the framework of international insurance systems, and monitors the use of these forms;
(subclause "c.1" is introduced by the Federal Law of December 28, 2010 N 392-ФЗ)
d) compensates for the missing part of the assets during the transfer of the insurance portfolio at the expense of the funds intended for compensation payments, in accordance with the Federal Law of October 26, 2002 N 127-ФЗ "On insolvency (bankruptcy)";
e) performs other functions provided for by the constituent documents of a professional association in accordance with its goals and objectives.
(Clause 1 as amended by the Federal Law of 04.22.2010 N 65-FZ)
2. A professional association of insurers is entitled to:
to form and use information resources containing information on compulsory insurance, including information on compulsory insurance contracts and insured events, personal data on policyholders and victims, with the provision of requirements for the protection of limited access information established by the legislation of the Russian Federation;
protect in court the interests of members of a professional association related to their compulsory insurance;
carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information, organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of a professional association within the framework of international insurance systems.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
A professional association of insurers is entitled to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.
A professional association may carry out commercial activities only to the extent that it serves the achievement of the goals for which it was created and corresponding to these goals.
Article 26. Rules of professional activity
1. The professional association of insurers shall establish the rules binding on the professional association and its members and containing requirements regarding:
a) the procedure and conditions for consideration by members of a professional association of claims of victims of insurance payments under compulsory insurance contracts concluded by other members of the professional association, the procedure and conditions for making said insurance payments;
b) the procedure and conditions for the professional association to make compensatory payments to victims, including the order of satisfaction of the specified requirements in case of insufficient funds of the given professional association, and the procedure for distributing among its members responsibility for the obligations of the professional association related to making compensatory payments;
b.1) the terms of the agreement between members of a professional association of insurers on direct compensation for losses;
(subclause "b.1" is introduced by the Federal Law of 01.12.2007 N 306-FZ)
c) the procedure for financing compensation payments by members of a professional association, measures to control the targeted use of appropriate funds, the procedure for maintaining professional accounting records for operations with funds intended for compensation payments;
c.1) the actions of members of the professional association of insurers and their paperwork when transferring the insurance portfolio, as well as additional conditions and features of the transfer of the insurance portfolio, including the choice of the insurer to whom the insurance portfolio is transferred, when applying measures to prevent the insurer's bankruptcy and during the procedures applied in the bankruptcy case of the insurer, the procedure for determining the amount and payment to the insurer to whom the insurance portfolio has been transferred, the corresponding remuneration;
(subclause "c.1" as amended by the Federal Law of April 22, 2010 N 65-FZ)
d) the formation of information resources of a professional association containing information of limited access, as well as the rules for the protection of these information resources and their use;
e) the procedure for entry into the professional association of new members and withdrawal or exclusion of members from it;
f) the conditions and procedure for the formation and expenditure of funds of a professional association for purposes other than the financing of compensation payments, including the procedure for the distribution of relevant costs, payments, fees and contributions between its members;
g) qualifications of employees;
h) documentation, accounting and reporting rules;
i) protection of the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints about the actions of members of a professional association;
j) the procedures for conducting inspections of the activities of members of a professional association for compulsory insurance and their compliance with established rules, including the creation of a control body and the procedure for familiarizing other members of a professional association with the results of these inspections, as well as requirements for ensuring transparency of information for such inspections;
k) sanctions and other measures against members of a professional association, their officials and employees, the procedure for applying and recording such sanctions and other measures, as well as monitoring their implementation;
l) resolving disputes between members of a professional association that arose when one of the members of a professional association considered the claims of victims and made insurance payments under compulsory insurance contracts concluded by another member of a professional association, as well as other issues of professional activity on compulsory insurance;
m) the rules of professional activity related to the activities of the professional association of insurers and the activities of its members within the framework of international insurance systems and the requirements set forth within such systems, including the procedure for paying contributions, forming and using the fund of current obligations, setting insurance tariffs and procedures their application in determining the insurance premium, as well as the structure of insurance tariffs, including the share of the insurance premium intended for compensation for conclusion of an insurance contract;
(as amended by Federal laws of 01.12.2007 N 306-ФЗ, dated 12/27/2009 N 362-ФЗ)
n) other rules of professional activity on compulsory insurance, the establishment of which is referred to the competence of a professional association by decision of its members;
o) the procedure for recording, storing, destroying and transmitting insurance policy forms;
(subparagraph "p" is introduced by the Federal Law of 01.12.2007 N 306-FZ)
p) establishing the share of remuneration for concluding a compulsory insurance contract from an insurance premium paid by the policyholder under a compulsory insurance contract, within the limits of the insurer's expenses for compulsory insurance;
(subparagraph "r" is introduced by the Federal Law of December 27, 2009 N 362-FZ)
c) the procedure for maintaining and submitting accounting books of concluded compulsory insurance contracts, co-insurance contracts, loss accounting books and prematurely terminated insurance contracts, co-insurance contracts;
(subparagraph "c" is introduced by the Federal Law of April 22, 2010 N 65-FZ)
r) the procedure for providing the members of the professional association of insurers with forms of compulsory insurance policies and forms used in insurance operations within the framework of international insurance systems, and the use of these forms depending on the financial stability and solvency of the members of the professional association of insurers, as well as compliance with membership conditions professional association of insurers.
