Insurance is a relationship to protect the property interests of individuals and legal entities upon the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums paid by them (insurance premiums).
The legal basis for insurance is the Civil Code of the Russian Federation, Law of the Russian Federation No. 4015-1 dated November 27, 1992 “On the organization of insurance business in Russian Federation and other regulatory documents.
Insurance- a system (method) for protecting the material (property) interests of insurance market entities (individuals and legal entities), the threat to which always exists, but is not mandatory.
insurance product is the act of insurance. His evidence, certifying that such an action took place, is insurance policy.
Insurance is a system for protecting material interests. The fact that material interests require protection is connected with the likelihood of a threat their existence. For each individual owner, it (the threat) is small, but on the whole, according to the law of large numbers, it is quite real. Hence the objective need to insure material risks, in connection with which the concept arises - an insurance product that must always be present in the financial market. Each insurance product is associated with a specific insurance object(what is insured), determines reasons for insurance (insurance risk), its cost ( sum insured), price ( insurance rate), terms of cash payments ( insurance settlements) in anticipation of those events against which insurance is made. The certificate of an insurance product is a document called insurance policy. The policy confirms the fact of the prisoner insurance contracts(purchase and sale of an insurance product), which is always subject, addressed insurance participants, contains the main quantitative parameters transactions, is legal document.
An insurance contract is a contract for the sale and purchase of an insurance product.
Essence and functions of insurance
Practically any direction of economic activity is risky, since there is always the possibility of incurring financial losses caused by adverse events or their consequences. The reason for this can be associated with both the human factor and natural phenomena that do not depend on the will of a person or society. Throughout his life, a person faces many dangers that threaten his life, health, property.
The possible danger realized by a person finds its expression in the concept of " risk". In, in which they act, risk from an everyday concept becomes an economic category. As an economic category, risk characterized by the concept of probability and uncertainty of the development of the situation. Almost any event in the life of a particular subject, team or society can be realized in three directions:
- the result of the event can become favorable (there is a probability of winning);
- the result of the event will not entail changes (zero result);
- the result of the event is negative (involves losses).
Usually the concept of risk (the riskiness of the situation) is associated with the possible future negative consequences of the event.
Risk is a future probable event with negative economic consequences of unknown magnitude.
The actual adverse outcome of the risk is expressed in terms of damage. Unlike risk, damage is subject to a specific material dimension. The factor of the presence of risk and the need to compensate for possible damage requires the organization of a mechanism to protect against accidents.
The Company uses various measures that allow predicting the likelihood of a risk with a certain reliability, which makes it possible to reduce its negative consequences, i.e. damage. One of ways to manage risk is insurance system.
Term insurance first of all, it is associated in the mind of a person with the word "fear" (fear for the safety of one's property, for one's health, life, etc.). It was the fear of material losses and the need to compensate them that caused the emergence of insurance. Property owners quickly realized that it is very difficult to recover losses incurred alone, as this requires the creation of reserve reserves at their own expense. As a way out of this situation, idea of joint and several liability for damages, incurred by one of the owners, at the expense of the general fund. All members of the fund contribute funds to it, which are spent to compensate for the losses of depositors. Therefore, a person's awareness of the danger and the random nature of adverse events, as well as the joint distribution of damage between the participants of the fund, led to the emergence of one of the first organizational forms of insurance activity.
Further development of public industrial relations led to the need to ensure continuity and continuity. The contradictions between man and nature, as well as within society itself, create the prerequisites for the onset of random events that have negative consequences. Thus, the risky nature of social production necessitates the organization of relations between people to prevent, localize devastating consequences natural Disasters and catastrophes of a different nature, and in addition to compensate for the damage incurred as a result of these circumstances.
As a modern definition of the term insurance the following can be distinguished:
Insurance is a relationship to protect the property interests of individuals or in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them.
The economic essence of insurance consists of the following functions:
- risk function. The essence of insurance is the mechanism of risk transfer, more precisely, the financial consequences of risks. For these purposes, the insurance organization forms a specialized insurance fund at the expense of paid insurance premiums (risk fees). From the funds of the fund, compensation for material losses of the participants of the fund is made. In exchange for the insurance premiums paid, the insurance company assumes responsibility for the risks it takes.
- Warning function provides measures to prevent an insured event and minimize the damage caused by insured events. To do this, the insurer forms a fund of preventive (preventive) measures, the funds of which are spent on predetermined goals aimed at reducing insurance risks and their negative consequences. An insured risk is a prospective event against which insurance is provided. An event considered as an insured risk must have signs of probability and randomness of its occurrence. An insured event is an event that has occurred, provided for by the insurance contract or law, upon the occurrence of which the insurer is obliged to make an insurance payment to the insured, the insured person, the beneficiary or other third parties.
