Federal Law 40 fz dated April 25. Law of the Russian Federation on OSAGO - conditions and procedure. Recent changes in the OSAGO law

16.03.2022

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 bases for compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance).

Chapter I. General Provisions

Article 1. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
vehicle - a device designed to transport people, goods or equipment installed on it by road;
use of a vehicle - the operation of a vehicle associated with its movement within roads (traffic), as well as on the territories adjacent to them and intended for the movement of vehicles (in yards, in residential areas, in parking lots, gas stations and other 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;
vehicle owner - the owner of the vehicle, as well as a person who owns the vehicle on 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 the vehicle, order of the relevant authority to transfer the vehicle to this person and that similar). A person who drives a vehicle by virtue of the performance of his official or labor duties, including on the basis of an employment or civil law contract with the owner or other owner of the vehicle, is not the owner of the vehicle;
driver - a person who drives a vehicle. When teaching how to drive a vehicle, the driver is considered to be a trainee;
victim - a person whose life, health or property was harmed when using the vehicle by another person;
place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;
contract of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the contract of compulsory insurance) - an insurance contract under which the insurer undertakes, for the fee (insurance premium) stipulated by the contract, upon the occurrence of an event (insurance event) provided for in the contract, to compensate the victims for the harm caused to their lives as a result of this event , health or property (to make an insurance payment) within the amount specified by the contract (sum insured). The compulsory insurance contract is concluded in the manner and on the terms provided for by this Federal Law, and is public;
policyholder - a person who has concluded a contract of compulsory insurance with the insurer;
insurer - an insurance organization that has the right to carry out compulsory insurance of civil liability of vehicle owners in accordance with a permit (license) issued by the federal executive body for supervision of insurance activities in the manner established by the legislation of the Russian Federation;
insured event - the onset of civil liability of the insured, other persons whose risk of liability is insured under a compulsory insurance contract, for causing harm to life, health or property of victims when using a vehicle, which entails the obligation of the insurer to make an insurance payment;
insurance rates - price rates established in accordance with this Federal Law, applied by insurers when determining the insurance premium under a compulsory insurance contract and consisting of base rates and coefficients;
compensatory payments - payments made in accordance with this Federal Law on account of compensation for harm caused to the life or health of the victim, in cases where the insurance payment for compulsory insurance cannot be made due to the failure by the tortfeasor of the insurance obligation or the application of the bankruptcy procedure to the insurer or if the cause of the specified harm is unknown;
representative of the insurer in a constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) - a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation, exercising, within the limits provided for by civil law, 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 contract on the basis of an agreement with the insurer.

Article 2
1. The legislation of the Russian Federation on compulsory civil liability insurance of vehicle owners consists of the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.
2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3. Basic principles of compulsory insurance
The main principles of compulsory insurance are:
a 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 civil liability insurance by vehicle owners;
the inadmissibility of using vehicles on the territory of the Russian Federation, the owners of which have not fulfilled the obligation established by this Federal Law to insure their civil liability;
economic interest of vehicle owners in improving road safety.

Chapter II. Conditions and procedure for the implementation of compulsory insurance

Article 4. Obligation of vehicle owners for third party liability insurance
1. Vehicle owners are obliged, on the terms 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 life, health or property of other persons when using Vehicle.
The obligation to insure civil liability extends to the 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. If the right to own a vehicle arises (acquisition of it in ownership, receipt in economic management 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 liability insurance obligation does not apply to owners of:
a) vehicles with a maximum design speed of not more than 20 kilometers per hour;
b) vehicles that, according 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, cars and trailers for them, other vehicles used to ensure the economic activities of the Armed Forces of the Russian Federation;
d) vehicles registered in foreign states, if the civil liability of the owners of such vehicles is insured within the framework of international compulsory insurance systems to which the Russian Federation is a member.
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 (insured).
5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily carry out insurance in the event of insufficient insurance payment under compulsory insurance to fully compensate for harm caused to the life, health or property of the victims, as well as in the event of an accident. liability not related to the insured risk under compulsory insurance (Item 2 of Article 6 of this Federal Law).
6. Owners of vehicles, the liability risk of which is not insured in the form of compulsory and (or) voluntary insurance, compensate for the harm caused to the life, health or property of the victims, in accordance with civil law.
Persons who have violated the requirements established by this Federal Law for compulsory insurance of civil liability of vehicle owners shall be liable in accordance with the legislation of the Russian Federation.

