Federal Law 225 on compulsory insurance, as amended. Safety of dangerous objects
20.07.2018
Federal Law of July 27, 2010 N 225-FZ (as amended on June 23, 2016) "On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility"
Chapter 1. GENERAL PROVISIONS
Article 1. Relations regulated by this Federal Law
1. This Federal Law regulates relations related to compulsory insurance of civil liability of the owner of a dangerous facility for damage caused by an accident at a hazardous facility (hereinafter referred to as compulsory insurance).
2. This Federal Law does not apply to relations arising as a result of:
1) causing harm outside the territory of the Russian Federation, as well as other territories over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation and international law;
(as amended by Federal Law dated March 4, 2013 N 22-FZ)
2) use of nuclear energy;
3) causing harm to the natural environment.
Article 2. Basic concepts
For the purposes of this Federal Law, the following basic concepts apply:
1) victims - individuals, including employees of the insured, whose life, health and (or) property, including in connection with the violation of their living conditions, were harmed as a result of an accident at a hazardous facility, legal entities whose property was damaged as a result accidents at a dangerous facility. The provisions of this Federal Law applied to the victim - an individual, also apply to persons entitled, in accordance with civil law, to compensation for damage as a result of the death of the victim (breadwinner);
2) accident at a hazardous facility - damage or destruction of structures, technical devices used at a hazardous facility, explosion, release of hazardous substances, failure or damage to technical devices, deviation from the technological process mode, discharge of water from a reservoir, liquid waste from industrial and agricultural organizations, which arose during the operation of a dangerous object and resulted in harm to victims;
3) violation of living conditions - a situation that arose as a result of an accident at a dangerous facility and in which it is impossible for people to live in a certain territory due to death or damage to property, a threat to their life or health;
4) owner of a dangerous object - a legal entity or individual entrepreneur who owns a dangerous object by right of ownership, right of economic management or right of operational management or on another legal basis and operates a dangerous object;
5) operation of a hazardous facility - putting a hazardous facility into operation, use, maintenance, conservation, liquidation of a hazardous facility, as well as manufacturing, installation, adjustment, maintenance and repair of technical devices used at a hazardous facility;
6) the insured is the owner of a dangerous facility who has entered into a compulsory insurance contract for civil liability for causing harm to victims as a result of an accident at a hazardous facility (hereinafter referred to as the compulsory insurance contract);
7) insurer - an insurance organization that has a license to carry out compulsory insurance, issued in accordance with the legislation of the Russian Federation;
8) insurance amount - the amount of money within which the insurer undertakes to make insurance payments to victims upon the occurrence of each insured event, regardless of their number during the validity period of the compulsory insurance contract;
9) insurance tariff - the rate of insurance premium per unit of sum insured, taking into account the technical and design characteristics of a dangerous object;
10) act on the causes and circumstances of the accident - a document drawn up in accordance with the legislation on industrial safety of hazardous production facilities, legislation on the safety of hydraulic structures, legislation in the field of protection of the population and territories from emergency situations, containing information on the causes and circumstances of the accident, other information and included in the list of relevant documents provided for by the rules of compulsory insurance;
11) insurance act - a document drawn up by the insurer and containing information about its consideration of the claim for insurance payment, including the presence or absence of an insured event, about the victim and the amount of insurance payment due to him or about the grounds for refusal of insurance payment;
12) compensation payments - payments made by a professional association of insurers to compensate for harm caused to the victim in cases established by this Federal Law.
The social orientation of OSOPO is achieved through guarantees of compensation for harm caused to the life, health and property of victims, including cases associated with violation of living conditions.
- What is the basis of insurance according to 225-FZ?
Insurance is a mandatory condition when putting a dangerous facility into operation.
- Who bears the obligations under OOOPO?
- Who needs liability insurance if the property is leased?
This responsibility rests with the person who carries out direct exploitation.
- Is it necessary to renew the insurance contract if the owner of the property changes?
There is no such need if the new owner notifies the insurance company of the change of ownership within a month.
- The procedure for determining the insured amount.
- Which persons are taken into account when calculating the sum insured?
Absolutely everyone was affected by the emergency.
- How is the insurance amount determined in the absence of a declaration at the site?
In this case, the insured amount is determined depending on the probable number of victims, which is determined according to the methodology.
- Does the number of probable victims have to match the number of personnel?
No. These values may vary in one direction or the other, depending on the scale of the spread of damaging effects.
- Insurance rates.
- Is there a difference in tariffs among insurance companies?
No. Tariffs are the same for all insurance companies.
- What is the cost of doing business with an insurance company?
- What amount is deducted to the compensation fund?
- The occurrence of an insured event. Insurance payments.
- What is the procedure for informing the insurance company about the occurrence of civil liability of the owner of a dangerous object?
Information about the accident that occurred is sent to the insurance company by the policyholder within 24 hours. More detailed data is provided to the insurer during the investigation period.
- What should a victim do if he or she receives harm as a result of an emergency?
