Adopted by the State Duma on April 3, 2002
Approved by the Federation Council on April 10, 2002

In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational foundations compulsory insurance civil liability 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 the transport on roads of people, goods or equipment installed on it;
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 another person used a vehicle;
place of residence (location) of the victim - the citizen’s place of residence or location determined in accordance with civil law 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 stipulated in the contract ( insured event) compensate the victims for damage caused to their life, health or property as a result of this event (make an insurance payment) within the limits of the amount specified in the contract (insurance amount). 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 - an insurance organization that has the right to carry out compulsory civil liability insurance of vehicle owners in accordance with the permit (license) issued federal body executive power for supervision of insurance activities in accordance with legislation Russian Federation ok;
insured event - the occurrence of civil liability of the insured, other persons whose risk of liability is insured under a compulsory insurance contract, for causing harm to the life, health or property of victims when using a vehicle, which entails the insurer’s obligation 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 - payments made in accordance with this Federal Law to compensate for harm caused to the life or health of the victim, in cases where insurance payment under compulsory insurance cannot be made due to the failure of the harm-cauter to fulfill his insurance obligations or the application of bankruptcy proceedings to the insurer or if the cause of said harm is unknown;
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.

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;
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

Article 4. Obligation of vehicle owners for civil liability insurance
1. Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law, and in accordance with it at their own expense, to insure as insurers the risk of their civil liability, which may arise as a result of harm to the life, health or property of others when using Vehicle.
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 five 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, with the exception of buses, passenger cars and trailers for them, other used to provide economic activity Armed Forces of the Russian Federation vehicles;
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.
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 (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, 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.

Article 5. Standard conditions of a compulsory insurance contract
The conditions under which a compulsory insurance contract is concluded must comply with the standard conditions of a compulsory insurance contract contained in the compulsory insurance rules issued by the Government of the Russian Federation.

Article 6. Object of compulsory insurance and insurance risk
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) 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;
f) causing harm to the life or health of workers 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, or the equipment installed on them;
i) causing harm when loading cargo onto a vehicle or unloading it, as well as when moving the vehicle through the internal territory of the organization;
j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and 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 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement).
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.

Article 7. Sum insured
The insurance amount, within the limits of which the insurer undertakes to compensate the victims for the damage caused upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract), is 400 thousand rubles, namely:
in terms of compensation for harm caused to the life or health of several victims - 240 thousand rubles and not more than 160 thousand rubles in case of harm to the life or health of one victim;
in terms of compensation for damage caused to the property of several victims - 160 thousand rubles and not more than 120 thousand rubles in case of damage to the property of one victim.

Article 8. Government regulation 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.
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 are established by the Government of the Russian Federation in accordance with this Federal Law.
At the same time, the share of the insurance premium used in calculating insurance rates and directly intended for making insurance and compensation payments to victims cannot be less than 80 percent of the insurance premium.
3. The validity period of the established insurance rates 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.

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 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:
territories of primary use of the vehicle;
the presence or absence of insurance payments made by insurers when implementing compulsory civil liability insurance of owners of the specified vehicle in previous periods;
other significantly affecting the value insurance risk circumstances.
For cases of compulsory liability insurance for citizens using vehicles they own, insurance rates also establish coefficients that take into account:
whether the compulsory insurance contract provides for a condition that only drivers specified by the policyholder are allowed to drive a vehicle, and if such a condition is provided, their driving experience, age and other personal data;
seasonal use vehicle.
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 the circumstances that were the basis for filing a recourse claim (Article 14 of 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.

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.
The compulsory insurance contract is extended for the next year if the policyholder has not notified the insurer of its refusal to renew it no later than two months before the expiration of this contract. The validity of the extended compulsory insurance contract does not terminate if the policyholder is late in paying the insurance premium for the next year by no more than 30 days. When renewing a compulsory insurance contract insurance premium on new term his actions are paid in accordance with the insurance rates in force at the time of payment.
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 15 days.
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.