Article 5
The conditions under which a compulsory insurance contract is concluded must comply with the standard terms and conditions of a compulsory insurance contract contained in the rules of compulsory insurance 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 as a result of causing harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.
2. The insured risk for compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, with the exception of 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) infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
d) environmental pollution;
e) damage caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;
f) causing harm to the life or health of employees in 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) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo they carry, the equipment installed on them;
i) causing harm when loading cargo onto a vehicle or unloading it, as well as when a vehicle moves through the internal territory of the organization;
j) damage or destruction of antique and other unique items, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, items of a religious nature, as well as works of science, literature and art, other objects of intellectual property;
k) the obligation of the owner of the vehicle to compensate for damage in excess of 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 an 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 sum insured, within the limits of which the insurer undertakes upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to compensate the injured for the harm caused, 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. State regulation of insurance rates
1. State regulation of insurance tariffs is carried out by establishing, in accordance with this Federal Law, economically justified insurance tariffs or their maximum levels, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.
2. Insurance tariffs for compulsory insurance (their maximum levels), the structure of insurance tariffs 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 the calculation of 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 period of validity of the established insurance rates may not 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 insured at the insurance rates in force at the time of payment.
4. Full or partial compensation for certain categories of insurers of the insurance premiums they have paid by increasing insurance premiums for other categories of insurants is not allowed.
5. Annual statistical data on compulsory insurance are subject to official publication by the federal executive body for supervision of insurance activities.

Article 9. Basic rates and coefficients of insurance rates
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 rate coefficients.
The basic rates of insurance rates are set depending on the technical characteristics, design features and purpose of vehicles, which significantly affect the likelihood of harm during their use and the potential amount of harm caused.
2. The coefficients included in the insurance tariffs are established depending on:
areas of primary use of the vehicle;
the presence or absence of insurance payments made by insurers in the course of compulsory civil liability insurance of the owners of the said vehicle in previous periods;
other circumstances significantly influencing the amount of insured risk.
For cases of compulsory liability insurance of citizens using vehicles belonging to them, insurance rates also establish coefficients that take into account:
whether the compulsory insurance contract provides for the condition that only the drivers indicated by the insured are allowed to drive the vehicle, and if such a condition is provided, their driving experience, age and other personal data;
seasonal use of the vehicle.
3. In addition to the coefficients established in accordance with paragraph 2 of this article, insurance rates provide for coefficients that are applied in the compulsory insurance of civil liability of vehicle owners:
who knowingly provided false information to the insurer about the circumstances requested by him that affect 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;
deliberately contributed to the occurrence of an insured event or an increase in losses associated with it, or knowingly distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
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 a year following the period in which the insurer became aware of the commission of actions (inaction) provided for in this paragraph.
4. The maximum amount of the insurance premium under a compulsory insurance contract may not exceed three times the base rate of insurance tariffs, adjusted for the territory of the predominant use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five times.
5. Insurance tariffs may additionally provide for base rates and coefficients applied by insurers in the implementation of compulsory insurance of civil liability of owners of vehicles registered in foreign states and temporarily used on the territory of the Russian Federation.
6. The insurance rates established in accordance with this Federal Law are obligatory for the use by insurers. Insurers are not entitled to apply rates and (or) coefficients other than those established by insurance rates.

Article 10
1. The term of the contract of compulsory insurance is one year, except for cases for which this article provides for other periods of validity of such a contract.
The compulsory insurance contract shall be extended for the next year, if the policyholder has not notified the insurer of the refusal to renew it no later than two months before the expiration of this contract. The validity of the extended contract of compulsory insurance shall not be terminated in case of delay in payment by the insured of the insurance premium for the next year by no more than 30 days. When extending the contract of compulsory insurance, the insurance premium for a new term of its validity shall be paid in accordance with the insurance tariffs in force at the time of its payment.
2. Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation conclude compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 15 days.
3. When acquiring a vehicle (purchasing, inheriting, accepting as a gift, etc.), its owner has the right to conclude a compulsory insurance contract for the period of travel to the place of registration of the vehicle. At the same time, the owner of the vehicle is obliged to conclude a compulsory insurance contract for one year prior to its registration in accordance with the provisions of paragraph 1 of this article.

