Federal Law 40 on insurance. Legislative framework of the Russian Federation. Insurance procedure and conditions

Valid Editorial from 07.05.2013

Name of document	FEDERAL LAW of 04/25/2002 N 40-FZ (as amended on 05/07/2013 with amendments that entered into force on 05/08/2013) "ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS"
Document type	law
Receiving authority	President of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation
Document Number	40-FZ
Acceptance date	07.05.2002
Revision date	07.05.2013
Date of registration with the Ministry of Justice	01.01.1970
Status	valid
Publication	The document was not published in this form Document in in electronic format FAPSI, STC "System" (as amended on 04/25/2002 - “Collection of Legislation of the Russian Federation”, 05/06/2002, No. 18, Art. 1720; "Rossiyskaya Gazeta", N 80, 05/07/2002; "Financial newspaper", N 22, 05/30/2002, N 25, 06/20/2002)
Navigator	Notes

FEDERAL LAW of 04/25/2002 N 40-FZ (as amended on 05/07/2013 with amendments that entered into force on 05/08/2013) "ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS"

In order to protect the rights of victims to compensation for harm caused to their life, health or property when using Vehicle other persons, this Federal Law determines the legal, economic and organizational basis for compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance).

place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;

contract of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the contract of compulsory insurance) - an insurance contract under which the insurer undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event (insured event) provided for in the contract, to compensate the victims for the harm caused to their lives as a result of this event , health or property (make an insurance payment) within the amount specified in the contract (sum insured). The compulsory insurance contract is concluded in the manner and on the terms provided for by this Federal Law and is public;

policyholder - a person who has entered into a compulsory insurance agreement with the insurer;

insurer - insurance organization, which has the right to carry out compulsory civil liability insurance of vehicle owners in accordance with the permit (license) issued federal body executive power to supervise insurance activities in the manner established by the legislation of the Russian Federation;

Insured event - the onset of civil liability of the owner of the vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to make an insurance payment;

insurance rates- price rates established in accordance with this Federal Law, used by insurers when determining the insurance premium under a compulsory insurance agreement and consisting of base rates and coefficients;

Compensation payments are payments that are made in accordance with this Federal Law in cases where insurance payment under compulsory insurance cannot be made;

representative of the insurer in a constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) - separate division an insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by civil legislation, the powers of the insurer to consider the claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the insurer that has entered into a compulsory insurance agreement on the basis of an agreement with the insurer;

Direct compensation for losses - compensation for damage to the property of the victim, carried out in accordance with this Federal Law by the insurer who insured civil liability the victim - the owner of the vehicle.

1. Legislation of the Russian Federation on compulsory insurance civil liability of vehicle owners consists of the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.

2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

The main principles of compulsory insurance are:

guarantee of compensation for harm caused to the life, health or property of victims, within the limits established by this Federal Law;

universality and mandatory liability insurance for vehicle owners;

the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the obligation established by this Federal Law to insure their civil liability;

economic interest of vehicle owners in improving safety traffic.

Chapter II. Conditions and procedure for compulsory insurance

1. Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may arise as a result of harm to the life, health or property of others when using vehicles.

The obligation to insure civil liability applies to owners of all vehicles used on the territory of the Russian Federation, except for the cases provided for in paragraphs 3 and 4 of this article.

2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises .

3. The obligation to insure civil liability does not apply to owners of:

a) vehicles whose maximum design speed is no more than 20 kilometers per hour;

b) vehicles that, due to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;

c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies that provide military service, excluding buses, passenger cars and trailers for them, other vehicles used to provide economic activity Armed Forces of the Russian Federation, other troops, military formations and bodies;

(as amended by Federal Law dated June 23, 2003 N 77-FZ)

D) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international civil liability insurance systems for vehicle owners, of which a professional association of insurers operating in accordance with this Federal Law is a member (hereinafter - international systems insurance);

D) trailers for passenger cars owned by citizens.

4. The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (the policyholder).

5. Owners of vehicles who have insured their civil liability in accordance with this Federal Law may additionally, on a voluntary basis, carry out insurance in case of insufficient insurance payment under compulsory insurance for full refund harm caused to the life, health or property of victims, as well as in the event of liability not related to the insurance risk under compulsory insurance (Article 6 of this Federal Law).

6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance, compensate for damage caused to the life, health or property of victims, in accordance with civil law.

Persons who have violated the requirements established by this Federal Law for compulsory civil liability insurance of vehicle owners are liable in accordance with the legislation of the Russian Federation.

1. The procedure for the implementation of the rights and obligations of the parties under a compulsory insurance contract defined by this Federal Law and other federal laws is established by the Government of the Russian Federation in the rules of compulsory insurance.

2. The rules of compulsory insurance, along with other provisions, include the following provisions:

A) the procedure for concluding, amending, extending, and early termination of a compulsory insurance contract;

b) the procedure for paying the insurance premium;

c) a list of actions of persons when carrying out compulsory insurance, including upon the occurrence of an insured event;

d) the procedure for determining the amount of losses subject to compensation and making insurance payments;

e) the procedure for resolving disputes regarding compulsory insurance.

3. The rules of compulsory insurance may also contain provisions of this Federal Law and other federal laws that define the terms of the compulsory insurance contract.

1. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from causing harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.

2. Insurance risk under compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, except for cases of liability arising as a result of:

a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;

b) causing moral damage or the emergence of an obligation to compensate for lost profits;

c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;

d) environmental pollution;

e) harm caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;

f) causing harm to the life or health of employees during the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;

g) obligations to compensate the employer for losses caused by harm to the employee;

h) the driver causes damage to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;

i) causing harm when loading cargo onto a vehicle or unloading it;

j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and semi-precious stones, cash, valuable papers, objects of a religious nature, as well as works of science, literature and art, and other objects of intellectual property;

k) the obligation of the vehicle owner to compensate for damage to the extent that exceeds the amount of liability provided for by the rules of Chapter 59 (if a higher amount of liability is established by federal law or agreement).

l) causing harm to the life, health, property of passengers during their transportation, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the carrier for causing harm to the life, health, property of passengers.

In the event of civil liability of vehicle owners in the cases specified in this paragraph, the damage caused is subject to compensation by them in accordance with the legislation of the Russian Federation.

The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

a) in terms of compensation for harm caused to the life or health of each victim, no more than 160 thousand rubles;

B) in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles;

c) in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles.

1. Government regulation insurance tariffs are carried out by establishing, in accordance with this Federal Law, economically justified insurance tariffs or their maximum levels, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.

2. Insurance rates for compulsory insurance (their maximum levels), the structure of insurance rates and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract, with the exception of insurance rates (their maximum levels), the structure of insurance rates and the procedure for their application by insurers when determining insurance premiums within the framework of international insurance systems are established by the Government of the Russian Federation in accordance with this Federal Law.

At the same time, the share of the insurance premium used in calculating insurance rates and directly intended for the implementation of insurance and compensation payments victims, cannot be less than 80 percent of the insurance premium.

3. The validity period of the established insurance rates cannot be less than six months.

A change in insurance rates does not entail a change in the insurance premium under a compulsory insurance contract during its validity period, paid by the policyholder according to the insurance rates in effect at the time of payment.

4. Full or partial compensation separate categories policyholders of insurance premiums paid by them at the expense of increasing insurance premiums for other categories of policyholders are not allowed.

5. Annual statistical data on compulsory insurance are subject to official publication by the federal executive body for supervision of insurance activities.

1. Insurance rates consist of base rates and coefficients. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff coefficients.

Basic insurance rates are set depending on the technical characteristics, design features and the purpose of vehicles, which significantly influence the likelihood of causing harm during their use and the potential amount of harm caused.

2. The coefficients included in insurance rates are set depending on:

a) the territory of primary use of the vehicle, which is determined for individuals based on the place of residence of the owner of the vehicle indicated in the vehicle passport or vehicle registration certificate or in the citizen’s passport, for legal entities - at the place of registration of the vehicle;

b) the presence or absence of insurance payments made by insurers in previous periods when implementing compulsory insurance of civil liability of the owners of this vehicle, and in the case of compulsory insurance for limited use of the vehicle, providing for the vehicle to be driven only by drivers specified by the insured, the presence or absence of insurance payments, made by insurers in previous periods when implementing compulsory civil liability insurance for each of these drivers;

c) technical characteristics of vehicles;

d) seasonal use of vehicles;

e) other significantly affecting the value insurance risk circumstances.

2.1. For cases of compulsory insurance of civil liability of citizens using vehicles belonging to them, insurance rates also establish coefficients that take into account whether the compulsory insurance contract stipulates that only drivers specified by the insured are allowed to drive the vehicle, and, if such a condition is provided, their driving experience, age.

3. In addition to the coefficients established in accordance with paragraph 2 of this article, insurance rates provide for coefficients that are applied for compulsory civil liability insurance of vehicle owners:

who provided the insurer with knowingly false information about the circumstances requested by him, affecting the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;

intentionally contributed to the occurrence of an insured event or increased losses associated with it, or knowingly distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;

who caused harm under circumstances that were the basis for filing a recourse claim (this Federal Law).

The coefficients specified in this paragraph are applied by insurers when concluding or extending a compulsory insurance contract for the year following the period in which the insurer became aware of the commission of actions (inaction) provided for in this paragraph.

4. Maximum size the insurance premium under a compulsory insurance contract cannot exceed three times the base rate of insurance tariffs, adjusted taking into account the territory of primary use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five times the amount.

5. Insurance tariffs may additionally provide for base rates and coefficients used by insurers when providing compulsory civil liability insurance for owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation.

6. Insurance rates established in accordance with this Federal Law are mandatory for use by insurers. Insurers do not have the right to apply rates and (or) coefficients that differ from those established by insurance tariffs.

1. The validity period of a compulsory insurance contract is one year, with the exception of cases for which this article provides for other validity periods of such a contract.

Paragraph 2 - No longer valid.

2. Owners of vehicles registered in foreign states and temporarily used on the territory of the Russian Federation shall enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 5 days.

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

3. The owner of a vehicle has the right to enter into a compulsory insurance contract for a period not exceeding 20 days in the absence of the documents specified in subparagraph “e” of paragraph 3 of Article 15 of this Federal Law in the case of:

a) acquisition of a vehicle (purchase, inheritance, acceptance as a gift, etc.) for travel to the place of registration of the vehicle. In this case, the owner of the vehicle, before registering it, is obliged to conclude a compulsory insurance agreement for one year in accordance with the provisions of paragraph 1 of this article;

b) going to the place of technical inspection of the vehicle, repeated technical inspection of the vehicle.

1. If the insured is a participant in a traffic accident, he is obliged to inform other participants in the said incident, upon their request, information about the compulsory insurance agreement under which the civil liability of the owners of this vehicle is insured.

The obligation provided for in this paragraph is also assigned to the driver driving the vehicle in the absence of the policyholder.

2. About cases of harm caused when using a vehicle, which may entail civil liability of the policyholder, he is obliged to inform the insurer within the period established by the compulsory insurance contract and in the manner specified by this contract.

In this case, the insured, before satisfying the claims of the victims for compensation for the damage caused by them, must warn the insurer about this and act in accordance with its instructions, and if the insured is sued, involve the insurer in the case. Otherwise, the insurer has the right to raise in relation to the claim for insurance payment the objections that it had in relation to claims for compensation for damage caused.

3. If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer of the occurrence of an insured event as soon as possible.

4. The provisions of this Federal Law concerning victims also apply to persons who have suffered damage as a result of the death of the breadwinner, heirs of victims and other persons who, in accordance with civil law, have the right to compensation for damage caused to them when using vehicles by other persons.

6. The preparation of documents regarding a road traffic accident can be carried out in the presence of an insurer or a representative of the insurer who has arrived upon notification of a participant in a road traffic accident.

7. Drivers of vehicles involved in a traffic accident fill out traffic accident notification forms issued by insurers. Drivers notify policyholders about a traffic accident and fill out forms for such notifications.

8. Without the participation of authorized police officers, paperwork regarding a traffic accident may be carried out in the manner determined by the Government of the Russian Federation, if the following circumstances exist simultaneously:

B) a traffic accident occurred involving two vehicles, the civil liability of whose owners is insured in accordance with this Federal Law;

c) the circumstances of harm in connection with damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement between the participants in the road traffic accident and are recorded in the notifications of the road traffic accident, the forms of which are filled out by the drivers involved in the road traffic accident. transport accident of vehicles in accordance with the rules of compulsory insurance.

9. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the completed forms of notifications about the road traffic accident, together with the victim’s application for insurance payment, are sent to the insurer to determine the amount of losses to be compensated.

The insurer has the right to order an independent examination of vehicles involved in a traffic accident in the event of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) circumstances of harm in connection with damage to property as a result of a traffic accident, recorded in the submitted notifications about a traffic accident.

11. The victim who received an insurance payment on the basis of paragraphs 8-10 of this article does not have the right to submit additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.

The victim has the right to turn to the insurer who insured the civil liability of the person who caused the harm for compensation for damage that was caused to life or health, arose after the filing of a claim for insurance payment and which the victim did not know about at the time of filing the claim.

1. The amount of insurance payment due to the victim in compensation for damage caused to his health is calculated by the insurer in accordance with the rules of Chapter 59

The amount of insurance payment for causing harm to the life of the victim is:

135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner);

No more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred these expenses.

1.1. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the scope and nature of the harm caused to the life or health of the victim.

2. When damage to property is caused, the victim, who intends to exercise his right to insurance payment, is obliged to present the damaged property or its remains to the insurer for inspection and (or) organizing an independent examination (assessment) in order to clarify the circumstances of the harm and determine the amount of damages to be compensated.

If the inspection and (or) independent examination (assessment) of the damaged property or its remains presented by the victim does not allow one to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract, to clarify these circumstances, the insurer has the right to inspect the policyholder’s vehicle, during the use of which the victim was harmed, and (or) at his own expense has the right to organize and pay for an independent examination of this vehicle. The policyholder is obliged to provide this vehicle upon request of the insurer.

2.1. The amount of damages subject to compensation in case of damage to the property of the victim is determined:

a) in the event of complete loss of the victim’s property - in the amount of the actual value of the property on the day of the insured event. Total loss refers to cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value on the date of the insured event;

b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the condition in which it was before the occurrence of the insured event.

2.2. The expenses specified in paragraph 2.1 of this article also include expenses for materials and spare parts necessary for refurbishment, the costs of paying for the work associated with such repairs. The amount of costs for materials and spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs, in the manner established by the Government of the Russian Federation. At the same time, depreciation of more than 80 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).

3. The insurer is obliged to inspect the damaged property and (or) organize its independent examination (assessment) within a period of no more than five working days from the date of the corresponding application of the victim, unless another period is agreed upon by the insurer with the victim.

If the nature of the damage or the characteristics of the damaged property exclude its presentation for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) the expert (for example, damage to a vehicle that precludes its participation in road traffic), the specified inspection and independent the examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.

The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive to inspect and (or) organize an independent examination (assessment) of damaged property, taking into account the territorial features of their implementation in hard-to-reach, remote or sparsely populated areas. If, based on the results of the inspection of the damaged property carried out by the insurer, the insurer and the victim reach an agreement on the amount of the insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such an examination may not be carried out.

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

4. If, after an inspection of the damaged property by the insurer, the insurer and the victim have not reached agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim is obliged to provide the damaged property for an independent examination (assessment).

If the insurer has not inspected the damaged property and (or) has not organized its independent examination (assessment) within the time period established by paragraph 3 of this article, the victim has the right to apply independently for such an examination (assessment) without presenting the damaged property to the insurer for inspection.

5. The cost of an independent examination (assessment), on the basis of which the insurance payment was made, is included in the losses subject to compensation by the insurer under the compulsory insurance contract.

6. The insurer has the right to refuse the insurance payment or part thereof to the victim if the repair of damaged property or disposal of its remains, carried out before the inspection and (or) independent examination (assessment) of the damaged property in accordance with the requirements of this article, does not allow reliably establishing the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.

7. In order to clarify the circumstances of the occurrence of an insured event, establish damage to the vehicle and its causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.

Rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintenance state register expert technicians are approved by the federal executive body authorized by the Government of the Russian Federation.

1. The victim has the right to present directly to the insurer a claim for compensation for damage caused to his life, health or property, within the limits of the insured amount. The victim’s application containing the claim for insurance payment, with documents attached to it about the occurrence of the insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or his representative authorized by the insurer to consider the specified claims of the victim and make insurance payments.

The location and postal address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, means of communication with them and information about their working hours must be indicated in the insurance policy.

2. The insurer shall consider the victim’s application for insurance payment and the documents attached to it provided for by the rules of compulsory insurance within 30 days from the date of receipt. During the specified period, the insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal to make such payment.

If this obligation is not fulfilled, the insurer shall pay the victim a penalty (penalty) in the amount of one seventy-fifth of the refinancing rate for each day of delay. Central Bank of the Russian Federation, valid on the day when the insurer was supposed to fulfill this obligation, from the insurance amount established by this Federal Law for the type of compensation for damage to each victim.

The amount of the penalty (penalty) payable to the victim cannot exceed the amount of the insurance amount for the type of compensation for harm to each victim established by this Federal Law.

Until the full extent of the damage to be compensated is determined, the insurer, at the request of the victim, has the right to make a part of the insurance payment corresponding to the actually determined part of the specified damage.

By agreement with the victim and on the terms provided for in the compulsory insurance contract, the insurer has the right to organize and pay for the repair of damaged property against the insurance payment.

3. When several victims apply in case of harm to their life or health as a result of one insured event insurance payments must be carried out taking into account the requirements of Article 12 of this Federal Law.

If the amount of claims presented by several victims to the insurer on the day of the first insurance payment for compensation for damage caused to property for this insured event, exceeds that established by this Federal Law insurance amount, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the specified claims of the victims (taking into account the restrictions on insurance payments in terms of compensation for damage caused to the property of one victim, in accordance with Article 7 of this Federal Law).

4. The insurer is released from the obligation to make an insurance payment in cases provided for by law and (or) the compulsory insurance agreement.

1. The insurer has the right to file a recourse claim against the person who caused the harm in the amount of the insurance payment made by the insurer if:

due to the intent of the said person, harm was caused to the life or health of the victim;

the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);

the specified person did not have the right to drive the vehicle during the use of which he was harmed;

the said person fled the scene of the traffic accident;

the specified person is not included in the compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);

the insured event occurred when the specified person used the vehicle during a period not stipulated by the contract compulsory insurance (when concluding a compulsory insurance contract with the condition of using the vehicle during the period provided for by the compulsory insurance contract);

at the time of the occurrence of the insured event, the validity period of the diagnostic card containing information about the compliance of the vehicle has expired mandatory requirements safety of vehicles, a passenger taxi, a bus or a truck designed and equipped for the transport of people, with more than eight seats (excluding the driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods.

Part two - Lost force.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

2. The insurer has the right to make a recourse claim in the amount of the insurance payment made to the technical inspection operator who issued a diagnostic card containing information about the compliance of the vehicle with mandatory vehicle safety requirements, if the insured event occurred due to a malfunction of the vehicle and such a malfunction was identified at the time of this by the technical inspection operator, but information about it was not included in the diagnostic card.

3. The insurer has the right to demand from the persons specified in paragraphs 1 and 2 of this article compensation for expenses incurred during the consideration of the insured event.

1. The victim has the right to submit a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:

A) as a result of a traffic accident, damage was caused only to property;

B) a traffic accident occurred involving two vehicles, the civil liability of whose owners is insured in accordance with this Federal Law.

2. The insurer, which insured the civil liability of the victim, assesses the circumstances of the road traffic accident, set out in the notification of the road traffic accident, and, on the basis of the submitted documents, provides compensation to the victim at his request in accordance with the rules of compulsory insurance.

3. The exercise of the right to direct compensation for losses does not limit the right of the victim to contact the insurer who insured the civil liability of the person who caused the harm for compensation for damage that was caused to life or health, arose after the claim for insurance payment was made and about which the victim did not know at the time presenting a claim.

4. The insurer that insured the civil liability of the victim shall compensate for the damage caused to the property of the victim in the amount of the insurance payment on behalf of the insurer that insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses ( of this Federal Law) subject to the provisions of this article.

5. The insurer that has provided direct compensation for losses has the right to claim the amount of the insurance payment against the insurer that insured the civil liability of the person who caused the harm, or against the person who caused the harm in the cases provided for by this Federal Law.

6. The insurer that insured the civil liability of the person who caused the harm is obliged to reimburse, against the insurance payment under the compulsory insurance contract, the insurer that provided direct compensation for losses, the damage it compensated to the victim in accordance with the agreement on direct compensation for losses (this Federal Law).

1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts with insurers, which indicate the vehicles whose owners’ civil liability is insured.

2. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons allowed by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally.

3. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:

a) application for concluding a compulsory insurance contract;

b) passport or other identification document (if the policyholder is an individual);

B) certificate of state registration legal entity (if the policyholder is a legal entity);

d) a vehicle registration document issued by the body that registers the vehicle (vehicle passport, vehicle registration certificate, technical passport or technical coupon or similar documents);

e) a driver's license or a copy of the driver's license of a person authorized to drive a vehicle (if a compulsory insurance contract is concluded on the condition that only certain persons are allowed to drive a vehicle);

E) diagnostic card, containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles (except for cases where, in accordance with the legislation in the field of technical inspection of vehicles, the vehicle is not subject to technical inspection or is not required, or the procedure and frequency of technical inspection are established by the Government of the Russian Federation Federation, or the frequency of technical inspection of such a vehicle is six months, as well as cases provided for in the article 10 of this Federal Law).

Zakonbase: The provisions of subparagraph "e" of paragraph 3 of Article 15 (as amended by this Federal Law) extend to legal relations that arose from January 1, 2012 (Clause 6 of Article 5 of the Federal Law of July 28, 2012 N 130-FZ)

4. By agreement of the parties, the policyholder has the right to submit copies of documents necessary for concluding a compulsory insurance contract. In cases provided for by the rules of compulsory insurance, these documents may be submitted in the form electronic documents.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

5. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation submits the documents provided for in subparagraphs “b”, “d”, “e” of paragraph 3 of this article, as well as one of the documents specified in subparagraph "e" of paragraph 3 of this article, or a document confirming a technical inspection issued in a foreign country and recognized in the Russian Federation in accordance with an international treaty of the Russian Federation.

6. Owners of vehicles used to transport passengers on regular routes are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract, in accordance with the requirements established by the federal executive body in the field of transport.

Clause 6.1. - Lost power.

7. When concluding a compulsory insurance contract, the insurer hands over to the policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance, and also enters the information specified in the application for concluding a compulsory insurance contract and (or) submitted at the conclusion of this contract into the automated compulsory insurance information system created in accordance with this Federal Law. Form insurance policy compulsory insurance is a document of strict accountability.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

Zakonbase: The validity of paragraph 7 is suspended from 01/01/2013 to 06/30/2014 (Federal Law of December 25, 2012 N 267-FZ

8. During the period of validity of the compulsory insurance contract, the policyholder is immediately obliged to notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.

9. Upon receipt from the policyholder of a message about changes in the information specified in the application for concluding a compulsory insurance contract and (or) provided when concluding this contract, the insurer makes changes to the compulsory insurance insurance policy, as well as to the automated compulsory insurance information system created in accordance with from this Federal Law.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

Zakonbase: The validity of paragraph 9 is suspended from 01/01/2013 to 06/30/2014 (Federal Law of December 25, 2012 N 267-FZ

10. Upon termination of a compulsory insurance contract, the insurer provides the insured with information about the number and nature of insured events that have occurred, about insurance payments made and about upcoming insurance payments, about the duration of insurance, about the pending and unresolved claims of victims for insurance payments and other information about insurance during the validity period compulsory insurance agreement (hereinafter referred to as information about insurance). Insurance information is provided by insurers free of charge in writing, and is also entered into the automated compulsory insurance information system created in accordance with this Federal Law.

(as amended by the Federal Law dated July 1, 2011 N 170-FZ)

Insurance information is provided by the owner of the vehicle to the insurer when carrying out compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance contract.

10.1. Concluding a compulsory insurance contract without entering information about insurance into the automated compulsory insurance information system created in accordance with this Federal Law and checking the compliance of the information provided by the insured with the information contained in the automated compulsory insurance information system and in the unified automated technical inspection information system is not allowed.

(as amended by the Federal Law dated July 1, 2011 N 170-FZ)

11. The federal executive body authorized by the Government of the Russian Federation establishes the form of an application for concluding a compulsory insurance contract, the form of a compulsory insurance policy and the form of a document containing information about insurance.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

1. Owners of vehicles have the right to enter into compulsory insurance contracts taking into account the limited use of vehicles that are in their ownership or possession.