- control function is carried out in a strictly targeted formation and use of funds.
- savings function implemented when carrying out certain types of life insurance - accumulative insurance. The insurance organization simultaneously provides the client with insurance protection and performs the function of a savings institution.
Insurance activity - concept and types
Insurance activity(insurance business) - the field of activity of insurers for insurance, reinsurance, mutual insurance, as well as insurance brokers, insurance actuaries for the provision of services related to insurance, with reinsurance.
The purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of insured events.
The tasks of the organization of the insurance business are:
- holding a unified public policy in the field of insurance;
- establishment of insurance principles and formation of insurance mechanisms that ensure the economic security of citizens and business entities on the territory of the Russian Federation.
Objects of insurance
1. Objects personal insurance there may be property interests related to:
- survival of citizens to a certain age or period, with death, with the onset of other events in the life of citizens (life insurance);
- causing harm to the life, health of citizens, providing them with medical services (insurance against accidents and diseases, medical insurance);
2. Objects property insurance there may be property interests related, in particular, to:
- possession, use and disposal of property (property insurance);
- the obligation to compensate for the harm caused to other persons (civil liability insurance);
- business activities (insurance of business risks);
3. Insurance of illegal interests, as well as interests that are not illegal, but the insurance of which is prohibited by law, is not allowed;
4. Unless otherwise provided by federal law, it is allowed to insure objects related to different types and (or) (combined insurance);
5. On the territory of the Russian Federation, insurance (with the exception of reinsurance) of the interests of legal entities, as well as individuals - residents of the Russian Federation, can be carried out only by insurers who have licenses obtained in the manner prescribed by this law.
Compulsory and voluntary insurance
Insurance is carried out in voluntary and mandatory forms.
Voluntary insurance— on the basis of an agreement between the insured and the insurer. The rules of voluntary insurance, which determine the general conditions and procedure for its implementation, are established by the insurer independently in accordance with the provisions of the Law of the Russian Federation "On Insurance". Specific conditions of insurance are determined at the conclusion of the insurance contract.
Compulsory is insurance provided by law. Types, conditions and procedures for compulsory insurance are regulated by other laws of the Russian Federation.
Compulsory insurance, in turn, is divided into insurance at the expense of policyholders:
- building insurance;
- farm animals;
- personal insurance of passengers of air, rail, sea, inland waterway and road transport;
- compulsory personal and property state insurance.
Voluntary types of insurance are mainly determined by the nature of market relations.
- Collective insurance life under special conditions, when contracts are concluded with enterprises and organizations for the life insurance of their employees.
- Citizens' insurance It is the protection of health and the profitable accumulation of money. Contracts for this type of insurance can be concluded by citizens aged 16 to 77 years (except for disabled people of the 1st group) for a period of 3 years, 5, 10, 15 and 20 years, but not older than 80 years of age at the time of the end of the contract. The contract may be concluded in favor of a third party (parents in favor of children, spouses, etc., enterprises in favor of their employees).
- Children's insurance to adulthood is carried out under insurance contracts for children, regardless of age and state of health. These agreements may be concluded by parents (adoptive parents), guardians or custodians and other relatives of the child. The age of the child must not exceed 15 years and the term of insurance is defined as the difference between 18 years and the age of the child. Premiums can be paid in a lump sum or monthly.
- Home contents insurance is becoming increasingly important in today's environment.
- Vehicle insurance owned by citizens. In Russia, sufficient experience has already been accumulated in this insurance. The vehicle insurance contract extends its effect to insured events (risks) that occurred on the territory of Russia.
To regulate the insurance market and control the activities of its players, the Russian Federation has developed and approved an official classification of types of insurance. Insurance companies can independently choose the directions of insurance and the range of services provided to the population. In addition, there is a system of mandatory requirements that companies must comply with in their work. studied this issue.
More about the classifier of types of insurance in Russia
This is a system of directions and types of insurance, which has a tree expression. That is, several additional directions can come from one main type of insurance. Periodically, new items are added to the classifier. The last update was in 2012, when HIF insurance (dangerous production facilities) was entered into the system.
The main regulator, the Central Bank of the Russian Federation, is responsible for statistical collections and control over the insurance market. Insurance companies do not have the right to provide insurance services in areas not directly indicated in the classifier. It also provides for some types that must be provided by insurance companies.
What types of insurance exist
The insurance system in Russia should be divided into two main areas - mandatory and voluntary. The first direction includes the types of insurance that are provided for by federal legislation, and are required for every citizen of the Russian Federation, regardless of his desire.
The second direction includes services that citizens and organizations use as needed, and only as they wish. Neither state bodies nor the insurance companies themselves have the right to force the use of such services. Everything here is strictly voluntary.
