Insurance (in the proper sense), depending on the object of insurance, is divided into two main sectors - property and personal. The legislation distinguishes the following main types of insurance: property insurance, personal insurance, legal liability insurance and, finally, business risk. In addition, special attention is paid to special types insurance: pension, medical, marine, deposits and foreign investment from non-commercial risks.
Objects of property insurance There may be property interests associated, in particular, with:
- possession, use and disposal of property (property insurance);
- obligation to compensate for damage caused to others (insurance civil liability);
- implementation entrepreneurial activity, i.e. insurance of business risks (Articles 929, 931, 932 of the Civil Code of the Russian Federation, paragraph 2 of Article 4 of the Law “On the organization of insurance business in Russian Federation»).
Object personal insurance are the personal benefits of a citizen related to his life, health, and ability to work (Clause 1, Article 4 of this Law). The state prohibits the insurance of certain interests (for example, illegal losses from participation in games, lotteries and bets, as well as expenses that a person may be forced to incur in order to free hostages).
The Law of the Russian Federation “On the organization of insurance business in the Russian Federation” (Article 3), like the Civil Code of the Russian Federation (Article 927), provides for two forms of insurance: voluntary and compulsory. The first is carried out on the basis of an agreement between the policyholder and the insurer and the insurance rules defining General terms and the procedure for its implementation. Insurance rules are adopted and approved by the insurer independently in accordance with the law. Specific insurance conditions are established when concluding a separate insurance contract in accordance with the Civil Code of the Russian Federation. Issues related to the procedure for the formation and use of the reserve of preventive measures for voluntary types of insurance are regulated by the rules financial law(See Approximate regulations on the reserve of preventive measures for voluntary types of insurance, approved by Rosstrakhnadzor on January 18, 1995).
Compulsory is insurance carried out by force of law. For each specific type of compulsory insurance, a federal law must be adopted containing the elements established by law, including: subjects; objects subject to insurance; the minimum amount of the insured amount or the procedure for determining it, etc.
Compulsory insurance can appear in the form:
- compulsory state insurance, carried out at the expense of the budget,
- compulsory insurance carried out at the expense of the policyholders themselves.
Among characteristic features legal relations arising during compulsory insurance, allowing them to be classified as financial legal relations, can be called the following:
- firstly, the establishment by the state of the types, procedure and conditions of compulsory insurance, carried out at the expense of the insurers themselves, the availability state supervision in this area, either the direct participation of the state (the body authorized by it) as a mandatory subject of relations;
- secondly, the use of the imperative method in regulating the emergence, change and termination of these legal relations.
Compulsory insurance is divided into compulsory state, compulsory (non-state) insurance. In the first case, insurance premiums are paid from the corresponding budget (or off-budget funds), in the second - at the expense of the policyholder or other persons.
Compulsory (non-state) insurance, in turn, can be property and personal, as well as paid and free.
To the main species compulsory and compulsory state insurance includes the following.
- Civil liability insurance for vehicle owners, introduced on the territory of the Russian Federation on January 1, 2004 by the Federal Law of April 25, 2002 “On compulsory civil liability insurance for vehicle owners”1. Carried out at the expense of vehicle owners. The insured amount is 400 thousand rubles, including 240 thousand rubles. - for compensation for harm caused to the life or health of several victims and not more than 160 thousand rubles. - per one victim. In terms of compensation for damage caused to property - accordingly, 160 thousand rubles. and no more than 120 thousand rubles. (in case of damage to the property of one victim). The state regulates insurance rates for this type of insurance.
- A type of compulsory property insurance is fire insurance of property owned, used or disposed of by enterprises (including foreign legal entities) carrying out business activities in Russia at the expense of the said enterprises (Article 28 of the Federal Law of December 21, 1994 "On fire safety").
- The main type of compulsory personal insurance is compulsory personal insurance of passengers, carried out on the basis of the Decree of the President of the Russian Federation of July 7, 1992 “On compulsory personal insurance of passengers” (as amended on July 22, 1998)2. At the expense of insurers' contributions, accident insurance is provided for passengers of air, rail, sea, inland water and road transport, as well as tourists and excursionists making intercity excursions through tourist and excursion organizations for the duration of the trip or flight. Sum insurance payment is included in the price of the ticket (voucher). The insurance amount is set at 120 minimum sizes wages at the date of acquisition travel documents. In some cases, free compulsory insurance is provided. For example, citizens engaged in private detective and security activities, employed for hire, are subject to compulsory insurance at the expense of the funds of the relevant enterprise (association) in the event of death, injury or other damage to health in connection with the implementation of detective and security actions (Article 19 of the Law of the Russian Federation dated March 11, 1992 “On private detective and security activities in the Russian Federation”).
Mandatory conclusion of insurance contracts is provided for by law in a number of cases. These include:
- insurance of certain types of activities, provided for the purpose of guaranteeing compensation by policyholders for possible damage if it is caused to third parties in the course of the activities of the insured: for example, notaries engaged in private practice, customs broker, customs carrier (Article 18 of the Fundamentals of the Legislation of the Russian Federation on Notaries; Article 95 , 140 Labor Code of the Russian Federation);
- mandatory imprisonment insurance contracts for the benefit of other persons,” for example, the donor is subject to compulsory insurance at the expense of the blood service in case of infection with infectious diseases when he performs the donor function (Article 8 of the Law of the Russian Federation of June 9, 1993 “On the donation of blood and its components”);
- compulsory insurance of some cultural valuables and other property: for example, during the temporary export of cultural valuables by state museums, etc. (Article 30 of the Law of the Russian Federation of April 15, 1993 “On the export and import of cultural valuables”).