Limited use of vehicles owned or owned by citizens is recognized as driving vehicles only by drivers specified by the policyholder and (or) seasonal use vehicles for three or more months in a calendar year.

Limited use of vehicles owned or owned by legal entities is their seasonal use, in particular the use of snow removal, agricultural, watering and other special vehicles for six or more months in a calendar year.

The owner of the vehicle has the right to notify the insurer in writing about these circumstances when concluding a compulsory insurance contract. In this case insurance premium under a compulsory insurance agreement, which takes into account the limited use of a vehicle, is determined using coefficients provided for by insurance tariffs and taking into account the driving experience, age and other personal data of drivers allowed to drive a vehicle, and (or) the period of its use provided for in the compulsory insurance agreement ( Article 9 of this Federal Law).

2. When carrying out compulsory insurance, taking into account the limited use of a vehicle, the insurance policy indicates the drivers allowed to drive the vehicle, including on the basis of an appropriate power of attorney, and (or) the period of its use provided for in the compulsory insurance agreement.

3. During the period of validity of the compulsory insurance contract, which takes into account the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing about the transfer of control of the vehicle to drivers not indicated in the insurance policy as authorized to drive the vehicle, and (or) about an increase in the period its use beyond the period specified in the compulsory insurance contract. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. In this case, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.

1. Disabled persons (including disabled children) who have vehicles in accordance with medical indications, or their legal representatives, are provided with compensation in the amount of 50 percent of the insurance premium they paid under a compulsory insurance contract.

The specified compensation is provided subject to the use of the vehicle by a person entitled to such compensation, and along with him by no more than two drivers.

Compensation of insurance premiums under a compulsory insurance contract is an expense obligation of the Russian Federation.

The Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the authority to pay compensation to disabled people for insurance premiums under the compulsory insurance agreement established by this article.

Funds for the implementation of transferred powers to provide these measures social support provided for in the federal budget in the form of subventions.

The amount of funds provided for the budget of a constituent entity of the Russian Federation is determined based on the number of persons entitled to the specified measures of social support, as well as the amount of insurance premiums calculated in accordance with this Federal Law.

Subventions are credited in the amount established for execution federal budget order to the budget accounts of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

State authorities of the constituent entities of the Russian Federation submit quarterly submissions to the federal executive body responsible for developing a unified state financial, credit, monetary policy, a report on the expenditure of the provided subventions, indicating the number of persons entitled to the specified social support measures, categories of recipients, as well as indicating the volume of expenses incurred. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

If funds are not used intended purpose the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development. Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies of settlements, municipal districts and urban districts with the authority to pay compensation to disabled people for insurance premiums under the compulsory insurance contract established by this article.

2. State authorities of the constituent entities of the Russian Federation and local self-government bodies, within the limits of their powers, have the right to establish full or partial compensation of insurance premiums under compulsory insurance contracts for other categories of citizens. Sources of financing and the procedure for providing these compensations are determined in accordance with the regulatory legal acts of the constituent entities of the Russian Federation and the regulatory legal acts of local governments.

Chapter III. Compensation payments

1. Compensation payment to compensate for harm caused to the life or health of the victim is carried out in cases where insurance payment under compulsory insurance cannot be made due to:

b) revocation of the insurer’s license to carry out insurance activities;

c) the unknown person responsible for the harm caused to the victim;

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

2. Compensation payment to compensate for damage caused to the property of the victim is carried out in cases where insurance payment under compulsory insurance cannot be made due to:

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

b) revocation of the insurer's license to carry out insurance activities.

3. On the territory of the Russian Federation Foreign citizens, stateless persons and foreign legal entities have the right to receive compensation payments on an equal basis with citizens of the Russian Federation and Russian legal entities.

Clauses 4 - 5 - Lost force.

6. A claim at the request of the victim for compensation payments may be brought within three years.

1. According to the claims of victims, compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law.

The consideration of victims' claims for compensation payments, the implementation of compensation payments and the exercise of rights of claim provided for by this Federal Law can be carried out by insurers acting at the expense of a professional association on the basis of contracts concluded with it.

2. By analogy, the rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance contract are applied to the relationship between the victim and the professional association of insurers regarding compensation payments. The relevant provisions apply to the extent that otherwise is not provided by federal law and does not follow from the essence of such relations.

Compensation payments are established:

In terms of compensation for harm caused to the life or health of each victim, in the amount of no more than 160 thousand rubles, taking into account the requirements of Article 12 of this Federal Law;

in terms of compensation for damage caused to the property of several victims, in the amount of no more than 160 thousand rubles and no more than 120 thousand rubles in case of damage to the property of one victim.

In this case, these compensation payments are reduced by an amount equal to the amount of partial compensation made by the insurer and (or) the person responsible for the damage caused.

(as amended by the Federal Law)

1. The amount of compensation payment made to the victim in accordance with subparagraphs and paragraph 1 of Article 18 of this Federal Law is recovered by way of recourse upon the claim of a professional association of insurers from the person responsible for the harm caused to the victim.

(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))

The professional association of insurers also has the right to demand from the specified person compensation for expenses incurred to consider the victim’s claim for compensation.

2. Within the limits of the amount of compensation payment made to the victim in accordance with subparagraphs and paragraph 1 and paragraph 2 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has with the insurer is transferred to the professional association of insurers.

(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))

Chapter IV. Insurers

1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider claims of victims for insurance payments and to make insurance payments.

2. Insurers must be members of a professional association of insurers operating in accordance with this Federal Law.

3. A necessary requirement for an insurance organization applying for a permit (license) to carry out compulsory insurance of civil liability of vehicle owners is that this insurance organization has at least two years of experience in carrying out operations in insuring vehicles or the civil liability of their owners.

Insurers and their representatives must be located in premises adapted to perform their functions.

4. The insurer has the right to carry out insurance operations within the framework of international insurance systems, subject to inclusion of this insurer in the list of insurers carrying out insurance operations within the framework of international insurance systems. This list is maintained by a professional association of insurers.

5. To be included in the list of insurers carrying out insurance operations within the framework of international insurance systems, the insurer must:

a) be a member of a professional association of insurers;

b) contribute to the fund current liabilities, formed by a professional association of insurers in accordance with this Federal Law, a contribution in an amount equivalent to 500 thousand euros at the rate of the Central Bank of the Russian Federation established on the day of payment.

6. Information about insurers included in the list of insurers carrying out insurance operations within the framework of international insurance systems is sent to the federal executive body for supervision of insurance activities within 30 days from the date of inclusion in the specified list.

7. The professional association of insurers is obliged to post a quarterly list of insurers carrying out insurance operations within the framework of international insurance systems on its official website on the Internet information and telecommunications network and publish it in print media mass media, the circulation of which is at least 10 thousand copies.

1. Organizing the conclusion of compulsory insurance contracts and placing advertisements for the services of specific insurers for compulsory insurance in the premises and territories occupied by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local government bodies are prohibited.

2. If, when carrying out compulsory insurance, the difference between the income and expenses of the insurer for the first quarter, half a year, nine months, calendar year(reporting period) exceeds 5 percent of the specified income, the excess amount is sent by the insurer to the formation of an insurance reserve to compensate for the costs of making insurance payments and direct compensation for losses in subsequent periods (stabilization reserve for compulsory insurance) until this reserve reaches a value equal to 10 percent of the amount insurance reserve for occurred but unreported losses, formed by the insurer to make insurance payments under compulsory insurance (reserve for occurred but unreported losses under compulsory insurance) at the end of the reporting period.

3. When implementing compulsory insurance, insurers form:

reserve for financial security compensation payments provided for in subparagraphs and paragraph 1 and paragraph 2 of Article 18 of this Federal Law (reserve of guarantees);

(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))

reserve for financial support of compensation payments made in accordance with subparagraphs and paragraph 1 of Article 18 of this Federal Law (reserve for current compensation payments).

(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))

The amounts of contributions to the guarantee reserve and the reserve of current compensation payments are established in accordance with the structure of insurance tariffs.

Chapter V. Professional association of insurers

1. A professional association of insurers is a non-profit organization, representing a single all-Russian professional association, based on the principle of compulsory membership of insurers and operating to ensure their interaction and formation of rules professional activity when carrying out compulsory insurance, as well as in order to ensure the technical inspection of vehicles in accordance with the legislation in the field of technical inspection of vehicles.

(as amended by the Federal Law dated July 1, 2011 N 170-FZ)

2. A professional association of insurers is created with the consent of the federal executive body for supervision of insurance activities.

A professional association of insurers is created and operates in accordance with the provisions of the legislation of the Russian Federation provided for in relation to associations (unions). These provisions are applied taking into account the peculiarities of the status of a professional association of insurers established by this Federal Law.

3. The professional association of insurers is open to new members.

The constituent documents of a professional association must contain a provision on the consent of members of the professional association to the entry into it of insurance organizations that meet the requirements that, in accordance with the constituent documents of the professional association, are presented to members of the professional association.

1. Professional association of insurers:

a) ensures the interaction of its members when they carry out compulsory insurance, develops and establishes rules of professional activity that are mandatory for the professional association and its members and monitors their compliance;

B) represents and protects in government bodies, local self-government bodies, other bodies and organizations interests related to the implementation of compulsory insurance by members of the professional association;

c) makes compensation payments to victims in accordance with the constituent documents of the professional association and the requirements of this Federal Law, and also exercises the rights of claim provided for by this Federal Law;

c.1) organizes the provision of its members with forms of compulsory insurance policies and forms used in carrying out insurance operations within the framework of international insurance systems, and exercises control over the use of these forms;

D) compensates for the missing part of the assets upon transfer of the insurance portfolio at the expense of funds intended for making compensation payments, in accordance with Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”;

d.1) carries out accreditation of technical inspection operators in accordance with the legislation in the field of technical inspection of vehicles, maintains a register of accredited technical inspection operators;

(as amended by the Federal Law dated July 1, 2011 N 170-FZ)

Subclause d.2) - Lost force.

D) performs other functions provided for by the constituent documents of the professional association in accordance with its goals and objectives.

2. A professional association of insurers has the right:

create and use information systems containing information about compulsory insurance, including information about compulsory insurance contracts and insured events, personal data about policyholders and victims, ensuring the requirements established by the legislation of the Russian Federation for the protection of limited access information;

protect in court the interests of members of a professional association related to their implementation of compulsory insurance;

carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information, organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of the professional association within the framework of international insurance systems.

A professional association of insurers has the right to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.

A professional association may carry out commercial activities only insofar as it serves the purposes for which it was created and is consistent with these purposes.

In accordance with the legislation in the field of technical inspection of vehicles, the professional association of insurers checks applicants for compliance established requirements accreditation and monitoring the activities of technical inspection operators for compliance with established accreditation requirements and rules for conducting technical inspection.