Compulsory insurance in the Russian Federation
In this case, we are talking about the relationship between the insured and the insurer, which arise by virtue of the current law. The state, introducing a similar obligation in relation to citizens, controls the rules for the provision of services, tariffs, sums insured. It is also customary to single out social insurance, which has always been considered separately. Here, the insurer is the state itself, represented by such bodies as the FSS and the PFR.
Only the law determines the circle of possible beneficiaries, policyholders, insurance objects. Insurers have practically no freedom of choice in this regard, since they are also obliged to provide such services by virtue of law. In total, the legislation distinguishes 7 types of compulsory insurance, for which insurance companies report to the main regulator.
Passenger personal insurance
This type is understood as mandatory registration insurance policy for basic medical services when a citizen leaves the Russian Federation. Tour operators are required to draw up contracts with individuals only after their consent to Additional services insurance. This provides for the following system of rules:
- The client has the right to independently choose the insurer company.
- The tour operator has the right to offer the client several options for obtaining insurance.
- The insurance policy is attached to the contract for the provision of tourist services.
The country to which a citizen of the Russian Federation plans to travel may establish additional rules and requirements regarding compulsory insurance. The tour operator notifies the client about this in advance.
Insurance of employees of the Federal Tax Service
A separate mandatory type is the issuance of a policy for each employee of the system of bodies of the Federal Tax Service when applying for a job. The Federal Tax Service controls that when concluding an employment agreement with an employee, insurance is also issued for him, covering whole line cases.
A mandatory requirement here is the occurrence of an event (case) only when the inspector is performing his official duties. The Federal Tax Service concludes agreements with insurance companies on the basis of a state tender (state auction).
Insurance of military personnel (other equivalent professions)
If the activity of a civil servant is associated with professional risks, federal law obliges the management of the department or ministry to provide insurance to each staff unit. This requirement is subject to:
- Military personnel.
- Employees of the Ministry of Internal Affairs, including migration control and private security.
- Emergency workers.
- Employees in the FSIN system.
- Customs officials.
- Employees of the bodies of the Prosecutor's Office and the Investigative Committee of the Russian Federation.
- FSB officers.
- Employees of the FSSP.
- FSO apparatus.
The list includes all law enforcement and power structures of the Russian Federation. The object of insurance here is the life and health of the insured, who, due to his official duties, is faced with potential and real danger. Policies are issued to employees of these departments free of charge.
Auto civil liability (OSAGO)
The most “popular” type of insurance in the Russian Federation, officially introduced in 2002. In accordance with the provisions of the federal law of the same name, on the territory of Russia, the liability of each car owner must be insured without fail.
Tariffs and rules for the provision of services by insurance companies are regulated by federal law. Prices for policies depend on a number of factors, the main of which is the accident-free driving experience of the potential insured. For the absence of a policy, administrative liability is provided.
Carrier liability (aircraft)
Another type of compulsory insurance, the object of which is the risks of passengers - customers of airlines. This type is also dictated by federal law. The following are recognized as potential risks:
- Any negative consequences associated with the safety of passenger baggage or cargo - loss, damage, theft.
- Causing harm to the health of passengers or the occurrence of death.
- Causing personal injury or death as a result of physical contact with the hull of an aircraft or objects falling from the aircraft.
This is one of the most expensive types of insurance in terms of insurance payments. In other cases, the total compensation here may exceed tens of millions of rubles (or amounts in foreign currency).
HIF insurance
One of the “youngest” types of compulsory insurance. At the legislative level, it was decided to oblige the owners of especially dangerous objects to insure their liability, due to the extremely advanced level all kinds of risks. Basically, the list of HPF includes production facilities. There are several levels of real and potential danger of the object:
- 1st class - extremely high.
- Grade 2 - high.
- Grade 3 - average.
- Grade 4 - low.
The hazard class is assigned to an object upon its state registration and entry into the Register. The owners and management of these objects are directly involved in insurance. For non-compliance with the requirements for compulsory insurance, liability is provided, the severity of which depends on the hazard class of the facility.
Medical insurance (CHI)
One of the main types of compulsory insurance, which is provided for by a separate federal law (N 326-FZ). Like other types, compulsory medical insurance is guaranteed by the state to every citizen of the Russian Federation and a person permanently residing within the territory of the country.
OMS is free. The main purpose of this federal law is to provide citizens with free medical services when necessary. Insurance is based on a mandatory insurance policy, which every citizen of the Russian Federation must have. The policy is issued free of charge by accredited insurance companies, which are often based directly in medical institutions.
CHI consists of a basic program, which includes diseases, injuries, injuries that fall under free medical care. Under current legislation, most of the common human diseases are included in this list, with the exception of those that are sexually transmitted. Also, compulsory medical insurance does not apply to the treatment of HIV, AIDS, tuberculosis and some other infectious diseases.
