__________________ "__"__________ ____ city _______________________________________________, license N __________, (name of insurance organization) issued by ____________________________, hereinafter referred to as "Insurer", (name of body) represented by ___________________, acting__ on the basis of _____________________, (position, full name .O.) (charter, regulations, power of attorney, etc.) on the one hand, and _________________________________________________________ (full name of the citizen, name of the organization) represented by ___________________, acting on the basis of _____________________, (position, full name O.) (charter, regulations, power of attorney, etc.) hereinafter referred to as "the Policyholder", on the other hand, have entered into this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. According to this Agreement, the Insurer undertakes, upon the occurrence of an insured event stipulated in the Agreement in relation to the person specified in clause 1.2 of the Agreement and hereinafter referred to as the “Insured Person,” to pay to the person entitled to compensation for damage caused to life, health or property, and hereinafter referred to The “Beneficiary”, insurance compensation, and the Policyholder undertakes to pay the insurance premium in the amount, in the manner and within the time limits provided for in the Agreement.

1.2. The insured person is __________________.

1.3. The object of insurance is property interests associated with the onset of liability of the Insured person for causing harm to the life, health or property of other persons.

1.4. The insured amount under this Agreement is _____ (_________) rubles.

2. INSURED EVENT. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. An insured event under this Agreement is recognized as the occurrence of the Insured Person's obligation, in accordance with the current legislation of the Russian Federation, to compensate for damage caused to the life, health or property of other persons.

2.2. The insurer is obliged:

2.2.1. Within ____ days from the date of conclusion of the Agreement, issue an insurance policy to the Policyholder and the Insured Person.

2.2.2. In the event of loss by the Policyholder or the Insured Person during the validity period of this Agreement, issue them a duplicate of the policy based on a written application.

2.2.3. Pay insurance compensation in the amount, manner and terms established by this Agreement.

2.2.4. Reimburse the Policyholder or the Insured for expenses incurred to reduce losses in order to comply with the Insurer’s instructions, regardless of the fact that, together with compensation for damage, they may exceed the insured amount. Such expenses are reimbursed even if the corresponding measures are unsuccessful.

2.3. The insurer has the right:

2.3.1. If the Insured fails to fulfill the obligation provided for in sub. 2.4.2 of this Agreement, refuse to pay the corresponding part of the insurance compensation if the Insurer did not know and should not have known about the occurrence of an insured event and the Insurer’s lack of information did not allow it to take real measures to reduce losses.

2.3.2. Check any information communicated to him by the Policyholder, the Insured Person, the Beneficiary and their heirs, as well as information that has become known to the Insurer that is related to this Agreement.

2.4. The policyholder is obliged:

2.4.1. Immediately notify the Insurer of the following circumstances:

Increase in professional risk due to a change of place of work of the Insured person;

- ________________________________________________________;

And also about other circumstances that have become known to him that change the degree of risk of an insured event.

2.4.2. Within _____ after he becomes aware of the occurrence of an insured event, notify the Insurer of its occurrence.

2.4.3. When an insured event occurs, take reasonable and accessible measures under the current circumstances to prevent or reduce possible harm, including reporting to the competent authorities (police, state supervision, emergency services, etc.) about insured events. When taking such measures, the Policyholder must follow the instructions of the Insurer, if they are communicated to them.

2.4.4. In the event of damage to property, preserve the damaged property, unless this is contrary to the interests of safety and public order, until it is inspected by a representative of the Insurer in the form in which it appeared after the insured event.

2.4.5. Provide the Insurer with the opportunity to unimpededly verify information related to this Agreement and provide all necessary documents and other evidence.

2.4.6. Pay the insurance premium in the amount, manner and under the conditions established by this Agreement.

2.5. Responsibilities of the Insured established by sub. 2.4.1 - 2.4.5 of this Agreement are also subject to execution by the Insured Person.

2.6. The policyholder has the right:

2.6.1. Receive from the Insurer information relating to its financial stability and not being a commercial secret.

2.7. The Insurer is exempt from compensation for losses arising due to the fact that the Policyholder (Insured Person) intentionally failed to take reasonable and available measures provided for in subsection. 2.4.3 of this Agreement to reduce possible losses.