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

Article 12. Determination of the amount of insurance payment
1. The amount of the insurance payment due to the victim in compensation for harm caused to his life or health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the 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 organization of 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 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 injured harm, and (or) organize an independent examination in relation to this vehicle. The policyholder is obliged to present this vehicle at the request of the insurer in the manner prescribed by the compulsory insurance contract.
3. The insurer is obliged to inspect the damaged property and organize its independent examination (assessment) within a period of no more than five working days from the date of the corresponding request from 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 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.
4. If the insurer did not inspect the damaged property and (or) did not organize its independent examination (assessment) in established by clause 3 of this article, the victim has the right to independently apply 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 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 a 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 Government of the Russian Federation or in the manner established by it.

Article 13. Insurance payment
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 insurance policy.
2. The insurer shall consider the victim’s application for insurance payment and the documents attached to it within 15 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.
Until the full extent of the damage to be compensated is determined, the insurer has the right, at the request of the victim, 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. If upon the occurrence of an insured event insurance payments must be made to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for this insured event exceeds insurance amount for compulsory insurance (Article 7 of this Federal Law), insurance payments are made in proportion to the ratio of the insured amount to the amount of the specified claims of the victims.
4. The insurer is released from the obligation to make insurance payment in cases where provided by law and (or) a 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 (the policyholder, another person whose liability risk is insured under a compulsory insurance agreement) 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).
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 15. Procedure for compulsory insurance
1. Compulsory insurance carried out by vehicle owners by concluding compulsory insurance contracts with insurers.
Compulsory insurance contracts indicate vehicles whose owners' civil liability is insured.
2. Under a compulsory insurance contract, the risk of civil liability of the policyholder himself, the other owner of the vehicle named in the compulsory insurance contract, as well as other owners legally using the vehicle are insured.
3. When concluding a compulsory insurance contract, the insurer hands the policyholder an insurance policy and a special sign state standard.
The document certifying the implementation of compulsory insurance is an insurance policy.
4. 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 completed and 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 period of validity of the specified contract (hereinafter referred to as information about insurance). Insurance information is provided by insurers in writing and free of charge.
5. Information about insurance 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 determining the insurance rate coefficients used in calculating the insurance premium under the compulsory insurance contract.
6. The Government of the Russian Federation establishes the form of a compulsory insurance policy, the form of a special state-issued sign and the procedure for its placement on a vehicle, as well as the form of a document containing information about insurance.

Article 16. Compulsory insurance for limited use of vehicles
1. Citizens have the right to enter into compulsory insurance contracts taking into account the limited use of vehicles they own. Limited use of a vehicle is considered to be driving only by drivers specified by the policyholder and (or) seasonal use of the vehicle (for six or more specified periods). specified agreements 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).
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.

Article 17. Compensation of insurance premiums under a compulsory insurance contract
1. Disabled persons who received vehicles through authorities social protection of the population, compensation is provided in the amount of 50 percent of the insurance premium they paid under the compulsory insurance contract. This compensation is provided subject to the use of the vehicle by the person entitled to it and by no more than one driver.
Compensation for insurance premiums under a compulsory insurance contract is paid in accordance with the procedure established by the Government of the Russian Federation at the expense of funds provided federal budget for social assistance.
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 to compensate for harm to the life or health of victims

Article 18. Right to receive compensation payments
1. Compensation payment to compensate for harm to the life or health of the victim is made in cases where insurance payment under a compulsory insurance contract cannot be made due to:
a) application to the insurer of the bankruptcy procedure provided for by federal law;
b) the unknown person responsible for the harm caused to the victim;
c) the absence of a compulsory insurance contract under which the civil liability of the person who caused the harm is insured, due to his failure to fulfill the insurance obligation established by this Federal Law, if at the same time the victim’s demand for compensation for the harm caused was not satisfied, despite the victim’s fulfillment of the requirements provided for by the legislation of the Russian Federation actions to collect the compensation due to him.
2. The right to receive compensation payments in the cases provided for in paragraph 1 of this article are citizens of the Russian Federation, as well as Foreign citizens and stateless persons permanently residing on the territory of the Russian Federation.
Citizens of a foreign state temporarily staying on the territory of the Russian Federation have the right to receive the specified compensation payments if, in accordance with the legislation of that foreign state, a similar right is granted to citizens of the Russian Federation.
3. A claim regarding the demands of victims for compensation payments may be brought within two years.