(as amended by the Federal Law dated July 1, 2011 N 170-FZ)

1. A professional association of insurers shall establish rules binding on the professional association and its members and containing requirements in relation to:

a) the procedure and conditions for consideration by members of the professional association of claims of victims for insurance payments under compulsory insurance contracts concluded by other members of the professional association, the procedure and conditions for making these insurance payments;

b) the procedure and conditions for the professional association to make compensation payments to victims, including the order of satisfaction of these requirements in the event of insufficient funds of the given professional association, and the procedure for distributing responsibility among its members for the obligations of the professional association related to the implementation of compensation payments;

b.1) the terms of the agreement between members of the professional association of insurers on direct compensation for losses;

c) the procedure for financing compensation payments by members of the professional association, measures to control intended use appropriate funds, the procedure for keeping records by the professional association of transactions with funds intended for compensation payments;

c.1) actions of members of a professional association of insurers and their execution of documents when transferring the insurance portfolio, as well as additional conditions and features of the transfer of the insurance portfolio, including the choice of the insurer to whom the insurance portfolio is transferred, when applying measures to prevent bankruptcy of the insurer and during the procedures applied in the case of bankruptcy of the insurer, the procedure for determining the amount and payment to the insurer to whom the insurance portfolio is transferred, the appropriate remuneration ;

D) creation and use of professional association information systems containing restricted access information, as well as the protection of information in these systems;

e) the procedure for the entry of new members into the professional association and the withdrawal or expulsion of members from it;

f) the conditions and procedure for the formation and expenditure of funds of a professional association for purposes other than financing compensation payments, including the procedure for distributing relevant costs, payments, fees and contributions among its members;

g) qualifications of employees;

h) documentation, rules for maintaining records and reporting;

i) protection of the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints against the actions of members of a professional association;

j) procedures for conducting inspections of the activities of members of a professional association for compulsory insurance and their compliance with established rules, including the creation of a control body and the procedure for familiarizing other members of the professional association with the results of these inspections, as well as requirements for ensuring openness of information for such inspections;

k) sanctions and other measures in relation to members of the professional association, their officials and employees, the procedure for applying and recording such sanctions and other measures, as well as monitoring their implementation;

l) resolution of disputes between members of a professional association that arose when one of the members of the professional association considered the claims of victims and made insurance payments under compulsory insurance contracts concluded by another member of the professional association, as well as other issues of professional activity in compulsory insurance;

H) rules of professional activity related to the activities of a professional association of insurers and the activities of its members within the framework of international insurance systems and corresponding to the requirements imposed within such systems, including the procedure for payment of contributions, the formation and use of a current liability fund, the establishment of insurance tariffs and procedures their application in determining the insurance premium, as well as the structure of insurance tariffs, including the share of the insurance premium intended for remuneration for concluding an insurance contract;

O) other rules of professional activity in compulsory insurance, the establishment of which is within the competence of the professional association by decision of its members;

o) the procedure for recording, storing, destroying and transferring insurance policy forms;

p) establishing the share of remuneration for concluding a compulsory insurance contract from the insurance premium paid by the policyholder under the compulsory insurance contract, within the limits of the insurer’s expenses for the implementation of compulsory insurance;

c) the procedure for maintaining and providing log books of concluded compulsory insurance contracts, co-insurance contracts, log books of losses and early terminated insurance contracts, co-insurance contracts.

r) the procedure for providing members of the professional association of insurers with forms of compulsory insurance policies and forms used in carrying out insurance operations within the framework of international insurance systems, and the use of these forms depending on financial stability and solvency of members of a professional association of insurers, as well as compliance with the conditions of membership in a professional association of insurers.

1.1. The requirements specified in subparagraphs “a” - “d”, “n”, “p” - “t” of paragraph 1 of this article are established and amended by the professional association of insurers in agreement with the federal executive body exercising the functions of developing public policy and legal regulation in the field of insurance activities, the requirements specified in subparagraph "t" of paragraph 1 of this article regarding the procedure for providing members of a professional association of insurers with forms of compulsory insurance insurance policies and forms used in carrying out insurance operations within the framework of international insurance systems, also, in agreement with the federal executive body exercising the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, other requirements provided for in paragraph 1 of this article - by a professional association of insurers, subject to notification of the federal executive body for supervision of insurance activities in the manner established by this body ok.

2. In the event that the rules of professional activity established by a professional association of insurers violate the rights of other persons, including victims, policyholders, insurance organizations that are not members of the professional association, persons whose rights are violated, and the federal executive body for supervision of insurance activities has the right to file a claim for recognition specified rules invalid or with a claim to amend them.

Persons whose rights have been violated have the right to demand compensation from the professional association of insurers for losses caused to them.

1. An agreement on direct compensation for losses is concluded between members of a professional association of insurers. Such an agreement determines the procedure and terms of settlements between the insurer that provided direct compensation for losses and the insurer that insured the civil liability of the person who caused the harm.

Settlements between these insurers can be made by reimbursement of the amount of paid losses for each claim or based on the number of satisfied claims during the reporting period and the average amount of insurance payments.

Funds intended to finance compensation payments are reflected in separate balances professional association, and separate records are kept for them. For payments for activities related to the implementation of each of the specified types of compensation payments, the professional association opens a separate bank account.

Funds intended to finance compensation payments cannot be recovered for the obligations of a professional association of insurers if the occurrence of such obligations is not related to the implementation of compensation payments for compulsory insurance.

(as amended by Federal Law dated June 14, 2012 N 78-FZ)

2.1. In order to fulfill our financial obligations In front of participants in international insurance systems, a professional association of insurers forms a fund of current liabilities.

3. Investing is temporary free funds professional association is carried out on the terms of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.

Article 20 of this Federal Law are sent to finance compensation payments.

6. The financial activities of a professional association of insurers are subject to mandatory annual audits.

Independent audit organization and the terms of the contract, which the professional association of insurers is obliged to conclude with it, are approved general meeting members of a professional association.

7. Annual report and annual balance sheet of a professional association, after their approval by the general meeting of members of the professional association, are subject to publication annually.

Amount, procedure for payment by members of a professional association of insurers of contributions, deposits and other mandatory payments into a professional association are established by the general meeting of members of the professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association. In order for insurers to carry out insurance operations within the framework of international insurance systems, the constituent documents of a professional association of insurers may provide for a different procedure for establishing the amount and payment of mandatory contributions.

Chapter VI. Final provisions

1. Executive authorities of the Russian Federation, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations and citizens are obliged to provide free of charge, at the request of insurers and their professional association, information that they have, in respect of which a requirement has been established to ensure its confidentiality and which is associated with insured events under compulsory insurance or with events that served as the basis for victims to submit claims for compensation payments.

Internal affairs bodies also provide insurers, upon their requests, with information on the registration of vehicles with the owners of which these insurers have entered into compulsory insurance agreements.

Insurers and their professional association are obliged to comply with the protection regimes established by the legislation of the Russian Federation, the regime for processing information that they receive and in respect of which a requirement to ensure its confidentiality is established, and the procedure for its use, and in the event of their violation they are liable provided for by law Russian Federation responsibility.

2. Insurers are required to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.

The procedure for providing information provided for in this paragraph is established by the internal affairs bodies of the Russian Federation in agreement with the federal executive body for supervision of insurance activities.

3. For purposes information support implementation of compensation payments, direct compensation for losses, application of the coefficient included in the insurance tariffs and provided for in paragraph 2 of Article 9 of this Federal Law, analysis economic feasibility insurance rates, interaction with insurers who have entered into insurance contracts ground transport with victims, and the implementation of other provisions of this Federal Law, an automated information system for compulsory insurance is created, containing information about compulsory insurance contracts, insured events, vehicles and their owners, statistical data and other necessary information about compulsory insurance.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

Free access to information contained in the information system is provided, with the exception of restricted access information. Restricted access information is provided to government authorities, insurers and their professional associations, other bodies and organizations in accordance with their competence determined by the legislation of the Russian Federation and in the manner established for them.

Lists of information provided in mandatory government bodies, insurers, and other persons for inclusion in the information system, the procedure for providing users with the information contained therein, as well as bodies and organizations responsible for the collection and processing specified information, approved by the Government of the Russian Federation.

Automated operator information system compulsory insurance, organizing and (or) processing the information generated in it is a professional association of insurers.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

The operator of the automated compulsory insurance information system exercises the following powers:

organizes and (or) carries out the processing of personal data generated in the automated information system of compulsory insurance, in accordance with the legislation of the Russian Federation in the field of personal data in order to ensure the implementation of the provisions of this Federal Law;

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

takes the necessary organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution of personal data, as well as from other unlawful actions;

Exercises other powers related to achieving the goal of creating an automated information system for compulsory insurance.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

4. The procedure for interaction between the automated compulsory insurance information system and the unified automated technical inspection information system, created in accordance with the legislation in the field of technical inspection of vehicles, is established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

5. Information exchange for direct compensation of losses is carried out in an automated information system for direct compensation of losses, which is part of the automated information system of compulsory insurance and contains information about insured events, vehicles, their owners, vehicle drivers, compulsory insurance contracts, insurers and others information necessary to organize settlements between insurers in accordance with the agreement on direct compensation for losses (this Federal Law).

The collection and processing of information generated in the automated information system for direct compensation of losses, the organization of settlements between insurers in accordance with the agreement on direct compensation of losses, and other actions necessary for the implementation of the provisions of this Federal Law are carried out by a legal entity determined by the professional association of insurers in accordance with the transferred functions and powers professional association of insurers.

(as amended by Federal Law dated July 1, 2011 N 170-FZ)

1. In the case of temporary use of a vehicle registered on the territory of the Russian Federation on the territory of a foreign state in which international insurance systems are applied, the owner of such a vehicle is obliged to insure the risk of his civil liability for obligations arising from harm to the life, health or property of the victims when using a vehicle on the territory of a specified foreign state, for the period of temporary use of the vehicle, but not less than 15 days.

2. The conditions under which, within the framework of international insurance systems, civil liability insurance of owners of vehicles registered in the territories of foreign states and temporarily used in the territory of the Russian Federation is provided, must comply with the legislation of the Russian Federation on insurance, regulatory legal acts Government of the Russian Federation, defining the rules of compulsory insurance.

3. The conditions under which, within the framework of international insurance systems, civil liability insurance is provided for owners of vehicles registered in the Russian Federation and temporarily used in the territories of foreign states in which international insurance systems are applied must comply with the requirements and rules of such international systems.

4. Coordination of actions for the participation of a professional association of insurers in international insurance systems is carried out by the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities.

1. Control over the fulfillment by vehicle owners of the insurance obligation established by this Federal Law is carried out by the police during registration and the exercise of their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of ensuring road safety. The driver of the vehicle is required to carry a compulsory insurance policy and submit it for verification of compulsory civil liability insurance of vehicle owners, which comes into force on the date of official publication of this Federal Law.

6. In case of exceeding the amount of the stabilization reserve for compulsory insurance formed as of March 31, 2010 and subsequent reporting periods until December 31, 2012, above that specified in paragraph 5 of this article limit value the insurer brings the size of the stabilization reserve for compulsory insurance in accordance with the specified limit value.

7. If the stabilization reserve for compulsory insurance specified in Article 22 of this Federal Law as of December 31, 2012 exceeds 10 percent of the amount of the reserve for occurred but unreported losses for compulsory insurance, the insurer brings its size into line with the specified value.

On the Zakonbase website you will find the FEDERAL LAW dated 04/25/2002 N 40-FZ (as amended on 05/07/2013 with amendments that entered into force on 05/08/2013) "ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS" in the latest and full version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW of 04/25/2002 N 40-FZ (as amended on 05/07/2013 with amendments that entered into force on 05/08/2013) “ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS” completely free of charge, both in full and separately and chapters.

Since July 1, 2003, the Federal Law on Compulsory Insurance of Civil Liability of Vehicles N 40-FZ has been in force in our country - the so-called Law on Compulsory Motor Liability Insurance, designed to streamline the procedures for collecting damages in various situations. From this moment on, compulsory civil liability insurance becomes an inseparable part of citizens’ access to driving vehicles.

Each driver is required to have an MTPL policy confirming third party liability insurance. The essence of such insurance is that if the driver included in the policy is found to be at fault for an accident, then the insurance company compensates a certain amount of damage to the victims. We are talking about compensation for damage caused both to the vehicle itself and to the health and life of the victims. If the driver is recognized as a victim, in this case the policy of the person responsible for the accident applies. Such an insurance system is a global practice that has repeatedly proven its effectiveness, subject to the conscientious performance of the duties of all participants in the process, including insurance company.

Articles of the law on compulsory motor liability insurance

Chapter I General provisions

Chapter II Conditions and procedure for compulsory insurance

Chapter III Compensation payments

Chapter IV Insurers

Chapter V Professional association of insurers

Chapter VI Final Provisions

Goals and objectives of the Federal Law on Compulsory Motor Liability Insurance

The main purpose of the new law is to protect the rights of victims with the recovery of compensation for damage caused from those responsible for the accident, which will be paid by the insurance company. This legal mechanism allows you to quickly receive compensation for material and physical damage without lengthy legal proceedings.

The main objective of compulsory motor liability insurance is to reduce to a minimum the time between the insured event and the receipt by the injured party of the indicated compensation. At the same time, emphasis is placed on increasing the responsibility of drivers and insurance companies issuing policies. In particular, any insured event where the insurer is at fault will cause an increase in the cost of the next insurance for a particular driver.

Main provisions of the Law on Compulsory Motor Liability Insurance

declaration of compulsory civil liability insurance as a statutory obligation of all drivers;
determination of the object of compulsory insurance, insured amounts, payment ratios, insurance risks, etc.;
the procedure for registering an accident under existing MTPL policies;
list of stages of technical examination of transport;
description of procedures for compensation of losses;
the procedure for challenging the positions of any of the parties;
register of organizations and activities necessary to monitor the fulfillment of obligations of all participants in insurance agreements

A separate chapter of the Federal Law on Compulsory Motor Liability Insurance highlights provisions relating to professional associations of insurers. The final chapters touch upon aspects of liability insurance under International Law.