Article 11
1. If the policyholder is a participant in a traffic accident, he is obliged to inform other participants in the said accident, upon their request, of information about the compulsory insurance contract under which the civil liability of the owners of this vehicle is insured.
The obligation provided for by this paragraph shall also be imposed on the driver driving the vehicle in the absence of the policyholder.
2. The insurer shall be obliged to notify the insurer of cases of damage caused when using the vehicle, which may entail civil liability of the insured, within the period established by the compulsory insurance contract and in the manner specified by this contract.
At the same time, the insured, before satisfying the claims of the victims for compensation for the harm caused to them, must warn the insurer about this and act in accordance with its instructions, and if a claim is brought against the insured, involve the insurer in the case. Otherwise, the insurer shall have the right to raise against the claim for insurance payment the objections that he had against claims for compensation for the harm caused.
3. If the victim intends to exercise his right to an insurance benefit, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible.
4. The provisions of this Federal Law relating to victims shall also apply to persons who have suffered damage as a result of the death of a breadwinner, heirs of victims and other persons who, in accordance with civil law, are entitled to compensation for harm caused to them when using vehicles by other persons.

Article 12. Determination of the amount of insurance payment
1. The amount of 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 amount and nature of the harm caused to the life or health of the victim.
2. When causing damage to property, the victim, who intends to exercise his right to an 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 damage and determine the amount of losses subject to compensation.
If the inspection and independent examination (assessment) of the damaged property or its remains presented by the victim do not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right to inspect the vehicle of the insured, during the use of which the victim was injured damage, 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 not more than five working days from the date of the corresponding application of the victim, unless another period is agreed by the insurer with the victim.
In the event that the nature of the damage or the characteristics of the damaged property exclude its submission for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle, excluding its participation in road traffic), the specified inspection and independent 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 (evaluation) of damaged property, taking into account the territorial features of their conduct in hard-to-reach, remote or sparsely populated areas.
4. If the insurer has not examined the damaged property and (or) has not organized its independent examination (assessment) within the period established by paragraph 3 of this article, the victim shall have the right to independently apply for such an examination (assessment) without presenting the damaged property to the insurer for examination.
5. The cost of an independent examination (assessment), on the basis of which an insurance payment was made, is included in the composition of losses subject to compensation by the insurer under a compulsory insurance contract.
6. The insurer has the right to refuse to the victim in the insurance payment or part of it, if the repair of damaged property or disposal of its remains, carried out prior to the inspection and independent examination (evaluation) of the damaged property in accordance with the requirements of this article, does not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.
7. In order to clarify the circumstances of the occurrence of an insured event, establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.
The rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintenance of the state register of expert technicians, are approved by the Government of the Russian Federation or in the manner prescribed by it.

Article 13. Insurance payment
1. The victim has the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the sum insured. An application of the victim containing a claim for an insurance payment, with documents attached to it on the occurrence of an insured event and the amount of damage to be compensated, shall be sent to the insurer at the location of the insurer or its representative authorized by the insurer to consider the specified claims of the victim and make insurance payments.
The location and postal address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, means of communication with them and information about their working hours must be indicated in the insurance policy.
2. The insurer considers the application of the victim for insurance payment and the documents attached to it within 15 days from the date of their receipt. Within the specified period, the insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal.
Before the full determination of the amount of the harm to be compensated, the insurer shall have the right, at the request of the victim, to make a part of the insurance payment corresponding to the actually determined part of the said harm.
By agreement with the victim and on the terms stipulated by the compulsory insurance contract, the insurer has the right to organize and pay for the repair of damaged property at the expense of 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 the sum insured for compulsory insurance (Article 7 of this Federal Law), insurance payments are made in proportion to the ratio sum insured to the sum of the said claims of the victims.
4. The insurer shall be released from the obligation to make an insurance payment in cases stipulated by the law and (or) the contract of compulsory insurance.

Section 14. Right of Recourse of an Insurer
The insurer has the right to present a recourse claim against the person who caused the harm (the policyholder, another person whose liability risk is insured under the compulsory insurance contract) in the amount of the insurance payment made by the insurer, if:
as a result of the intent of the specified person, harm was caused to the life or health of the victim;
the harm was caused by the specified person while driving while intoxicated (alcoholic, narcotic or otherwise);
the specified person did not have the right to drive the vehicle, during the use of which they were 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 admitted to driving 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 in the period not provided for by the compulsory insurance contract (when concluding a compulsory insurance contract with the condition that the vehicle was used during the period provided for by the compulsory insurance contract).
At the same time, the insurer is also entitled to demand from the said person reimbursement of expenses incurred in the course of consideration of the insured event.