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.
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.
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.

Article 20. Collection of compensation payments
1. The amount of compensation payment made to the victim in accordance with subparagraphs “b” and “c” 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.
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 subparagraph “a” of paragraph 1 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has with the insurer is transferred to the professional association of insurers.

Chapter IV. Insurers

Article 21. Insurers
1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider 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.

Article 22. Features of the implementation of compulsory insurance operations by insurers
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 year exceeds 5 percent of the specified income, the excess amount is sent by the insurer to the formation insurance reserve to compensate for the costs of insurance payments in subsequent years.
3. When implementing compulsory insurance, insurers form:
reserve for financial security compensation payments made to victims to fulfill the obligations of insurers when bankruptcy proceedings are applied to them (reserve of guarantees);
reserve for financial support of compensation payments made in accordance with subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law (reserve for current compensation payments).
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.

Article 23. Replacement of insurer
1. The replacement of an insurer under compulsory insurance contracts may be carried out on the basis of an agreement concluded by this insurer with another insurer.
2. Replacement of the insurer is permitted with the consent of the policyholders under compulsory insurance contracts, the obligations under which are transferred to another insurer, and the federal executive body for supervision of insurance activities. In addition, the consent of victims requiring insurance payments under a compulsory insurance contract, the obligations under which are transferred to another insurer, is required.
3. Insureds and victims are requested in writing by the insurer accepting obligations under compulsory insurance contracts for consent to replace the insurer. Insureds and victims have the right to agree to a replacement of the insurer, to refuse it, and policyholders also have the right to refuse to renew the compulsory insurance contract, even if the period provided for in the contract for refusing to renew it has already expired.
Insureds and victims shall notify the insurer transferring obligations under the compulsory insurance contract or accepting them in writing about their decision.
In the request for consent to replace the insurer, policyholders and victims must be explained their rights to refuse to replace the insurer and extend the compulsory insurance contract.
4. The federal executive body for supervision of insurance activities has the right to refuse to replace the insurer in the following cases if:
acceptance by the insurer of obligations transferred to it under compulsory insurance contracts entails a violation of the requirements for guarantees of solvency of insurers established in accordance with the legislation of the Russian Federation;
the insurer accepting obligations under compulsory insurance contracts does not have a license to provide compulsory insurance of civil liability of vehicle owners;
the conditions and procedure for replacing the insurer do not comply with the requirements of the legislation of the Russian Federation.

Chapter V. Professional association of insurers

Article 24. Professional association of insurers
1. A professional association of insurers is a non-profit organization that is 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 implementing compulsory insurance.
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.

Article 25. Functions and powers of a professional association of insurers
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 in Article 20 of this Federal Law;
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:
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;
carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information and 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 the international systems of compulsory insurance of civil liability of vehicle owners, to which the Russian Federation has joined Federation.
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:
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;
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;
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;
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;
m) rules of professional activity related to the activities of the professional association and its members within the framework of international systems of compulsory insurance of civil liability of vehicle owners and corresponding to the requirements imposed within the framework of such systems;
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.
The requirements specified in subparagraphs "a" - "e" of this paragraph are established and amended by the professional association in agreement with the federal executive body for supervision of insurance activities.
The professional association shall notify the federal executive body for supervision of insurance activities in accordance with the procedure established by this body about the adoption and changes in other requirements provided for in this paragraph.
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.