2.8. The insurer is exempt from paying insurance compensation in whole or in part if the Beneficiary or his heirs have exercised the right to claim damages against the Insured Person. In this case, the Insurer has the right to demand the return of overpaid insurance compensation.

3. INSURANCE PREMIUM

3.1. The insurance premium payable by the Insured under this Agreement is _____ (__________) rubles.

3.2. The insurance premium established by clause 3.1 of this Agreement is paid by the Insured in installments in the following order: monthly no later than the _____ day of each month for _____ months in equal insurance premiums of _____ (__________) rubles.

3.3. The policyholder has the right at any time to pay the entire remaining portion of the insurance premium or to contribute money towards subsequent periods of premium payment.

3.4. The insurance premium is paid by the Insured by transferring funds to the Insurer's current account or by depositing cash into the Insurer's cash desk.

3.5. If the insured event occurs before the payment of the next insurance premium, the payment of which is overdue, the Insurer has the right to set off the amount of the overdue insurance premium when determining the insurance compensation to be paid.

4. INSURANCE COMPENSATION

4.1. Upon the occurrence of an insured event provided for in clause 2.1 of this Agreement, the Beneficiary represents:

a) application for payment of insurance compensation;

b) identification document;

c) a document confirming the occurrence of an insured event, or a certified copy thereof;

d) documents confirming the Beneficiary’s right to compensation for damage;

e) certificate of registration (if the Beneficiary is a legal entity).

4.2. If the Beneficiary died before receiving the insurance compensation due to him, the payment is made to his heirs.

In the event that the insurance compensation is paid to the heirs of the Beneficiary, the heirs represent:

a) identification documents;

b) a document confirming the occurrence of an insured event, or a certified copy thereof;

c) death certificate of the Beneficiary or its certified copy;

d) documents certifying entry into inheritance rights.

4.3. Payment of insurance compensation is carried out after drawing up the insurance act. The insurance act is drawn up by the Insurer or his authorized person. If necessary, the Insurer requests information regarding the insured event from the competent authorities, and also has the right to independently determine the causes and circumstances of the insured event.

The insurance act must be drawn up no later than _____ after the submission of the documents provided for in clauses 4.1 and 4.2 of this Agreement.

4.4. The Insurer is obliged to pay insurance compensation to the Beneficiary within _____ after receiving and drawing up all the necessary documents specified in this Agreement.

4.5. The amount of insurance compensation to be paid is established on the basis of the evidence presented to the Insurer, and if there is a court decision, on the basis of this decision in the following order: _________________________.

4.6. The amount of insurance compensation cannot exceed the insurance amount established by clause 1.4 of this Agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. The Party that fails to fulfill or improperly fulfills its obligations under this Agreement is obliged to compensate the other Party for losses caused by such failure.

5.2. If the Insurer violates the deadline for payment of insurance compensation established by clause 4.4 of this Agreement, the recipient of insurance compensation has the right to present to the Insurer a demand for payment of a penalty in the amount of ___% of the unpaid insurance compensation for each day of delay.

5.3. If the Insured violates the deadline for paying the next insurance premium established by clause 3.2 of this Agreement, the Insurer has the right to present the Insured with a requirement to pay a penalty in the amount of ___% of the amount of the unpaid insurance premium for each day of delay.

5.4. Collection of a penalty does not relieve the Party that violated the Agreement from fulfilling its obligations in kind.

5.5. For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties bear responsibility established by the current legislation of the Russian Federation.

6. CHANGES TO THE AGREEMENT

6.1. The Policyholder may replace the Insured Person with another person by notifying the Insurer in writing.

6.2. The Policyholder, in agreement with the Insurer, has the right to increase the amount of the insured amount. In this case, an additional insurance premium must be paid in the amount and manner stipulated by agreement of the Parties.