The legislation provides for mandatory both personal and property state insurance. The list of cases of compulsory personal insurance is wider compared to compulsory property insurance. Compulsory state insurance, in addition to the general classification into personal and property, can be divided into:
- established for persons in the civil service (see Article 15 of the Federal Law of July 31, 1995 “On the Fundamentals of Civil Service”3 (valid until the entry into force on February 1, 2005 of the Federal Law of July 27, 2004 “On State Service”) civil service of the Russian Federation"4) and the Federal Law of March 28, 1998 "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, firefighting bodies control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system and employees of federal tax police authorities");
- established for persons affected by radiation accidents at civil and military facilities, from environmental and other emergency disasters (see Article 28 of the Law of the Russian Federation of May 15, 1991 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”) ;
- established for persons engaged in medical and other scientific research in the field of virology, the provision of medical, psychiatric and other types of care, as well as persons engaged in various rescue work(Article 22 of the Law of the Russian Federation of July 2, 1992 “On psychiatric care and guarantees of the rights of citizens during its provision”).
All of the above types of compulsory insurance (including state insurance) are carried out regardless of the agreement of the parties (insurer and policyholder) on the conditions established by the state. The importance of compulsory insurance is that it makes it possible to provide significant financial assistance with relatively small insurance premiums, which becomes possible only with the widest possible range of persons participating in legal relations for compulsory insurance and, in addition, guarantees the use of part of the insurance premiums to create reserves to finance measures to prevent accidents.
Compulsory insurance is a form of insurance in which insurance relations arise by force of law. The initiator of compulsory insurance is the state, which in the form of a law obliges legal entities and individuals to contribute funds to ensure public interest. The types, conditions and procedure for compulsory insurance are determined by the relevant laws of the Russian Federation.
Compulsory insurance means that insurance must be carried out by virtue of the dictates of the state, regardless of whether the policyholder himself wants or does not want it.
Compulsory insurance is a form of insurance, the implementation of which is entrusted to the policyholder by law and is carried out through the conclusion of an insurance contract between the policyholder and the insurer. The policyholder carries out compulsory insurance at his own expense.
Compulsory insurance arises if one of the following conditions is present:
- voluntary insurance of such risks is commercially unprofitable for insurers;
- voluntary insurance is too expensive for the policyholder;
- the policyholder himself underestimates the seriousness of such risks.
But at the same time, there must be an objective social need for protection against such risks. In this case, the state adopts a law on compulsory insurance.
The initiative to implement compulsory insurance belongs to the state, therefore such insurance always has a social connotation and expresses the state’s concern either for a certain layer of citizens (for example, insurance of air and railway passengers, where the risk of harm is greatest), or for certain property (for example, insurance of residential buildings owned by citizens, etc.). In other words, compulsory insurance means establishing insurance protection for objects that are important for the entire society.
PRINCIPLES OF COMPULSORY INSURANCE
The following principles of compulsory insurance exist:
1. The most important principle is the principle of obligation. Insurance is mandatory by virtue of the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”.
2. An important principle of compulsory insurance is the principle of complete coverage. It lies in the fact that insurance companies entrusted with compulsory insurance must ensure 100% coverage of objects with this form of insurance, for which they must annually register objects subject to insurance.
3. Another important principle is the principle of automaticity, that is, the automatic nature of the distribution of compulsory insurance. Objects of compulsory insurance are included in the plans of insurance companies as they are the last to be registered, after which there is an automatic obligation of the policyholder to increase insurance premiums under the conditions and within the time limits established by law.
4. Another important principle of compulsory insurance is the principle of perpetuity. It lies in the fact that the insurance is valid until the law (decree) on compulsory insurance is repealed or until the policyholder owns, uses and disposes of the insured property.
5. There is also a principle of independence in making insurance payments. If the policyholder has not paid the premiums, they are collected from him through the court. If during this time the property was damaged or destroyed, the insurer will pay insurance compensation, while retaining the debt (a penalty is charged on the debt).
6. The principle of rationing insurance coverage. Compulsory insurance in its contract specifies a standardized amount of insurance coverage in the amount of a certain percentage of the property valuation. Or it may be a fixed amount, which is prescribed in insurance legislation for certain insurance objects.
SIGNS OF COMPULSORY INSURANCE
The features of compulsory insurance can be divided into economic and legal.
The economic features of compulsory insurance include:
1. Massiveness - involvement of a significant number of insured persons in insurance.
2. Generality - all persons falling under the category of policyholder or insured person must act in this capacity.
3. Comprehensiveness - all objects subject to insurance must be insured.
4. Breadth of coverage is an achievement large quantity objects of insurance.
5. Accessibility - an insurance infrastructure must be created that will allow the policyholder to carry out insurance without much hassle and difficulty.