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 subparagraph "a" 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 guarantee reserves (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 paragraph 2 of Article 20 of this Federal Law.
The victims' demands for compensation payments provided for in subparagraphs "b" and "c" 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.
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 subparagraph “a” of paragraph 1 of Article 18 of this Federal Law, within the limits of the guarantee reserves they have formed;
for the obligations of the professional association in terms of making compensation payments provided for in subparagraphs “b” and “c” of paragraph 1 of Article 18 of this Federal Law, within the limits of the reserves of current compensation payments formed by them.

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 subparagraph “a” of paragraph 1 of Article 18 of this Federal Law are separated from funds allocated to finance compensation payments on other grounds.
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.
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.
Directions for investing temporarily free funds of a professional association are determined by the annual plan approved general meeting members of a 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 subparagraph “a” of paragraph 1 of Article 18 of this Federal Law and held in the bank account of a professional association.
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. Financial activities professional association of insurers is subject to mandatory annual audit.
Independent audit organization and the terms of the contract, which the professional association of insurers is obliged to conclude with it, are approved by the general meeting of members of the 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.

Article 29. Contributions and others obligatory payments 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.

Chapter VI. Final provisions

Article 30. Information interaction
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.
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 received confidential information and the procedure for its use, and in case of 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. 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, belong 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 provided in mandatory government bodies, 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 the bodies and organizations responsible for the collection and processing of these information resources, are approved by the Government of the Russian Federation.

Article 31. International systems of compulsory insurance of civil liability of vehicle owners
The Government of the Russian Federation may, in accordance with the procedure established by the legislation of the Russian Federation, make decisions on the participation of the Russian Federation in international systems compulsory insurance of civil liability of vehicle owners. The conditions under which, within the framework of these international systems, liability insurance is provided for owners of vehicles temporarily used on the territory of the Russian Federation should not worsen the situation of victims in the Russian Federation in comparison with the conditions of compulsory insurance carried out in accordance with this Federal Law.

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.
2. When vehicles enter the territory of the Russian Federation, control over the fulfillment by their owners of the obligation established by this Federal Law to insure their civil liability is carried out customs authorities 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.
3. Clauses 1 and 2 of Article 21 of this Federal Law come into force on July 1, 2003.
4. Chapter III and Article 27 of this Federal Law come into force on July 1, 2004.
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 in accordance with this Federal Law.

The president
Russian Federation
V. Putin

In 2014, the Federal Law on compulsory motor insurance received a large number of changes. Thus, the law on compulsory motor liability insurance, the new version of which was adopted in early July 2014, revises many previously existing provisions, for example, regarding direct compensation for losses in case of an accident, clarifying the procedure for processing payments under the Euro Protocol, maximum value payments in connection with damage caused to property.

It also includes many other amendments, most of which came into force from August to October.

Increase in payments under compulsory motor liability insurance

This is no exaggeration major change, which provides increasing the limit of insurance payments to 400,000 rubles for compensation for property damage, as well as up to 500,000 rubles for compensation for harm to health.

Let us recall that the law on MTPL insurance in the old version established 120,000 rubles as maximum amount compensation for damage to the property of the only victim and 160,000 rubles if there are several victims. The damage to the health and life of each victim was estimated at the same 160,000 rubles.

At the moment, Article 7 of the law on compulsory motor liability insurance already provides for a payment of 400,000 rubles, regardless of the number of victims. This amendment has been in effect since October 1, 2014 and, accordingly, all vehicles insured after the above date are subject to its effect. The changes regarding compensation for damage to life and health are also significant. The amount is already 500,000 rubles, but the amendment comes into force only from April 1, 2015.

The rules by which these insurance payments will be calculated will also change. So, if today only those victims (with the exception of deaths) who cannot be provided with assistance within the framework of compulsory health insurance can count on payment, then on April 1, 2015. payments to victims will be fixed depending on the severity of the injury.

