Concept and legal regulation of insurance activity. Legal regulation of insurance activities

Insurance is a system of economic relations associated with the creation by the insurer at the expense of the contributions of insurers of insurance funds used to compensate for damage caused to insured property interests. When concluding an insurance contract, the data economic relations acquire legal form. In this case, the subjects of relations are individuals and legal entities, and the objects are tangible and intangible values. By virtue of this, insurance legal relations fall within the scope of civil law(the relationship of insurance companies with the budget, authorities government controlled banks are regulated by financial, state, administrative and other branches of law).

The entire set of normative acts regulating insurance legal relations can be divided into three levels.

First level- Civil Code Russian Federation. The Civil Code is the normative base of civil law. It defines the principles of relations between subjects at all levels: from citizens to the state, and is the main regulator economic life society. Its main goal is to ensure equality of business entities in all areas market economy. For this, the Civil Code:

gives a unified interpretation of the essence commercial activities in all areas of business, which (unlike non-commercial activities) is aimed at systematic profit;
establishes the obligation of state licensing of the most important types entrepreneurial activity;
gives a uniform interpretation of the rights and obligations of all subjects of economic relations, defining organizational and legal forms of entrepreneurship that are common for all areas of activity and a single approach to the content, procedure for concluding and executing agreements (contracts), as well as the procedure for resolving contentious issues;
ensures the standardization of transactions both within the country and in the foreign economic space, which allows Russia to be an equal participant in international economic relations.

The specificity of civil legislation in the field of insurance is that it ensures the equality of all subjects of insurance transactions, but with the priority of the interests of the insured. This is due to its less security. Firstly, the features of the manifestation of the essence of insurance are that the insured pays real money to the insurer at the time of the conclusion of the contract, and in return receives not a product of equal value, but only a promise of insurance protection. Secondly, insurance is characterized by the complexity of procedures related to the calculation of insurance rates, losses, amounts of payments on them, and is based on specific terminology, which makes it difficult for an unprepared insured to understand insurance documents and various aspects of insurance transactions. Thirdly, the interests of insurance companies are guarded by the available in their state professional lawyers. For these reasons, the civil law system ensures equality of rights and obligations of participants in insurance transactions through the priority protection of the interests of policyholders, since insurance transactions are the most difficult of all types of business transactions for clients.

Second level- special (sectoral) legislation that regulates legal and economic relations in specific sectors of the economy. The sectoral legislation in insurance includes Ch. 48 of the Civil Code and the Federal Law "On the organization of insurance business in the Russian Federation". These laws are a kind of "branch constitution". They define the principles of organizing the insurance business, give an interpretation of the basic insurance concepts and are the basis for the development of other laws, regulations, decrees or regulations of the second and third levels, as well as documents of insurance companies.

Third level - regulations The President, the Government, ministries and departments, in particular the Ministry of Finance of the Russian Federation, the Department of Insurance Supervision of the Ministry of Finance of Russia, the Ministry of Taxes and Duties, the State Committee on Statistics, etc. These include, for example, the Decree of the President "On compulsory personal insurance of passengers (tourists, travelers)", orders and resolutions of the Ministry of Finance "On territorial bodies of insurance supervision", "Rules for the formation of insurance reserves for types of insurance other than life insurance", " Conditions for Licensing Insurance Activities in the Territory of the Russian Federation”, etc.

Documents of the third level concretize individual articles of sectoral laws, unload them from excessive detail and explain the procedure for their implementation in relation to certain aspects of insurance activity.

Three-level regulatory support determines for each insurance company: firstly, a clearly defined scope of duties to customers, partners, the state, and, secondly, certain rights. The implementation of these rights and obligations is carried out through documents developed by each specific subject of the insurance market. These include: general terms and Conditions insurance, insurance rules, insurance application forms, insurance contracts, insurance policies.

Let's determine the purpose of documents developed by insurance companies. Linking the provisions of regulatory support to the niche occupied by a particular insurance company on insurance market, is carried out through the General Conditions of Insurance. They set out the provisions of sectoral and departmental laws in relation to the types of insurance that this insurance company conducts, to specific objects of insurance, to the categories of policyholders on which it focuses. General conditions of insurance are not developed by all insurers, many of them are limited by the Rules of insurance. The obligation to have the Rules of Insurance is fixed by the norms of the Civil Code. The Rules, on the one hand, duplicate the General Conditions of Insurance, and on the other hand, contain special conditions, reservations and exceptions applied by a particular insurance company in the insurance process (for example, both in the General Conditions and in the Life Insurance Rules it will be written that as an insured who is also the insured person can be an individual aged 18 to 75 years, but the Rules reflect exceptions, for example, insurance contracts are not concluded for non-working disabled people of group I, patients with oncological diseases, etc.). Insurance rules are usually printed on the back of the policy or insurance contract. If they are only attached to one or another document, then a corresponding note is made in the contract or policy about the fact of delivery of the Rules to the insured.

An application for insurance, an insurance contract and an insurance policy are developed on the basis of the Insurance Rules. The application is a legal confirmation of the potential desire and consent of the client to purchase insurance services from this insurer. Treaty is a legal confirmation of the potential consent of the insurer to sell this client the service specified in the application and specifies its conditions. Insurance policy confirms the conclusion of an insurance transaction and is issued to the policyholder after payment of the insurance premium. Recently, insurers often combine an insurance contract and an insurance policy.

At present, the legislative basis of activity insurance companies in the Russian Federation are:

Civil Code of the Russian Federation (Chapter 48 "Insurance"), Tax Code of the Russian Federation, Air Code, Merchant Shipping Code.

Law of the Russian Federation of November 27, 1992 N 4015-1 (as amended on December 25, 2012 No. 267-FZ) "On the organization of insurance business in the Russian Federation";

Federal Law No. 40-FZ of April 25, 2002 (as amended on July 28, 2012 No. 131-FZ) "On Compulsory Insurance of Civil Liability of Vehicle Owners"

Federal Law No. 167-FZ of December 15, 2001 (as amended of December 3, 2012 No. 243-FZ) "On Compulsory Pension Insurance in the Russian Federation";

Federal Law of July 24, 1998 N 125-FZ (as amended on December 29, 2012 No. 16-FZ) "On the mandatory social insurance from accidents at work and occupational diseases";

Federal Law No. 326-FZ of November 29, 2010 (as amended of June 14, 2011 No. 136-FZ) “On mandatory health insurance in the RF";

Federal Law of December 23, 2003 N 177-FZ (as amended on December 3, 2011) “On insurance of deposits of individuals in banks of the Russian Federation”;

Federal Law No. 135-FZ of July 26, 2006 (as amended by No. 242-FZ of July 18, 2011) “On Protection of Competition”

The fundamental legal act in the system of state regulation of insurance activities in the Russian Federation is Law of the Russian Federation "On the organization of insurance business in the Russian Federation", which regulates relations between persons carrying out activities in the field of insurance business, or with their participation, relations for the implementation state supervision for the activities of the subjects of the insurance business, as well as other relations related to the organization of the insurance business (Article 1). The above relations are also regulated by federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation adopted in accordance with the Law on Insurance.