(subitem “t” is introduced by the Federal Law of December 28, 2010 N 392-ФЗ)
1.1. The requirements specified in subparagraphs "a" - "d", "n", "p" - "t" of paragraph 1 of this article are established and changed by a professional association of insurers in agreement with the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of insurance activities, the requirements specified in subparagraph "t" of paragraph 1 of this article regarding the procedure for providing members of the professional association of insurers with compulsory insurance forms and forms used in insurance operations within the framework of international insurance systems, also in agreement with the federal executive body, which carries out the functions of adopting regulatory legal acts and monitoring compliance with antitrust laws, other requirements provided for in paragraph 1 of this article - by a professional association of insurers subject to notification of the federal executive authority for supervision of insurance activities in the established e tim body order.
(as amended by Federal laws of 01.12.2007 N 306-ФЗ, dated 27.12.2009 N 362-ФЗ, dated 22.04.2010 N 65-ФЗ, dated 28.12.2010 N 392-ФЗ)
2. In the event that the rules of professional activity established by the professional association of insurers violate the rights of other persons, including victims, policyholders, insurance companies that are not members of the professional association, persons whose rights are violated, and the federal executive body for the supervision of insurance activities the right to file a lawsuit on the recognition of these rules as invalid or a lawsuit on making amendments to them.
Persons whose rights are violated have the right to demand compensation from the professional association of insurers for losses caused to them.
Section 26.1. Direct Compensation Agreement
(introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
1. An agreement on direct compensation for losses is concluded between members of a professional association of insurers. Such an agreement defines the procedure and terms of settlements between the insurer who made direct compensation for losses and the insurer who insured the civil liability of the person who caused the harm.
Settlements between these insurers can be made by reimbursing the amount of paid losses for each claim or based on the number of satisfied claims during the reporting period and the average amount of insurance payments.
The requirements for an agreement on direct compensation for losses, the procedure for settlements between these insurers, as well as accounting features for operations related to direct compensation for losses, are established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of insurance.
2. The constituent documents of a professional association of insurers should stipulate that the conclusion of an agreement on direct compensation of losses with all members of such an association is a prerequisite for membership of an insurance organization in a professional association of insurers.
Section 27. Obligation of a professional association to make compensation payments
1. The constituent documents of a professional association shall establish its obligation to make compensation payments provided for by this Federal Law, and in respect of members of a professional association, their subsidiary liability for the respective obligations of the professional association.
2. The victims' claims for compensation payments provided for by subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law shall be satisfied by the professional association at the expense of funds allocated by members of the professional association from the guarantee reserves (paragraph 3 of Article 22 of this Federal Law ), as well as funds received from the realization by a professional association of the right of claim, as provided for in paragraph 2 of Article 20 of this Federal Law.
(as amended by Federal Law of July 21, 2005 N 103-FZ)
Claims for compensation of victims provided for by subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law shall be satisfied by the professional association at the expense of funds allocated by members of the professional association from the reserves of current compensation payments (paragraph 3 of Article 22 of this Federal Law), and as well as funds received from the implementation by a professional association of the right of claim, provided for by paragraph 1 of Article 20 of this Federal Law.
(as amended by Federal Law of July 21, 2005 N 103-FZ)
If there are insufficient funds allocated by the members of the professional association from the guarantee reserves, the claims of the victims regarding compensation payments provided for by subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law are satisfied by the professional association at the expense of funds sent by members of the professional association from reserves of current compensation payments (Clause 3, Article 22 of this Federal Law), as well as funds received from the implementation by a professional association of law the requirements provided for in paragraph 1 of Article 20 of this Federal Law.