Direct compensation for losses only in your company

In that case, if the conditions for direct compensation of losses (DCL) have arisen in the event of an accident, then, from August 2, all motorists can apply for compensation for damage only to their insurer. Let us recall these conditions:

• only two vehicles are involved in the accident;
• the damage was caused only by this vehicle;
• both participants in the accident with valid MTPL policies.

Previously, the victim could contact not only his own insurance company, but also the company of the person responsible for the accident. This has led to problems in some cases. Thus, the insurer often paid only small amounts to its clients, and sent the culprit to the company for compensation for large losses. Today, the federal law on compulsory motor liability insurance prohibits such manipulations.

Changing the wear limit

Motorists should pay attention to this term in Art. 12 of the law on compulsory motor liability insurance, as the maximum amount of wear and tear on a vehicle, which is taken into account when assessing damage in an accident. Previously it was limited to 80%, but from October 1, 2014, the wear limit is 50%. Meanwhile, these percentages are very important, if the road is not shared by cars insured under OSAGO and CASCO.

When making payments under compulsory motor liability insurance the culprit of the accident The full cost of repairing the car is not reimbursed, but only the damage caused. If the car is not new, then it loses significantly in price; OSAGO takes this factor into account, but CASCO does not. Wear, of course, is not taken into account by spare parts suppliers and services.

Accordingly, the culprit will remain liable even when the MTPL limit covers the damage, since the cost of repairs, including the replacement of spare parts, must be fully compensated. In this sense, reducing the wear limit of the vehicle to 50% somewhat reduces the possible financial losses of the driver responsible for the accident.

New law OSAGO is also revising the methods for calculating the amount of wear and tear. Previously, there was a method for calculating depreciation of the body, suspension, battery, etc. Now there are only two formulas for calculating the amount of wear - for tires and for a car.

Another payment limit under the Europrotocol

As part of the first package of amendments to the new version of the law on compulsory motor liability insurance, which came into force on April 2, 2014, drivers who do not want to collect many kilometers of queues due to a trivial accident and who decide to arrange it themselves under the Euro Protocol can count on insurance payments of up to 50 thousand rubles .

Let us remind you that drivers who took out insurance before August 2 can expect to receive only 25,000 rubles under the Europrotocol.

Conditions for registering an accident under the European Protocol:

• participation of only two vehicles insured under OSAGO in an accident;
• damage was caused only to property and there were no other victims;
• The circumstances of the accident and the guilt of one of the participants have been determined and are beyond doubt.

At the same time, simultaneously with the increase in the limit on compulsory motor liability insurance to 400 thousand rubles, that is, from October 1, 2014, in the experimental regions - Moscow, St. Petersburg and the corresponding regions, the maximum payments under the Europrotocol also began to be 400,000 rubles. In the rest Russian regions The amendment will take effect in a few years.

However, residents of experimental regions probably shouldn’t count heavily on such significant payments under the European Protocol. The fact is that the law on compulsory motor liability insurance 2019 for this case establishes additional requirements. Thus, there must be photo and video materials from the scene of the accident, and the latter must be made with devices that meet the requirements of the Russian government and work in conjunction with GPS/GLONASS. In short, if necessary, the insurer will be able to find a reason to refuse payment.

The average payment under compulsory motor liability insurance will increase

We have already mentioned above that insurance payments under compulsory motor liability insurance almost always do not cover full price repairs. But this is due not only to taking into account the degree of wear and tear of the vehicle, but also to the fact that imperfect cost calculation methods were used during the examination refurbishment, which often took into account only the cost of the damaged parts themselves, but not in full took into account the cost of the work and did not take into account the need to use consumables. There were as many as five such methods, and the results of calculations using them could differ significantly.

For example, if it was necessary to paint a body part, only the cost of paint and sometimes putty was taken into account, but it was not taken into account that in order to paint this part it was necessary to remove it, dismantle some other elements, putty it, prime it and only then paint it.

