GENERAL PROVISIONS

(The Review of changes of the given document) see With a view of protection of the rights of victims on compensation of the harm caused to their life, health or property at use of vehicles by other persons, the present Federal law legal, economic and organizational bases of obligatory insurance of a civil liability of owners of vehicles (further - obligatory insurance) are defined.

Chapter I. GENERAL PROVISIONS

Article 1. The basic concepts

For the present Federal law following basic concepts are used:
Vehicle - the device intended for transportation on roads of people, cargoes or the equipment established on it;
Vehicle use - the operation of a vehicle connected with its movement within roads (traffic), and also on adjoining to them and the vehicles intended for movement territories (in court yard, in inhabited files, on parking of vehicles, filling stations and other territories). Operation of the equipment established on a vehicle and a vehicle directly not connected with participation in traffic, isn't vehicle use;
The owner of a vehicle - the proprietor of a vehicle, and also the person owning a vehicle on the right of economic conducting or the right of an operational administration or on other lawful basis (the rent right, the power of attorney to the right of management of a vehicle, the order of corresponding body about transfer to this person of a vehicle and so forth). Isn't the owner of a vehicle the person operating a vehicle owing to execution of the office or labor duties, including on the basis of the labor or civil-law contract with the proprietor or other owner of a vehicle;
The driver - the person operating a vehicle. At training it is considered to management of a vehicle of the driver training person;
Suffered - the person, lives, harm has been done to health or which property at vehicle use by other person, including the pedestrian, the driver of a vehicle to whom harm is done, and the passenger of a vehicle - the participant of road and transport incident;
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see Residence (location) of the victim - the residence of the citizen defined according to the civil legislation or the location of the legal person, recognized as victims;
The contract of obligatory insurance of a civil liability of owners of vehicles (further - the contract of obligatory insurance) - the insurance contract on which the insurer undertakes for the payment (insurance premium) caused by the contract at approach of the event (insured event) provided in the contract to compensate victim caused thereof events harm of their life, to health or property (to carry out insurance payment) within the sum defined by the contract (the insurance sum). The contract of obligatory insurance consists in an order and on conditions which are provided by the present Federal law, and is public;
The insured - the person who has concluded with the insurer the contract of obligatory insurance;
The insurer - the insurance organization which has the right to carry out obligatory insurance of a civil liability of owners of vehicles according to the permission (license) which has been given out by federal enforcement authority on supervision of insurance activity in established legislation of the Russian Federation an order;
Insured event - approach of a civil liability of the owner of a vehicle for a life tresspass, to health or property of victims at the vehicle use, involving according to the contract of obligatory insurance a duty of the insurer to carry out insurance payment;
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Insurance tariffs - the price rates established according to the present Federal law, applied by insurers at insurance premium definition under the contract of obligatory insurance and consisting of base rates and factors;
Compensatory payments - payments which are carried out according to the present Federal law in cases if insurance payment on obligatory insurance can't be carried out;
(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see
The representative of the insurer in the subject of the Russian Federation (further - the representative of the insurer) - the isolated division the insurer (branch) in the subject of the Russian Federation, carrying out in the limits of power of the insurer provided by the civil legislation on consideration of requirements of victims about insurance payments and to their realization, or other insurer who is carrying out specified powers at the expense of obligatory insurance which have concluded the contract of the insurer on the basis of the contract with the insurer;

Direct indemnification - compensation of harm to property of the victim, carried out according to the present Federal law the insurer who has concluded with suffered - the owner of a vehicle the contract of obligatory insurance.
(The paragraph is entered by the Federal law from 12/1/2007 N 306-FZ)

Article 2. The legislation of the Russian Federation on obligatory insurance of a civil liability of owners of vehicles

1. The legislation of the Russian Federation on obligatory insurance of a civil liability of owners of vehicles consists of the Civil code of the Russian Federation, the present Federal law, other federal laws and other standard legal certificates of the Russian Federation published according to them.
2. If the international contract of the Russian Federation establishes other rules, than what are provided by the present Federal law, are applied rules of the international contract.

Article 3. Main principles of obligatory insurance

Main principles of obligatory insurance are:
Guarantee of compensation of the harm caused to life, health or property of victims, in the limits established by the present Federal law;

The decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П positions of paragraphs the third and fourth articles 3 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.

Generality and compulsion of insurance of a civil liability owners of vehicles;
Inadmissibility of use in territory of the Russian Federation of the vehicles which owners haven't executed the duty established by the present Federal law on insurance of the civil liability;
Economic interest of owners of vehicles in increase of safety of traffic.

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