(paragraph introduced by the Federal Law of December 27, 2009 N 344-ФЗ)
If there are insufficient funds allocated by the members of the professional association from the reserves of current compensation payments, the victims' claims for compensation payments provided for by subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law shall be satisfied by the professional association at the expense of funds allocated by members of the professional association from the reserves guarantees (Clause 3, Article 22 of this Federal Law), as well as funds received from the exercise by a professional association of the right to claim Under paragraph 2 of Article 20 hereof.
(paragraph introduced by the Federal Law of December 27, 2009 N 344-ФЗ)
3. The subsidiary liability established in accordance with paragraph 1 of this article, members of a professional association shall bear:
for obligations of a professional association regarding compensation payments provided for by subparagraphs a and b of clause 1 and clause 2 of Article 18 of this Federal Law, within the limits of the guarantee reserves formed by them;
(as amended by Federal Law of July 21, 2005 N 103-FZ)
for the obligations of a professional association regarding compensation payments provided for by subparagraphs “c” and “g” of paragraph 1 of Article 18 of this Federal Law, within the limits of the reserves of current compensation payments formed by them.
(as amended by Federal Law of July 21, 2005 N 103-FZ)
Section 28. Property of a professional association of insurers
1. The property of a professional association of insurers is formed by:
property transferred to the professional association by its founders in accordance with the memorandum of association of the professional association;
entrance fees, membership dues, earmarked contributions and other obligatory payments paid to the professional association by its members in accordance with the rules of the professional association;
funds received from the exercise of the rights of claim provided for in Article 20 of this Federal Law;
voluntary contributions, funds from other sources.
The property of a professional association may be used solely for the purposes for which a professional association was created.
2. Funds intended for financing compensation payments are separated from other property of a professional association.
At the same time, funds intended for financing compensation payments provided for by subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law shall be separated from funds allocated for financing compensation payments on other grounds.
(as amended by Federal Law of July 21, 2005 N 103-FZ)
Funds intended for financing compensation payments are reflected on separate balance sheets of a professional association, and separate accounting is kept for them. For settlements on activities related to the implementation of each of these types of compensation payments, a separate bank account is opened by a professional association.
2.1. In order to fulfill its financial obligations to participants in international insurance systems, a professional association of insurers forms a fund of current obligations.
(Clause 2.1 is introduced by the Federal Law of 01.12.2007 N 306-ФЗ)
3. The investment of temporarily free funds of a professional association is carried out on the conditions of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.
The directions for investing temporarily free funds of a professional association are determined by the annual plan approved by the general meeting of members of the professional association.
4. The federal executive body for the supervision of insurance activities may establish requirements regarding the minimum amount of funds for financing compensation payments, provided for by subparagraphs a and b of paragraph 1 and paragraph 2 of Article 18 of this Federal Law and located on the bank account of a professional association .
(as amended by Federal Law of July 21, 2005 N 103-FZ)
5. The funds received by the professional association from the exercise of the rights of claim provided for in Article 20 of this Federal Law shall be used to finance compensation payments.
6. The financial activities of a professional association of insurers are subject to a mandatory annual audit.
An independent audit organization and the terms of the contract that a professional association of insurers are required to conclude with it are approved by the general meeting of members of the professional association.
7. The annual report and annual balance sheet of a professional association after they are approved by the general meeting of members of the professional association are subject to publication annually.
Section 29. Contributions and Other Mandatory Payments of Members of a Professional Association
The size, procedure for payment by members of a professional association of insurers of contributions, deposits and other obligatory payments to a professional association shall be established by the general meeting of members of the professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association. For insurers to carry out insurance operations within the framework of international insurance systems, constituent documents of a professional association of insurers may provide for a different procedure for establishing the size and payment of mandatory contributions.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
Chapter VI. FINAL PROVISIONS
Article 30. Information interaction
On the refusal to accept for consideration a request to challenge the constitutionality of paragraph 1 of Article 30, see Resolution of the Constitutional Court of the Russian Federation of 05.31.2005 N 6-P.
1. The executive authorities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation, local governments, organizations and citizens are required to provide, at the request of insurers and their professional associations, free of charge information available to them (including confidential) related to compulsory insurance events or with events that served as the basis for victims to submit claims for compensation payments.
The internal affairs bodies also provide insurers, upon their request, with information on the registration of vehicles with the owners of which insurers have concluded compulsory insurance contracts.