Since October 17, 2014, to calculate the cost of restoration repairs, Law 40 of the Federal Law “On Compulsory Motor Liability Insurance” provides for a unified and fairer methodology, mandatory for insurers, expert technicians, forensic experts, etc.

Video: Amendments to the law on compulsory motor liability insurance in 2014

Results

In short, the new amendments to the new edition of the MTPL law are designed to better protect car owners. At the same time, they increase the financial burden on insurance companies, and even the 30% increase in compulsory motor liability insurance rates that has already taken place will not be the last. Apparently, in the spring of 2019, together with the introduction of amendments on fixed insurance payments for compensation for damage to life and health of victims of road accidents, we can expect the next and rather significant increase in the cost of compulsory motor liability insurance policies.

On July 1, 2003, Federal Law No. 40-FZ of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners” (the law on compulsory motor vehicle liability insurance) came into force.

From the preamble of the law on compulsory motor liability insurance it follows that the main purpose of the adoption of the law was to protect the rights of victims to compensation for harm caused to their life, health or property.

In 2005, a number of provisions of Law No. 40-FZ became the subject of consideration Constitutional Court of the Russian Federation, which found no grounds for concluding that they contradict the Constitution of the Russian Federation. 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, paragraphs 1 and 2 of Article 4 and paragraph 3 of Article 32 of the Federal Law “On Compulsory Motor Liability Insurance”, establishing the obligation of vehicle owners to insure the risk of their civil liability and the inadmissibility of using on the territory of the Russian Federation, vehicles whose owners have not fulfilled this obligation are recognized as not contradicting the Constitution of the Russian Federation.

Below is the text of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” in latest edition with amendments and additions introduced by Federal Law dated June 23, 2016 N 214-FZ, effective from 01.09.2016

Insurance rules

The rules for compulsory civil liability insurance of vehicle owners are approved by Bank of Russia Regulations dated September 19, 2014 N 431-P “On the rules for compulsory civil liability insurance for vehicle owners”

RF Armed Forces

In 2015, a resolution of the Plenum was adopted Supreme Court RF dated January 29, 2015 No. 2 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners”

For a number of the articles of the law on compulsory motor liability insurance given below, there are comments in the form of extracts from the said resolution of the Plenum of the Armed Forces of the Russian Federation, as well as links to articles and comments previously posted on this site.

RUSSIAN FEDERATION

FEDERAL LAW ON COMPULSORY CIVIL LIABILITY INSURANCE 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,
dated July 1, 2011 N 170-FZ (as amended on November 30, 2011),
dated July 11, 2011 N 200-FZ, dated June 14, 2012 N 78-FZ,
dated July 28, 2012 N 130-FZ, dated July 28, 2012 N 131-FZ,
dated 05/07/2013 N 104-FZ, dated 07/23/2013 N 251-FZ,
dated July 21, 2014 N 223-FZ, dated November 4, 2014 N 344-FZ,
dated November 28, 2015 N 349-FZ, dated May 23, 2016 N 146-FZ,
dated June 23, 2016 N 214-FZ,
as amended by Federal Law No. 176-FZ of December 24, 2002,
Resolution of the Constitutional Court of the Russian Federation dated May 31, 2005 N 6-P,
Federal Law of May 16, 2008 N 73-FZ,
dated December 25, 2012 N 267-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), as well as the on the territory of the Russian Federation of civil liability insurance for vehicle owners within the framework of international systems of civil liability insurance for vehicle owners, the participant of which is a professional association of insurers operating in accordance with this Federal Law (hereinafter referred to as international insurance systems).