6.3. The Policyholder, in agreement with the Insurer, has the right to reduce the amount of the insured amount. In this case, the Policyholder shall be refunded the overpaid part of the insurance premium in proportion to the reduction in the sum insured.

6.4. The insurer notified of the circumstances specified in sub. 2.4.1 of this Agreement, has the right to demand changes to the terms of the Agreement, including the payment of an additional insurance premium, in proportion to the increase in the risk of an insured event in accordance with the legislation of the Russian Federation.

If the Policyholder objects to changing the terms of this Agreement or additional payment of the insurance premium, the Insurer has the right to demand termination of the Agreement.

The Insurer has no right to demand changes to the Contract if the circumstances specified in subparagraph. 2.4.1 The agreements have already disappeared.

6.5. This Agreement may be amended based on a written agreement of the Parties, as well as in other cases provided for by the current legislation of the Russian Federation.

6.6. If the Insured Person, the Beneficiary or their heirs have made claims against the Insurer, this Agreement cannot be amended without the written consent of the persons making the claims.

6.7. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the Parties or duly authorized representatives of the Parties.

7. TERM OF THE CONTRACT. TERMINATION OF THE AGREEMENT

7.1. This Agreement comes into force from the moment of signing and is valid until "___"__________ ___.

7.2. This Agreement may be terminated by the Parties before the expiration of its validity period established by clause 7.1 of the Agreement, based on a written agreement of the Parties.

7.3. This Agreement is terminated early if, after its entry into force, the possibility of an insured event no longer occurs and the existence of the insured risk ceases due to circumstances other than the insured event.

7.4. The policyholder has the right to cancel this Agreement at any time, if by the time of refusal the possibility of the occurrence of an insured event has not disappeared due to the circumstances specified in clause 7.3 of this Agreement.

In case of early termination of this Agreement on the grounds specified in this paragraph, the Insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force.

7.5. This Agreement may be terminated or terminated on other grounds established by the current legislation of the Russian Federation.

7.6. Termination of this Agreement does not relieve the Parties from liability for its violation.

8. DISPUTE RESOLUTION

8.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations on the basis of the current legislation of the Russian Federation.

8.2. If it is impossible to resolve controversial issues during negotiations, the Parties shall submit them for resolution in court, established by the current legislation of the Russian Federation.

9. ADDITIONAL TERMS AND CONDITIONS

9.1. Additional terms and conditions under this Agreement: _____________________.

9.2. The terms of this Agreement, additional agreements thereto and other information received by the Insurer in accordance with this Agreement are confidential and not subject to disclosure.

9.3. All notices and communications must be sent by the Parties to each other in writing.

9.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

9.5. The Agreement is drawn up in two copies, one of which is kept by the Policyholder, the second by the Insurer.

9.6. The Insurer is obliged to provide the Insured person with a copy of this Agreement along with the insurance policy.

10. ADDRESSES AND DETAILS OF THE PARTIES

Policyholder: _____________________________________________

___________________________________________________________

Insurer: _______________________________________________

___________________________________________________________

___________________________________________________________

SIGNATURES OF THE PARTIES:

Insurer: _______________________ M.P. Policyholder: _____________________ M.P.

3. In cases provided for by law or in the manner prescribed by it, legal entities that have economic or operational management of property that is state or municipal property may be required to insure this property.

4. In cases where the insurance obligation does not arise from the law, but based on a contract, including the obligation to insure property - on an agreement with the owner of the property or on the constituent documents of the legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.

Article 936. Implementation of compulsory insurance

1. Compulsory insurance is carried out by concluding an insurance contract between the person charged with such insurance (the policyholder) and the insurer.

2. Compulsory insurance is carried out at the expense of the policyholder.

3. Objects subject to compulsory insurance, the risks against which they must be insured, and the minimum amounts of insurance amounts are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, by law or in the manner established by it.

Article 937. Consequences of violating the rules on compulsory insurance

1. The person in whose favor compulsory insurance must be carried out by law , has the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by the person charged with the insurance obligation.

2. If the person entrusted with the obligation of insurance has not carried it out or has entered into an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions determined by law, upon the occurrence of an insured event, it is liable to the beneficiary on the same conditions under which the insurance compensation should have been paid with proper insurance.