The law contains the basic concepts related to insurance activities, incl. the concepts of "insurance" and "insurance business" (Article 2). The law also defines the subjects of insurance relations. In particular, insurers, their organizational and legal forms, etc. are described in detail.

The other side of the insurance relationship is policyholder, legal status which is determined by both Article 48 of the Civil Code and Article 5 of the Insurance Law.

The law establishes and objects of insurance which are various property interests (Article 4).

The law also regulates relations related to state regulation of the activities of insurance organizations (Article 30-31 Chapter 4), with the licensing procedure (Article 32), with the provision financial stability their activities (Ch. 3) and in a number of other areas.

Among the regulatory legal acts in the field of state regulation of insurance activities should also include regulatory documents issued by the body for supervision of insurance activities - the Federal Service for Supervision of Insurance Activities (orders, etc.)

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

The procedure for taxation of the activities of insurance companies is regulated tax code RF.

Coursework on the topic:

"REGULATORY - LEGAL REGULATION OF INSURANCE ACTIVITIES IN THE RUSSIAN FEDERATION

Completed by: student of the group

Teacher:

Moscow 2006

Introduction………………………………………………………………………..page 3

Ch. I. State regulation insurance activities in the Russian Federation

1.1 Regulatory and legal framework for insurance activities in the Russian Federation……………...p.6

1.2. The system of state regulatory bodies in insurance ...... page 11

Ch. 2. The problem of the development of insurance activities in the Russian Federation

2.1. The main mechanisms for stimulating and supporting the state of the insurance sector…………………………………………………………………p.16

2.2. Improving state regulation of insurance activities…………………………………………………………………….….page 22

Conclusion………………………………………………………………………p.27

Appendix………………………………………………………………………...page 30

List of used literature………………………………………………..page 31

INTRODUCTION

Under the command-administrative system of managing the national economy, the dominant role state property and weak economic responsibility managers and labor collectives for its safety, insurance could not fully fulfill its functions.

Now market transformations, transforming economic relations, when the commodity producer begins to act at his own peril and risk, according to his own plan and bears responsibility for this, impose new requirements on insurance.

The formation of a new management system in the Russian Federation introduces fundamental changes in the organization of the insurance business. That. becomes relevant consideration and transformation legal regulation of insurance activities in the Russian Federation.

Insurance is a necessary element of industrial relations. It is associated with compensation for material losses in the process of social production. The risky nature of social production gives rise to relations between people to prevent, overcome, localize and unconditionally compensate for the damage caused.

The relevance of the issue under consideration is further enhanced by the fact that in modern society, along with the traditional purpose - to provide protection against natural disasters (earthquakes, floods, storms, etc.), random events of a technical and technological nature (fires, accidents, explosions, etc.), - losses from various criminogenic phenomena are increasingly becoming the object of insurance (theft, robbery, vehicle theft, etc.)

In addition, the changes also affect the sphere of property and personal insurance of citizens, which is directly related to the interests of the population, and the problem of compensation for losses for a person has always been

remains paramount.

However, enterprises and organizations of various forms of ownership, acting as insurers, feel the need not only for compensation for damage, expressed in the loss or damage to fixed assets and working capital, but also in compensation for lost profits or additional costs due to forced downtime (irregular supply of raw materials, insolvency of wholesale buyers).

World experience and the history of insurance have convincingly proved that it is a powerful factor in the positive impact on the economy. However, there are various problems on the way to the development of insurance in Russia, which can be solved only if there are appropriate conditions.

Currently, insurance activity in the Russian Federation is at the stage of active development, and its current state does not fully meet the needs of business entities. There are a number of problems and some shortcomings in this area.

Realizing the opportunities of the insurance industry requires active governmental support and assistance, and the sooner the state realizes the role of insurance as a strategic sector of the economy, the sooner Russia will make the transition to a socially oriented market growth.

In the conditions of the transitional period, the regulatory function of the state in insurance activities should manifest itself in various forms: the adoption of legislative acts regulating insurance, the establishment in the interests of society and certain categories compulsory insurance of its citizens, carrying out a special tax policy, the establishment of various kinds of benefits for insurance companies to stimulate this kind of activity, as well as the creation of a special legal mechanism that provides supervision over the functioning of insurance enterprises and organizations.

It should be noted that there is insufficient legal and regulatory support for insurance activities at the present time. That is why the topic under study is relevant today.

The object of this work is the insurance activity in the Russian Federation.

The subject of this work is the legal support of insurance activities.

aim term paper is the study of features, incl. shortcomings of legal regulation of the insurance sector.

The goal allowed us to formulate the tasks that were solved in this work:

1. Definition of regulatory legal acts regulating insurance activities in Russia;

2. Study of the system of state regulatory bodies in insurance;

3. Consideration of the main mechanisms for stimulating and supporting the insurance sector by the state;

4. Identifying possible ways to improve regulatory framework insurance activity.
That. insurance as a whole complex of protecting the interests of citizens, organizations and the state is a necessary element of the economic and social systems society.

Insurance, as a kind of economic, entrepreneurial activity, is actively influenced by the state, which is necessary for realizing the possibilities of the insurance industry.

CHAPTER I . STATE REGULATION OF INSURANCE ACTIVITIES IN THE RUSSIAN FEDERATION

1.1. Regulatory and legal framework for insurance activities in Russia

The state controls relations recognized as legally contractual, including insurance relations, through a special apparatus. This method consists in the development of idealized behavior models, with the help of which rules are created that establish how to behave if the situation coincides with the model one. Then these rules are formulated in the form of legal norms, the implementation of which is ensured through the method of state coercion. The rules governing insurance relations are not created individually, but as part of regulatory legal acts. Regulatory legal acts- these are laws, decrees, resolutions of various bodies authorized to issue such resolutions. A characteristic feature of a normative legal act is that it is addressed not to anyone in particular, but to an indefinite circle of persons, i.e. to everyone conducting the activities described in this act.

