PROFESSIONAL ASSOCIATION

Article 24. Professional association of insurers

1. The professional association of insurers is the noncommercial organization representing uniform all-Russian professional association, based on a principle of obligatory membership of insurers and operating with a view of maintenance of their interaction and formation of rules of professional work at realization of obligatory insurance.
2. The professional association of insurers is created with the consent of federal enforcement authority on supervision of insurance activity.
The professional association of insurers is created and operates according to positions of the legislation of the Russian Federation, provided concerning associations (unions). The specified positions are applied taking into account the features of the status of professional association of insurers established by the present Federal law.
3. The professional association of insurers is opened for the introduction of new members.
Constituent documents of professional association should contain position about the consent of members of professional association to the introduction into it of the insurance organizations meeting requirements which according to constituent documents of professional association are shown to members of professional association.

Article 25. Functions and powers of professional association of insurers

1. Professional association of insurers:
Provides interaction of the members at realization of obligatory insurance by them, develops and establishes obligatory for the professional

Associations and its members of a rule of professional work also are supervised by their observance;
Represents and protects in public authorities, local governments, other bodies and the organizations the interests connected with realization by members of professional association of obligatory insurance;
Carries out compensatory payments to victims according to constituent documents of professional association and requirements of the present Federal law, and also realizes the rights of the requirement provided by article 20 of the present Federal law;
Carries out other functions provided by constituent documents of professional association according to its purposes and problems.
2. The professional association of insurers has the right:
To form and use the information resources containing data on obligatory insurance, including data on contracts of obligatory insurance and insured events, the personal data about insureds and victims, with maintenance established by the legislation of the Russian Federation of requirements on protection of the information of the limited access;
To carry out protection in court of interests of members of the professional association connected with realization by them of obligatory insurance;
To carry out assigned on it according to the legislation of the Russian Federation of function on information and organizational-technical maintenance of realization of the present Federal law, including the functions connected with activity of members of professional association within the limits of the international systems of insurance.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
The professional association of insurers has the right to carry out other activity provided by its constituent documents according to the purposes defined by the present Federal law.
The professional association can carry out commercial activity only so far as as it serves achievement of the purposes for the sake of which it is created, and corresponding to these purposes.

Article 26. Professional work rules

1. The professional association of insurers establishes rules, obligatory for professional association both its members and containing requirements in the relation:
Order and conditions of consideration by members of professional association of requirements of victims about insurance payments under the contracts of obligatory insurance concluded by other members of professional association, an order and conditions of realization of the specified insurance payments;
Order and conditions of realization by professional association of compensatory payments to victim, including sequences of satisfaction of the specified requirements in case of insufficiency of means of the given professional association, and a distribution order between its members of responsibility under the obligations of professional association connected with realization of compensatory payments;
б.1) agreement conditions between members of professional association of insurers about direct indemnification;
(The subitem "б.1" is entered by the Federal law from 12/1/2007 N 306-FZ)
Order of financing of compensatory payments by members of professional association, measures on control over target use of corresponding means, an order of conducting by account professional association on operations with the means intended for compensatory payments;
Century 1) actions of members of professional association of insurers and registration of documents by them by transfer of an insurance portfolio;
(The subitem "century 1" is entered by the Federal law from 12/1/2007 N 306-FZ)
Formations of information resources of the professional association containing the information of limited access, and also rules of protection of these information resources and using them;
Order of the introduction into professional association of new members and exit or exception of it of members;
Conditions and an order of formation and an expenditure of means of professional association on the purpose others, than financing of compensatory payments, including an order of distribution of corresponding costs, payments, gathering and payments between its members;
) Qualifications of workers;
Documentation, rules of conducting the account and the reporting;
Protection of the rights of insureds connected with obligatory insurance and victims, including an order of consideration of their complaints to actions of members of professional association;
Procedures of carrying out of checks of activity of members of professional association on obligatory insurance and observance of the established rules by them, including Creations of control body and order of acquaintance with results of these checks of other members of professional association, and also requirements about maintenance of an openness of the information for carrying out of such checks;
Sanctions and other measures in relation to members of professional association, their officials and workers, an order of application and the account of such sanctions and other measures, and also control over their execution;
Resolutions of disputes between members of the professional association, arisen by consideration by one of members of professional association of requirements of victims and realization of insurance payments under the contracts of obligatory insurance concluded by other member of professional association, and also other questions of professional work on obligatory insurance;
The rules of professional work connected with activity of professional association of insurers and with activity of its members within the limits of the international systems of insurance and corresponding to requirements shown within the limits of such systems, including a contributory scheme, formations and uses of fund of current obligations, an establishment of insurance tariffs and an order of their application at insurance premium definition;
(Subitem "н" in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Other rules of professional work on the obligatory insurance which establishment is carried to the professional association competence under the decision of its members;
Order of the account, storage, destruction and transfer of forms of insurance policies.
(The subitem "п" is entered by the Federal law from 12/1/2007 N 306-FZ)
1.1. The requirements specified in subparagraphs "and" - "д", "н", "п" point 1 of present article, are established and change professional association of insurers in coordination with the federal enforcement authority which is carrying out functions on development of a state policy and is standard-legal regulation in sphere of insurance activity, others provided by point 1 of present article of the requirement - professional association of insurers under condition of the notice of federal enforcement authority on supervision of insurance activity in the order established by this body.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
2. In case established by professional association of insurers of a rule of professional work break the rights of other persons, including victims, insureds, the insurance organizations which are not entering into professional association, the persons which rights are broken, and the federal enforcement authority on supervision of insurance activity has the right to address with the claim about a recognition of the specified rules void or with the claim about entering into them of changes.
The persons which rights are broken, have the right to demand from professional association of insurers of compensation of the losses caused to it.

Article 26.1. The agreement on direct indemnification

(It is entered by the Federal law from 12/1/2007 N 306-FZ)

1. The agreement on direct indemnification consists between members of professional association of insurers. By such agreement are defined an order and conditions of calculations between the insurer who has carried out direct indemnification, and the insurer who has insured a civil liability of the person who have harmed.
Calculations between the specified insurers can be made by compensation of the sum of the paid losses under each requirement or proceeding from number of the satisfied requirements during the accounting period and the average sums of insurance payments.
Requirements to the agreement on direct indemnification, a procedure of payments between the specified insurers, and also features of accounting on the operations connected with direct indemnification, are established by the federal enforcement authority which is carrying out functions on development of a state policy and is standard-legal regulation in sphere of insurance activity.
2. Constituent documents of professional association of insurers should be provided that agreement undertaking about direct indemnification with all members of such association is an indispensable condition of membership of the insurance organization in professional association of insurers.

 

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