Types of voluntary insurance
Unlike compulsory insurance, there are many more areas of activity. It is this segment that brings insurers the bulk of the profits, since it does not imply a strict legislative framework. Here, companies have complete freedom of action.
At the same time, the legislative base is still in place. In the Russian Federation, there is the Federal Law “On Insurance Business”, which contains fundamental norms and requirements that companies must comply with in the process of providing insurance services. Next, the main types of voluntary insurance, which are most often encountered in practice, will be described.
Voluntary medical insurance (VHI)
This is an additional type of insurance in the MHI, which citizens use at their own request. It includes a number of paid medical services, which are provided by medical institutions on a paid basis. As a rule, this includes services that are not included in the MHI, or require better service.
Most often, VHI is used in labor relations, when the employer provides such an additional preference to his employee. VHI often includes treatment in paid (private) healthcare facilities, as well as rest in sanatoriums and rest homes.
DSAGO and CASCO
Two voluntary types of auto insurance that citizens use at their own discretion. The most common form is CASCO, which is a paid provision of services by insurance companies, covering all losses caused to the vehicle.
Key point: OSAGO covers only part of the losses, which is determined by expert appraisers. In most cases, the insurers simply do not have enough funds to restore the vehicle. But this type of insurance is mandatory, and the cost of the policy is set by federal law.
As for CASCO, such a policy is many times more expensive, but in certain cases it covers all losses caused to the vehicle. It also applies to those insured events that are not covered by compulsory insurance.
Banking insurance
By definition, this type of insurance covers the liability of the borrower for its obligations to the creditor. The bank enters into a loan agreement with the client, which prescribes his obligation to insure his liability. The service is used in the following areas:
- Mortgage.
- Auto insurance.
- Customer credit.
- Loans.
- Collateral lending.
- Business segment.
- Bank cards.
If an insured event occurs and the client can no longer fulfill his credit obligations, then all losses to the bank are covered by the insurance company. This type of insurance has become widespread in the banking sector, especially when it comes to large loan amounts. Thus, banks receive good additional guarantees.
Here we should also mention the insurance of deposits and deposits, which is still voluntary, but soon all credit institutions will become participants in this system. Now most banks are already connected to this option.
Life, health, accidents
No less popular type is voluntary life and health insurance. Anyone can come to the office of an insurance company, pay an insurance premium and insure their own life. In the event of the death of the policyholder, the beneficiaries will be those persons whom he indicates in the contract with the company.
If an accident occurs and the insured is seriously injured, the insurer pays for the treatment in full. The second option is compensation in monetary terms, which the insured receives in his hands.
Other types of voluntary insurance
In principle, today you can insure anything. Companies have practically no restrictions in this regard. If the activities of the insurer company do not raise questions from the main regulator, then the companies can freely provide services to the population. Other types of voluntary insurance include the following:
- Railway transport.
- Water transport.
- Risks of natural phenomena.
- Liability to third parties.
- Investments and financial risks.
- Legal costs.
- Guarantees issued and accepted.
- medical expenses.
This is an incomplete list of all services provided by insurance companies. An individual insurer may offer the client an individual set of options for an additional fee. Full list, as a rule, is posted by companies on their official websites.
Insurance (in the proper sense), depending on the object of insurance, is divided into two main branches - property and personal. The legislation distinguishes the following main types of insurance: property insurance, personal insurance, legal liability insurance and, finally, entrepreneurial risk. In addition, special types of insurance are highlighted: pension, medical, marine, deposits and foreign investments against non-commercial risks.
Objects of property insurance there may be property interests related, in particular, to:
- possession, use and disposal of property (property insurance);
- the obligation to compensate for the harm caused to other persons (civil liability insurance);
- carrying out entrepreneurial activities, i.e. insurance of business risks (Articles 929, 931, 932 of the Civil Code of the Russian Federation, clause 2 of Article 4 of the Law “On the Organization of Insurance Business in the Russian Federation”).
The object of personal insurance the personal benefits of a citizen associated with his life, health, and ability to work (clause 1, article 4 of the said Law) stand out. Insurance of some interests is prohibited by the state (for example, illegal, losses from participation in games, lotteries and betting, as well as expenses that a person may be forced to pay in order to free hostages).
The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" (Article 3), as well as the Civil Code of the Russian Federation (Article 927), provides for two forms of insurance: voluntary and mandatory. The first is carried out on the basis of an agreement between the insured and the insurer and the insurance rules that determine the general conditions and procedure for its implementation. The insurance rules are accepted and approved by the insurer independently in accordance with the law. Specific conditions of insurance are established at the conclusion of a separate insurance contract in accordance with the Civil Code of the Russian Federation. Issues related to the procedure for the formation and use of the reserve of preventive measures for voluntary types of insurance are regulated by the norms of financial law (see the Approximate Regulation on the reserve of preventive measures for voluntary types of insurance, approved by Rosstrakhnadzor on January 18, 1995).