6. Uniformity - the procedure and conditions of insurance are established by law, which ensures uniformity of insurance, regardless of who specifically acts as the insured and the insurer and in what place this insurance is carried out.
7. Cost-effectiveness - taking into account that insurance may involve persons who do not have significant income, the amount of insurance premiums is set to the minimum possible amount.
The legal features of compulsory insurance include:
1. Insurance is an establishment of the state.
2. Compulsory insurance is established legal act, in the form of a federal law.
3. Insurance conditions are for the most part determined by regulatory legal acts, and not by contract, as is typical for voluntary insurance.
4. Compulsory insurance is compulsory in nature - the policyholder must carry out insurance, regardless of whether he wants it or not.
5. Insurance is accompanied by the establishment of special protection of the interests of both persons who must be insured and persons who act as beneficiaries.
6. Evasion of compulsory insurance by policyholders entails established liability.
Compulsory insurance is carried out by concluding an insurance contract. An exception to this rule is state compulsory insurance, which can be provided in a non-contractual form.
The insured under a compulsory insurance contract is the person who is entrusted with the obligation of such insurance.
TYPES OF COMPULSORY INSURANCE
There are several types of compulsory insurance, each of which helps to organize a specific area social life citizens:
- health insurance;
- social insurance;
- pension insurance;
- property insurance;
- insurance auto liability;
- insurance of liability for damage caused during the operation of dangerous production facility;
- passenger insurance.
Health insurance- This is the most common type of compulsory insurance. Almost all residents of the country have a compulsory medical insurance policy; it provides broad guarantees in the provision of medical services.
The purpose of compulsory health insurance is to ensure the immediate provision of medical care at the expense of the fund’s savings funds. Money in medical fund employers transfer in the form of deductions in the amount of 3.6% from the unified social tax.
To obtain a policy health insurance you must contact the Territorial Compulsory Medical Insurance Fund, the address of which can be found at the nearest clinic. When moving from one subject of the federation to another, you must pass old policy and then get a new one.
However, to provide medical care you have the right to travel in any corner of Russia, therefore, when going on a business trip or vacation, be sure to take the policy with you.
Not all medical services are provided free of charge, thus, preventive, sanitary-resort, cosmetology and other services provided on the personal initiative of citizens are provided on a commercial basis.
Toward compulsory social insurance There are two types of insurance:
- social insurance in case of temporary disability and in connection with maternity;
- social insurance against industrial accidents and occupational diseases.
Mandatory pension insurance developed by the state for the purpose monetary compensation working population upon retirement. The pension of every citizen of the Russian Federation accumulates as a result pension contributions. Due to insurance contributions from the place of work, accruals are created that serve as a savings fund throughout the entire labor activity employee. At the same time the size pension savings, regardless of deductions, you can increase it yourself. This becomes possible thanks to the voluntary investment of one’s own savings portion into Federal Fund pension insurance.
Each insured person is given a insurance certificate state pension insurance, which confirms the registration of the insured in the state pension insurance system of the Russian Federation.
Type of compulsory property insurance is insurance of deposits of individuals in banks of the Russian Federation, which is regulated by Federal Law dated December 23, 2003 No. 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation”. The goals of the Law are to protect the rights and legitimate interests of depositors of Russian banks, strengthen confidence in the banking system of the Russian Federation and stimulate the attraction of savings from the population in banking system RF.
OSAGO – compulsory motor third party liability insurance. All car owners know about this type of compulsory insurance. It guarantees compensation for damage to health, life or property in the event of an accident. Auto liability insurance will not help if your car is stolen or damaged. For high payments and an extended insurance package, you will have to take out CASCO insurance, which is not cheap.
Mandatory civil liability insurance for the owner of a dangerous facility, which include:
- mines;
- mines;
- metallurgical plants;
- chemical workshops;
- factories for the production of explosives;
- NPP;
- oil production platforms;
- fuel and lubricants warehouses;
- flour mills;
- other enterprises with the possibility of a threat to life.
An ammonia leak, an explosion at a nuclear power plant, a collapse in a mine, a fire at a gas station - all these are accidents at hazardous facilities. If an accident occurs at a dangerous facility, all injured people receive increased insurance payments.
Compulsory personal accident insurance for passengers applies to passengers of air, railway, sea, inland water and road transport, as well as tourists and excursionists on international excursions through tourist and excursion organizations, for the duration of the trip or flight. It is carried out by concluding agreements between the relevant transport and freight forwarding companies and insurers. This type of compulsory insurance does not apply to such types of transport as taxis.
Due to violations by carriers of the interests of citizens and the lack of guarantees of receiving payments, on January 1, 2013, OSGOP-Law No. 67 (Compulsory civil liability insurance of carriers) came into force. The maximum payment is 2 million rubles; in the event of the death of a passenger, another 25 thousand rubles are added to it for the funeral.
However, with the adoption of the law, the situation has changed little, since carriers, in collusion with insurance companies, evade fulfilling their duties in every possible way.
To receive payment in the event of an emergency, you will need to contact the insurer with a ticket and an insurance check. Therefore, do not throw away your ticket and insurance before arriving at your destination. The insurance is valid only for the duration of the trip.