3. Amounts unjustifiably saved by a person which is charged with the obligation of insurance due to the fact that it failed to fulfill this obligation or performed it improperly , are recovered at the claim of state bodies exercising supervision in the relevant field of activity, to the income of the Russian Federation with the accrual of interest on these amounts in accordance with Article 395 of this Code.

Article 938. Insurer

Legal entities may enter into insurance contracts as insurers, having permits (licenses) to carry out insurance of the relevant type.

The requirements that insurance organizations must meet, the procedure for licensing their activities and the supervision of these activities are determined by insurance laws.

Article 939. Fulfillment of obligations under an insurance contract by the insured and the beneficiary

1. Conclusion of an insurance contract in favor of the beneficiary, including when he is the insured person, does not relieve the policyholder from fulfilling obligations under this agreement, unless the contract provides otherwise or the obligations of the policyholder are fulfilled by the person in whose favor the contract is concluded.

2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, to fulfill obligations under the insurance contract, including obligations falling on the insured, but not fulfilled by him, when the beneficiary makes a claim for payment of insurance compensation under a property insurance contract or insurance amounts under a personal insurance contract . The risk of consequences of non-fulfillment or untimely fulfillment of duties that should have been performed earlier is borne by the beneficiary.

Article 940. Form of insurance contract

1. The insurance contract must be concluded in writing.

Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract(Article 969).

2. The insurance contract can be concluded by drawing up one document (clause 2 of Article 434) or delivery by the insurer to the policyholder on the basis of his written or oral application of the insurance policy (certificate, certificate, receipt) signed by the insurer.

In the latter case, the consent of the policyholder to conclude an agreement on the terms proposed by the insurer is confirmed by acceptance from the insurer of the documents specified in paragraph one of this paragraph.

3. When concluding an insurance contract, the insurer has the right to use standard forms of contract (insurance policy) developed by it or an association of insurers for certain types of insurance.

Article 941. Insurance under a general policy

1. Systematic insurance of different lots of homogeneous property (goods, cargo, etc.) on similar conditions for a certain period can, by agreement between the insured and the insurer, be carried out on the basis of one insurance contract - general policy.

2. The insured is obliged, in relation to each batch of property falling under the general policy, to report to the insurer the information stipulated by such policy within the period specified by it, and if it is not provided, immediately upon receipt. The insured is not relieved of this obligation, even if by the time such information is received the possibility of losses subject to compensation by the insurer has already passed.

3. At the request of the policyholder, the insurer is obliged to issue insurance policies for individual lots of property falling under the general policy.

In case of discrepancy between the contents of the insurance policy and the general policy, preference is given to the insurance policy.

Article 942. Essential terms of the insurance contract

1. When concluding a contract property

1) about certain property or other property interest that is the object of insurance;

2) on the nature of the event for which insurance is provided(insured event);

3) about the amount of the insured amount;

4) about the duration of the contract.

2. Upon conclusion of the contract personal insurance, an agreement must be reached between the policyholder and the insurer:

1) about the insured person;

Full text of Art. 935 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 935 of the Civil Code of the Russian Federation.

1. The law may impose on the persons specified in it the obligation to insure: the life, health or property of other persons specified in the law in case of harm to their life, health or property; the risk of their civil liability, which may arise as a result of harm to life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one’s life or health cannot be imposed on a citizen by law.

3. In cases provided for by law or in the manner established by it, legal entities that have under economic control or operational management property that is state or municipal property may be required to insure this property.

4. In cases where the obligation to insurance does not follow from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on the constituent documents of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.

Commentary on Article 935 of the Civil Code of the Russian Federation

1. Compulsory insurance is a special means provided by law to ensure public interests.

To achieve this goal with the help of compulsory insurance, the following tasks are performed:
- firstly, the prerequisites are created for providing assistance to citizens who find themselves in difficult life situations in the event of harm to their life and health;
- secondly, prerequisites are created for the preservation of property owned by third parties;
- thirdly, prerequisites are created to ensure the stability of civil circulation in cases of harm or failure to fulfill obligations.