Chapter I. General provisions

Article 1. Basic concepts
Article 2. Legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners
Article 3. Basic principles of compulsory insurance

Chapter II. Conditions and procedure for compulsory insurance

Article 4. Obligation of vehicle owners for civil liability insurance
Article 5. Rules of compulsory insurance
Article 6. Object of compulsory insurance and insurance risk
Article 7. Sum insured
Article 8. Regulation of insurance rates for compulsory insurance
Article 9. Basic rates and coefficients of insurance tariffs
Article 10. Validity period of the compulsory insurance contract
Article 11. Actions of policyholders and victims upon the occurrence of an insured event
Article 11.1. Preparation of documents regarding a traffic accident without the participation of authorized police officers
Article 12. Determination of the amount of insurance payment and the procedure for its implementation
Article 12.1. Independent technical examination of the vehicle
Article 13. Lost force
Article 14. The right of recourse of the insurer to the person who caused the harm
Article 14.1. Direct indemnity
Article 15. Procedure for compulsory insurance
Article 16. Compulsory insurance for limited use of vehicles
Article 16.1. Peculiarities of consideration of disputes under compulsory insurance contracts
Article 17. Compensation of insurance premiums under a compulsory insurance contract

Chapter III. Compensation payments

Article 18. Right to receive compensation payments
Article 19. Making compensation payments
Article 20. Collection of compensation payments

Chapter IV. Insurers

Article 21. Insurers
Article 22. Features of the implementation of compulsory insurance operations by insurers
Article 23. Lost force

Chapter V. Professional association of insurers

Article 24. Professional association of insurers
Article 25. Functions and powers of a professional association of insurers
Article 26. Rules of professional activity
Article 26.1. Direct Indemnification Agreement
Article 27. Obligation of a professional association to make compensation payments
Article 28. Property of a professional association of insurers
Article 29. Contributions and other obligatory payments of members of a professional association

Chapter VI. Final provisions

Article 30. Information interaction
Article 31. International insurance systems
Article 32. Control over the fulfillment of insurance obligations by vehicle owners
Article 33. On the entry into force of this Federal Law
Article 34. Bringing regulatory legal acts into compliance with this Federal Law

The president
Russian Federation
V. PUTIN

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“- according to this regulatory act, significant adjustments were made to Federal Law No. 40, the Law “On Compulsory Motor Liability Insurance”. The law underwent the largest change in history, although not all the planned changes were made. In particular, the increasing coefficient will not be applied to persistent traffic rule violators in 2017, although this point caused the greatest resonance.

What amendments to the law “On Compulsory Motor Liability Insurance” - 2016 were approved and what can motorists expect from 2017?

Download the full text of the law "On compulsory motor liability insurance" Federal Law No. 40

The government has taken care of the availability of compulsory motor insurance

There are several regions in Russia that are recognized as “toxic” - in these areas, insurers are forced to pay drivers compensation under compulsory motor liability insurance more often and in significantly larger amounts than the Russian average. The toxic regions include Volgograd, Rostov, Ivanovo, Murmansk and Chelyabinsk region, as well as the Krasnodar Territory.

The high accident rate in these constituent entities of the Russian Federation is associated primarily with the unsatisfactory condition of the roads - in the southern regions, for example, the roads are a real disaster.

A consequence of the “toxicity” of the regions is that it is very problematic to buy a compulsory motor liability insurance policy here even for experienced and responsible drivers. But driving without car insurance is prohibited! The motorist finds himself in a difficult situation: he simply does not have the opportunity not to break the law!

The government did not “turn a blind eye” to this paradoxical situation – its resolution should be facilitated by an amendment to Federal Law No. 40, no less resonant than the introduction of a “penalty” coefficient (which failed). From January 1, 2017, each of the insurance companies must begin selling so-called e-policies - that is, selling insurance via the Internet.

This amendment caused violent indignation among auto insurers themselves. They claim that they will need to invest a lot of money in order to integrate stable online services for selling policies, although in fact this is an argument “for fools” - now any student programmer can handle such a job.