List of changes for 2018 in the new law on compulsory motor liability insurance

The new 2018 edition of the Federal Law on Compulsory Motor Liability Insurance included the following changes:

The amount of compensation limit payments has been increased from 120,000 to 400,000 rubles. Moreover, each victim can claim this amount, while before this the amount per person was limited to 160,000 rubles.
Education of a single information base data, including all policyholders and MTPL and CASCO insurers. This step made it possible to combine all available information into a global electronic library for maximum effective control over the compulsory insurance system.
A new limit amount has been legalized to be paid as compensation for damage caused to health and life - 500,000 rubles. A special table has been developed to establish the amounts of compensation for damages in the event of injuries to victims. This table shows the coefficients calculated from the basic sum insured in accordance with the severity of the injuries received.
The main provisions with adjustments regarding the issuance of electronic policies have been determined.
Regulations on compensation in kind damages under compulsory motor liability insurance policies.

From 2019, it is planned to introduce an “unlimited European protocol”, which will be valid throughout the Russian Federation. In this case, insurance in case of an accident can be taken out by the participants themselves, subject to the availability of video and photo shooting, as well as data from a global satellite positioning system on the ground.

Pros and cons of MTPL insurance

Compulsory civil liability insurance for vehicle owners and drivers offers the following benefits:

general mutual responsibility of all road users
fast payment of compensation;
prompt registration of an insured event;
quick policy issuance;
the possibility of concluding an insurance contract with an “unlimited free” policy;
roadside support in case of an accident by visiting commissioners of insurance companies;
relatively low cost;

Insurance company rates today vary depending on where the vehicle is registered. Therefore, the territorial location of the cost of car insurance can be considered both a positive and a negative component.

The following points are worth highlighting as obvious disadvantages of compulsory motor liability insurance:

inability to fully compensate for the damage with the proposed payments;
the irresponsibility of some insurance companies that are delaying compensation for damage;
many legal nuances that allow the insurance operator not to fulfill its obligations under the concluded contract;
bureaucratic formalities (certificates, doctors' opinions, etc.) when compensating for damages resulting from injury (long-term treatment and incapacity of the victim);
recent increase in tariffs for services of insurance companies

It is worth noting that the person responsible for the accident must provide the insurer with his own vehicle for examination. It is not allowed to repair a damaged car within 15 days after the accident until the damage is inspected by the insurer.

According to the law, other drivers can be included in the MTPL insurance policy, which will accordingly increase the cost of insurance. At the same time, vehicle owners are offered the above-mentioned “free” contracts, which provide for the possibility of driving a car by any capable person with a driver’s license.

Conclusion

The law on compulsory civil liability insurance of vehicle owners today is rightfully considered an effective tool for resolving various situations related to road traffic accidents. The new edition of the Law on Compulsory Motor Liability Insurance of 2018 has proven that this legal document will continue to be adjusted taking into account public opinion and changing objective realities.

The main task of the current moment in this area is to exercise strict control over the fulfillment of the obligations of insurance companies. At the same time, it is necessary to harmonize legislation with international legal norms, which will significantly expand the scope of the Federal Law on Compulsory Civil Liability Insurance.

RUSSIAN FEDERATION

ABOUT COMPULSORY CIVIL INSURANCE
RESPONSIBILITIES OF VEHICLE OWNERS

(as amended by Federal Laws dated June 23, 2003 N 77-FZ,
dated December 29, 2004 N 199-FZ, dated July 21, 2005 N 103-FZ,
dated November 25, 2006 N 192-FZ, dated December 30, 2006 N 266-FZ,
dated 01.12.2007 N 306-FZ, dated 23.07.2008 N 160-FZ,
dated December 25, 2008 N 281-FZ, dated December 30, 2008 N 309-FZ,
dated 02/28/2009 N 30-FZ, dated 12/27/2009 N 344-FZ,
dated December 27, 2009 N 362-FZ, dated February 1, 2010 N 3-FZ,
dated 04/22/2010 N 65-FZ, dated 12/28/2010 N 392-FZ,
dated 02/07/2011 N 4-FZ,
as amended by Federal Law No. 176-FZ of December 24, 2002,
Resolution Constitutional Court RF dated May 31, 2005 N 6-P,
Federal Law of May 16, 2008 N 73-FZ)

In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational basis for compulsory civil liability insurance of vehicle owners (hereinafter referred to as compulsory insurance).

Chapter I. GENERAL PROVISIONS

Article 1. Basic concepts

For the purposes of this Federal Law, the following basic concepts are used:

vehicle - a device intended for transporting people, goods or equipment installed on it on roads;

use of a vehicle - operation of a vehicle associated with its movement within roads (road traffic), as well as in areas adjacent to them and intended for the movement of vehicles (in courtyards, in residential areas, in vehicle parking lots, gas stations and others territories). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;

owner of a vehicle - the owner of a vehicle, as well as a person who owns a vehicle with the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to this person, etc. similar). A person who drives a vehicle due to the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle;

driver - a person driving a vehicle. When learning to drive a vehicle, the driver is considered to be the person teaching;

victim - a person whose life, health or property was harmed when using a vehicle by another person, including a pedestrian, the driver of the vehicle who suffered harm, and a passenger of the vehicle - a participant in a traffic accident;

place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;

policyholder - a person who has entered into a compulsory insurance agreement with the insurer;

insurer - an insurance organization that has the right to carry out compulsory civil liability insurance of vehicle owners in accordance with the permit (license) issued by the federal executive body for supervision of insurance activities in the manner established by the legislation of the Russian Federation;

insured event - the onset of civil liability of the owner of the vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to make an insurance payment;
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

insurance rates - price rates established in accordance with this Federal Law, applied by insurers when determining the insurance premium under a compulsory insurance agreement and consisting of base rates and coefficients;

compensation payments - payments that are made in accordance with this Federal Law in cases where insurance payment under compulsory insurance cannot be made;

representative of the insurer in a constituent entity of the Russian Federation (hereinafter referred to as the insurer's representative) - a separate division of the insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by civil legislation, the powers of the insurer to consider claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the insurer who has entered into a compulsory insurance agreement on the basis of an agreement with the insurer;

direct compensation for losses - compensation for damage to the property of the victim, carried out in accordance with this Federal Law by the insurer that insured the civil liability of the victim - the owner of the vehicle.

Article 2. Legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners

1. The legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners consists of Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.

2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

Article 3. Basic principles of compulsory insurance

The main principles of compulsory insurance are:

guarantee of compensation for harm caused to the life, health or property of victims, within the limits established by this Federal Law;

By Resolution of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P, the provisions of paragraphs three and four of Article 3, establishing the obligation of vehicle owners to insure the risk of their civil liability and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled this obligation, were recognized as not inconsistent Constitution of the Russian Federation.

universality and mandatory liability insurance for vehicle owners;

the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the obligation established by this Federal Law to insure their civil liability;

economic interest of vehicle owners in improving road safety.

Chapter II. CONDITIONS AND PROCEDURES FOR IMPLEMENTING COMPULSORY INSURANCE

Article 4. Obligation of vehicle owners for civil liability insurance

The obligation to insure civil liability applies to owners of all vehicles used on the territory of the Russian Federation, except for the cases provided for in paragraphs 3 and 4 of this article.

By Resolution of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P, the provisions of paragraph 2 of Article 4, establishing the obligation of vehicle owners to insure the risk of their civil liability and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled this obligation, were recognized as not contradicting the Constitution of the Russian Federation .

3. The obligation to insure civil liability does not apply to owners of:

a) vehicles whose maximum design speed is no more than 20 kilometers per hour;

c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is provided, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation, other troops , military formations and bodies;
(clause “c” as amended by Federal Law No. 77-FZ dated June 23, 2003)

d) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international compulsory insurance systems, of which the Russian Federation is a participant;

e) trailers for passenger cars belonging to citizens.
(paragraph "d" was introduced by Federal Law dated December 1, 2007 N 306-FZ)

4. The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (the policyholder).

5. Owners of vehicles who have insured their civil liability in accordance with this Federal Law may additionally, voluntarily, carry out insurance in case of insufficient insurance payment under compulsory insurance for full compensation for damage caused to the life, health or property of victims, as well as in the event of liability not related to insurance risk under compulsory insurance (clause 2 of Article 6 of this Federal Law).

6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate for damage caused to the life, health or property of victims in accordance with civil law.

Article 5. Rules of compulsory insurance

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

2. The rules of compulsory insurance, along with other provisions, include the following provisions:

a) the procedure for concluding, amending, extending, and early termination of a compulsory insurance contract;

b) the procedure for paying the insurance premium;

c) a list of actions of persons when carrying out compulsory insurance, including upon the occurrence of an insured event;

d) the procedure for determining the amount of losses subject to compensation and making insurance payments;

e) the procedure for resolving disputes regarding compulsory insurance.

3. The rules of compulsory insurance may also contain provisions of this Federal Law and other federal laws that define the terms of the compulsory insurance contract.

On the refusal to accept for consideration a request to challenge the constitutionality of Article 6, see Resolution of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P.

Article 6. Object of compulsory insurance and insurance risk

a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;

b) causing moral damage or the emergence of an obligation to compensate for lost profits;

c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;

d) pollution of the environment;

e) harm caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;

g) obligations to compensate the employer for losses caused by harm to the employee;

h) the driver causes damage to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;
(as amended by Federal Law dated December 1, 2007 N 306-FZ) i) causing harm when loading cargo onto a vehicle or unloading it;
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of a religious nature, as well as works of science, literature and art, other objects of intellectual property;

k) the obligation of the vehicle owner to compensate for damage to the extent that exceeds the amount of liability provided for by the rules of Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement).

Article 7. Sum insured

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

a) in terms of compensation for harm caused to the life or health of each victim, no more than 160 thousand rubles;

b) in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles;

c) in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles.

Article 8. State regulation of insurance rates

1. State regulation of insurance rates is carried out by establishing, in accordance with this Federal Law, economically justified insurance rates or their maximum levels, as well as the structure of insurance rates and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.

By Resolution of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P, the provision of paragraph one of paragraph 2 of Article 8, which gives the Government of the Russian Federation the authority to establish insurance tariffs for compulsory insurance (their maximum levels), was recognized as not contradicting the Constitution of the Russian Federation.

3. The validity period of the established insurance rates cannot be less than six months.

4. Full or partial compensation to certain categories of policyholders for the insurance premiums they have paid by increasing insurance premiums for other categories of policyholders is not allowed.

5. Annual statistical data on compulsory insurance are subject to official publication by the federal executive body for supervision of insurance activities.

Article 9. Basic rates and coefficients of insurance tariffs

1. Insurance rates consist of base rates and coefficients. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff coefficients.

Basic rates of insurance tariffs are set depending on the technical characteristics, design features and purpose of vehicles, which significantly affect the likelihood of causing harm during their use and the potential amount of harm caused.

2. The coefficients included in insurance rates are set depending on:

c) technical characteristics of vehicles;

d) seasonal use of vehicles;

e) other circumstances significantly affecting the amount of insurance risk.

who caused harm under the circumstances that were the basis for filing a recourse claim (Article 14 of this Federal Law).

4. The maximum amount of the insurance premium under a compulsory insurance contract cannot exceed three times the base rate of insurance tariffs, adjusted taking into account the territory of primary use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five times the amount.

On the refusal to accept for consideration a request to challenge the constitutionality of Article 10, see Resolution of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P.

Article 10. Validity period of the compulsory insurance contract

1. The validity period of a compulsory insurance contract is one year, with the exception of cases for which this article provides for other validity periods of such a contract.

3. When purchasing a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner has the right to enter into a compulsory insurance agreement for the period of travel to the place of registration of the vehicle. In this case, the owner of the vehicle is obliged, before registering it, to enter into a compulsory insurance agreement for one year in accordance with the provisions of paragraph 1 of this article.

In accordance with the Federal Law of December 1, 2007 N 306-FZ, from March 1, 2009, Article 11 of this document will be supplemented by paragraphs 8 - 11.

Article 11. Actions of policyholders and victims upon the occurrence of an insured event

The obligation provided for in this paragraph is also assigned to the driver driving the vehicle in the absence of the policyholder.