Article 15. Procedure for the implementation of compulsory insurance
1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts with insurers.
Compulsory insurance contracts specify vehicles, the civil liability of whose owners is insured.
2. Under the compulsory insurance contract, the risk of civil liability of the insurant himself, another owner of the vehicle named in the compulsory insurance contract, as well as other owners using the vehicle on a legal basis is insured.
3. When concluding a contract of compulsory insurance, the insurer shall present the policyholder with an insurance policy and a special sign of the state standard.
The document certifying the implementation of compulsory insurance is an insurance policy.
4. Upon termination of the compulsory insurance contract, the insurer shall provide the insured with information on the number and nature of the insured events that have occurred, on the insurance payments made and on the forthcoming insurance payments, on the duration of insurance, on the considered and unsettled claims of the victims for insurance payments and other information on insurance during the period of validity of the specified contract. (hereinafter - information about insurance). Information about insurance 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 coefficients of insurance rates used when calculating the insurance premium under a compulsory insurance contract.
6. The Government of the Russian Federation establishes the form of an insurance policy of compulsory insurance, the form of a special sign of the state sample 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 conclude compulsory insurance contracts, taking into account the limited use of vehicles belonging to them. Limited use of a vehicle is recognized as driving it only by the drivers specified by the policyholder and (or) seasonal use of the vehicle (during six or more months specified by the specified contracts in a calendar year).
The vehicle owner has the right to notify the insurer of these circumstances in writing when concluding a compulsory insurance contract. In this case, the insurance premium under the compulsory insurance contract, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by the insurance rates 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 insurance contract. insurance period of its use (paragraph 2 of Article 9 of this Federal Law).
2. When carrying out compulsory insurance, taking into account the limited use of the vehicle, the insurance policy shall indicate the drivers admitted to driving the vehicle, including on the basis of an appropriate power of attorney, and (or) the period of its use provided for by the compulsory insurance contract.
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 inform the insurer in writing about the transfer of control of the vehicle to drivers who are 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 contract of compulsory insurance. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. At the same time, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance rates for compulsory insurance in proportion to the increase in risk.

Article 17. Compensation for insurance premiums under a compulsory insurance contract
1. Disabled persons who have received vehicles through the bodies of social protection of the population are provided with compensation in the amount of 50 percent of the insurance premium paid by them under a compulsory insurance contract. This benefit is subject to the condition that the vehicle is used by an eligible person and not more than one other 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 for by the federal budget for social assistance.
2. Bodies of state power of the subjects of the Russian Federation and bodies of local self-government, within their powers, have the right to establish full or partial compensations for insurance premiums under compulsory insurance contracts for other categories of citizens. Sources of funding 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. Compensatory payment on account of compensation for harm to the life or health of the victim is made in cases where the insurance payment under the compulsory insurance contract cannot be made due to:
a) applying to the insurer the bankruptcy procedure provided for by federal law;
b) the uncertainty of the 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 claim of the victim for compensation for the harm caused was not satisfied, despite the implementation by the victim of the provisions provided for by the legislation of the Russian Federation actions to recover the compensation due to him.
2. Citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently residing on the territory of the Russian Federation, have the right to receive compensation payments in the cases provided for in paragraph 1 of this article.
Citizens of a foreign state temporarily staying on the territory of the Russian Federation are entitled to receive the said 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 on the claims of the victims for the implementation of compensation payments may be filed within two years.

Article 19. Implementation of compensation payments
1. At the request 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 the claims of victims for compensation payments, the implementation of compensation payments and the exercise of the rights of claim provided for in Article 20 of this Federal Law may 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 a beneficiary and an insurer under a compulsory insurance contract apply to relations between the injured party and a professional association of insurers regarding compensation payments. The relevant provisions are applied insofar as otherwise is not provided by federal law and does not follow from the essence of such relations.
At the same time, the specified 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 harm caused.

Article 20. Collection of amounts of compensation payments
1. The amount of the compensation payment made to the victim in accordance with subparagraphs "b" and "c" of paragraph 1 of Article 18 of this Federal Law shall be recovered by way of recourse on the claim of a professional association of insurers from the person responsible for the harm caused to the victim.
The professional association of insurers is also entitled to demand from the said person reimbursement of the expenses incurred for consideration of the claim of the victim for compensation payment.
2. Within the amount of the 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, which the victim has to the insurer, passes to the professional association of insurers.