A special type of compulsory insurance is compulsory state insurance. The subjects of this type of insurance include:
- military personnel;
- citizens called up for military training;
- persons of ordinary and commanding composition of the internal affairs bodies of the Russian Federation;
- employees of institutions and bodies of the penal system;
- employees of the federal tax police;
- employees, military personnel and workers of the State Fire Service.
The legislative framework
There are a number of legislative acts mandating compulsory state insurance for individual categories persons For example, such basic laws of the Russian Federation include:
Federal Law No. 3132-I, Article 20 “On the status of judges in the Russian Federation”, according to which the property, health and life of a judge are subject to compulsory state insurance total amount wages over the past fifteen years.
Federal Law No. 45-FZ “On state protection of judges, officials law enforcement and regulatory authorities" states that other categories of persons are subject to compulsory insurance, such as: investigators, prosecutors, persons conducting inquiries and others; Federal Law No. 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation."
Federal Law No. 5-FZ, Article 22 “On Foreign Intelligence”, according to which the entire personnel of foreign intelligence agencies is subject to insurance in the amount of one hundred and eighty official salaries (salaries); The insurer is the foreign intelligence agency of the Russian Federation under the patronage of the President of the Russian Federation.
Federal Law No. 52-FZ “On compulsory state insurance of life and health of military personnel.
Federal Law N 403-FZ "On the Investigative Committee of the Russian Federation"
Other legislative acts.
Liability for violation of rules on compulsory insurance
If it turns out that compulsory insurance has not been carried out, then the person in whose favor it should have been carried out has the right to judicial procedure require the person charged with insurance to carry it out.
If compulsory insurance is not carried out by the person entrusted with the obligation of insurance or if an insurance contract is concluded, but its terms violate the interests of the beneficiary, then in the event of insured event, the person is liable to the beneficiary in the amounts that would be established with proper insurance.
Amounts saved by a person due to improper insurance are collected as state income with interest accrued in accordance with Art. 395 of the Civil Code of the Russian Federation.
Insurance is a relationship to protect the property interests of individuals and legal entities upon the occurrence of certain events (insured events) at the expense of monetary funds, formed from the insurance contributions (insurance premiums) they pay.
The legal basis for insurance is the Civil Code of the Russian Federation, Law of the Russian Federation No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation” and other regulatory documents.
Insurance— a system (method) for protecting the material (property) interests of subjects of the insurance market (individuals and legal entities), the threat of which always exists, but is not mandatory.
Insurance product- This is the effect of insurance. His evidence certifying that such an action occurred is insurance policy.
Insurance is a system for protecting material interests. The fact that material interests require protection is due to probability of threat their existence. For each individual owner, it (the threat) is small, but in general, according to the law of large numbers, it is quite real. Hence the objective need to insure material risks, which gives rise to the concept of an insurance product, which should always be present on the financial market. Each insurance product corresponds to a specific object of insurance(what is insured), determines reasons for insurance (insurance risk), its cost ( insurance amount ), price ( insurance rate), conditions cash payments (insurance settlements) in anticipation of the events against which insurance is made. Certificate (certificate) insurance product is a document called insurance policy. The policy confirms the fact of the prisoner insurance contract(purchase and sale of insurance product), which is always substantive, addressed to insurance participants, contains the main quantitative parameters transaction is legal document.
An insurance contract is a contract for the purchase and sale of an insurance product.
Essence and functions of insurance
Practically any direction economic activity is risky, since there is always the possibility of incurring financial losses caused by adverse events or their consequences. The reason for this may be related to both the human factor and natural phenomena independent of the will of man or society. Throughout his life, a person faces many dangers that threaten his life, health, and property.
A possible danger realized by a person is expressed in the concept " risk". In the environment in which they operate, risk from an everyday concept becomes an economic category. How economic category, risk characterized by the concept of probability and uncertainty in the development of the situation. Almost any event in the life of a specific subject, group or society can be realized in three directions:
- the result of the event may become favorable (there is a probability of winning);
- the result of the event will not entail changes (zero result);
- the result of the event is negative (involves losses).
Typically, the concept of risk (riskiness of a situation) is associated with possible future negative consequences of the event.
Risk is a future probable event with negative economic consequences unknown sizes.
The actual unfavorable outcome of the risk is expressed through damage. Unlike risk, damage is subject to a specific material measurement. The factor of risk and the need to compensate for possible damage requires the organization to have a mechanism to protect against accidents.
Society uses various measures that make it possible to predict with certain reliability the likelihood of a risk occurring, which makes it possible to reduce its negative consequences, i.e., damage. One of ways to manage risk is insurance system.
Term insurance First of all, it is associated in the human mind with the word “fear” (fear for the safety of one’s property, for one’s health, life, etc.). It was the fear of incurring material losses and the need to compensate for them that gave rise to insurance. Property owners quickly realized that it was very difficult to compensate for losses incurred alone, since this required creating reserve reserves at their own expense. As a way out of this situation, there was the idea of joint liability for damage, incurred by one of the owners, at the expense of funds general fund. All participants in the fund contribute funds to it, which are spent to compensate for the losses of investors. Therefore, a person’s awareness of the danger and the random nature of adverse events, as well as the joint distribution of damage between fund participants, led to the emergence of one of the first organizational forms of insurance activity.