The Law of the Russian Federation “On the Organization of Insurance Business in the Russian Federation” (previously called the Law “On Insurance”) is a regulatory legal act, since it is addressed to everyone involved in insurance relations. The law regulates relations between persons carrying out types of activities in the field of insurance business, or with their participation, relations for the implementation of state supervision over the activities of insurance business entities, as well as other relations related to the organization of insurance business.

Normative legal acts are grouped by branches of legislation and acts related to different branches are created in different ways.

Insurance legislation belongs to the “civil

law”, and the norms of civil law, including the norms related to insurance, can only be created at the federal level and cannot be created at the level of regions - regions, republics and other subjects of the federation. Therefore, if the issue related to insurance will be dealt with in court, then no references to regional regulations, for example, of Moscow or the Republic of Tatarstan, will be taken into account by the courts.

All regulatory legal acts regulating insurance relations can be divided into two parts - regulations addressed only to insurers and regulating their activities and regulations addressed to all potential participants in insurance relations. First of all, it is the Civil Code of the Russian Federation (CC). It has a special chapter 48 devoted exclusively to insurance. The next level is the special Law “On the organization of insurance business in the Russian Federation”. But since this law was adopted much earlier than the Civil Code, there are many norms in it that now do not correspond to the norms of the Civil Code. It should be emphasized that the Civil Code takes precedence over the Law “On Organization of Insurance Business”. However, to date, a number of amendments have been made to the Law.

In general, both the Civil Code and the Law “On the organization of insurance business in the Russian Federation” are general regulatory acts; they contain universal

rules for regulating insurance relations, i.e. rules common to all types of insurance. It is precisely because of their universality that they are closely related to other general rules governing the emergence, termination, modification and fulfillment of obligations.

In addition to the general Civil Code and the Law “On the organization of insurance business in the Russian Federation”, there are many different regulations for specific types of insurance. For example, the Law “On health insurance of citizens of the Russian Federation” and a number of government decrees to this law. There is the Merchant Shipping Code, in which the whole XII chapter is devoted to marine insurance. Published a large number of regulations on various types compulsory insurance.

Unfortunately, all collections containing, in a more or less complete and systematized form, the current insurance regulations become outdated very quickly, as insurance in Russia is developing rapidly. In 1994, the ANKIL company issued a “List of normative acts on insurance”, compiled by Yu.S. Bugaev, the then head of the insurance supervisory authority, however, since 1994, major changes have taken place in the legal regulation of insurance. Current changes can be followed in various editions.

Also an important legal source regulating the relationship between the insured and the insurer is the insurance contract. The contract is concluded in writing. When concluding an insurance contract, the policyholder is obliged to inform the insurer of the circumstances known to the policyholder that are essential for determining the likelihood of occurrence insured event and the amount of possible losses from its

offensive ( insurance risk), if these circumstances are not known and should not be known to the insurer.

Features of economic and social development our country led to the emergence and development of a number of specific types of insurance, such as insurance of civil liability of vehicle owners. Particularly acute was the issue of compulsory auto liability insurance, because. Russia is the only country that until some time remained the only state in Europe in which there was no compulsory civil liability insurance.

The need to introduce compulsory motor third party liability insurance is in the interests of all participants: policyholders will be fully protected in case of an accident, insurers will be able to receive significant additional income, the state will receive a source of essential additional income victims will have a guarantee of compensation for moral, material and physical damage.

That. on the this moment There are 3 main types of auto insurance:

Auto hull

Compulsory third party liability insurance (OSAGO)

Green card

Casco - a type of insurance used in the insurance of means of transport (ships, aircraft, cars). The term "casco insurance" refers to compensation for damage to or loss of only the vehicle itself and does not include insurance for passengers, transported property, liability to third parties, etc.

In this way, legal relations related to the conduct of insurance and regulating insurance, arising from the organization of the insurance business, are governed by the rules of civil law. The structure of insurance legislation in Russia is multi-stage and is determined by the existing legal system.

1.2. The system of state regulatory bodies in insurance

State supervision of insurance activities in the territory of the Russian Federation is carried out by the federal executive body for supervision of insurance activities, acting on the basis of the Regulation approved by the Government of the Russian Federation.

The first such body was the Russian Federal Service for Supervision of Insurance Activities. It was created to carry out state supervision over compliance with the legislation of the Russian Federation on insurance, regulate the single insurance market in the Russian Federation on the basis of establishing general requirements on licensing and maintenance of the state register of insurance organizations, control over ensuring the financial stability of insurers, accounting and reporting, insurance methodology, inter-industry and inter-regional coordination on insurance issues.

Decree of the President of the Russian Federation of August 14, 1996 No. №1177 federal Service of Russia for Supervision of Insurance Activities was abolished, and its functions were transferred to the Ministry of Finance of the Russian Federation, where the Department of Insurance Supervision was established, which performs the functions of the federal executive body for supervision of insurance activities.

Main functions federal executive body for supervision of insurance activities are:

1) issuance of licenses to insurers to carry out insurance activities;

2) maintaining a unified State register of insurers and associations of insurers, as well as a register of insurance brokers;

3) control over the validity of insurance rates and ensuring the solvency of insurers;

4) establishment of rules for the formation and placement

insurance reserves, indicators and forms of accounting

insurance operations and reporting on insurance activities:

5) development of regulatory and methodological documents on

issues of insurance activities referred by law to the competence of the federal executive body for supervision of insurance activities;

6) generalization of the practice of insurance activities, development and submission in the prescribed manner of proposals for the development and improvement of the legislation of the Russian Federation on insurance.

The federal executive body for the supervision of insurance activities to perform the functions assigned to it has the right:

1) receive from insurers the established reporting on insurance activities, information on their financial position receive information necessary for the performance of the functions assigned to it from organizations, including banks, as well as from citizens;

2) to check compliance by insurers with the legislation of the Russian Federation on insurance and the reliability of the reports submitted by them;

3) upon detection of violations by insurers of the requirements of the law, give them instructions to eliminate them, and in case of failure to comply with the instructions, suspend or restrict the licenses of these insurers until the identified violations are eliminated or make decisions to revoke licenses;

4) contact court of Arbitration with a claim for the liquidation of the insurer in the event of repeated violations by the latter of the legislation of the Russian Federation, as well as for the liquidation of organizations engaged in insurance without licenses.