Chapter IV. Insurers

Article 21. Insurers
1. The insurer must have a representative in each subject of the Russian Federation authorized to consider the claims of the victims for insurance payments and to make insurance payments.
2. Insurers must be members of a professional association of insurers acting in accordance with this Federal Law.
3. A necessary requirement for an insurance organization applying for a permit (license) to carry out compulsory civil liability insurance of vehicle owners is that this insurance organization has at least two years of experience in carrying out vehicle insurance operations or civil liability of their owners.
Insurers and their representatives must be located in premises adapted for the performance of their functions.

Article 22
1. The organization of the conclusion of compulsory insurance contracts and the placement of advertisements for the services of specific insurers for compulsory insurance in the premises and on the territories occupied by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments are prohibited.
2. If, in the course of compulsory insurance, the difference between the income and expenses of the insurer for the year exceeds 5 percent of the indicated income, the excess amount shall be directed by the insurer to form an insurance reserve to compensate for the costs of making insurance payments in subsequent years.
3. When carrying out compulsory insurance, insurers form:
a reserve for financial support of compensation payments made to the victims on account of the fulfillment of the obligations of insurers in the event of bankruptcy proceedings being applied to them (guarantee reserve);
a 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 amount of deductions to the reserve of guarantees and the reserve of current compensation payments are established in accordance with the structure of insurance rates.

Article 23. Replacement of the insurer
1. 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 allowed with the consent of the insured 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 the victims requiring insurance payments under a compulsory insurance contract, the obligations under which are transferred to another insurer, is required.
3. The insurers and injured parties shall be requested in writing to agree to the replacement of the insurer by the insurer accepting obligations under compulsory insurance contracts. Policyholders and victims have the right to agree to a replacement of the insurer, to refuse it, and the policyholders also have the right to refuse to extend the contract of compulsory insurance, even if the period stipulated by the contract for refusing to renew it has already expired.
The policyholders and victims shall notify the insurer transferring obligations under the compulsory insurance contract or accepting them in writing of their decision.
In the request for consent to the replacement of the insurer, the policyholders and victims must be explained their rights to refuse to replace the insurer and extend the contract of compulsory insurance.
4. The federal executive body for the supervision of insurance activities has the right to refuse to replace the insurer in the following cases if:
the acceptance by the insurer of the obligations transferred to it under compulsory insurance contracts entails a violation of the requirements established in accordance with the legislation of the Russian Federation for guarantees of the solvency of insurers;
the insurer accepting obligations under compulsory insurance contracts does not have a license to carry out compulsory civil liability insurance of vehicle owners;
the conditions and procedure for replacing the insurer do not meet 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, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and acting to ensure their interaction and the formation of rules for professional activities in the implementation of compulsory insurance.
2. A professional association of insurers is created with the consent of the federal executive body for supervision of insurance activities.
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 shall be applied subject to the specifics 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 the members of the professional association to the entry into it of insurance companies that meet the requirements that, in accordance with the constituent documents of the professional association, apply 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 in the implementation of compulsory insurance by them, develops and establishes the rules of professional activity binding on the professional association and its members and monitors their observance;
b) represents and defends in state authorities, local governments, other bodies and organizations the interests associated with the implementation by members of a professional association of compulsory insurance;
c) make compensation payments to victims in accordance with the constituent documents of the professional association and the requirements of this Federal Law, and also exercise the rights of claim provided for in Article 20 of this Federal Law;
d) performs other functions provided for by the constituent documents of a professional association in accordance with its goals and objectives.
2. A professional association of insurers has the right to:
form and use information resources containing information on compulsory insurance, including information on compulsory insurance contracts and insured events, personal data on policyholders and victims, with the provision of the requirements established by the legislation of the Russian Federation for the protection of information of limited access;
protect in court the interests of members of a professional association related to the implementation of compulsory insurance by them;
carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information, organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of a professional association within the framework of international systems of compulsory insurance of civil liability of vehicle owners, to which the Russian 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 can carry out commercial activities only insofar as it serves the achievement of the goals for which it was created and corresponds to these goals.