3. If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer of the occurrence of an insured event as soon as possible.

5. To resolve the issue of making an insurance payment, the insurer accepts documents on a traffic accident drawn up by authorized police officers, except for the case provided for in paragraph 8 of this article.
(Clause 5 was introduced by Federal Law dated December 1, 2007 N 306-FZ, as amended by Federal Law dated February 7, 2011 N 4-FZ)

b) a traffic accident occurred involving two vehicles, the civil liability of whose owners is insured in accordance with this Federal Law;

(Clause 8 introduced by Federal Law dated December 1, 2007 N 306-FZ)

(Clause 9 introduced by Federal Law dated December 1, 2007 N 306-FZ)

10. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
(Clause 10 was introduced by Federal Law dated December 1, 2007 N 306-FZ, as amended by Federal Law dated February 7, 2011 N 4-FZ)

11. The victim who received an insurance payment on the basis of paragraphs 8 - 10 of this article does not have the right to make additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.

(Clause 11 introduced by Federal Law dated December 1, 2007 N 306-FZ)

Article 12. Determination of the amount of insurance payment

1. The amount of the insurance payment due to the victim in compensation for damage caused to his health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.

The amount of insurance payment for causing harm to the life of the victim is:

135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner);

no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred these expenses.

(Clause 1 as amended by Federal Law dated December 1, 2007 N 306-FZ)

2.1. The amount of damages subject to compensation in case of damage to the property of the victim is determined:

b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the condition in which it was before the occurrence of the insured event.

(clause 2.1 introduced by Federal Law dated December 1, 2007 N 306-FZ)

2.2. The expenses specified in paragraph 2.1 of this article also include expenses for materials and spare parts necessary for restoration repairs, expenses for payment for work associated with such repairs. The amount of costs for materials and spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs, in the manner established by the Government of the Russian Federation. At the same time, depreciation of more than 80 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).
(clause 2.2 introduced by Federal Law dated December 1, 2007 N 306-FZ, as amended by Federal Law dated February 1, 2010 N 3-FZ)

(Clause 4 as amended by Federal Law dated December 1, 2007 N 306-FZ)

The rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintaining the state register of expert technicians, are approved by the federal executive body authorized by the Government of the Russian Federation.

Article 13. Insurance payment

If this obligation is not fulfilled, the insurer, for each day of delay, pays the victim a forfeit (penalty) in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer should have fulfilled this obligation, from the insured amount established by Article 7 of this Federal Law by type compensation for harm to each victim.

The amount of the penalty (penalty) payable to the victim cannot exceed the amount of the insurance amount for the type of compensation for harm to each victim, established by Article 7 of this Federal Law.

(clause 2 as amended by Federal Law dated December 1, 2007 N 306-FZ)

3. When several victims apply in the event of harm to their life or health as a result of one insured event, insurance payments must be made taking into account the requirements of paragraph 1 of Article 12 of this Federal Law.

If the amount of claims presented by several victims to the insurer on the day of the first insurance payment for compensation for damage caused to property for a given insured event exceeds the insurance amount established by Article 7 of this Federal Law, insurance payments are made in proportion to the ratio of this insurance amount to the amount of these claims of victims (taking into account restrictions on insurance payments in terms of compensation for damage caused to the property of one victim, in accordance with Article 7 of this Federal Law).

4. The insurer is released from the obligation to make an insurance payment in cases provided for by law and (or) the compulsory insurance agreement.

Article 14. The right of recourse of the insurer

The insurer has the right to file a recourse claim against the person who caused the harm in the amount of the insurance payment made by the insurer if:
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

due to the intent of the said person, harm was caused to the life or health of the victim;

the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);

the specified person did not have the right to drive the vehicle during the use of which he was harmed;

the said person fled the scene of the traffic accident;

the insured event occurred when the specified person used the vehicle during a period not provided for by the compulsory insurance contract (when concluding a compulsory insurance contract with the condition of using the vehicle during the period provided for by the compulsory insurance contract).

In this case, the insurer also has the right to demand from the specified person compensation for expenses incurred during the consideration of the insured event.

Article 14.1. Direct indemnity

a) as a result of a traffic accident, damage was caused only to property;

b) a traffic accident occurred with the participation of two vehicles, the civil liability of whose owners is insured in accordance with this Federal Law.

4. The insurer that insured the civil liability of the victim shall compensate for the damage caused to the property of the victim in the amount of the insurance payment on behalf of the insurer that insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses ( Article 26.1 of this Federal Law) taking into account the provisions of this article.

6. The insurer that insured the civil liability of the person who caused the harm is obliged to reimburse, as an insurance payment under the compulsory insurance contract, the insurer that provided direct compensation for losses, the damage it compensated to the victim in accordance with the agreement on direct compensation for losses (Article 26.1 of this Federal Law).
(as amended by Federal Law No. 3-FZ dated 01.02.2010)

Article 15. Procedure for compulsory insurance

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts with insurers, which indicate the vehicles whose owners’ civil liability is insured.

3. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:

a) application for concluding a compulsory insurance contract;

b) passport or other identification document (if the policyholder is an individual);

c) certificate of state registration of a legal entity (if the policyholder is a legal entity);

d) a vehicle registration document issued by the body that registers the vehicle (vehicle passport, vehicle registration certificate, technical passport or technical coupon or similar documents);

4. By agreement of the parties, the policyholder has the right to submit copies of documents necessary for concluding a compulsory insurance contract.

7. When concluding a compulsory insurance contract, the insurer hands the policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance. The compulsory insurance policy form is a document of strict accountability.

Article 16. Compulsory insurance for limited use of vehicles

1. Owners of vehicles have the right to enter into compulsory insurance contracts taking into account the limited use of vehicles that are in their ownership or possession.
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

Limited use of vehicles owned or owned by citizens is recognized as driving vehicles only by drivers specified by the insured and (or) seasonal use of vehicles for three or more months in a calendar year.

The owner of the vehicle has the right to notify the insurer in writing about these circumstances when concluding a compulsory insurance contract. In this case, the insurance premium under the compulsory insurance agreement, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by insurance tariffs and taking into account the driving experience, age and other personal data of drivers admitted to driving the vehicle, and (or) provided for by the compulsory agreement insurance for the period of its use (clause 2 of Article 9 of this Federal Law).

Article 17. Compensation of insurance premiums under a compulsory insurance contract

The specified compensation is provided subject to the use of the vehicle by a person entitled to such compensation, and along with him by no more than two drivers.
(paragraph introduced by Federal Law dated December 1, 2007 N 306-FZ)

Compensation of insurance premiums under a compulsory insurance contract is an expense obligation of the Russian Federation.
(as amended by Federal Law dated December 29, 2004 N 199-FZ)

Funds for the implementation of transferred powers to provide these social support measures are provided as part of Federal Fund compensation generated in the federal budget in the form of subventions.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body, which develops a unified state financial, credit, and monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients, as well as indicating volume of expenses incurred. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

Funds for the implementation of these powers are targeted and cannot be used for other purposes.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.
(paragraph introduced by Federal Law dated December 29, 2004 N 199-FZ)

Chapter III. COMPENSATION PAYMENTS

(as amended by Federal Law dated July 21, 2005 N 103-FZ)

Article 18. Right to receive compensation payments

(as amended by Federal Law dated July 21, 2005 N 103-FZ)

1. Compensation payment to compensate for harm caused to the life or health of the victim is carried out in cases where insurance payment under compulsory insurance cannot be made due to:

b) revocation of the insurer’s license to carry out insurance activities;

c) the unknown person responsible for the harm caused to the victim;

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

2. Compensation payment to compensate for damage caused to the property of the victim is carried out in cases where insurance payment under compulsory insurance cannot be made due to:

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

b) revocation of the insurer's license to carry out insurance activities.

3. On the territory of the Russian Federation, foreign citizens, stateless persons and foreign legal entities have the right to receive compensation payments on an equal basis with citizens of the Russian Federation and Russian legal entities.

(Clause 3 as amended by Federal Law dated December 1, 2007 N 306-FZ)

6. A claim at the request of the victim for compensation payments may be brought within three years.
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

Article 19. Making compensation payments

1. According to the claims of victims, compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law.

Consideration of claims of victims for compensation payments, making compensation payments and exercising the rights of claim provided for in Article 20 of this Federal Law can be carried out by insurers acting at the expense of a professional association on the basis of contracts concluded with it.

Compensation payments are established:

in terms of compensation for harm caused to the life or health of each victim, in the amount of no more than 160 thousand rubles, taking into account the requirements of paragraph 1 of Article 12 of this Federal Law;
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

In this case, these compensation payments are reduced by an amount equal to the amount of partial compensation made by the insurer and (or) the person responsible for the damage caused.

(clause 2 as amended by Federal Law dated July 21, 2005 N 103-FZ)

Article 20. Collection of compensation payments

1. The amount of compensation payment made to the victim in accordance with subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law is recovered by way of recourse at the claim of a professional association of insurers from the person responsible for the harm caused to the victim.
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

The professional association of insurers also has the right to demand from the specified person compensation for expenses incurred to consider the victim’s claim for compensation.

2. Within the limits of the amount of compensation payment made to the victim in accordance with subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has to the insurer is transferred to the professional association of insurers .
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

Chapter IV. INSURERS

Article 21. Insurers

1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider claims of victims for insurance payments and to make insurance payments.

By the Decree of the Constitutional Court of the Russian Federation dated May 31, 2005 No. 6-P, paragraph 2 of Article 2, as granting the right for an insurer to obtain a license for civil liability insurance of vehicle owners only to those insurance organizations that are members of a professional association of insurers, was recognized as not contradicting the Constitution of the Russian Federation.

2. Insurers must be members of a professional association of insurers operating in accordance with this Federal Law.

Insurers and their representatives must be located in premises adapted to perform their functions.

5. To be included in the list of insurers carrying out insurance operations within the framework of international insurance systems, the insurer must:

a) be a member of a professional association of insurers;

b) make a contribution to the current liability fund formed by a professional association of insurers in accordance with this Federal Law in an amount equivalent to 500 thousand euros at the exchange rate of the Central Bank of the Russian Federation established on the day of payment.

(Clause 5 introduced by Federal Law dated December 1, 2007 N 306-FZ)

7. The professional association of insurers is obliged to post a quarterly list of insurers carrying out insurance operations within the framework of international insurance systems on its official website on the Internet and publish it in print media with a circulation of at least 10 thousand copies.
(Clause 7 introduced by Federal Law dated December 1, 2007 N 306-FZ)

Article 22. Features of the implementation of compulsory insurance operations by insurers

2. If, when carrying out compulsory insurance, the difference between the income and expenses of the insurer for the first quarter, six months, nine months, calendar year (reporting period) exceeds 5 percent of the specified income, the excess amount is sent by the insurer to the formation of an insurance reserve to compensate for expenses for making insurance payments and direct compensation for losses in subsequent periods (stabilization reserve for compulsory insurance) until this reserve reaches a value equal to 10 percent of the size of the insurance reserve for occurred but undeclared losses, formed by the insurer for making insurance payments for compulsory insurance (reserve for occurred but undeclared losses under compulsory insurance) at the end of the reporting period.
(clause 2 as amended by Federal Law dated February 28, 2009 N 30-FZ)

3. When implementing compulsory insurance, insurers form:

reserve for financial security of compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law (reserve of guarantees);
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

reserve for financial support of compensation payments made in accordance with subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law (reserve for current compensation payments).
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

The amounts of contributions to the guarantee reserve and the reserve of current compensation payments are established in accordance with the structure of insurance tariffs.

Chapter V. PROFESSIONAL ASSOCIATION OF INSURERS

Article 24. Professional association of insurers

1. A professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating to ensure their interaction and formulate rules of professional activity in the implementation of compulsory insurance.

2. A professional association of insurers is created with the consent of the federal executive body for supervision of insurance activities.

3. The professional association of insurers is open to new members.

Article 25. Functions and powers of a professional association of insurers

1. Professional association of insurers:

b) represents and protects in government bodies, local self-government bodies, other bodies and organizations interests related to the implementation of compulsory insurance by members of the professional association;

d) compensate for the missing part of the assets upon transfer of the insurance portfolio at the expense of funds intended for making compensation payments, in accordance with Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”;

e) performs other functions provided for by the constituent documents of the professional association in accordance with its goals and objectives.

(Clause 1 as amended by Federal Law dated April 22, 2010 N 65-FZ)

2. A professional association of insurers has the right:

generate and use information resources containing information about compulsory insurance, including information about compulsory insurance contracts and insured events, personal data about policyholders and victims, ensuring the requirements established by the legislation of the Russian Federation for the protection of restricted access information;

protect in court the interests of members of a professional association related to their implementation of compulsory insurance;

A professional association of insurers has the right to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.