The further development of social production relations led to the need to ensure uninterrupted operation and continuity. Contradictions between man and nature, as well as within society itself, create the preconditions for the occurrence of random events that have negative consequences. Thus, the risky nature social production creates a need to organize relationships between people to prevent and localize destructive consequences natural Disasters and disasters of various types, and also to compensate for damage incurred as a result of these circumstances.
As a modern definition of the term insurance The following can be highlighted:
Insurance represents a relationship to protect the property interests of individuals or upon the occurrence of certain events (insurance events) at the expense of monetary funds formed from the insurance contributions (insurance premiums) they pay.
Economic essence of insurance consists of the following functions:
- Risk function. The essence of insurance is the risk transfer mechanism, more precisely, financial consequences risks. For these purposes, the insurance organization forms a specialized insurance fund at the expense of paid insurance premiums (risk fees). The funds of the fund are used to reimburse material losses of fund participants. In exchange for paid insurance premiums, the insurance organization assumes responsibility for the risks taken.
- Warning function provides measures to prevent an insured event and minimize damage caused by insured events. For this purpose, the insurer creates a fund of precautionary measures, the funds of which are spent on predetermined purposes aimed at reducing insurance risks and their negative consequences. An insurance risk is an expected event against which insurance is provided. Event considered as insurance risk, must have signs of probability and randomness of its occurrence. An insured event is an event that has occurred, stipulated by the contract insurance or law, upon the occurrence of which the insurer becomes obligated to make an insurance payment to the policyholder, insured person, beneficiary or other third parties.
- Control function is carried out in strictly targeted formation and use of funds.
- Savings function implemented when carrying out certain types of life insurance - endowment insurance. Insurance organization simultaneously provides the client with insurance protection and performs the function of a savings institution.
Insurance activity - concept and types
Insurance activities(insurance business) - the field of activity of insurers in insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries in the provision of services related to insurance and reinsurance.
The purpose of organizing the insurance business is to ensure the protection of property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities upon the occurrence of insured events.
The objectives of the insurance business organization are:
- carrying out 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.
Objects of insurance
1. Objects personal insurance there may be property interests associated with:
- survival of citizens to a certain age or period, with death, with the occurrence of other events in the lives of citizens (life insurance);
- causing harm to the life and health of citizens, providing them with medical services (accident and disease insurance, medical insurance);
2. Objects property insurance there may be property interests associated, in particular, with:
- possession, use and disposal of property (property insurance);
- the obligation to compensate for damage caused to others (civil liability insurance);
- carrying out business activities (insurance of business risks);
3. Insurance of illegal interests, as well as interests that are not illegal, but the insurance of which is prohibited by law, is not allowed;
4. Unless otherwise established by federal law, insurance of objects related to different types and (or) (combined insurance);
5. 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 be carried out only by insurers who have licenses obtained in the manner prescribed by this law.
Compulsory and voluntary insurance
Insurance is carried out in voluntary and compulsory forms.
Voluntary insurance- based on an agreement between the policyholder and the insurer. Rules voluntary insurance, defining the general conditions and procedure for its implementation, are established by the insurer independently in accordance with the provisions of the Law of the Russian Federation “On Insurance”. Specific insurance conditions are determined when concluding an insurance contract.
Compulsory is insurance carried out by force of law. The types, conditions and procedure for compulsory insurance are regulated by other laws of the Russian Federation.
Compulsory insurance, in turn, is divided into insurance at the expense of policyholders:
- building insurance;
- farm animals;
- personal insurance for passengers of air, rail, sea, inland water and road transport;
- compulsory personal and property state insurance.
Voluntary types of insurance are determined mainly by the nature of market relations.
- Collective insurance life on special conditions when contracts are concluded with enterprises and organizations to insure the life of their employees.
- Citizens insurance- this is health protection and profitable accumulation of money. Agreements for this type insurance can be concluded by citizens aged 16 to 77 years (except for disabled people of group 1) for a period of 3 years, 5, 10, 15 and 20 years, but not older than 80 years of age at the end of the contract. The agreement may be concluded in favor of a third party (parents in favor of children, spouses, etc., enterprises in favor of their employees).
- Children's insurance to adulthood is carried out under insurance contracts for children, regardless of age and health status. These agreements can be concluded by parents (adoptive parents), guardians or trustees and other relatives of the child. The age of the child must not exceed 15 years and the insurance period is determined as the difference between 18 years and the age of the child. Insurance premiums can be paid in one lump sum or monthly.
- Home contents insurance V modern conditions is becoming increasingly important.
- Vehicle insurance owned by citizens. Russia has already accumulated sufficient experience in this insurance. The vehicle insurance contract covers insurance events(risks) that occurred on the territory of Russia.
Compulsory insurance-- a form of insurance relations based on relevant legislative acts, establishing a list of objects, parties and insurance conditions. The essence of this form lies in the compulsoryness, universality and social necessity of insurance protection of the interests of legal entities and individuals.