Insurers and their professional association are required to comply with the protection regimes established by the legislation of the Russian Federation, the processing regime of confidential information received and the procedure for its use, and in case of violation thereof they shall be liable under the legislation of the Russian Federation.
On the refusal to accept for consideration a request to challenge the constitutionality of paragraph 2 of Article 30, see Resolution of the Constitutional Court of the Russian Federation of 05.31.2005 N 6-P.
2. Insurers shall be obliged to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.
The procedure for providing the information provided for by this clause is established by the internal affairs bodies of the Russian Federation in agreement with the federal executive authority for supervision of insurance activities.
3. In order to organize the exchange of information on compulsory insurance and control over its implementation, an automated information system is created containing information on compulsory insurance contracts, insured events, vehicles and their owners, statistical and other information on compulsory insurance. The information generated within the framework of this automated information system relates to federal information resources.
The use of the information resources of the automated information system is free and public, with the exception of information constituting limited access information in accordance with federal law. The use of restricted access information is carried out by state authorities, insurers and their professional association, other bodies and organizations in accordance with their competence established by the legislation of the Russian Federation and in the manner prescribed by it.
The lists of information provided without fail by state authorities, insurers, other persons for the formation of information resources of an automated information system, the procedure for providing users with the information contained in it, as well as the bodies and organizations responsible for collecting and processing these information resources, are approved by the Government of the Russian Federation .
Article 31. International insurance systems
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
Clause 1 of Article 31 shall enter into force on January 1, 2009 (Federal Law dated 01.12.2007 No. 306-FZ).
1. In the case of temporary use of a vehicle registered in the territory of the Russian Federation, in the territory of a foreign country where international insurance systems are applied, the owner of such a vehicle is obligated to insure the risk of his civil liability for obligations arising from injuries to life, health or property of victims when using a vehicle in the territory of a specified foreign state, for the period of temporary use vehicle, but not less than 15 days.
2. The conditions under which civil liability insurance of vehicle owners registered in foreign countries and temporarily used in the territory of the Russian Federation is carried out in the framework of international insurance systems must comply with the legislation of the Russian Federation on insurance, normative legal acts of the Government of the Russian Federation that determine the rules of mandatory insurance.
3. The conditions under which the insurance of civil liability of vehicle owners registered in the Russian Federation and temporarily used in the territories of foreign countries in which international insurance systems are applied under international insurance systems must comply with the requirements and rules of such international systems.
4. Coordination of the participation of a professional association of insurers in international insurance systems is carried out by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of insurance.
Section 32. Control over the performance by insurance owners of insurance obligations
1. Control over the performance by vehicle owners of the insurance obligation established by this Federal Law is carried out by the police during registration, organization of state technical inspection of vehicles and the exercise of their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of road safety movement. The driver of the vehicle is obliged to have a compulsory insurance policy with him and to pass it for inspection to police officers authorized to do so in accordance with the legislation of the Russian Federation.
(as amended by Federal Law of 07.02.2011 N 4-ФЗ)
The customs authorities shall exercise control over the performance by vehicle owners of the obligation established by this Federal Law to insure their civil liability upon entry of vehicles into the Russian Federation, as well as upon the fulfillment of the obligation established by paragraph 1 of Article 31 of this Federal Law when vehicles leave the Russian Federation in other states that apply international insurance systems.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
By the Decree of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P, the provisions of paragraph 3 of Article 32, fixing the obligation of insurance by vehicle owners to risk their civil liability and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners did not fulfill this obligation, are recognized as not contradicting the Constitution of the Russian Federation .
3. On the territory of the Russian Federation it is prohibited to use vehicles whose owners have not fulfilled the obligation to insure their civil liability established by this Federal Law. In relation to these vehicles, state technical inspection and registration are not carried out.
Article 33. On the entry into force of this Federal Law
1. This Federal Law shall enter into force on July 1, 2003, with the exception of provisions for which other terms of entry into force are provided for in accordance with this Article.
2. The provisions of this Federal Law provided for in relation to the creation of a professional association of insurers and the conditions for issuing permits (licenses) to insurers for compulsory civil liability insurance of vehicle owners shall enter into force on the day of the official publication of this Federal Law.
