INSURERS

Article 21. Insurers

1. The insurer should have in each subject of the Russian Federation of the representative authorized on consideration of requirements of victims about insurance payments and on realization of insurance payments.

The decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П article 2 point 2 as giving the right of reception by the insurer of the license for insurance of a civil liability of owners of vehicles only to those insurance organizations which are included into professional association of insurers, it is recognized by not contradicting the Constitution of the Russian Federation.

2. Insurers should be members of professional association of the insurers operating according to the present Federal law.
3. The necessary requirement to the insurance organization, asking (license) for realization of obligatory insurance of a civil liability
Owners of vehicles, presence at this insurance organization not less than two-year experience of realization of operations on insurance of vehicles or a civil liability of their owners is.
Insurers and their representatives should settle down in the functions adapted for performance premises.
4. The insurer has the right to carry out operations on insurance within the limits of the international systems of insurance under condition of inclusion of this insurer in the list of the insurers who are carrying out operations on insurance within the limits of the international systems of insurance. Conducting the specified list is carried out by professional association of insurers.
(Item 4 is entered by the Federal law from 12/1/2007 N 306-FZ)
5. For inclusion in the list of the insurers who are carrying out operations on insurance within the limits of the international systems of insurance, the insurer should:
To be a member of professional association of insurers;
To bring in the fund of current obligations formed by professional association of insurers according to the present Federal law, a payment in the size equivalent to 500 thousand of euro at a Central Bank rate of the Russian Federation, established on the maturity day.
(Item 5 is entered by the Federal law from 12/1/2007 N 306-FZ)
6. Data on the insurers included in the list of insurers, carrying out operations on insurance within the limits of the international systems of insurance, go to federal enforcement authority on supervision of insurance activity within 30 days from the date of inclusion in the specified list.
(Item 6 is entered by the Federal law from 12/1/2007 N 306-FZ)
7. The professional association of insurers is quarterly obliged to place the list of the insurers who are carrying out operations on insurance within the limits of the international systems of insurance, on the official site in a network "Internet" and to publish in the printing mass media which circulation makes not less than 10 thousand copies.
(Item 7 is entered by the Federal law from 12/1/2007 N 306-FZ)

Article 22. Features of realization by insurers of operations on obligatory insurance

1. The organization of the conclusion of contracts of obligatory insurance and placing of advertizing of services of concrete insurers on obligatory insurance in premises and in the territories occupied with public authorities of the Russian Federation,
Public authorities of subjects of the Russian Federation and local governments, are forbidden.

According to the Federal law from 2/28/2009 N 30-FZ since January, 1st, 2010 article 22 point 2 will be stated in a new wording:
"2. In case at realization of obligatory insurance the difference between incomes and expenses of the insurer for the first quarter, the half-year, nine months, calendar year (the accounting period) exceeds 5 percent from the specified incomes, the excess sum goes the insurer on formation of an insurance reserve for indemnification of expenses on realization of insurance payments and direct indemnification to the subsequent periods (a stabilization reserve on obligatory insurance) before achievement by the given reserve of the size equal to 10 percent of the size of an insurance reserve occurred, but not declared losses, generated by the insurer for realization of insurance payments on obligatory insurance (a reserve occurred, but not declared losses on obligatory insurance) on the end of the accounting period.

2. In case at realization of obligatory insurance the difference between incomes and expenses of the insurer for a year exceeds 5 percent from the specified incomes, the excess sum goes the insurer on formation of an insurance reserve for indemnification of expenses on realization of insurance payments and direct indemnification to the subsequent periods.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
3. At realization of obligatory insurance insurers form:
Reserve for financial maintenance of the compensatory payments provided by subparagraphs "and" and of point 1 and point 2 of article 18 of the present Federal law (a reserve of guarantees);
(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see
Reserve for financial maintenance of the compensatory payments made according to subparagraphs "in" and "г" of point 1 of article 18 of the present Federal law (a reserve of current compensatory payments).
(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see
The sizes of deductions in a reserve of guarantees and a reserve of current compensatory payments are established according to structure of insurance tariffs.
 

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