The peculiarity of such insurance is statutory coercion and conclusion of a contract. In addition, objects subject to compulsory insurance, conditions and procedures for insurance are determined by law. insurance compulsory voluntary financial
A feature of compulsory insurance is also the absence of a specific period of validity of insurance coverage. Objects are insured for the entire period of their existence, service and operation. At the same time, failure of policyholders to pay regular insurance premiums does not terminate the insurance coverage.
Compulsory insurance is characterized by various sources of financing: budget resources(insurance of certain categories of citizens); insurance premiums (transport passenger insurance); funds from special state funds - off-budget financing funds (social insurance, pension insurance, etc.).
Classification of types of compulsory insurance in the Russian Federation:
- · Compulsory health insurance (CHI)
- · Compulsory social insurance
- · Compulsory state insurance of military personnel and civil servants
- · Compulsory personal insurance for passengers
- · Mandatory insurance of liability for damage caused during the operation of a hazardous production facility
- · Compulsory civil liability insurance for vehicle owners.
The following types are formally not mandatory, but the conclusion of appropriate agreements is a prerequisite professional activity policyholders:
- · Liability insurance during construction and installation work
- · Liability insurance on the stock market.
In addition to these types, in the Russian Federation, realtors and notaries in order to obtain a license to carry out professional activities must have a certificate from an insurance company regarding liability insurance.
The implementation of compulsory insurance, its conditions and procedure are determined by federal laws on specific types of compulsory insurance. The procedure for implementing compulsory insurance is also regulated by Art. 936 of the Civil Code of the Russian Federation. Compulsory insurance in most cases is carried out at the expense of the policyholder, except for compulsory insurance of passengers, which in provided by law cases may be carried out at their expense.
Tasks
Task 1. Name the basic rules for the placement of insurance reserves (funds) and analyze the powers of government authorities to regulate the activities of non-state insurance organizations
Use of funds insurance fund based on the principle of closed damage distribution. Based on this principle, funds are redistributed both in space and time. Due to the discrepancy between the time of receipt of funds into the insurance fund and the time of payments from it, the insurer creates insurance reserves, which the insurer can use on the principles of diversification, repayment, profitability and liquidity. Possible areas for using insurance reserves:
- · government securities;
- · securities of constituent entities of the Russian Federation and local authorities;
- · deposit bank deposits;
- · corporate securities (shares, bonds, certificates, etc.);
- · ownership rights to a share in the authorized capital;
- · real estate (land, apartments, houses and other types);
- · currency values;
- · cash.
It is prohibited to use funds from insurance reserves for:
- · providing loans (credits) to individuals and legal entities, except for certain cases provided for by law. (only the issuance of loans to policyholders who have entered into personal insurance contracts is allowed, within the limits of the insured amounts under these contracts);
- · concluding sales and purchase agreements, except as provided for by the rules;
- · acquisition of shares and shares of commodity and stock exchanges;
- · investments in intellectual property;
- · investments not provided for by the special Rules for the placement of insurance reserves.
State influence on insurance activities carried out through reporting on the activities of insurance organizations, checking their activities and regulatory regulation insurance activities.
Since March 2011, regulation of insurance relations has been entrusted to the Federal Service for Financial Markets.
The Federal Service for Financial Markets (FSFM) is federal body executive power, carrying out the functions of legal regulation, control and supervision in the field of financial markets(except for banking and auditing activities), including control and supervision in the field of insurance activities, credit cooperation and microfinance activities, activities commodity exchanges, exchange intermediaries and stock brokers, providing state control for compliance with the requirements of the legislation of the Russian Federation on countering misuse insider information and market manipulation.
Overall system government regulation The Russian insurance market consists of in various ways interaction on it, carried out not only by the FFMS.
The main problem of state insurance supervision is the amount of reserves that guarantee the solvency of the insurer. The lack of funds from the insurer to pay for accepted obligations undermines confidence not only in a specific insurer, but also in the idea of insurance as a whole. And the state cannot stand aside from insurance activities, since distrust of the insurance idea in the public consciousness is embodied in the population’s claims to state institutions.
Task 2. Expand the system of government bodies that regulate insurance activities in the Russian Federation
The structure of state regulatory bodies for the activities of organizations in insurance market includes:
- - Government of the Russian Federation, exercising leadership Federal service on financial markets;
- - Ministry of Finance of the Russian Federation;
Ministry of the Russian Federation for antimonopoly policy- establishes antimonopoly rules and monitors their implementation;
- - central bank RF - regulates the specifics of the activities of insurance organizations in the banking services market;
- - Federal Market Commission valuable papers- regulates the specifics of the activities of insurance organizations in the securities market;
- - Ministry of the Russian Federation for Taxes and Duties, etc.
Task 3. Give a legal description of compulsory and voluntary insurance. Give examples
According to Art. 3 of the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”):
- 1) voluntary insurance is carried out on the basis of the free will of the policyholder and the insurer;
- 2) compulsory insurance is carried out by virtue of special laws. The implementation of compulsory insurance is also regulated by the Civil Code of the Russian Federation (Article 936). The person charged with insurance must comply with the legal requirement. Liability for failure to fulfill insurance obligations is discussed in Art. 937 Civil Code of the Russian Federation. If the person entrusted with the implementation of compulsory insurance has not fulfilled this obligation, upon the occurrence of an insured event, he is liable to the beneficiary on the same conditions as the insurance compensation should have been paid with proper insurance. The same types of insurance (personal, property, liability insurance) can be the objects of both voluntary and compulsory insurance.