Along with the Department of Insurance Supervision control functions carry out the State tax service Russian Federation, State Committee of the Russian Federation for antitrust policy and support for new

Economic structures, Federal Market Commission

securities, as well as territorial bodies of insurance supervision, which carry out direct supervision of insurance activities in the constituent entities of the Russian Federation.

Government of the Russian Federation at the suggestion of the federal executive body for the supervision of insurance activities, agreed with the interested bodies state power, territorial bodies of insurance supervision were created in order to comply with the requirements of the legislation of the Russian Federation on insurance issues and create conditions for the effective development of insurance services, as well as protecting the rights and interests of policyholders, insurers, other interested parties and the state. Territorial bodies of insurance supervision carry out direct supervision of insurance activities in the constituent entities of the Russian Federation, for which they are entitled to conduct verification of the reliability of reports submitted by insurance organizations and compliance with insurance legislation, receive from insurers the established reporting on insurance activities, information on their financial situation, receive the necessary functions assigned to them information from organizations, including banks, as well as from citizens.

Territorial bodies of insurance supervision carry out their activities under the leadership of the federal executive body for the supervision of insurance activities (hereinafter referred to as the federal body).

Functions of territorial bodies:

Ensure control over compliance with the legislation of the Russian Federation

about insurance;

To exercise control over the implementation by insurers of the regulations of the Federal Service of Russia for Supervision of Insurance Activities related to the conduct of insurance activities;

Monitor the validity of insurance

tariffs and ensuring the solvency of insurers;

Summarize the practice of insurers, insurance

intermediaries and other participants in the insurance market and

submit proposals to the federal authorities on improving the practice of supervision of insurance activities and legislation on insurance;

Consider applications and complaints from individuals and legal

persons on issues related to violation of the legislation of the Russian Federation on

insurance;

Submit, in accordance with the established procedure, accounting, statistical and other reporting on its activities provided for by law.

Territorial bodies of insurance supervision have the right:

Check with insurers the reliability of the reports provided and their compliance with the legislation on insurance;

Receive from insurers the established reporting on insurance activities, information on their financial situation, receive the necessary information to perform the functions assigned to it

information from institutions and organizations, including banks, and

also from citizens;

If violations by insurers of the requirements of the legislation of the Russian Federation on insurance are revealed, take measures to eliminate them;

Submit submissions to the federal authorities on the suspension, restriction of validity, or revocation of a license.

The system of state supervision of insurance activities should include:

1) organization of the foundations of insurance supervision in the Russian Federation, primarily

turn by creating special bodies to oversee

insurance activities at the federal level and at the level of subjects of the Russian Federation;

2) the creation of regulatory acts for the supervision of the insurance

activities, development of uniform methodological principles

organization and implementation of the insurance business;

3) definition special requirements to insurance organizations, establishment of licensing and certification of insurance activities;

That. state regulation of insurance activities is the impact of the state on the participants in insurance obligations through the system of state regulatory bodies.

Increasing the efficiency of state regulation of insurance activities, improving the regulatory framework for insurance activities are considered as means for creating an effective system of insurance protection of the interests of citizens and legal entities In Russian federation.

CHAPTER II. THE PROBLEM OF THE DEVELOPMENT OF INSURANCE ACTIVITIES IN THE RUSSIAN FEDERATION

2.1. The main mechanisms for stimulating and supporting the insurance sector by the state

The direct participation of the state in the formation of the insurance system for the protection of interests is determined by the need, firstly, to provide guarantees social protection certain groups of the population and the implementation of compulsory state insurance at the expense of budget funds; secondly, by defining the bases and procedure for the participation of the state in the insurance of non-commercial risks to protect investments, including foreign ones, in insurance of export credits; thirdly, by providing additional guarantees to those funds of insurers that are placed in the form of special non-market government securities with a guaranteed income; fourthly, the creation of targeted reserves that compensate for the insolvency of individual insurance companies in the performance of their obligations under long-term life insurance contracts and pension insurance citizens.

State supervision (predetermining the ways of development and support of the insurance sector) of insurance activities is carried out in order to comply with the requirements of the legislation of the Russian Federation on insurance, the effective development of insurance services, the protection of the rights and interests of policyholders, insurers, other interested parties and the state.

The system of state supervision of insurance activities should include:

1) organizing the foundations of insurance supervision in the Russian Federation, primarily through the creation of special bodies for the supervision of insurance activities at the federal level and at the level of constituent entities of the Russian Federation;

2) the creation of regulatory acts for the supervision of insurance activities, the development of uniform methodological principles for the organization and implementation

insurance business;

3) determination of special requirements for insurance

organizations, establishing licensing and certification of insurance activities;

4) establishment of uniform qualification requirements to managers and specialists of insurance organizations, surveyors, emergency commissioners, etc.

It is possible to single out the main areas of state support for insurance activities. This is primarily the preservation of healthy competition in the insurance market (antimonopoly law), as well as the licensing of insurance activities.

Maintaining competition in the insurance market

The suppression of monopolistic activity and unfair competition in the insurance market is one of the means of state regulation of insurance activities. Prevention, restriction and suppression of monopolistic activity and unfair competition in the insurance market are provided by the Ministry of the Russian Federation for Antimonopoly Policy and Entrepreneurship Support (hereinafter referred to as MAP). The protection of fair competition in the insurance market and the suppression of monopolistic activity should proceed within the framework of a single, state-regulated process that involves the following forms.

1) suppression of abuse by insurance companies of a dominant position;

2) determination on a competitive basis of those insurance organizations,

who will be involved in insurance programs with

using public funds;

executive power and local self-government bodies, limiting

competition;

4) implementation of state control over the concentration of capital in the market of insurance services;

5) control over the creation of associations of insurance organizations, as well as agreements and coordinated actions of insurance organizations:

6) suppression of the establishment of unreasonably high or low tariffs for insurance services.

Unions, associations and other associations of insurers for state registration with the insurance supervision bodies must obtain the consent of the antimonopoly authority if all participants in the association of insurers are registered in one administrative-territorial entity. This consent to the registration of an association of insurers is obtained from the relevant territorial department of the antimonopoly body of Russia. Consent to the registration of an association of insurers is issued on the basis of the required documents submitted by their founders. Consent to the registration of an association may be refused if the submitted documents indicate that the association conducts insurance activities, that there is an agreement or agreements between the participants in the association, which has or may result in a significant restriction of competition in this market, infringement of the interests of other insurers or policyholders, including including the division of the insurance services market on a territorial basis or by types of insurance, the establishment (maintenance) of unified insurance

tariffs for certain types of insurance, access restriction

to the market of insurance services or the elimination of other insurers from it.