Compulsory life and health insurance of citizens (compulsory personal insurance) is established in the following cases:
a) as support for the professional activities of persons whose work is associated with risk (for example, private detectives);
b) to ensure the life and health of citizens in contact with sources of increased danger (for example, passengers).

Mandatory insurance of the property of third parties is provided for in cases where the law imposes such an obligation on persons whose activities are related to the ownership of someone else's property (for example, a pawnshop).

Compulsory civil liability insurance in cases of harm and failure to fulfill obligations is established by law in the following cases:
a) in relation to persons carrying out activities on a professional basis to provide services to third parties (notaries, appraisers, auditors, arbitration managers, etc.);
b) in order to reduce social tension when harm is caused to third parties (for example, as a result of a traffic accident);
c) as a financial guarantee for the proper fulfillment of an obligation (for example, in tourism activities);
2. Compulsory insurance should be carried out only when this is expressly indicated by law, which, in accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation dated November 27, 1992 N 4015-I “On the organization of insurance business in the Russian Federation” must contain provisions defining: insurance subjects; objects subject to insurance; list of insured events; the minimum amount of the insured amount or the procedure for determining it; size, structure or procedure for determining the insurance tariff; term and procedure for payment of insurance premium (insurance contributions); validity period of the insurance contract; procedure for determining the amount of insurance payment; control over the implementation of insurance; consequences of non-fulfillment or improper fulfillment of obligations by insurance entities; other provisions.

3. The law cannot impose on an individual the obligation to insure his life or health, since this would contradict the principle of subjects exercising their rights at their own discretion ().

4. In cases provided for by law or in the manner established by it, legal entities that have economic jurisdiction or operational management of property that is state or municipal property may be required to insure this property in order to ensure the risks of its loss or damage. For example, during the temporary export of cultural property by state and municipal museums, archives, libraries, and other state repositories of cultural property.

In cases where the obligation to insure depends on the will of the parties, the provisions on compulsory insurance do not apply. This also applies to cases where the compulsory nature of insurance, although prescribed by law as a general rule, can be changed at the will of the parties (Articles 343, 637, 742 of the Civil Code of the Russian Federation).

5. The rules on compulsory insurance, adopted in order to implement the provisions of paragraphs 1 and 3 of the commented article, are contained, for example, in such laws as:
1) Federal Law dated April 12, 2010 N 61-FZ “On the circulation of medicines”, in Art. 44 of which provides that an organization that has received permission to organize a clinical trial of a medicinal product for medical use is obliged, as an insurer, to insure the risk of harm to the life and health of the patient as a result of conducting a clinical trial of a medicinal product for medical use at its own expense by concluding a compulsory insurance agreement . In this case, the object of compulsory insurance is the patient’s property interest associated with causing harm to his life or health as a result of a clinical trial of a medicinal product for medical use, and the insured event under the compulsory insurance contract is the death of the patient or deterioration of his health, including constitutes an establishment of disability, if there is a cause-and-effect relationship between the occurrence of this event and the patient’s participation in a clinical trial of a medicinal product;
2) Fundamentals of the legislation of the Russian Federation on notaries dated 02.11.93 N 4462-1, in Art. 18 of which it is established that a notary engaged in private practice is obliged to enter into an agreement or agreements for insurance of the civil liability of a notary when he carries out notarial activities. A notary has no right to perform his duties and perform notarial acts without concluding an insurance contract. The object of insurance under a civil liability insurance contract is property interests associated with the risk of liability of a notary engaged in private practice for obligations arising from causing property damage to a citizen or legal entity applying for a notarial act, and (or) third parties when carrying out notarial activities ;
3) Law of the Russian Federation of April 15, 1993 N 4804-I “On the export and import of cultural property”, in Art. 30 of which it is determined that during the temporary export of cultural property by state and municipal museums, archives, libraries, and other state repositories of cultural property, the application for the temporary export of cultural property is accompanied, among other things, by a document confirming commercial insurance of temporarily exported cultural property, ensuring all cases insurance risks, or a document on state guarantee of financial coverage of all risks, provided by the country receiving cultural property;
4) laws that stipulate the conditions for insurance of civil liability for non-fulfillment or improper fulfillment of obligations under the contract (see Article 932 of the Civil Code of the Russian Federation).