Voluntary and compulsory insurance have their own characteristics. A feature of voluntary insurance is the good will of individuals or legal entities (policyholders) who wish to insure their life, property or civil liability and enter into insurance contracts, an integral part of which are the insurance rules.
The insurance rules determine the general conditions and procedure for the implementation of insurance; they are accepted and approved by the insurer or association of insurers independently in accordance with: insurance
- 1) with the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”;
- 2) from Ch. 48 of the Civil Code of the Russian Federation, which regulates the relationship between the insurer and the policyholder arising as a result of the execution of an insurance contract.
A feature of compulsory insurance is the imposition of an obligation on individuals or legal entities (policyholders) by federal laws, which consists in the obligatory conclusion of an insurance contract.
Another peculiarity of such insurance is that only federal laws have the right to impose an insurance obligation. The conditions and procedure for compulsory insurance are determined by federal laws on specific types of compulsory insurance. However, compulsory insurance relations are also subject to the Law of the Russian Federation “On the organization of insurance business in the Russian Federation” in terms of establishing legal framework regulation of insurance relations.
Created in Russia health insurance system, containing a system of measures intended for social protection interests of the population in health care. Medical insurance is provided in two types - compulsory (compulsory medical insurance) and voluntary (voluntary medical insurance)- in accordance with health insurance programs.
Compulsory medical insurance is currently subject to all Russian citizens (working and non-working) from birth. A citizen, having a compulsory insurance policy, receives free medical services when seeking medical care at a medical institution. However, he has the right to receive free of charge only a list of medical services specified by law. For young children with a personal name compulsory medical insurance policy, this document when contacting medical institution represented by parents. Medical services are free for citizens because they are paid from compulsory health insurance funds.
VHI - Performed at the request of the citizen or his employer; allows you to receive additional medical services beyond the guaranteed ones. Unlike compulsory health insurance, which is paid for by taxpayers, services under a voluntary health insurance contract are paid for by the citizen himself.
Unlike classical types of insurance with voluntary health insurance insurance payment is made not in cash, but in in kind: in the form of a package of medical and other services paid for by the insurer. Thus, VHI is a special type of insurance, since the beneficiary (insured) is a consumer of insurance and at the same time medical services.
The cooperation between an insurance organization and a medical institution provided for by law when providing medical care to citizens makes the insurer responsible for the quality of the organization of this process and, to some extent, for the quality of its results.
Task
Citizen Titova insured her a car from accidents and theft in LLC "Strakhovatel". Having gone on a long business trip, she handed over the car to her son by proxy. The son did not use the car parked in the garage for about one month, and when he decided to use it, it turned out that the car was stolen. Insurance Company refused to compensate property damage to Titova’s son. CEO LLC "Insured" stated that the contract was concluded by Titova, to whom the insured amount would be paid.
Are the actions of the insurance company legal?
The insurance company, in its refusal, was most likely guided by the fact that in the insurance contract between LLC “Strakhovatel” and citizen Titova, the son was not indicated as a beneficiary. Thus, guided by paragraph 1 of Art. 929 of the Civil Code of the Russian Federation, LLC “Insured” is indeed obliged to pay insurance compensation specifically to citizen Titova, who is the policyholder under the contract.
However, at its core, the policyholder is the creditor of the insurance obligation, and the insurer is the debtor. Thus, the policyholder, being a creditor in insurance obligation, may assign its right to claim payment to another person by way of simple assignment (clause 1 of Article 382 of the Civil Code of the Russian Federation).
Based on what was written above, we can conclude that the actions of the insurance company LLC “Strakhovatel” may be considered unlawful if citizen Titova cedes the right of claim to her son.
Insurance is an opportunity in financially protect yourself from various risks. In our difficult and unpredictable times, this is very important. This service has been relevant for a long time, but after they were introduced different kinds compulsory insurance in the Russian Federation, almost the entire population of the country began to use it. What is this activity in Russia? Let's define the main types of insurance in the Russian Federation, and also clarify other nuances of this service industry.
Definition
Despite the fact that types of insurance in the Russian Federation are presented in a fairly wide range, all this activity can be characterized by one definition.
This is a unique mechanism by which some of the possible risks fall on the shoulders of the organization providing these services. It is natural that, like any other service, legal or individual Those who want to minimize risks must pay. The compensation fund for losses in the event of an insured event is formed through periodic or one-time cash contributions.
Classification
Now let's look at specific types of insurance in the Russian Federation and establish how this form of services is classified.
All types of this activity can be classified according to two factors: by object and by level of obligation. In accordance with these criteria, types of insurance are determined. The Civil Code of the Russian Federation knows two main types of insurance according to the level of compulsoryness: voluntary and compulsory. These types will be discussed in detail below.
Voluntary insurance
The voluntary type of insurance provides for the conclusion of an agreement at the request of the client. He decides for himself what risks to protect himself from and which company to contact in this regard.
All types of voluntary insurance in the Russian Federation are divided into two fundamental groups: life insurance and other types of services.