5. In the period from January 1, 2010 to December 31, 2012 inclusive, if during the implementation of compulsory insurance the difference between the insurer's income and expenses for the reporting period exceeds 5 percent of these incomes, the excess amount is sent by the insurer to form a stabilization reserve for compulsory insurance until this reserve reaches the maximum value, calculated as the sum of 10 percent of the size of the reserve of incurred but undeclared losses for compulsory insurance at the end of the reporting period The period and the positive difference between the size of the stabilization reserve for compulsory insurance as of December 31, 2009 and 10 percent of the size of the reserve for incurred but undeclared losses for compulsory insurance as of December 31, 2009, multiplied by the number of quarters remaining until December 31, 2012 and divided by 12.
(Clause 5 is introduced by the Federal Law of February 28, 2009 N 30-FZ)
6. If the size of the stabilization reserve for compulsory insurance formed on March 31, 2010 and for subsequent reporting periods until December 31, 2012 exceeds the limit value specified in clause 5 of this article, the insurer brings the size of the stabilization reserve for compulsory insurance in accordance with the specified limit value.
(Clause 6 is introduced by the Federal Law of February 28, 2009 N 30-FZ)
7. If the stabilization reserve for compulsory insurance specified in clause 2 of Article 22 of this Federal Law as of December 31, 2012 exceeds 10 percent of the size of the reserve for incurred but undeclared losses for compulsory insurance, the insurer brings its size in accordance with the specified amount.
(Clause 7 is introduced by the Federal Law of February 28, 2009 N 30-FZ)
Article 34. Bringing normative legal acts in accordance with this Federal Law
The President of the Russian Federation and the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.
The president
Russian Federation
V. PUTIN
The purpose of the bill, which we will consider today, is to protect the direct rights of victims of road traffic accidents. This includes both protection of health and compensation for damage to property. Next, we will try to analyze this current Federal Law of the Russian Federation in more detail.
FZ 40 on OSAGO changes 2016
With the latest amendments, the insurance act appears on May 23, 2016. It was to this date that amendments were made, through which several articles were unnecessary (the amendment touched on Articles 13 and 23). The Russian newspaper noted this in one of its issues. The general rules here have remained unchanged. In the old text of the document, the procedure for the payment of compensations had some flaws; therefore, cardinal changes in the legal regime of this process were required. Plus, previously it was impossible to conclude an electronic contract, and the legislation forbade companies to act through insurance brokers - a lot of claims were poured on the insurance company because of fake policies to which they had nothing to do. The current edition is recognized to regulate this segment. The requirement and order are binding on all subjects of such legal relations.
new edition of 2016 with comments
The Russian Civil Code is usually in conjunction with the law on motor insurance. For example, regarding the settlement of losses, strictly civil dispositions are in force. Moreover, the provisions of car insurance in Russia are necessarily established taking into account the rules on the protection of consumer rights and of course the Constitution of the Russian Federation. You can read the comments with the text itself on the specialized websites of “Consultant Plus” or “Guarantor”, you can download it for free online
MTPL discounts for accident-free driving
The latest version of the Osago Federal Law does have guidelines that are designed to encourage drivers to drive without incident (Section 22). The amount for insurance can be significantly lower if the citizen travels carefully. The size of the discounts depends on the existing tariffs in the company, and they are also available for the disabled person, regardless of the length of driving. Therefore, the size of the discount must be specified on the spot. We only note that for ten years of driving without an accident, a discount of 50% of the basic cost will be available. And vice versa - the change may also concern an increase in the amount up to 50 percent of the face value, if often gets into an accident.
A fine of 50 percent under the Law on the Protection of Consumer Rights under CTP
Indeed, if the court’s decision on the compulsory motor liability insurance law in the new edition is in favor of a civilian, then together with the main amount of payment, he can receive half of the original amount in addition to all appointments.
Pre-trial procedure, as a means of avoiding more serious liability, provides insurers with the opportunity to familiarize themselves with the claim in time and take action to pay. The full grace period for consideration is exactly 5 days. Next will be a penalty and the specified fine. Judicial practice over the past two years shows that every fourth decision is made in favor of the applicant (motorist). At the moment, the SAR is preparing the application of several by-laws that relate to inspection and registration of a diagnostic card. They will be accepted by the transport committee at the State Duma of the Russian Federation.
Claim for compulsory motor third-party liability insurance taking into account the law on consumer rights
After the termination of the contract (the contract is in electronic format, Europrotocol, etc.) it contains by default a list of regulatory documents, including regarding the payment of the fine in question. This penalty, shown for payment by the insurance company, is specified in Art. 13 (Chapter 1 Section 6 of the Federal Law on Consumer Rights). Therefore, additions are not required here. The mandatory nature of damages is indicated by the law itself. For January / February next year, an increase of this value is planned to 70%.