A professional association may carry out commercial activities only insofar as it serves the purposes for which it was created and is consistent with these purposes.

Article 26. Rules of professional activity

1. A professional association of insurers shall establish rules binding on the professional association and its members and containing requirements in relation to:

b.1) the terms of the agreement between members of the professional association of insurers on direct compensation for losses;
(clause "b.1" was introduced by Federal Law dated December 1, 2007 N 306-FZ)

c) the procedure for financing compensation payments by members of the professional association, measures to control the intended use of relevant funds, the procedure for keeping records by the professional association of transactions with funds intended for compensation payments;

c.1) actions of members of the professional association of insurers and their execution of documents when transferring the insurance portfolio, as well as additional conditions and features of the transfer of the insurance portfolio, including the choice of the insurer to whom the insurance portfolio is transferred, when applying measures to prevent bankruptcy of the insurer and during procedures applied in a bankruptcy case of an insurer, the procedure for determining the amount and payment to the insurer to whom the insurance portfolio was transferred, the appropriate remuneration;
(Clause "C.1" as amended by Federal Law No. 65-FZ dated April 22, 2010)

d) formation information resources professional association containing restricted information, as well as rules for the protection of these information resources and their use;

e) the procedure for the entry of new members into the professional association and the withdrawal or expulsion of members from it;

g) qualifications of employees;

h) documentation, rules for maintaining records and reporting;

m) rules of professional activity related to the activities of a professional association of insurers and the activities of its members within the framework of international insurance systems and corresponding to the requirements imposed within such systems, including the procedure for payment of contributions, the formation and use of a current liability fund, the establishment of insurance tariffs and procedures their application in determining the insurance premium, as well as the structure of insurance tariffs, including the share of the insurance premium intended for remuneration for concluding an insurance contract;
(as amended by Federal Laws dated December 1, 2007 N 306-FZ, dated December 27, 2009 N 362-FZ)

o) other rules of professional activity in compulsory insurance, the establishment of which is within the competence of the professional association by decision of its members;

o) the procedure for recording, storing, destroying and transferring insurance policy forms;
(Clause “p” was introduced by Federal Law dated December 1, 2007 N 306-FZ)

c) the procedure for maintaining and providing logs of concluded compulsory insurance contracts, co-insurance contracts, logs of losses and early terminated insurance contracts, co-insurance contracts;
(clause “c” was introduced by Federal Law No. 65-FZ of April 22, 2010)

r) the procedure for providing members of the professional association of insurers with forms of compulsory insurance policies and forms used in carrying out insurance operations within the framework of international insurance systems, and the use of these forms depending on the financial stability and solvency of the members of the professional association of insurers, as well as compliance with the conditions of membership in professional association of insurers.
(paragraph “t” was introduced by Federal Law dated December 28, 2010 N 392-FZ)

1.1. The requirements specified in subparagraphs “a” - “d”, “n”, “p” - “t” of paragraph 1 of this article are established and amended by the professional association of insurers in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities, the requirements specified in subparagraph "t" of paragraph 1 of this article regarding the procedure for providing members of a professional association of insurers with forms of compulsory insurance insurance policies and forms used in carrying out insurance operations within the framework of international insurance systems, also in agreement with the federal executive body exercising the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, other requirements provided for in paragraph 1 of this article - by a professional association of insurers, subject to notification of the federal executive body for supervision of insurance activities in the manner established by this body .
(as amended by Federal Laws dated December 1, 2007 N 306-FZ, dated December 27, 2009 N 362-FZ, dated April 22, 2010 N 65-FZ, dated December 28, 2010 N 392-FZ)

2. In the event that the rules of professional activity established by a professional association of insurers violate the rights of other persons, including victims, policyholders, insurance organizations that are not members of the professional association, persons whose rights are violated, and the federal executive body for supervision of insurance activities has the right to file a claim to have these rules declared invalid or to make changes to them.

Persons whose rights have been violated have the right to demand compensation from the professional association of insurers for losses caused to them.

Article 26.1. Direct Indemnity Agreement

(introduced by Federal Law dated December 1, 2007 N 306-FZ)

Requirements for an agreement on direct compensation of losses, the procedure for settlements between these insurers, as well as features accounting for operations related to direct compensation of losses, are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities.

2. The constituent documents of a professional association of insurers must provide that the conclusion of an agreement on direct compensation of losses with all members of such an association is a mandatory condition for membership of an insurance organization in a professional association of insurers.

Article 27. Obligation of a professional association to make compensation payments

1. The constituent documents of a professional association must establish its obligation to make compensation payments provided for by this Federal Law, and in relation to members of the professional association - their subsidiary liability for the corresponding obligations of the professional association.

2. The claims of victims for compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law are satisfied by the professional association at the expense of funds sent by members of the professional association from guarantee reserves (paragraph 3 of Article 22 of this Federal Law ), as well as funds received from the exercise by a professional association of the right of claim provided for in paragraph 2 of Article 20 of this Federal Law.
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

The victims' demands for compensation payments provided for in subparagraphs "c" and "d" of paragraph 1 of Article 18 of this Federal Law are satisfied by the professional association at the expense of funds sent by members of the professional association from the reserves of current compensation payments (Clause 3 of Article 22 of this Federal Law), and also funds received from the exercise by a professional association of the right of claim provided for in paragraph 1 of Article 20 of this Federal Law.
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

If there are insufficient funds sent by members of a professional association from guarantee reserves, the claims of victims for compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law are satisfied by the professional association at the expense of funds sent by members of the professional association from reserves of current compensation payments (clause 3 of Article 22 of this Federal Law), as well as funds received from the exercise by a professional association of the right of claim provided for in clause 1 of Article 20 of this Federal Law.
(paragraph introduced by Federal Law dated December 27, 2009 N 344-FZ)

If there are insufficient funds sent by members of a professional association from the reserves of current compensation payments, the claims of victims for compensation payments provided for in subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law are satisfied by the professional association at the expense of funds sent by members of the professional association from reserves guarantees (clause 3 of Article 22 of this Federal Law), as well as funds received from the exercise by a professional association of the right of claim provided for in clause 2 of Article 20 of this Federal Law.
(paragraph introduced by Federal Law dated December 27, 2009 N 344-FZ)

3. The subsidiary liability established in accordance with paragraph 1 of this article is borne by members of a professional association:

for the obligations of the professional association in terms of making compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law, within the limits of the guarantee reserves formed by them;
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

for the obligations of the professional association in terms of making compensation payments provided for in subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law, within the limits of the reserves of current compensation payments formed by them.
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

Article 28. Property of a professional association of insurers

1. The property of a professional association of insurers is formed through:

property transferred to a professional association by its founders in accordance with the constituent agreement of the professional association;

entrance fees, membership fees, targeted contributions and other mandatory payments paid to the professional association by its members in accordance with the rules of the professional association;

funds received from the implementation of the rights of claim provided for in Article 20 of this Federal Law;

voluntary contributions, funds from other sources.

The property of a professional association may be used exclusively for the purposes for which the professional association was created.

2. Funds intended to finance compensation payments are separated from other property of the professional association.

In this case, funds intended to finance compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law are separated from funds allocated to finance compensation payments on other grounds.
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

Funds intended to finance compensation payments are reflected on separate balance sheets of the professional association, and separate records are kept for them. For payments for activities related to the implementation of each of the specified types of compensation payments, the professional association opens a separate bank account.

2.1. In order to fulfill its financial obligations to participants in international insurance systems, the professional association of insurers forms a current liability fund.
(clause 2.1 introduced by Federal Law dated December 1, 2007 N 306-FZ)

3. Investment of temporarily free funds of a professional association is carried out on the terms of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.

The directions for investing temporarily free funds of a professional association are determined by the annual plan approved by the general meeting of members of the professional association.

4. The federal executive body for supervision of insurance activities may establish requirements for the minimum amount of funds to finance compensation payments provided for in subparagraphs “a” and “b” of paragraph 1 and paragraph 2 of Article 18 of this Federal Law and located in the bank account of a professional association .
(as amended by Federal Law dated July 21, 2005 N 103-FZ)

5. Funds received by a professional association from the exercise of rights of claim provided for in Article 20 of this Federal Law are used to finance compensation payments.

6. The financial activities of a professional association of insurers are subject to mandatory annual audits.

An independent audit organization and the terms of the agreement that a professional association of insurers is obliged to conclude with it are approved by the general meeting of members of the professional association.

7. The annual report and annual balance sheet of a professional association, after their approval by the general meeting of members of the professional association, are subject to publication annually.

Article 29. Contributions and other obligatory payments of members of a professional association

The amount and procedure for payment by members of a professional association of insurers of contributions, contributions and other obligatory payments to the professional association are established by the general meeting of members of the professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association. In order for insurers to carry out insurance operations within the framework of international insurance systems, the constituent documents of a professional association of insurers may provide for a different procedure for establishing the amount and payment of mandatory contributions.
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

Chapter VI. FINAL PROVISIONS

Article 30. Information interaction

On the refusal to accept for consideration a request to challenge the constitutionality of paragraph 1 of Article 30, see Resolution of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P.

1. Executive authorities of the Russian Federation, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations and citizens are obliged to provide free of charge, at the request of insurers and their professional associations, information they have (including confidential information) related to insured events under compulsory insurance or with the events that gave rise to victims' claims for compensation.

Insurers and their professional association are obliged to comply with the protection regimes established by the legislation of the Russian Federation, the regime for processing received confidential information and the procedure for its use, and in the event of their violation they bear responsibility under the legislation of the Russian Federation.

On the refusal to accept for consideration a request to challenge the constitutionality of paragraph 2 of Article 30, see Resolution of the Constitutional Court of the Russian Federation of May 31, 2005 N 6-P.

2. Insurers are required to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.

3. In order to organize the exchange of information on compulsory insurance and control over its implementation, an automated information system is created containing information on compulsory insurance contracts, insured events, vehicles and their owners, statistical and other information on compulsory insurance. Information generated within the framework of the specified automated information system belongs to federal information resources.

The use of information resources of the automated information system is free and publicly available, with the exception of information that constitutes restricted access information in accordance with federal law. The use of restricted access information is carried out by government bodies, insurers and their professional association, other bodies and organizations in accordance with their competence established by the legislation of the Russian Federation and in the manner prescribed by it.

Lists of information mandatory provided by public authorities, insurers, and other persons for the formation of information resources of an automated information system, the procedure for providing users with the information contained in it, as well as bodies and organizations responsible for collecting and processing these information resources are approved by the Government of the Russian Federation .

Article 31. International insurance systems

(as amended by Federal Law dated December 1, 2007 N 306-FZ)

Paragraph 1 of Article 31 comes into force on January 1, 2009 (Federal Law of December 1, 2007 N 306-FZ).

2. The conditions under which, within the framework of international insurance systems, civil liability insurance of owners of vehicles registered in the territories of foreign states and temporarily used in the territory of the Russian Federation is carried out must comply with the legislation of the Russian Federation on insurance, regulatory legal acts of the Government of the Russian Federation defining the rules of mandatory insurance.

Article 32. Control over the fulfillment of insurance obligations by vehicle owners

1. Control over the fulfillment by vehicle owners of the insurance obligation established by this Federal Law is carried out by the police during registration, organization of state technical inspection of vehicles and the exercise of their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of ensuring road safety movements. The driver of the vehicle is required to carry a compulsory insurance policy and hand it over for inspection to police officers authorized to do so in accordance with the legislation of the Russian Federation.
(as amended by Federal Law No. 4-FZ dated 02/07/2011)

Customs authorities exercise control over the fulfillment by vehicle owners of the obligation established by this Federal Law to insure their civil liability when vehicles enter the Russian Federation, as well as over the fulfillment of the obligation established by paragraph 1 of Article 31 of this Federal Law, when vehicles leave the Russian Federation for other states where international insurance systems are used.
(as amended by Federal Law dated December 1, 2007 N 306-FZ)

By Resolution of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P, the provisions of paragraph 3 of Article 32, establishing the obligation of vehicle owners to insure the risk of their civil liability and the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled this obligation, were recognized as not contradicting the Constitution of the Russian Federation .

3. On the territory of the Russian Federation, the use of vehicles whose owners have not fulfilled the obligation established by this Federal Law to insure their civil liability is prohibited. State technical inspection and registration are not carried out for these vehicles.