Compulsory is insurance provided by law. For each specific type of compulsory insurance, a federal law must be adopted containing the elements established by law, including: subjects; objects subject to insurance; the minimum amount of the sum insured or the procedure for its determination, etc.
Compulsory insurance can take the form of:
- mandatory state insurance, carried out at the expense of the budget,
- compulsory insurance, carried out at the expense of the insurers themselves.
Among characteristic features legal relations arising from compulsory insurance, allowing them to be attributed to the circle of financial legal relations, can be called the following:
- firstly, the establishment by the state of the types, procedure and conditions of compulsory insurance carried out at the expense of the insurers themselves, the existence of state supervision in this area or the direct participation of the state (the body authorized by it) as a mandatory subject of relations;
- secondly, the use of the imperative method in regulating the emergence, change and termination of these legal relations.
Compulsory insurance is divided into compulsory state, compulsory (non-state) insurance. In the first case, insurance premiums are paid at the expense of the relevant budget (or off-budget funds), in the second - at the expense of the insured or other persons.
Compulsory (non-state) insurance, in turn, can be property and personal, as well as paid and free.
To the main types compulsory and compulsory state insurance includes the following.
- Civil liability insurance of vehicle owners introduced in the territory of the Russian Federation on January 1, 2004 by the Federal Law of April 25, 2002 “On Compulsory Insurance of Civil Liability of Vehicle Owners”1. It is carried out at the expense of the owners of vehicles. The sum insured is 400 thousand rubles, including 240 thousand rubles. - for compensation for harm caused to the life or health of several victims and not more than 160 thousand rubles. - per victim. In terms of compensation for damage caused to property - 160 thousand rubles, respectively. and no more than 120 thousand rubles. (in case of damage to the property of one victim). The state regulates insurance tariffs for this type of insurance.
- A type of compulsory property insurance is fire insurance of property owned, used or disposed of by enterprises (including foreign legal entities) engaged in business activities in Russia, at the expense of the funds of these enterprises (Article 28 of the Federal Law of December 21, 1994 No. "About fire safety").
- The main type of compulsory personal insurance is compulsory personal insurance of passengers carried out on the basis of the Decree of the President of the Russian Federation of July 7, 1992 "On Compulsory Personal Insurance of Passengers" (as amended on July 22, 1998)2. Due to the contributions of the insured, accident insurance is provided for passengers of air, rail, sea, inland water and road transport, as well as tourists and sightseers making long-distance excursions through tourist and excursion organizations for the duration of the trip or flight. The amount of the insurance payment is included in the cost of the ticket (voucher). The sum insured is set at 120 times the minimum wage as of the date of purchase of the travel documents. In some cases, free compulsory insurance is provided. For example, compulsory insurance at the expense of the relevant enterprise (association) in the event of death, injury or other damage to health in connection with the implementation of detective and security activities is subject to citizens engaged in private detective and security activities, working for hire (Article 19 of the Law of the Russian Federation of March 11, 1992 "On private detective and security activities in the Russian Federation").
Mandatory conclusion of insurance contracts is provided for by law in a number of cases. These include:
- insurance of certain types of activities, provided for the purpose of guaranteeing compensation by policyholders for possible damage in case of causing it to third parties in the course of the policyholder's activities: for example, notaries engaged in private practice, a customs broker, a customs carrier (Article 18 of the Fundamentals of the Legislation of the Russian Federation on Notaries; Art. 95 , 140 of the Labor Code of the Russian Federation);
- mandatory conclusion of insurance contracts in favor of other persons "for example, a donor is subject to compulsory insurance at the expense of the blood service in case of infection with infectious diseases while performing his donor function (Article 8 of the Law of the Russian Federation of June 9, 1993 "On the donation of blood and its components" );
- compulsory insurance of certain cultural property and other property: for example, during the temporary export of cultural property by state museums, etc. (Article 30 of the Law of the Russian Federation of April 15, 1993 "On the export and import of cultural property").