Article 26. Rules of professional activity
1. A professional association of insurers shall establish rules that are binding on a professional association and its members and contain requirements regarding:
a) the procedure and conditions for consideration by members of the professional association of the 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 a professional association to make compensation payments to victims, including the order of satisfaction of these requirements in case of insufficient funds of this professional association, and the procedure for distributing responsibility among its members for the obligations of a professional association related to the implementation of compensation payments;
c) the procedure for financing compensation payments by members of a professional association, measures to control the targeted use of the relevant funds, the procedure for maintaining records by a professional association on transactions with funds intended for compensation payments;
d) formation of information resources of a professional association containing information of limited access, as well as rules for the protection of these information resources and their use;
e) the procedure for the entry into the professional association of new members and the withdrawal or exclusion of members from it;
f) the conditions and procedure for the formation and spending of funds of a professional association for purposes other than financing compensation payments, including the procedure for distributing the relevant costs, payments, fees and contributions among its members;
g) qualifications of employees;
h) documentation, accounting and reporting rules;
i) protecting 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 a professional association with the results of these inspections, as well as requirements for ensuring openness of information for conducting such inspections;
k) sanctions and other measures in relation to members of a professional association, their officials and employees, the procedure for applying and accounting for such sanctions and other measures, as well as monitoring their implementation;
l) resolving 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) the rules of professional activity related to the activities of a 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;
n) other rules of professional activity in compulsory insurance, the establishment of which is within the competence of a professional association by decision of its members.
The requirements specified in subparagraphs "a" - "e" of this paragraph are established and changed by a professional association in agreement with the federal executive body for supervision of insurance activities.
The professional association shall notify the federal executive body for the supervision of insurance activities of the adoption and amendment of other requirements provided for by this paragraph in the manner established by this body.
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 a professional association, persons whose rights have been violated, and the federal executive body for supervision of insurance activities has the right to file a claim for the recognition of these rules as invalid or with a claim for amendments to them.
Persons whose rights have been violated have the right to demand from the professional association of insurers compensation for the 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 the compensation payments provided for by this Federal Law, and in relation to members of a professional association, their subsidiary liability for the relevant obligations of the professional association.
2. Claims of victims for compensation payments provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law shall be satisfied by a professional association at the expense of funds sent by members of a professional association from guarantee reserves (paragraph 3 of Article 22 of this Federal Law), as well as funds received from the exercise by a professional association of the right to claim provided for in paragraph 2 of Article 20 of this Federal Law.
The claims of victims for compensation payments provided for in subparagraphs "b" and "c" of paragraph 1 of Article 18 of this Federal Law are satisfied by a professional association at the expense of funds sent by members of a professional association from the reserves of current compensation payments (paragraph 3 of Article 22 of this Federal Law), and as well as funds received from the exercise by a professional association of the right to 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, members of a professional association shall bear:
for the obligations of a professional association in terms of making compensation payments provided for by subparagraph "a" of paragraph 1 of Article 18 of this Federal Law, within the limits of the guarantee reserves formed by them;
for the obligations of a 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 from:
property transferred to a professional association by its founders in accordance with the constituent agreement of a professional association;
entrance fees, membership fees, earmarked contributions and other obligatory payments paid to the professional association by its members in accordance with the rules of the professional association;
funds received from the exercise 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 established.
2. Funds intended for financing compensation payments shall be separated from other property of a professional association.
At the same time, funds intended to finance compensation payments provided for by 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 for financing compensation payments are reflected in the separate balance sheets of a professional association, and separate accounting is kept for them. For settlements on activities related to the implementation of each of the specified types of compensation payments, a professional association opens a separate bank account.
3. Investment of temporarily free funds of a professional association is carried out on the terms of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.
Directions for investing temporarily free funds of a professional association are determined by the annual plan approved by the general meeting of members of the professional association.
4. The federal executive body for the supervision of insurance activities may establish requirements for the minimum amount of funds for financing compensation payments provided for by 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 the rights of claim provided for in Article 20 of this Federal Law shall be used to finance compensation payments.
6. The financial activities of a professional association of insurers are subject to mandatory annual audits.
An independent audit organization and the terms of the contract that a professional association of insurers is obliged to conclude with it are approved by the general meeting of members of the professional association.
7. The annual report and the annual balance sheet of a professional association, after their approval by the general meeting of members of the professional association, shall be subject to publication annually.