Article 33. On the entry into force of this Federal Law

1. This Federal Law comes into force on July 1, 2003, with the exception of provisions for which, in accordance with this article, other dates of entry into force are provided.

2. The provisions of this Federal Law provided for in relation to the creation of a professional association of insurers and the conditions for issuing permits (licenses) to insurers to carry out compulsory civil liability insurance of vehicle owners shall come into force on the date of official publication of this Federal Law.

5. In the period from January 1, 2010 to December 31, 2012 inclusive, if, when carrying out compulsory insurance, the difference between the income and expenses of the insurer for the reporting period exceeds 5 percent of the indicated income, the excess amount is sent by the insurer to the formation of a stabilization reserve for compulsory insurance until this reserve reaches the limit value, calculated as the sum of 10 percent of the amount of the reserve for occurred but unreported losses for compulsory insurance at the end of the reporting period and the positive difference between the amount of the stabilization reserve for compulsory insurance as of December 31, 2009 and 10 percent of the amount of the reserve for those that occurred, but unreported losses on compulsory insurance as of December 31, 2009, multiplied by the number of quarters remaining until December 31, 2012 and divided by 12.
(Clause 5 introduced by Federal Law No. 30-FZ dated February 28, 2009)

6. If the amount of the stabilization reserve for compulsory insurance, formed as of March 31, 2010 and for subsequent reporting periods until December 31, 2012, exceeds the limit specified in paragraph 5 of this article, the insurer shall bring the size of the stabilization reserve for compulsory insurance in accordance with the specified limit value.
(Clause 6 introduced by Federal Law No. 30-FZ dated February 28, 2009)

7. If the stabilization reserve for compulsory insurance specified in paragraph 2 of Article 22 of this Federal Law as of December 31, 2012 exceeds 10 percent of the amount of the reserve for occurred but unreported losses for compulsory insurance, the insurer brings its size into line with the specified value.
(Clause 7 introduced by Federal Law No. 30-FZ dated February 28, 2009)

Article 34. Bringing regulatory legal acts into compliance with this Federal Law

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

The president
Russian Federation
V. PUTIN

The legislation regulates civil liability insurance with separate regulations. Federal Law No. 40 was adopted in April 2002, but came into force only a year later. Since its adoption, the law has undergone a number of changes that require separate consideration.

The Federal Law “On compulsory civil liability insurance of vehicle owners” structurally consists of six main chapters. The division is intended to group the articles of the law according to the main issues:

establishment general concepts and provisions of compulsory motor liability insurance, an indication of the principles that formed the basis for the adoption of Federal Law 40;
conditions of civil motor insurance, procedure for its implementation;
payment of compensation under compulsory motor liability insurance;
regulation of the activities of insurance companies.

The purpose of the law is to establish compulsory car insurance and obtain a compulsory motor liability insurance policy. The purpose of the Federal Law is to protect the rights of victims and pay them compensation for damage caused through insurance under compulsory motor liability insurance.

The law came into force on July 1, 2003. Last changes fall on March 28, 2017. Their adoption is regulated by Federal Law 49, which amends the Law on Compulsory Motor Liability Insurance. Most of the amendments came into force on April 28, but the changes to paragraph 12 of Article 1 are valid only from September 25, 2017.

Do you know what changes Federal Law 28 on civil defense has undergone? Latest edition

Latest changes in the Law on Compulsory Motor Liability Insurance

The latest changes to the MTPL Law under Federal Law 49 are intended to regulate the following aspects:

Previously, the insurer was obliged to carry out an analysis of vehicle damage within 5 days from the moment it was submitted for examination, recent changes in the law left the specified period, but established its countdown at the time of filing an application for an accident with the MTPL insurer;
the possibility of conducting an independent examination was abolished, the relevant documents lost their legal force;
the period during which, according to Federal Law 40, claims are filed against the insurer under OSAGO, has been increased, now it is 10 days;
from the beginning of September 2017, the insurance period under the MTPL policy cannot be less than one year;
monetary compensation for damage is not paid to the victim, but is transferred to repair companies with which the insurer has entered into a corresponding agreement;
The limit on the sum insured under the Europrotocol has been increased to 100 thousand rubles;
Since 2017, it is possible to purchase a compulsory motor liability insurance policy via the Internet;
the right of recourse comes into force - if the insurer proves that the person at fault for the accident intentionally caused harm, then, according to Federal Law 40, the full or partial amount of insurance will be recovered from the latter.

Recent changes to Federal Law 40 on compulsory motor liability insurance have raised a number of questions on interpretation and regulation certain points:

low level of responsibility of insurance companies in payments under MTPL policies, lack of regulation of relevant enforcement mechanisms;
certain provisions are vague in their wording and can be interpreted in two ways;
as a consequence of the inaccuracies of the Law on Compulsory Motor Liability Insurance - the lack of adequate decisions during judicial consideration of certain issues;
the issue of counterfeit MTPL policies is not regulated;
in some situations, the victim, despite the fact that the person responsible for the accident has compulsory motor liability insurance, is forced to pay extra for the repair of the vehicle.

The current edition of the Federal Law “On compulsory civil liability insurance of vehicle owners” can be considered using the example of individual articles.

First article of Federal Law 40 According to the latest amendments, it has undergone a number of changes:

in the eighth paragraph the wording “ (make insurance payment)” has been replaced by “ (make insurance compensation in the form of an insurance payment or by organizing and (or) paying for the restoration of a damaged vehicle)”;
in the eleventh, thirteenth and fourteenth paragraphs of the wording “ insurance payments” change to “ insurance compensation ”;
in the sixteenth paragraph the wording “ at a service station selected by the victim in agreement with the insurer from among the service stations with which the insurer has entered into agreements establishing the obligation of the service station to carry out restorative repairs of the victim’s vehicle and the insurer’s obligation to pay for such repairs against the insurance payment" shortened to " at a service station determined in accordance with this Federal Law«;
additional paragraph added - " agreement for the organization of restoration repairs - an agreement concluded between the insurer and the service station and establishing, among other things, the obligation of the service station to carry out restoration repairs of the damaged vehicle of the victim and the obligation of the insurer to pay for such repairs on account of insurance compensation in accordance with this Federal Law.«.

Article 2 of Federal Law 40 regulates the system of compulsory motor insurance in the legislation of the Russian Federation. The priority of provisions of international agreements is prescribed. No changes have been made to this provision since its original edition.

IN Article 4 of Federal Law 40 wording " insurance payment for compulsory insurance" changed to " insurance amounts established by Article 7 of this Federal Law,«.

IN Article 12 of Federal Law 40 the wording “ insurance payments" on " insurance compensation" The name of the position has been changed to “ Article 12. The procedure for making insurance compensation for harm caused to the victim". The 15th paragraph has been supplemented with three subparagraphs regulating insurance compensation for damage caused, requirements for repair work and the possibility of the victim independently carrying out repairs with the company with which the insurer has a corresponding agreement.

Article 17 Federal Law 40 regulates compensation of insurance premiums under compulsory motor liability insurance. For 2017, there were no changes to this provision. The last edition of this article was brought up to date in 2008.

Download Federal Law

To fully familiarize yourself with the current version of Federal Law 40 on OSAGO with the latest changes, it is recommended to refer to the document itself. Below are links to download Federal Laws 40 and 49. The second document is the law that contains a list of the latest changes to OSAGO insurance for 2017. Download latest edition“Law on Compulsory Insurance” Federal Law 40 is possible. Federal Law 49 with amendments can be downloaded.

In many countries around the world, civil liability of drivers is subject to compulsory insurance; Russia is no exception. This article will describe the legislative act regulating civil liability insurance, as well as the purposes of its creation, the main provisions and the innovations and changes introduced.

Basic provisions of 40 Federal Law

The Federal Law “On compulsory civil liability insurance of vehicle owners” was adopted by members of the State Duma in April 2002 (04/03/02). The Federation Council approved this bill 6 days after its publication - on April 10 of the same year. The official entry into force of the 40th Federal Law falls on April 25, 2002.

Target edition of this legislative act is due to the protection of victims of road accidents, as well as compensation for damage to victims at the expense of the insurance company that issued the MTPL policy. The provisions of this law on compulsory motor liability insurance state that civil liability insurance is mandatory for all drivers. The absence of an MTPL insurance policy from the owner of the vehicle is regarded as a violation of this Federal Law No. 40, and for this reason the driver will be held accountable.

The Federal Law “On compulsory civil liability insurance of vehicle owners” dated April 25, 2002 consists of six chapters:

general provisions of Federal Law No. 40 - concepts, principles;
insurance rules auto liability— rules for using the MTPL policy, its validity period, the amount of insurance paid, the amount of insurance premiums, etc.;
provisions on compensation payments - the procedure for implementation and the right to receive compensation payments in accordance with the MTPL policy;
activities of insurers in accordance with this law;
regulations on the professional association of insurers;
final aspects of the 40th law - regulation of the implementation of the law, entry into force and more.

Latest changes made to the law on compulsory motor liability insurance

Many years have passed since the publication of this law on compulsory motor liability insurance; therefore, during the previous period, the act has undergone many changes. New law on compulsory motor liability insurance with all amendments came into force on September 25, 2017. However, the decision to introduce amendments and additions to this Federal Law No. 40 was made back in March 2017.

The new law on compulsory motor third party liability insurance was introduced on the basis of Federal Law No. 49. The additions and amendments made were necessary to improve the rules for motor third party liability insurance. Most of the changes are aimed at:

to determine the timing of the analysis of what happened Road accident insurance company. Analysis of vehicle damage is carried out within five working days. The prescribed five-day period is counted from the date of the accident;
to facilitate the procedure for conducting an independent examination at the scene of a traffic accident;
to increase the period given for sending a complaint to the insurance company that issued the MTPL policy. In accordance with this Law No. 40, this period is 10 days;
the innovations state that the validity period of the MTPL insurance policy is 12 months;
in connection with the adopted changes, compensation amounts are not paid to the driver, as was previously the case, but are transferred to the account of the company repairing the vehicle;
adopted an innovation to increase the limit of the sum insured in accordance with the European Protocol. Now the limit is 100 thousand rubles;
changes made to the law on compulsory motor liability insurance from September 2017 allow you to purchase an insurance policy via the Internet.

The latest changes to No. 40-FZ affected some articles of this legislative act.

Article 1 of the Law on Compulsory Motor Liability Insurance No. 40

The text of this article is devoted to the basic concepts used in the law. On the basis of Law 49, additions were made to it in the form of one paragraph. The introduced innovation reveals the concept of a contract for organizing restoration repairs. Conclusion of this agreement between the insurer and the company carrying out repair and restoration work with a broken motor vehicle, is carried out against insurance compensation.

Article 4 of this Federal Law

Article 4 of Federal Law No. 40 contains provisions on the obligations of vehicle owners to insure their civil liability. Its text states that the obligation to purchase an MTPL policy does not apply to:

vehicles with a power not exceeding 20 km/h;
vehicles belonging to the Russian armed forces;
cars registered in foreign countries if they have an international insurance policy;
trailers owned by car owners;
and etc.

Amendments to Article 12

The provisions of this article disclose the conditions and rules for making compensation under compulsory motor liability insurance. IN latest edition It was decided to replace the phrase “insurance payments” with “insurance compensation”. Also with latest changes Federal Law No. 40 in Article 12, paragraph 15, was amended. The addition, introduced in September 2017, reveals the essence of the requirements for restoration work with a vehicle, also contains provisions for carrying out repairs yourself.

Article 14

Its provisions stipulate the rules and the possibility of recourse. According to the text of this article of the law on compulsory motor liability insurance, the insurer has the right to make a recourse claim against a citizen who has caused harm in the following cases:

the harm to the victim was caused intentionally;
the damage caused was committed in a state of intoxication - alcoholic, narcotic;
the driver did not have the right to drive this vehicle;
the citizen who caused the harm left the scene of the traffic accident;
other circumstances provided for by this Federal Law.

Article 26 of the Federal Law on Compulsory Motor Liability Insurance

The provisions of this article regulate the rules for conducting professional activities under a motor vehicle liability insurance contract. Namely, it contains the following provisions:

conditions for consideration of claims made by the injured party in the event of a traffic accident;
procedure for payment of compensation;
direct compensation rules;
nuances of joining a professional association of insurance companies;
criteria and amounts of contributions to the reserve fund;
other provisions.