Life insurance
One of the most popular types of these services is life insurance. In most cases, it provides for long-term periodic contributions. For natural reasons, this type of service is provided only to individuals.
An insured event is registered either upon the occurrence of death or upon survival to a certain age. Most often, payment is made when either of two events occurs. Voluntary pension insurance can also be included in this group.
Other voluntary types of insurance
Other types of voluntary insurance include a fairly wide range of services. But it can be divided into three main groups:
- personal insurance;
- civil liability insurance;
- property insurance.
The first of these types provides that the object of action is the person himself. Thus, first of all, this type can be attributed various shapes health insurance.
Medical insurance
From the name itself it is clear that this type of insurance is related to the state of human health. Insurance payment involves compensation for injury or payment for medical services.
- in case of illness;
- in the event of an accident;
- in the form of compensation for payment for treatment.
As a rule, all types of diseases are discussed separately. Not all of them are considered an insured event. For example, if you have a runny nose, it is unlikely that anyone will receive a payment.
The insurance contract may be canceled if the client concealed the real state of his health at the time of its conclusion.
Liability Insurance
IN Lately We are hearing about this type more and more often legal relations, like liability insurance. It provides for payment Money injured individual or legal entity in case of unintentional actions causing harm. The policyholder can be either a person or an organization.
Nowadays, quite a lot of people want to protect themselves from liability risks, so they carry out voluntary insurance even when the law for this type of activity does not provide for the implementation of such actions in mandatory.
Most often, this type of agreement is drawn up by the owners of road, water or railway transport, as well as the persons managing them. This type of service is popular among financially responsible persons in case of shortage or damage to property. You can also insure liability in case of accrual of penalties for failure to perform work under the contract. Enterprises operating hazardous facilities also quite often voluntarily try to protect themselves from such risks.
Property insurance
The loss of property has always been regarded by people as a bereavement. Therefore, to alleviate the pain of losing a valuable item, theft, the destruction of a home (say, due to tragic circumstances) or the loss of a crop, many people prefer to insure the item whose safety they are most worried about.
Exist individual species insurance in the Russian Federation for property. This is an appropriate act in relation to a car, real estate, water, air or rail transport, and valuable cargo.
Agricultural insurance deserves special mention. It is also considered property type. Clients are most often agricultural firms or farmers who insure crops or livestock. Often this type of service is provided with state support. Therefore, it is sometimes included in the list that includes types of state insurance in the Russian Federation.
Compulsory insurance
This type provides for the mandatory conclusion of a contract if the client has a certain condition (performance of specific work or services, ownership of vehicle etc.)
The main types of compulsory insurance in the Russian Federation: personal, liability, other types. All of these types also have their own division into groups. For example, other types include mainly different types social insurance in the Russian Federation. We will talk more about all of them below.
Personal compulsory insurance
This type of agreement requires the conclusion of various travel companies, passenger carriers, medical institutions, hotels, military units, etc. The object of legal relations is the life and health of guests, passengers, tourists, patients, military personnel, etc. in this case the policyholder and the beneficiary are different persons.
As a rule, funds to pay for such events are included in the operating costs of a particular company or organization.
Mandatory liability insurance
In addition to voluntary civil liability insurance, there is a mandatory form of it. The agreement is concluded by vehicle owners, air carriers and companies or persons operating hazardous facilities, the degree of risk to others from an accident is certified by a special document.
The most popular type of compulsory insurance, without a doubt, is compulsory motor liability insurance. All vehicle owners must enter into a corresponding agreement. The fact that there are many car owners in our country explains the demand for this particular service. The owner of a vehicle who has not purchased compulsory motor liability insurance may be subject to a fine from regulatory authorities.
In Russia, this type of insurance was launched in 2003, and in 2014 it was subject to significant reform. The essence of this service implies, in the event of material damage caused to the owner of another vehicle as a result of an accident, payment to the latter of monetary compensation at the expense of the insurance company. Thus, a rather strong material burden of responsibility will be removed from the person who caused unintentional damage, for which he financial position, perhaps, would not allow settlement, and the injured party can be confident of receiving monetary compensation for the losses caused. But the main condition for paying the insurance amount is the registration of the incident by the traffic police.
Another type of liability insurance is OPO. It is issued to the owner of hazardous production facilities. An insured event occurs when an accident occurs, resulting in material damage or harm to the health of others.
Other forms of compulsory insurance
All other types of compulsory insurance fall into the “other” category. Most often this includes mandatory social Security employees in the event of an unforeseen event (illness, dismissal, etc.)
There are the following types of compulsory social insurance in the Russian Federation:
- pension;
- from an accident at work;
- for temporary disability;
- upon loss of job.
Payment of contributions rests partly with the employee and partly with the employer. But in any case, the collection and administration of payments is solely the responsibility of the employer. If the insured person is individual entrepreneur, the entire burden of paying payments falls on his shoulders.
The meaning of insurance
Of course, all types of insurance perform a rather important function of risk distribution. This allows even in the event of a certain loss to at least partially compensate for the loss.
Mandatory forms of insurance are of great importance. They significantly help reduce the level of social tension in society in the event of various force majeure circumstances, and also guarantee fixed income even if you lose your job due to age or other reasons.