As part of the implementation of the provisions of the commented article, see also the list of applicable legislation specified in the commentary to Art. 927 Civil Code of the Russian Federation.

6. Judicial practice:
- determination of the Supreme Arbitration Court of the Russian Federation dated July 4, 2011 N VAS-7681/11;
- Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 27, 2013 N 20;
- Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2012 N 17;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 28, 2003 N 75;
- resolution of the Federal Antimonopoly Service of the Moscow Region dated August 31, 1998 in case No. KA-A40/2002-98;
- resolution of the Federal Antimonopoly Service of the East Siberian District dated November 17, 2005 in case No. A19-18117/02-25-7-Ф02-5636/05-С2.

Consultations and comments from lawyers on Article 935 of the Civil Code of the Russian Federation

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1. Compulsory insurance is a special means of ensuring public interests provided for by law.

To achieve this goal with the help of compulsory insurance, the following tasks are performed:

Firstly, the prerequisites are created for providing assistance to citizens who find themselves in difficult life situations in the event of harm to their life and health;

Secondly, prerequisites are created for the preservation of property owned by third parties;

Thirdly, prerequisites are created to ensure the stability of civil turnover in cases of harm or failure to fulfill obligations.

Compulsory life and health insurance of citizens (compulsory personal insurance) is established in the following cases:

a) as support for the professional activities of persons whose work is associated with risk (for example, private detectives);

b) to ensure the life and health of citizens in contact with sources of increased danger (for example, passengers).

Mandatory insurance of the property of third parties is provided for in cases where the law imposes such an obligation on persons whose activities are related to the ownership of someone else's property (for example, a pawnshop).

Compulsory civil liability insurance in cases of harm and failure to fulfill obligations is established by law in the following cases:

a) in relation to persons carrying out activities on a professional basis to provide services to third parties (notaries, appraisers, auditors, arbitration managers, etc.);

b) in order to reduce social tension when harm is caused to third parties (for example, as a result of a traffic accident);

c) as a financial guarantee for the proper fulfillment of an obligation (for example, in tourism activities);

2. Compulsory insurance should be carried out only when this is expressly indicated by law, which, in accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation of November 27, 1992 N 4015-1 “On the organization of insurance business in the Russian Federation” must contain provisions defining: insurance subjects; objects subject to insurance; list of insured events; the minimum amount of the insured amount or the procedure for determining it; size, structure or procedure for determining the insurance tariff; term and procedure for payment of insurance premium (insurance contributions); validity period of the insurance contract; procedure for determining the amount of insurance payment; control over the implementation of insurance; consequences of non-fulfillment or improper fulfillment of obligations by insurance entities; other provisions.

3. The law cannot impose on an individual the obligation to insure his life or health, since this would contradict the principle of subjects exercising their rights at their own discretion (Clause 2 of Article 9 of the Civil Code of the Russian Federation).

4. In cases provided for by law or in the manner established by it, legal entities that have economic jurisdiction or operational management of property that is state or municipal property may be required to insure this property in order to ensure the risks of its loss or damage. For example, during the temporary export of cultural property by state and municipal museums, archives, libraries, and other state repositories of cultural property.

In cases where the obligation to insure depends on the will of the parties, the provisions on compulsory insurance do not apply. This also applies to cases where the compulsory nature of insurance, although prescribed by law as a general rule, can be changed at the will of the parties (Articles 343, 637, 742 of the Civil Code of the Russian Federation).