A license granting the right to engage in insurance activities on the territory of the Russian Federation can only be issued to a legal entity, since individuals are not entitled to engage in insurance activities.

Insurance activity subject to licensing is the activity of insurance organizations and mutual insurance companies (insurers) associated with the formation of special monetary funds (insurance reserves) necessary for future insurance payments.

Licenses are issued for the implementation of voluntary and compulsory personal insurance, property insurance and liability insurance. If the subject of activity of the insurer is exclusively reinsurance, then a license is issued for reinsurance. At the same time, the licenses indicate specific types of insurance that the insurer is entitled to carry out.

Does not require a license for activities related to the assessment of insurance risks, determining the amount of damage, the amount of insurance payments, other consulting and research activities in the field of insurance.

Licensing of insurance activities is carried out by the federal executive body for the supervision of insurance activities, which issues licenses to insurers to carry out insurance activities, maintains a unified State register of insurers and associations of insurers, as well as a register of insurance brokers, develops regulatory and methodological documents on insurance activities referred to by the Law about insurance to its competence.

A license to conduct insurance activities is a document certifying the right of its owner to conduct insurance activities in the territory of the Russian Federation, subject to the conditions and requirements stipulated by him.

when issuing a license.

Insurance licenses are issued

activities of which is exclusively reinsurance) to carry out insurance activities only in a certain territory declared by the insurer.

Since, in accordance with Art. 30 of the Insurance Law, supervision of insurance activities on the territory of the Russian Federation is carried out by federal agencies for supervision of insurance activities and their territorial bodies, then the competence of these bodies includes: issuing orders, limiting the validity of a license, suspending a license and revoking a license to carry out insurance activities.

Prescription - is a written order obliging the insurer to set time eliminate the identified violations.

Orders are issued by the federal bodies for the supervision of insurance activities and their territorial bodies in the event of violations by insurers of the requirements of insurance legislation.

In the event that the order is not complied with within the established time limit, the bodies supervising insurance activities have the right to restrict or suspend the license of the insurer until the insurer eliminates the identified violations or decide to revoke the license.

License limitation means a prohibition, until the elimination of violations established in the activities of the insurer, to conclude new insurance contracts and extend the existing ones for all types of insurance activities (or types of insurance) or in a certain territory.

Suspension of a license means a prohibition, until the elimination of violations established in the activities of the insurer, to conclude new insurance contracts and extend the existing ones for all types of insurance activities (or types of insurance) for which a license has been issued. At the same time, under previously concluded contracts, the insurer performs commitments made before their expiration date.

License revocation means a ban on the implementation of insurance activities, with the exception of the fulfillment of obligations assumed under existing insurance contracts. At the same time, the funds of insurance reserves can be used by the insurer solely to fulfill obligations.

That. suppression of monopolistic activity and unfair competition in the insurance market, as well as the issuance of a license to carry out insurance activities are one of the means of state regulation of insurance in the Russian Federation. The protection of fair competition in the insurance market and the suppression of monopolistic activity, the issuance of a license should proceed within the framework of a single, state-regulated process.

2.2. Improving state regulation of insurance activities
It is necessary to single out one of the main directions in the development of state regulation of insurance activities - the improvement of legislation in the field of insurance, which takes place in three directions.

First, it is a change in general legislation. At the end of 2002, the Government of the Russian Federation approved the Concept for the Development of the Russian Insurance Market; a number of amendments, changes and additions were made to the federal law "On the organization of insurance business in the Russian Federation" and others legislative acts. Also, the procedure for licensing previously envisaged by the draft law was significantly improved in many respects.
In particular, the composition

licensed activities. The activities of insurance organizations, mutual insurance companies, insurance brokers, as subjects of the insurance business in Russia, can be carried out only on special permission and only in a certain area - in the field of insurance business.

For insurers, it is supposed to simplify the procedure somewhat

licensing. Introduced new system licensing, which allows obtaining a license not for each insurance product, and on 23 types of insurance activity. Taking into account the division of insurance companies by types of insurance activities, in order to obtain a license, some insurers will submit insurance rules within 5 types of insurance, and others - within 18. The proposed licensing procedure will greatly simplify life for both insurance companies and the insurance supervisory authority.

Secondly, draft laws on specific types, mainly compulsory insurance, are being actively developed. These include the bills "On Compulsory Liability Insurance in the Operation of Particularly Hazardous Production", "On Compulsory Medical Insurance", "On Compulsory Producer Liability Insurance".

goods (services) and works", "On Compulsory Insurance

responsibility of medical workers.

Thirdly, the operating conditions are significantly improved due to the adoption of regulations at the level of the Ministry of Finance of the Russian Federation, which allow, in particular, to make changes to documents on a notification basis, improve statistical reporting, and so on.

The main directions of Russian lawmaking in the insurance sector for the next 3-5 years will also be related to the modernization of general legislation and regulations on compulsory types of insurance. In the future, we will have to revise Chapter 48 of the Civil Code of the Russian Federation, develop bills "On Compulsory Liability Insurance of Producers of Goods and Services" and some other bills. It is possible to talk about the insurance code of the Russian Federation only in the very distant future only after the full formation of the legislative framework in insurance and the codification of all regulations.

It is impossible not to take into account the prospects for the liberalization of the Russian insurance market. In accordance with existing system legislation conditions for admission of foreign insurers to the Russian insurance market

are indicated in the federal law "On the organization of insurance business in the Russian Federation".

New amendments to this law which are now in

State Duma of the Russian Federation, do not yet provide for any

changes under admission conditions foreign companies to the Russian insurance market.

Years of experience foreign companies can bring to Russian insurance new technologies and products, as well as increase competition among insurers, which will lead to an improvement in the quality of insurance products.
Nevertheless, summing up, it should be noted that the position on the liberalization of the Russian insurance market requires its further detailed consideration.

That. it is assumed that the most effective stimulating conditions of modern economic policy will become self-regulating mechanisms, as well as the liberalization of the insurance market.

CONCLUSION

Today, the insurance sector is part of economic sector and the role of the state in promoting and supporting it is enormous. The purpose of state regulation is to ensure the formation and development of an efficiently functioning market for insurance services, to create the necessary conditions for the activities of insurers of various organizational and legal forms, protection of the interests of policyholders.

State regulation should contribute to the establishment of companies in the insurance market that have a strong financial and legal basis. Also, state regulation is of great importance for the implementation of a consistent policy regarding the forms, methods and extent of participation. foreign capital in the insurance business on the territory of the Russian Federation and other CIS member states.

