CONDITIONS PROCEDURE OBLIGATORY

Article 4. A duty of owners of vehicles on civil liability insurance

1. Owners of vehicles are obliged on conditions and is perfectly in order, which are established by the present Federal law and according to it, to insure risk of the civil liability which can come owing to a life tresspass, to health or property of other persons at use of vehicles.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
The duty on civil liability insurance extends on owners of all used on territory of the Russian Federation of vehicles, except for the cases provided by points 3 and 4 present articles.

The decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П positions of point 2 articles 4 fixing a duty of insurance by owners of vehicles of risk of the civil liability and inadmissibility of use in territory of the Russian Federation of vehicles which owners haven't executed this duty, are recognized by not contradicting the Constitution of the Russian Federation.

2. At occurrence of the right of possession by a vehicle (its acquisition in the property, reception in economic conducting or an operational administration and to that similar) the owner of a vehicle is obliged to insure the civil liability before vehicle registration, but not later than in five days after occurrence of the right of possession of it.
3. The duty on civil liability insurance doesn't extend on owners:
Vehicles, the maximum which constructive speed makes no more than 20 kilometers per hour;
Vehicles on which on their technical characteristics positions of the legislation of the Russian Federation about the admission of vehicles to participation in traffic in territory of the Russian Federation don't extend;
Vehicles of Armed forces of the Russian Federation, other armies, military formations and bodies in which the military service, except for buses, cars and trailers to them, other vehicles used for maintenance of economic activities of Armed forces of the Russian Federation, other armies, military formations and bodies is provided;
(Subitem "in" in ред. The federal law from 6/23/2003 N 77-FZ)
(The text in the previous edition) see
The vehicles registered in the foreign states if the civil liability of owners of such vehicles is insured within the limits of the international systems of insurance of a civil liability of owners of the vehicles, which participant the professional association of insurers operating according to the present Federal law (further - the international systems of insurance is);
(Subitem "г" in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Trailers belonging to citizens to cars.
(The subitem "д" is entered by the Federal law from 12/1/2007 N 306-FZ)
4. The duty on civil liability insurance doesn't extend on the owner of the vehicle which risk of responsibility is insured according to the present Federal law other person (insured).
5. The owners of the vehicles who have insured the civil liability according to the present Federal law, can carry out in addition in the voluntary form insurance on a case of insufficiency of insurance payment on obligatory insurance for a full indemnification of the harm caused to life, health or property of victims, and also on a case of approach of the responsibility which is not concerning insurance risk on obligatory insurance (point 2 of article 6 of the present Federal law).
6. Owners of the vehicles which risk of responsibility isn't insured in the form of obligatory and (or) voluntary insurance, compensate the harm caused to life, health or property of victims, according to the civil legislation.
The persons who have broken the requirements established by the present Federal law about obligatory insurance of a civil liability of owners transport

Means, bear responsibility according to the legislation of the Russian Federation.

Article 5. Rules of obligatory insurance

(The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see

1. The order of realization defined by the present Federal law and other federal laws of the rights and duties of the parties under the contract of obligatory insurance is established by the Government of the Russian Federation in rules of obligatory insurance.
2. Rules of obligatory insurance along with other positions include following positions:
Order of the conclusion, change, prolongation, preschedule termination of the contract of obligatory insurance;
Order of payment of an insurance premium;
The list of actions of persons at realization of obligatory insurance, including at insured event approach;
Order of definition of the size subject to indemnification and realization of insurance payment;
Order of a resolution of disputes on obligatory insurance.
3. In rules of obligatory insurance positions of the present Federal law and other federal laws, defining treaty provisions of obligatory insurance also can contain.


About refusal in acceptance to inquiry consideration about contest of constitutionality of article 6 the Decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П see.

Article 6. Object of obligatory insurance and insurance risk 1. Object of obligatory insurance are the property interests connected with risk of a civil liability of the owner of a vehicle under obligations, arising owing to a life tresspass, to health or property of victims at vehicle use in territory of the Russian Federation.
2. Civil liability approach concerns insurance risk on obligatory insurance under the obligations specified in point 1 of present article, except for cases of occurrence of responsibility owing to:
Tresspasses at use of other vehicle, than what is specified in the contract of obligatory insurance;
Causings of moral harm or duty occurrence on compensation of the missed benefit;
Tresspasses at use of vehicles during competitions, tests or educational driving in places specially taken away for this purpose;
Environmental contaminations;
(In ред. The federal law from 12/30/2008 N 309-FZ)
(The text in the previous edition) see
Tresspasses influence of transported cargo if the risk of such responsibility is subject to obligatory insurance according to the law on a corresponding kind of obligatory insurance;
Tresspasses of life or to health of workers at execution of labor duties by them if this harm is subject to compensation according to the law on a corresponding kind of obligatory insurance or obligatory social insurance;
Duties on compensation to the employer of the losses caused by a tresspass to the worker;
Causings by the driver of harm to a vehicle operated it and the trailer to it transported by them to cargo, the equipment established on them and other property;
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Tresspasses at cargo loading on a vehicle or its unloading;
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Damages or destructions of antiquarian and other unique subjects, buildings and the constructions having historical and cultural value, products from precious metals and precious and semiprecious stones, cash, securities, subjects of religious character, and also products of a science, the literature and art, other objects of intellectual property;
Duties of the owner of a vehicle to compensate harm in a part exceeding the size of responsibility, provided by rules of chapter 59 of the Civil code of the Russian Federation (in case higher size of responsibility is established by the federal law or the contract).
At approach of a civil liability of owners of vehicles in the cases specified in the present point the done harm is subject to compensation by them according to the legislation of the Russian Federation.

Article 7. The insurance sum

(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see

The insurance sum, in which limits the insurer at approach of each insured event (irrespective of their number during period of validity of the contract of obligatory insurance) undertakes to compensate suffered the done harm, makes:
Regarding compensation of the harm caused to life or health of each victim, no more than 160 thousand roubles;
Regarding compensation of the harm caused to property of several victims, no more than 160 thousand roubles;
Regarding compensation of the harm caused to property of one victim, no more than 120 thousand roubles.

Article 8. State regulation of insurance tariffs

1. State regulation of insurance tariffs is carried out by means of an establishment according to the present Federal law of economically well-founded insurance tariffs or their marginal levels, and also structures of insurance tariffs and an order of their application by insurers at insurance premium definition under the contract of obligatory insurance.

The decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П position of the paragraph of first point 2 of article 8, the allocating Government of the Russian Federation power on an establishment of insurance tariffs on obligatory insurance (their marginal levels), is recognized by not contradicting the Constitution of the Russian Federation.

2. Insurance tariffs on obligatory insurance (their marginal levels), structure of insurance tariffs and an order of their application by insurers at insurance premium definition under the contract of obligatory insurance are established by the Government of the Russian Federation according to the present Federal law.
Thus the share of an insurance premium applied at calculation of insurance tariffs and directly intended for realization of insurance and compensatory payments to victims, can't be less than 80 percent from an insurance premium.
3. Period of validity of the established insurance tariffs can't be less than six months.
Change of insurance tariffs doesn't involve insurance premium change under the contract of obligatory insurance during term of its action, paid by the insured under insurance tariffs operating at the moment of payment.
4. Full or partial indemnifications to separate categories of insureds of the insurance premiums paid by them at the expense of increase of insurance premiums for other categories of insureds aren't supposed.
5. The annual statistical data about obligatory insurance is subject to official publication by federal enforcement authority on supervision of insurance activity.

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