The legislation provides for mandatory both personal and property state insurance. The list of cases of compulsory personal insurance is wider than that of compulsory property insurance. Compulsory state insurance, in addition to the general classification into personal and property insurance, can be divided into:
- established for persons in the civil service (see Article 15 of the Federal Law of July 31, 1995 "On the Fundamentals of the Public Service"3 (valid until the entry into force on February 1, 2005 of the Federal Law of July 27, 2004 "On the State Civil Service of the Russian Federation”4) and the Federal Law of March 28, 1998 “On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, the State Fire Service, control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system and employees federal bodies tax police");
- established for persons affected by radiation accidents at civil and military facilities, from environmental and other emergency disasters (see Article 28 of the Law of the Russian Federation of May 15, 1991 "On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant") ;
- established for persons engaged in medical and other scientific research in the field of virology, providing medical, psychiatric and other types of assistance, as well as persons engaged in various rescue operations (Article 22 of the Law of the Russian Federation of July 2 "1992" On Psychiatric Care and guarantees of the rights of citizens in its provision).
All these types of compulsory insurance (including state insurance) are carried out regardless of the agreement of the parties (the insurer and the insured) on conditions established by the state. The significance of compulsory insurance lies in the fact that it makes it possible to provide significant material assistance with relatively small insurance premiums, which becomes possible only with the widest possible range of persons involved in legal relations for compulsory insurance and, in addition, guarantees the use of part of the insurance premiums for creation of reserves to finance measures to prevent accidents.
Compulsory insurance-- a form of insurance relations based on the relevant legislative acts establishing the list of objects, parties and conditions of insurance. The essence of this form lies in the coercion, universality and social necessity of insurance protection of the interests of legal entities and individuals.
A feature of such insurance is coercion established by law and the conclusion of a contract. In addition, the objects subject to compulsory insurance, the conditions and procedure for insurance are determined by law. insurance compulsory voluntary financial
A feature of compulsory insurance is also the absence of a specific period of validity of insurance protection. Objects are insured for the entire period of their existence, service and operation. At the same time, non-payment by the insurers of the next insurance premiums does not terminate the insurance.
Compulsory insurance is characterized various sources financing: budget funds (insurance of certain categories of citizens); insurance premiums (transport passenger insurance); means of special state funds - off-budget financing funds (social insurance, pension insurance, etc.).
Classification of types of compulsory insurance in the Russian Federation:
- Compulsory health insurance (CHI)
- Compulsory social insurance
- Compulsory state insurance of military personnel and civil servants
- Mandatory personal insurance for passengers
- Compulsory liability insurance for damage caused during the operation of a hazardous production facility
- · Compulsory civil liability insurance of vehicle owners.
The following types are not formally mandatory, but the conclusion of relevant contracts is a necessary condition for the professional activities of policyholders:
- Liability insurance for construction and installation works
- · Liability insurance in the stock market.
In addition to these types, realtors and notaries in the Russian Federation must have a certificate from the insurance company on liability insurance in order to obtain a license to carry out professional activities.
The implementation of compulsory insurance, its conditions and procedures are determined by federal laws on specific types of compulsory insurance. The procedure for the implementation of compulsory insurance is also regulated by Art. 936 of the Civil Code of the Russian Federation. Compulsory insurance in most cases is carried out at the expense of the insured, except for compulsory insurance of passengers, which, in cases provided for by law, may be carried out at their expense.
Tasks
Task 1. Name the basic rules for the placement of insurance reserves (funds) and analyze the powers of state authorities to regulate the activities of non-state insurance organizations
The use of the insurance fund is based on the principle of a closed loss allocation. Based on this principle, the redistribution of funds is carried out both in space and in time. Due to the mismatch between the time of receipt of funds in the insurance fund and the time of payment from it, the insurer forms insurance reserves, which the insurer can use on the principles of diversification, repayment, profitability and liquidity. Possible ways of using insurance reserves:
- government securities;
- · securities of subjects of the Russian Federation and local authorities;
- deposit bank deposits;
- corporate securities (shares, bonds, certificates, etc.);
- Ownership rights to a share in the authorized capital;
- real estate (land, apartments, houses and other types);
- currency values;
- cash in hand.
It is prohibited to use insurance reserves for:
- · provision of loans (credits) to individuals and legal entities, except for certain cases provided by law. (only issuance of loans to policyholders who have entered into personal insurance contracts is allowed, within the sums insured under these contracts);
- conclusion of purchase and sale agreements, except for the cases provided for by the rules;
- Acquisition of shares and shares of commodity and stock exchanges;
- investment in intellectual property;
- · investments not provided for by the special Rules for the placement of insurance reserves.
State influence on insurance activities is carried out through reporting on the activities of insurance organizations, verification of their activities and regulatory regulation of insurance activities.
Since March 2011, the regulation of insurance relations has been entrusted to the Federal Service for Financial Markets.
The Federal Financial Markets Service (FFMS) is a federal agency executive power performing the functions of legal regulation, control and supervision in the field of financial markets (with the exception of banking and auditing activities), including control and supervision in the field of insurance activities, credit cooperation and microfinance activities, the activities of commodity exchanges, exchange intermediaries and stock brokers, ensuring state control over compliance with the requirements of the legislation of the Russian Federation on countering the misuse of insider information and market manipulation.