State regulation of insurance activities complements the market mechanism of insurance, enhancing its positive aspects.

In this paper, the state principles of insurance were considered; functions and tasks of insurance supervision over the activities of insurance companies; licensing and taxation of insurers; support and assistance to the insurance sector from the state through the introduction of various mechanisms, etc.

Also, during the study, several problems and directions for their solution were identified.

Firstly, the legislative framework insurance business in Russia is just being formed, and state supervision bodies perform not only the functions of state regulation in the field of insurance, but also directly develop draft legislative acts and proposals for various issues insurance development. Also, the formation of a system of insurance supervision bodies has not yet been completed.

However, taking into account numerous proposals, repeated discussions, a list of amendments and additions to the current Law "On the organization of insurance business in the Russian Federation" was developed, which are aimed at regulating the activities of a number of major insurance institutions that do not have or have an insufficient legal base.

In addition, for last years a fairly extensive package of regulatory documents of RosStrakhNadzor has been formed in the form of instructions, regulations, instructions and explanations based on the current legislation and binding on insurers. Work is constantly being carried out to update the issued directives so that the regulatory system is in line with emerging trends in the development of the insurance market.

Secondly, cases of violation by insurers of the insurance legislation are still not uncommon. This is especially true for unscrupulous insurers who change their location and do not fulfill specific obligations under insurance contracts.

The stability of the insurance market is largely determined by its infrastructure, which should be a well-functioning mechanism with a developed system of information and analytical support for public authorities, insurance market entities and stakeholders, which can be achieved by creating information and analytical centers, holding regular exhibitions, preparing annual analytical reports on insurance issues, etc.

Regulation of structural transformations must necessarily include the protection of fair competition in the insurance market, the prevention and suppression of monopoly.

The mechanisms of the stimulating influence of the state on the insurance market include: legislative development obligatory types insurance; provision of special tax regimes policyholders.

In my opinion, insurance as a whole complex of protecting the various interests of citizens, organizations and the state is a necessary element of the economic and social systems of society.

The development of the insurance industry in Russia is quite dynamic. Despite a number of some problems in this area, insurance has powerful incentives for self-development: the initiative and entrepreneurial spirit of insurers, as well as the active participation of the state, and above all, the use of a set of measures to stimulate and support the insurance sector in Russia. Thus, the state provides direct participation and assistance in the development of this area, influencing through a number of norms and rules issued to regulate insurance activities in the Russian Federation.

Appendix

Basic regulatory acts on insurance

The following main normative acts regulating insurance activity in the Russian Federation and in its separate subjects are presented.

Chapter 48 "Insurance" of the Civil Code of the Russian Federation
Law of the Russian Federation of November 27, 1992 N 4015-I "On the organization of insurance business in the Russian Federation" (as amended on December 31, 1997, November 20, 1999, March 21, April 25, 2002), as amended Federal Law No. 172-FZ of December 10, 2003 "On Amendments and Additions to the Law of the Russian Federation "On the Organization of Insurance Business in the Russian Federation" and Recognizing Some Legislative Acts of the Russian Federation as Invalid"
Law of the Russian Federation "On the introduction of amendments and additions to the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" and the invalidation of certain legislative acts of the Russian Federation"
Law of the Russian Federation "On medical insurance of citizens in the Russian Federation"
Chapter 15 "Maritime Insurance Contract" of the Merchant Shipping Code of the Russian Federation
On compulsory insurance of civil liability of vehicle owners
Decree of the Government of the Russian Federation "On approval of the Rules for compulsory insurance of civil liability of vehicle owners"
Decree of the Government of the Russian Federation "On approval of insurance rates for compulsory insurance of civil liability of vehicle owners, their structure and procedure for application by insurers when determining the insurance premium"
Federal Law "On the introduction of amendments and additions to the legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners"

Bibliography

1. The Constitution of the Russian Federation

2. Civil Code of the Russian Federation part 2, Moscow, Os-89, 1996.

3. Law of the Russian Federation "On the organization of insurance business in the Russian Federation".

4. Gvozdenko A.A. Fundamentals of Insurance: Textbook. - M.: Finance and statistics, 1998. - 304 p.

5. Petrov A.A. Insurance law: Tutorial. - St. Petersburg: Knowledge, SPbVESEP, 2000. - 139 p.

6. Folgenson Yu.B. Commentary on the insurance legislation. M.: Jurist, 1999. - 284 p.

7. Commentary to the Civil Code of the Russian Federation, part two (item-by-article). Under the editorship of prof. IS HE. Sadikova, - M .: Law firm CONTRACT, publishing group INFRA-M - NORMA, 1996. - 800 p.

8. Spletukhov Yu.A., Dyuzhikov E.F. "Insurance. "Tutorial, Moscow, INFRA-M 2002, 310s.

9. Shakhov V.V., Grigorieva V.N., Efimova S.L. Insurance Law. “Textbook for universities, Moscow, Law and Law, 2002, 384 p.

10. Big encyclopedic dictionary. - M: Soviet encyclopedia, 1998.V.2

11. Balabanov I.T. Insurance: organization, structure, practice. St. Petersburg, 2002

12. Bland D. Insurance: principles and practice. - M .: Finance and statistics, 1998.

13. Insurance from A to Z. Ed. Korchevskoy L.I. - M .: INFRA-M 1996.

14. Fedorova M. Fundamentals of insurance activity. - M .: BEK, 1999.

15. Materials of Internet sites: http:// www.akdi.ru; www.ins-forum.ru; www.kadis.ru www.truschel.ru

Big encyclopedic dictionary. - M: Soviet Encyclopedia, 1998. Vol. 2 p. 776

Law of the Russian Federation "On insurance". No. 4015-I in accordance with Federal Law No. 157 FZ of December 31, 1997 is referred to as the law "On the organization of insurance business in the Russian Federation"

Constitution of the Russian Federation, Article 71, subparagraph "o"

For example: Federal Law On Amendments to the Law of the Russian Federation "On the Organization of the Insurance Business in the Russian Federation" and Article 2 of the Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the Organization of the Insurance Business in the Russian Federation" and Recognizing as Invalid some legislative acts of the Russian Federation” dated February 28, 2005.

Collection of Legislation of the Russian Federation, Bulletin of normative acts of ministries and departments, “ Russian newspaper”, the newspaper “Russian news”. Many acts appear in the "Russian Insurance Bulletin", in the magazine "Insurance Business", which is published by the company "ANKIL".