Thanks to the new edition of the 2017 OSAGO law, the car owner no longer needs to drive around the city in public transport and look for where they will agree to sell him the policy. It is enough to go to the website of any auto insurer in the city of any “toxicity” and send an application for compulsory motor liability insurance, attaching scans of your documents. The insurer will not be able to “get out” of selling a “higher risk” policy, even if it refers to the temporary inoperability of its portal - according to the law, it is Insurance Company is obliged to ensure that the Internet service is available 24 hours a day.

The inaccessibility of the insurer’s portal is the basis for a motorist’s complaint, and a complaint against a legal entity threatens to result in a six-figure fine.

What other innovations?

Other notable amendments were made to Federal Law No. 40 “On Compulsory Motor Liability Insurance”:

Right of recourse. Insurers received this right as a kind of “compensation” for their obligation to sell electronic policies. A recourse claim may be made to the policyholder if, when purchasing compulsory motor liability insurance via the Internet (or in the usual way - through the office), the motorist provided incorrect information about himself. Regression assumes that the driver who caused the accident will be forced to partially or fully compensate the damage to the victim - even if he is insured.

Mandatory inspection of the car by the insurer. Previously, the policyholder, knowingly confident that the insurer would offer little, was allowed to immediately take the car to an independent specialist for examination. MTPL law latest changes obliges the motorist to submit the vehicle to the insurer for inspection within 5 days, listen to the offer and then decide whether it suits him. The new law Federal Law No. 40 “On Compulsory Motor Liability Insurance” has therefore gained fame as “directed against car lawyers,” because it is lawyers who drive car enthusiasts “out of their minds,” convincing them that finding a compromise with the insurer is a matter obviously doomed to failure.

Fixed inspection period. In addition to the obligation to organize the sale of electronic policies, car insurers now have another obligation - to inspect those caught in Car accidents maximum 5 days after the road collision. Previously, the same period was counted from the moment when the policyholder was ready to provide his vehicle for inspection.

There is another important innovation that was already implemented in 2016. According to the new law “On OSAGO”, from October 2016 they stopped selling the old type of policies (green) - only pink ones with increased protection remained on sale.

Law “On Compulsory Motor Liability Insurance”: key points

Despite the fact that many adjustments have been made to the law “On Compulsory Motor Liability Insurance”, the basic postulates and structure normative act remained unchanged. The preamble of the law states that the purpose of Federal Law No. 40 is to protect the rights of victims of road accidents. Please note that it does not say anything about protecting the rights of insurers.

The law consists of 34 articles divided into 6 chapters:

General provisions. The articles in this chapter talk about what a vehicle is, compensation payment, insurance rate, etc. The principles of car insurance in Russia are also established here - one of the main ones is universality: every driver must be insured.

Conditions and procedure for insurance. In fact, it is in the second chapter that all the most important information for a motorist is provided - for example, how the amount of insurance payment is determined, how to argue with the insurer. A motorist who has little time to study Federal Law No. 40 should start with the second chapter and finish with it.

Compensation payments. An entire chapter of the law is dedicated to telling drivers in what cases they are entitled to compensation and how to achieve these same compensations. The chapter is quite short: it is worth reading, if only because it talks about limits on the amounts of compensation payments.

Insurers. Another short chapter - its content is unlikely to be of interest to ordinary people. Firstly, there is information here that is useful only for the insurers themselves, and secondly, you will have to make a lot of effort to translate the text of the chapter from legal into Russian.

Professional association of insurers. This chapter, as you might guess, describes the purposes of existence, functions and responsibilities of unions and associations of insurers.

Final provisions. The last chapter deals with ways of communication between insurers and government agencies, as well as about international insurance systems.

The new law “On Compulsory Motor Liability Insurance” is aimed at achieving several goals: the first is to increase the availability of auto insurance policies in Russia, the second is to establish contact between insurers and policyholders. The state wants the two parties to find a way to resolve disputes without resorting to courts or third parties. More dissatisfied than others new edition Federal Law No. 40, auto lawyers - after all, they are the third parties who make money from conflicts between insurance companies and motorists.