The whole system state regulation The Russian insurance market consists of various ways of interacting with it, carried out not only by the FFMS.
The main problem of state insurance supervision is the amount of reserves that guarantee the solvency of the insurer. The insurer's lack of funds to pay for the assumed obligations undermines confidence not only in a particular insurer, but also in the idea of insurance in general. And the state cannot be aloof from the insurance activity, since the distrust of the insurance idea in the public mind is embodied in the population's claims to state institutions.
Task 2. Expand the system of state authorities that regulate insurance activities in the Russian Federation
The structure of the bodies of state regulation of the activities of organizations on insurance market includes:
- - The Government of the Russian Federation, which manages the Federal Service for Financial Markets;
- - Ministry of Finance of the Russian Federation;
The Ministry of the Russian Federation for Antimonopoly Policy - establishes antimonopoly rules and exercises control over their implementation;
- - The Central Bank of the Russian Federation - regulates the specifics of the activities of insurance organizations in the banking services market;
- - Federal Market Commission valuable papers- regulates the specifics of the activities of insurance companies in the securities market;
- - Ministry of the Russian Federation for taxes and fees, etc.
Task 3. Give a legal description of compulsory and voluntary insurance. Give examples
According to Art. 3 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation"):
- 1) voluntary insurance is carried out on the basis of the free will of the insured and the insurer;
- 2) compulsory insurance is carried out by virtue of special laws. The implementation of compulsory insurance is also regulated by the Civil Code of the Russian Federation (Article 936). The person who is entrusted with the insurance obligation must comply with the requirements of the law. Liability for non-fulfillment of the insurance obligation is stated in Art. 937 of the Civil Code of the Russian Federation. If the person entrusted with the implementation of compulsory insurance has not fulfilled this obligation, upon the occurrence of an insured event, he shall be liable to the beneficiary on the same conditions under which the insurance indemnity should have been paid with proper insurance. The same types of insurance (personal, property, liability insurance) can be objects of both voluntary and compulsory insurance.
Voluntary and compulsory insurance has its own characteristics. A feature of voluntary insurance is the good will of individuals or legal entities (insurers) who have a desire to insure their lives, property or civil liability and conclude insurance contracts, integral part which are the rules of insurance.
The insurance rules determine the general conditions and procedure for the implementation of insurance, they are accepted and approved by the insurer or the association of insurers independently in accordance with: insurance
- 1) with the Law of the Russian Federation "On the organization of insurance business in the Russian Federation";
- 2) from Ch. 48 of the Civil Code of the Russian Federation, which regulates the relationship between the insurer and the insured that arose as a result of the execution of an insurance contract.
A feature of compulsory insurance is the imputation of an obligation for individuals or legal entities (insurants) by federal laws, which consists in the obligation to conclude an insurance contract.
The peculiarity of such insurance is also that only federal laws have the right to impute the obligation of insurance. The conditions and procedure for the implementation of compulsory insurance are determined by federal laws on specific types of compulsory insurance. However, compulsory insurance relations are also covered by the Law of the Russian Federation “On the organization of insurance business in the Russian Federation” in terms of establishing the legal framework for regulating insurance relations.
Created in Russia health insurance system, containing a system of measures intended for the social protection of the interests of the population in the protection of health. Health insurance is provided in two types - compulsory (CMI) and voluntary (VHI)- in accordance with health insurance programs.
Compulsory health insurance is currently subject to all citizens of Russia (working and non-working) from birth. A citizen, having a compulsory insurance policy, receives free medical services when applying for medical care at a medical institution. However, he has the right to receive free of charge only a list of medical services specified by law. For young children who have a nominal compulsory medical insurance policy, this document is submitted by parents when applying to a medical institution. Medical services are free for citizens because they are paid from the compulsory health insurance funds.
VHI - Produced at the request of a citizen or his employer; allows you to receive additional medical services in excess of those guaranteed. Unlike compulsory medical insurance, paid by taxpayers, services under a VHI contract, a citizen pays for himself.
In contrast to classical types of insurance, voluntary medical insurance pays out the insurance payment not in cash, but in kind: in the form of a package of medical and other services paid by the insurer. Thus, VHI is a special type of insurance, since the beneficiary (the insured) is a consumer of insurance and at the same time medical services.
Legal cooperation between an insurance organization and medical institution when providing medical care to citizens, it makes the insurer responsible for the quality of the organization of this process and, to some extent, for the quality of its results.
A task
Citizen Titova insured her car against accidents and theft at Insurance Company LLC. Having gone on a long business trip, she handed over the car to her son by proxy. The son did not use the car in the garage for about one month, and when he decided to use it, it turned out that the car was stolen. The insurance company refused to compensate property damage to Titova's son. The general director of OOO Strakhovatel said that the contract was concluded by Titova, who will be paid the sum insured.