Article 29
The amount and procedure for paying by members of a professional association of insurers contributions, contributions and other obligatory payments to a professional association are established by the general meeting of members of a professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of a 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 governments, organizations and citizens are obliged to provide free of charge, at the request of insurers and their professional associations, their information (including confidential information) related to insured events under compulsory insurance or with the events that gave rise to claims by the victims for compensation payments.
The internal affairs bodies also provide insurers, at their request, with information on the registration of vehicles with the owners of which these insurers have concluded compulsory insurance contracts.
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 the received confidential information and the procedure for its use, and in case of their violation, they bear the responsibility provided for by the legislation of the Russian Federation.
2. Insurers are obliged to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.
The procedure for providing the information provided for by this paragraph shall be 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 specified automated information system refers to federal information resources.
The use of information resources of an automated information system is free and public, with the exception of information constituting restricted access information in accordance with federal law. The use of information of limited access is carried out by state authorities, insurers and their professional associations, 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 on a mandatory basis by public authorities, insurers, other persons for the formation of information resources of an automated information system, the procedure for providing users with the information contained in it, as well as bodies and organizations responsible for collecting and processing these information resources, are approved by the Government of the Russian Federation .

Article 31. International systems of compulsory civil liability insurance 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 of compulsory insurance of civil liability of vehicle owners. The conditions under which, within the framework of these international systems, the liability insurance of owners of vehicles temporarily used on the territory of the Russian Federation is carried out, should not worsen the position of victims in the Russian Federation in comparison with the conditions of compulsory insurance carried out in accordance with this Federal Law.

Article 32
1. Control over the fulfillment by the owners of vehicles of the insurance obligation established by this Federal Law is carried out by the police during registration, organization of the state technical inspection of vehicles and the exercise of their other powers in the field of control over compliance with traffic rules, as well as regulatory legal acts in the field of road safety. movement. The driver of the vehicle is obliged to carry an insurance policy of compulsory insurance and hand it over for verification to police officers authorized to do so in accordance with the legislation of the Russian Federation.
2. When transport 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 by the customs authorities of the Russian Federation.
3. On the territory of the Russian Federation, it is prohibited to use vehicles whose owners have not fulfilled the obligation established by this Federal Law to insure their civil liability. These vehicles are not subject to state technical inspection and registration.

Article 33
1. This Federal Law shall enter into force on July 1, 2003, except for the provisions for which, in accordance with this article, other effective dates are provided.
2. The provisions of this Federal Law provided for in relation to the establishment 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 enter into force on the day of the official publication of this Federal Law.
3. Clauses 1 and 2 of Article 21 of this Federal Law shall enter into force on July 1, 2003.
4. Chapter III and Article 27 of this Federal Law shall enter into force on July 1, 2004.
Article 34
The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with this Federal Law.

The president
Russian Federation
V. Putin

The purpose of federal law No. 40 is to ensure the proper rights of citizens who are participants in road traffic. With the help of this legislation, issues are resolved in a situation where such persons are involved in traffic accidents.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

The law acts as a regulator in this area and controls the legal relations of each of the participants that appear in the event of an accident.

Basic concepts and summary

The purpose of Law No. 40 of Federal Legislation is to ensure the enforcement of road accidents established in the event of a traffic accident. The OSAGO Law is mandatory for all persons who own vehicles.

When buying a car, each citizen must draw up the following papers:

Documents giving the right to drive a vehicle in the general stream;
The conclusion of the medical commission on the physical health of the driver;
Insurance documents in case of an accident. This item is precisely the OSAGO policy, which is controlled by this legislation.
Technical passport of the car.

Federal Law No. 40 is aimed at resolving the issue of the occurrence of liability in case of accidents. So, according to this document, the perpetrator of such an incident must be liable to the injured person.

The provisions written in the law give a clear indication of how the parties should behave in such a situation. Liability is limited by the norms of the legal act, which registers the cases and all the risks arising from them.

The condition for issuing a policy on the territory of the country when purchasing a vehicle is mandatory.

According to current regulations, drivers are prohibited from moving in the general stream without proper documents. If such cases are identified, they are punished by administrative measures in the form of a fine.

The law contains 6 chapters:

The basic concepts and principles of execution and operation of this regulatory legal act are interpreted;
This chapter includes definitions of the conditions under which it is necessary to draw up insurance documents. Also, the parties to the participants and objects to be formalized are prescribed. The chapter also discusses the issues of calculating insurance payments and the current rates for assessing the damage that has occurred. The paragraph indicates the terms for compensation for damages and the features of the consideration of cases on emerging disputable situations;
The section deals with eligibility for benefits. Determines the mechanism for making payments and considers cases to recover the necessary funds from the perpetrator of the incidents;
Gives definitions of insurers and their features of activity. The grounds for replacing insurers are also considered;
The powers of persons conducting insurance and appraisal activities aimed at calculating damage in case of accidents. Describes the powers and associations of unions, and also determines the amounts of payments and contributions established by law;
Types are indicated according to information agreements and international cooperation in the field of compulsory state insurance of car owners. Defines control over the conduct of activities of insurers and reference norms to this legislation.