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 foundations for compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance). Federal Law of the Russian Federation of April 25, 2002 No. 40-FZ

Internet resource Ins-forum. http://www.ins-forum..ru/law/real

By Decree of the President of the Russian Federation of September 22, 1998 No. 1142 “On the structure of federal executive bodies”, the MAP was assigned the functions of the State Committee of the Russian Federation on Antimonopoly Policy and Support for New economic structures.

In accordance with the procedure established by the Regulations on the procedure for considering applications for giving consent to the Ministry of Antimonopoly Policy of Russia and its territorial departments for the state registration of associations of insurers, approved by order State Committee of the Russian Federation on Antimonopoly Policy and Support of New Economic Structures (hereinafter referred to as the SCAP RF) dated April 29, 1994 No. 50, taking into account the changes introduced by the Order of the SCAP RF dated March 29, 1995 No. 42 (Rossiyskie Vesti, 1994. No. 93: 1995. No. 114).

Petrov A.A. Insurance Law: Textbook. - St. Petersburg: Knowledge, SPbVESEP, 2000. - 24 p.

Folgelson Yu.B. Commentary on the insurance legislation. M.: Jurist, 1999. - 232 p.

Civil Code of the Russian Federation, art. 936

The legal relations regulating insurance belong to the sphere of civil law. The objects of insurance relations are material and monetary values, as well as intangible personal benefits of a person - life, health, ability to work, that is, the risk of loss family income due to loss of health or death during the period of insurance. The subjects of these relations are primarily insurers and policyholders. In addition, other individuals and legal entities also participate in insurance: recipients of insurance compensation who are not insurers, banking institutions, financial, tax and law enforcement agencies, government organizations, etc.
fundamental normative document regulating insurance activities in Russia is the Federal Law of the Russian Federation “On Insurance”, adopted on November 27, 1992. Since 1998, this law has been in force with amendments and additions to it. new edition"On the organization of the insurance business in the Russian Federation" (No. 157-FZ of December 31, 1997). This law is basic in relation to other laws on insurance, as well as laws regulating other relations, but containing insurance norms.
The law provides the basic insurance concepts, including the concept of insurance, which is formulated as a relationship to protect the property interests of individuals and legal entities in the event of certain events (insured events) at the expense of monetary funds formed from the funds paid by them.
The law establishes the right of the insurer to independently establish the conditions for voluntary insurance, fixing these conditions in a specific contract with the insured. The content of the conditions that, by agreement of the parties, can be included in the contract, is not established. The only requirement. presented to the insurance contract is that it must meet the general conditions for the validity of the transaction, provided for Civil Code RF.
"The law establishes two main forms of insurance: voluntary and compulsory. Voluntary insurance is characterized by the fact that it is carried out on the basis of an agreement between the insured and the insurer. The agreement is concluded on the basis of voluntary insurance rules established by the insurer independently, however, these rules cannot contradict insurance law.
Compulsory insurance is carried out on the basis of special regulations (laws, decrees of the President of Russia, decrees of the Government of the Russian Federation, etc.) establishing the mandatory life and health insurance of certain categories of citizens, civil liability of motor vehicle owners or certain types property.
The law defines the subjects of insurance relations: policyholders and insurers. Insured persons are legal entities and individuals who have entered into insurance contracts with insurers or who are insurers by virtue of law. The insurance contract allows the replacement of the insured. In property insurance, this is associated either with the transfer of property by inheritance to another person, or with the will of the insured, for example, with an act of donation.
If the policyholder is a legal entity and it is reorganized during the period of validity of the insurance contract, then its rights and obligations are transferred to the successor. However, this requires the consent of the insurance company.
The insurance contract may be concluded in favor of a third party. This third party is called the beneficiary. Beneficiary -) GO natural or legal person receiving insurance payments under an insurance contract. The policyholder may, at its discretion, appoint or replace the beneficiary in the insurance contract.
The beneficiary in the insurance contract has certain benefits related to the right of inheritance. The sum insured is not included in the composition of the inherited property, which is divided among the heirs. Why does the beneficiary get sum insured fully and at the same time retains its rights to a share in the inheritance.
The policyholder cannot replace the beneficiary after the occurrence of one of three events:
insured event (Article 5 of the Insurance Law);
fulfillment by the beneficiary of any obligation under the insurance contract (Article 956 of the Civil Code);
presentation by the beneficiary of the requirement to the insurer for payment (Article 956 of the Civil Code).
Hundred; and i of the Insurance Law introduces the concept of reinsurance.
Reinsurance is insurance by one insurer, referred to as the reinsurer, on the terms of the risk of fulfillment of all or part of its obligations to the insured by another insurer, referred to as the reinsurer, specified by the contract. At the same time, paragraph 2 of Art. 13 of the Law on Insurance establishes that the insurer, who has entered into a reinsurance contract with the reinsurer, remains liable to the insured in full in accordance with the insurance contract.
The law limits the insurance coverage of property to its actual value and indemnifies only direct damage. The actual value of the property is determined at the time of the conclusion of the contract. By general rule The value of property is always determined minus depreciation. The insured value of the property is determined in the contract and cannot be disputed by the parties, unless the insurance company proves that it was deliberately misled by the insured.
Direct damage is the actual damage caused to the insured property as a result of the realization of the insured risk. It should be distinguished from indirect damage and from the third type of consequences of the insured event, called lost profits. It consists in the fact that the insured does not receive the property benefit that he could receive under normal conditions. The insurance contract may provide for the payment of insurance compensation in a certain amount, without taking into account direct damage and lost profits.
The law gives the insurer the right to compensate for damages in natural form such as replacing damaged property. However, in any case, the damage is compensated only within the amount of the insurance indemnity.
In the law, the objects of insurance include property interests related to compensation by the insured for the harm caused by him to the person and property of an individual, as well as the harm caused to a legal entity. This type of insurance is called liability insurance. With liability insurance we are talking on protecting the interests of the insured and the victim. Consequently, when insuring liability, the subject of insurance relations, in addition to the insurer and the insured, is also the victim. If there is a liability insurance contract, a claim for damages by the victim is sent to the insurance company, which compensates him within the established limit of liability. If the damage exceeds this limit, then the excess part of the damage is repaid by the guilty party on the basis of a court decision.
Article 14 of the Law on Insurance provides that insurers may act both individually and form associations. Insurers may form unions, associations and other associations to coordinate their activities, protect their corporate interests and implement joint programs. ^ .
Associations of insurers are called upon to carry out mainly a coordinating role. They do not have the right to engage in insurance activities. In this regard, it should be noted that this provision does not correspond to world practice. For example, associations of insurers such as insurance pools, in most countries are engaged in insurance activities and are a necessary element of the insurance market.
Article 30 of the Insurance Law establishes state supervision of insurance activities in the Russian Federation. State supervision of insurance activities is carried out by the Russian Federal Service for Supervision of Insurance Activities, acting on the basis of the Regulations approved by the Government of the Russian Federation.
The main functions of the Russian Federal Service for the Supervision of Insurance Activities are:
issuance of licenses to insurers to carry out insurance activities;
maintaining a unified State register of insurers and associations of insurers, as well as a register of insurance brokers;
control over the validity of insurance rates and ensuring the solvency of insurers;
establishment of rules for the formation and placement of insurance reserves, indicators and forms of accounting for insurance operations and reporting on insurance activities;
development of normative and methodological documents on the issues of insurance activities referred by this Law to the competence of the Russian Federal Service for Supervision of Insurance Activities.
Federal Service of Russia for Supervision of Insurance Activities:
receives from insurers the established reporting on insurance activities, information on their financial position;
checks compliance by insurers with laws on insurance and the reliability of their reporting;
upon detection of violations by insurers of the requirements of the Law on Insurance, gives them instructions to eliminate them, and in case of failure to comply with the instructions, suspends or restricts the licenses of these insurers until the violations are eliminated or makes decisions to revoke licenses. The Federal Service also has the right to apply to the arbitration court with a claim for the liquidation of the insurer in the event of repeated violations by the latter of the legislation of the Russian Federation, as well as for the liquidation of enterprises and organizations that carry out insurance without licenses.