Are the actions of the insurance company legal?
The insurance company in its refusal, most likely, was guided by the fact that in the insurance contract between LLC "Insurant" and a citizen, Titov's son was not indicated as a beneficiary. Thus, guided by paragraph 1 of Art. 929 of the Civil Code of the Russian Federation, Insurance Company LLC is indeed obliged to pay insurance compensation to the citizen Titova, who is the insured under the contract.
However, in essence, the insured is a creditor under an insurance obligation, and the insurer is a debtor. Thus, the insured, being a creditor in an insurance obligation, may assign his right to demand payment to another person in the manner of a simple assignment (clause 1, article 382 of the Civil Code of the Russian Federation).
Based on the foregoing, we can conclude that the actions of the insurance company Insurance Company LLC can be recognized as unlawful if citizen Titova cedes the right to claim to her son.
Such insurance is called compulsory when the state establishes the obligation to make insurance payments by the relevant circle of insurers. The compulsory form of insurance applies to priority objects of insurance protection, that is, when the need to compensate for material damage or provide other financial assistance affects the interests of not only a particular injured person, but also public interests.
The Civil Code of the Russian Federation (Article 927) provides for compulsory state insurance, which is carried out by insurance organizations at the expense of state budget, and compulsory insurance, which should be carried out at the expense of other sources.
Types of compulsory insurance
1. Compulsory health insurance
Compulsory medical insurance is a system of state guarantees in the field of providing medical care to citizens, provided at the expense of insurance premiums of legal entities, citizens and payments from budgets in the manner and in the amount established by the legislation of the Russian Federation.
When applying for medical assistance under the compulsory medical insurance program, a citizen has the status of a beneficiary under a compulsory medical insurance contract concluded between an insurance organization (insurer) and the citizen's employer (insured).
2. Compulsory social insurance
Compulsory social insurance is carried out in order to protect working citizens from possible changes in their financial or social status, including due to circumstances beyond their control. In addition, this type of insurance may apply to other categories of citizens due to their recognition as unemployed, industrial injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium treatment and occurrence of other social insurance risks. Currently compulsory social insurance special state non-budgetary Social Insurance Fund.
3. Compulsory state insurance of military personnel and civil servants
The objects of this type of insurance are the life and health of military personnel and persons equated to them in compulsory state insurance (citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, employees of institutions and bodies of the penitentiary system and employees of federal tax police bodies and others government agencies). The insurers, who are selected on a competitive basis by each of the federal ministries and authorities, may be insurance companies who have licenses to carry out compulsory state insurance and have concluded compulsory state insurance contracts with insurers. 11 Civil Code of the Russian Federation. Part II of the Federal Law of January 23, 1996, as amended. Federal Law of July 18, 2005 Ch. 48, art. 935 // Collection of legislation of the Russian Federation. - 1996. - No. 5. - Art. 108-109.
4. Compulsory personal insurance for passengers
Compulsory personal insurance of passengers against accidents applies to passengers of air, rail, sea, inland water and road transport, as well as tourists and sightseers making international excursions through tourist and excursion organizations, for the duration of the trip or flight. It is carried out by concluding agreements between the relevant transport and transport-forwarding enterprises and insurers.
5. Compulsory liability insurance for causing harm during the operation of a hazardous production facility
An organization operating a hazardous production facility is obliged to insure liability for damage to life, health or property of other persons and the environment in the event of an accident at a hazardous production facility.
6. Compulsory civil liability insurance of vehicle owners
The purpose of compulsory insurance of civil liability of vehicle owners is to provide guarantees for compensation for damage caused to the life and health of citizens as a result of a road traffic accident, as well as their property. All motor vehicle owners starting from 01.07.2003 will have to insure their liability to third parties. 11 Donin V.M. Compulsory health insurance in the Russian Federation from different points of view // V.M. Donin, O.S. Markov. Health manager. -2007. - No. 7. P.13-15.
Types of optional insurance
The following types are not formally mandatory, but the conclusion of relevant contracts is a necessary condition for the professional activities of policyholders:
- liability insurance during construction and installation works
The availability of a certificate from the insurance company on liability insurance is a prerequisite for issuing a license for construction and installation works;
- stock market liability insurance
Availability of a liability insurance agreement concluded by depositories that combine depository activities in the securities market in favor of third parties is a mandatory condition for licensing depositories. Registrars can also take out liability insurance, but their incentives to do so are purely economic.
In addition to these types, realtors and notaries in the Russian Federation, in order to obtain a license to carry out professional activities, must have a certificate from the insurance company on liability insurance.