The latest version of the federal law also indicates the procedure for making appropriate changes to the recent insurance reform.

What is regulated and when it is applied

The Federal Law on Insurance regulates the legal relations that arise as a result of an accident between persons. He highlights the situations in which this rule begins to apply and a number of grounds for compensation for damage to the injured person.

A traffic accident means:

Actions of a person in relation to another, at the time of driving a car, which in turn led to a collision;
It is at the moment of occurrence of such circumstances that the regulatory norms of this legislation begin to operate between the participants in this situation;
The provisions determine the culprit of the incident and make compensation calculations for the affected persons;
Depending on the situation and type of damage, an appropriate examination is carried out to identify the total damage in a collision;
It is calculated according to the current coefficients;
Further, the damage is converted into the amount that is needed to restore the damaged vehicle.

Compensation for damage can be carried out both for damaged property of the owner, and for physical injuries received as a result of an accident. Amounts have a direct limitation established in a legal act.

To receive payments, a person must apply to his insured with an application for due payments due to the circumstances that have arisen.

So, the insurer is obliged to make payments to the victims in the following volume:

400,000 rubles for a damaged vehicle as a result of an accident;
500,000 rubles for causing harm to the health of the injured persons.

If it is necessary to receive payments for the harm caused to health, then the citizen must submit the following papers:

Documents received from authorized bodies that registered the fact of a transport accident and injury to health;
Conclusions from medical institutions about the injuries received.

If, as a result of the injuries, the working capacity was lost for a certain period, then you can also apply for compensation for lost income due to the injured person being on sick leave.

Key points

The main provisions are concluded in the conditions of operation and execution of this legislative act. All arising circumstances and actions on them are strictly regulated. To process the payments due to the victim, you must comply with all the rules and submit the relevant documents for this.

All the main provisions prescribed in the norm can be divided into the following groups:

Compulsory insurance and objects subject to this action. Here the basic concepts of persons participating in civil liability are prescribed, as well as the means that are subject to registration. It also considers the conditions for the occurrence of circumstances under which persons have the right to claim after the estimated action the amount for the restoration of damaged cars or received harm to health;
Calculation of damages and the procedure for calculating amounts. One of the important groups in this legislation. It allows you to make all the required calculations for the received property damage. The maximum threshold value for payments is determined. Requirements are prescribed for insurance rates and percentages when calculating the actual damage received. The grounds and rules for determining the calculation coefficients are established.
The procedure for receiving payments and resolving emerging disputable situations. The rights on the basis of which citizens can demand compensation payments are determined. The mechanism for making deductions and the terms for receiving the amounts calculated during the examination of damages are established. The grounds and procedures by which the victims can file a claim against the insurer in case of disagreements are considered;
Determination of persons involved in insurance and control over their activities. The law describes such a subject as an insurer and indicates his official actions that he must perform when interacting with persons applying for registration of a car or for receiving payments due as a result of an accident. It is also prescribed for the property of insurance unions and the procedure for making mandatory union contributions.

Each of these groups has its own regulations. The law covers a wide range of people. From the perpetrators of the accident and the victims, to persons who, on the basis of their professional activities, must carry out the execution of insurance claims and the calculation of the resulting damage according to the insured events established by law.

40 of the Federal Law closely intersects with administrative legislation, in terms of interim measures to comply with existing provisions.

Control over the proper implementation of established legal norms is carried out by police officers who check the availability of policies from drivers of vehicles.

On the terms and in the manner established by this Federal Law and in accordance with it, insure the risk of its civil liability, which may occur as a result of harm to life, health or property of other persons when using vehicles.

(as amended by Federal Law No. 306-FZ of December 1, 2007)

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

The owner of a vehicle registered in a foreign state and entering the territory of the Russian Federation must have a civil liability insurance contract concluded on the terms of this Federal Law or within the framework of international insurance systems.

2. If the right to own a vehicle arises (acquisition of it in ownership, receipt in economic management or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before performing registration actions related to the change of the owner of the vehicle, but no later than after ten days after the acquisition of the right to own it.