Insurance is a relationship to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them.

The legal basis for insurance is the Civil Code of the Russian Federation, Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the Organization of Insurance Business in the Russian Federation” (as amended and supplemented), Federal Law of November 29, 2007 No. 286-FZ “ On Mutual Insurance” and other regulatory documents.

This Law regulates relations between persons carrying out activities in the field of insurance business, or with their participation, relations on the implementation of state supervision over the activities of insurance business entities, as well as other relations related to the organization of insurance business.

Insurance activity (insurance business) - the field of activity of insurers for insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries for the provision of services related to insurance, with reinsurance.

The purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of an insured event.

The tasks of the organization of the insurance business are:

holding a unified public policy in the field of insurance;
establishment of insurance principles and formation of insurance mechanisms that ensure economic security citizens and business entities on the territory of the Russian Federation.

Insurance is carried out in the form of voluntary insurance and compulsory insurance.

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

Voluntary types of insurance are mainly determined by the nature of market relations.

1. Collective life insurance is carried out on special conditions when contracts are concluded with enterprises and organizations for the life insurance of their employees.

2. Insurance of citizens - protection of health and profitable accumulation of money. Contracts for this type of insurance can be concluded by citizens aged 16 to 77 years (except for disabled people of group I) for a period of 3 years, 5, 10, 15 and 20 years, but not older than 80 years of age at the time of termination of the contract. The contract may be concluded in favor of a third party (by parents in favor of children, etc., by enterprises in favor of their employees).

3. Insurance of children to the age of majority is carried out under contracts of insurance of children, regardless of age and state of health. These agreements may be concluded by parents (adoptive parents), guardians or custodians and other relatives of the child. The age of the child must not exceed 15 years, the term of insurance is determined as the difference between 18 years and the age of the child. Insurance premiums can be paid in a lump sum or monthly.

4. Home contents insurance in modern conditions is gaining more and more importance.

5. Insurance of vehicles owned by citizens. In Russia, sufficient experience has already been accumulated in this insurance. The vehicle insurance contract extends its effect to insured events (risks) that occurred on the territory of Russia. Go to objects this insurance relate:

a) cars, trucks; buses; tractors of all types, including those owned by citizens and stateless persons;

b) drivers and passengers (according to the number of seats);

c) additional equipment and accessories (radio recorders, seat covers, signaling equipment, etc.). The payment of insurance compensation is made within the limits of the damage caused in prices at the time of the insured event, but not higher than the sum insured specified in the contract, and the amount of insurance compensation is confirmed by the act of inspection of the damaged vehicle and an estimate for repairs drawn up with the participation of specialists.

The vehicle can be insured for any amount insured within its actual value, taking into account the percentage of depreciation. With wear over 60% vehicle not accepted for insurance.

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

a) subjects of insurance;

b) objects subject to insurance;

c) a list of insured events;

G) minimum size sum insured or procedure for its determination;

e) size, structure or procedure for determining the insurance rate;

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

g) validity period of the insurance contract;

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

i) control over the implementation of insurance;

j) the consequences of failure to comply or improper performance obligations by the subjects of insurance;

k) other provisions.

Compulsory insurance at the expense of policyholders is divided into:

building insurance;
farm animal insurance;
personal insurance of passengers of air, rail, sea, inland waterway and road transport;
compulsory personal and property state insurance.

The objects of personal insurance may be property interests related to:

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

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

The objects of property insurance may be property interests related, in particular, to:

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

2) the obligation to compensate for the damage caused to other persons (civil liability insurance);

3) carrying out entrepreneurial activities (insurance of entrepreneurial risks).

Insurance of illegal interests, as well as interests that are not illegal, but the insurance of which is prohibited by law, is not allowed.

If federal law unless otherwise specified, it is allowed to insure objects related to different types property insurance and (or) personal insurance (combined insurance).

On the territory of the Russian Federation, insurance (with the exception of reinsurance) of the interests of legal entities, as well as individuals - residents of the Russian Federation can only be carried out by insurers that have licenses obtained in established by law okay.

Compulsory state insurance is carried out at the expense of the budget.

Compulsory personal state insurance is established for all employees tax authorities, police, prosecutors, judges, military personnel of the internal troops, citizens called up for military training. Mandatory state property insurance provided for in case of damage caused by the destruction or damage to property in connection with the performance of official activities (for example, the disaster at the Chernobyl nuclear power plant). Insurance claims on mandatory state insurance are made mainly at the expense of budgetary funds.

In compulsory state insurance, the state as obligatory subject in all financial legal relations acts as an insurer of property and personal interests of certain categories of citizens.

Unlike legal relations on compulsory insurance, in relations on compulsory state insurance, one of the parties is always the state or its authorized body, and insurance is carried out (for the insured) free of charge - at the expense of the budget.