5. The rules on compulsory insurance, adopted in order to implement the provisions of paragraphs 1 and 3 of the commented article, are contained, for example, in such laws as:

1) Federal Law dated April 12, 2010 N 61-FZ “On the circulation of medicines”, in Art. 44 of which provides that an organization that has received permission to organize a clinical trial of a medicinal product for medical use is obliged, as an insurer, to insure the risk of harm to the life and health of the patient as a result of conducting a clinical trial of a medicinal product for medical use at its own expense by concluding a compulsory insurance agreement . In this case, the object of compulsory insurance is the patient’s property interest associated with causing harm to his life or health as a result of a clinical trial of a medicinal product for medical use, and the insured event under the compulsory insurance contract is the death of the patient or deterioration of his health, including constitutes an establishment of disability, if there is a cause-and-effect relationship between the occurrence of this event and the patient’s participation in a clinical trial of a medicinal product;

2) Fundamentals of the legislation of the Russian Federation on notaries dated February 11, 1993 N 4462-1, in Art. 18 of which it is established that a notary engaged in private practice is obliged to enter into an agreement or agreements for insurance of the civil liability of a notary when he carries out notarial activities. A notary has no right to perform his duties and perform notarial acts without concluding an insurance contract. The object of insurance under a civil liability insurance contract is property interests associated with the risk of liability of a notary engaged in private practice for obligations arising from causing property damage to a citizen or legal entity applying for a notarial act, and (or) third parties when carrying out notarial activities ;

1. The law may impose on the persons specified therein the obligation to insure:

life, health or property of other persons specified by law in case of harm to their life, health or property;
the risk of one’s civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one’s life or health cannot be imposed on a citizen by law.

3. In cases provided for by law or in the manner established by it, legal entities that have under economic control or operational management property that is state or municipal property may be required to insure this property.

4. In cases where the obligation to insurance does not follow from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on the constituent document of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.

Commentary on Article 935 of the Civil Code of the Russian Federation

1. Compulsory insurance is characterized by the fact that the law obliges a certain person to act as an insured under a property or personal insurance agreement.

2. In para. 2 p. 1 comment. Art. it is said that it is mandatory to conclude property insurance contracts (Article 930 of the Civil Code) and personal insurance (Article 934 of the Civil Code).

Only life and health insurance of other persons specified by law (insured persons) in the event of harm to their life and health by both the policyholder and third parties can be mandatory. The law cannot establish the obligation to insure one’s life and health (clause 2 of the commentary article). If such a law is adopted, then para. 2 p. 2 art. 3 GK. At the same time, comment. Art. does not prohibit the establishment of compulsory life and health insurance of another person, but at his expense (for example, compulsory life and health insurance of a passenger - clause 2 of Article 936 of the Civil Code).

As a general rule, insurance of property owned by another person may be mandatory. However, by virtue of paragraph 3 of the comment. Art. unitary enterprises (Article 113 of the Civil Code), as well as state and municipal institutions (Article 120 of the Civil Code), in cases provided for by law, must insure property that belongs to them under the right of economic management or operational management.

3. In para. 3 p. 1 comment. Art. it is said that it is mandatory to conclude liability insurance contracts (Articles 931 and 932 of the Civil Code). Only the risk of one's own liability can be insured. Examples of such insurance are compulsory insurance of civil liability of vehicle owners (Article 6 of the Law on Compulsory Motor Liability Insurance) and insurance of liability for damage caused during the operation of a hazardous production facility (Article 15 of the Federal Law of July 21, 1997 N 116-FZ "On the industrial safety of hazardous production facilities" (as amended)) (SZ RF. 1997. N 30. Art. 3588).

4. Often contracts provide for the obligation to insure a particular object. So, for example, according to Art. 742 of the Civil Code, the parties to a construction contract may provide for the obligation to insure the risk of accidental death or accidental damage to a construction project. It is also permissible to conclude a preliminary insurance agreement between the future policyholder and the insurer (Article 429 of the Civil Code). However, the listed cases are not cases of compulsory insurance in the sense of the comment. Art., and the absence of an insurance contract does not entail the consequences provided for in Art. 937 Civil Code. The consequences of failure to fulfill the contractual obligation to conclude an insurance contract are established either by the contract itself or by law (for example, paragraph 2 of Article 490 of the Civil Code).