The first step is to organize harm reduction activities. Next, you need to find out whether the owner’s liability is insured in accordance with Federal Law-225. If the answer is positive, you must contact the insurer to receive insurance payment. Otherwise, the victim should contact the National Union of Liability Insurers.
- Does a contract under which all funds have been spent on insurance payments continue to be valid?
The validity of the contract continues, since the insured amount is determined for each individual insured event.
It does not work Editorial from 27.07.2010
| Name of document | FEDERAL LAW of July 27, 2010 N 225-FZ "ON COMPULSORY CIVIL LIABILITY INSURANCE OF THE OWNER OF A DANGEROUS OBJECT FOR CAUSED HARM RESULTING FROM AN ACCIDENT AT A DANGEROUS OBJECT" |
| Document type | law |
| Receiving authority | President of the Russian Federation, State Duma of the Russian Federation, Federation Council of the Russian Federation |
| Document Number | 225-FZ |
| Acceptance date | 02.08.2010 |
| Revision date | 27.07.2010 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW of July 27, 2010 N 225-FZ "ON COMPULSORY CIVIL LIABILITY INSURANCE OF THE OWNER OF A DANGEROUS OBJECT FOR CAUSED HARM RESULTING FROM AN ACCIDENT AT A DANGEROUS OBJECT"
The insurer has the right to submit a recourse claim within the limits of the insurance payment made to the policyholder if:
1) the damage was caused as a result of the insurer’s failure to comply with the orders (instructions) of the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous production facilities or hydraulic structures, and (or) the federal executive body authorized to make the decision tasks in the field of protecting the population and territories from emergency situations, given in accordance with their competence;
2) intentional actions (inaction) of the insured’s employee resulted in harm to victims, including as a result of a controlled explosion, release of hazardous substances, discharge of water from a reservoir, liquid waste from industrial and agricultural organizations.
Chapter 3. COMPENSATION PAYMENTS1. Compensation payments to compensate for harm caused to injured individuals are made in cases where insurance payment under compulsory insurance cannot be made due to:
2) revocation of the insurer’s license to carry out insurance activities;
3) the unknown person responsible for the harm caused to the victim;
4) the absence of a compulsory insurance contract under which the civil liability of the person who caused the harm is insured, due to his failure to fulfill the insurance obligation established by this Federal Law.
2. Compensation payments to compensate for damage caused to injured legal entities are made in cases where insurance payment under compulsory insurance cannot be made due to:
1) carrying out in relation to the insurer the procedure applied in an insolvency (bankruptcy) case and provided for by federal law;
2) revocation of the insurer’s license to carry out insurance activities.
3. The limitation period for claims for compensation payments is three years. The limitation period for the said claim begins on the date of occurrence of the grounds provided for in parts 1 and 2 of this article.
1. Based on the claims of victims, compensation payments are made by a professional association of insurers in accordance with this Federal Law. Consideration of claims of victims for compensation payments, compensation payments and the exercise of the right of claim provided for in Article 16 of this Federal Law can be carried out by insurers acting at the expense of a professional association of insurers on the basis of contracts concluded with it.
2. The rules established by this Federal Law for relations between the victim and the insurer under a compulsory insurance contract are applied by analogy to the relationship between the victim and the professional association of insurers regarding compensation payments.
3. Compensation payments are set in the amount of:
1) two million rubles - in terms of compensation for damage to persons who suffered damage as a result of the death of each victim (breadwinner);
2) expenses incurred, but not more than 25 thousand rubles - to compensate for the funeral expenses of each victim;
3) damage caused, but not more than two million rubles - in terms of compensation for damage caused to the health of each victim;
4) damage caused, but not more than 200 thousand rubles - in terms of compensation for damage caused in connection with the violation of the living conditions of each victim;
5) damage caused, but not more than 360 thousand rubles - in terms of compensation for damage to the property of each individual victim, with the exception of damage in connection with violation of living conditions;
6) damage caused, but not more than 500 thousand rubles - in terms of compensation for damage to the property of each victim - a legal entity.
4. Compensation payments are reduced by an amount equal to the amount of partial compensation for damage made by the insurer and (or) the policyholder.
1. The amount of compensation payment made to the victim in accordance with paragraphs 3 and 4 of part 1 of Article 14 of this Federal Law is recovered by way of recourse upon the claim of a professional association of insurers from the person responsible for the harm caused to the victim. The professional association of insurers also has the right to demand that the said person reimburse the expenses incurred to consider the victim’s claim for compensation.
2. Within the limits of the amount of compensation payment made to the victim in accordance with paragraphs 1 and 2 of part 1 and part 2 of Article 14 of this Federal Law, the right to claim insurance payment for compulsory insurance that the victim has with the insurer is transferred to the professional association of insurers.
Chapter 4. PROFESSIONAL ASSOCIATION OF INSURERS1. A professional association of insurers is a non-profit organization that is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating to ensure their interaction and the formation of standards and rules of professional activity in the implementation of compulsory insurance.
2. An association of insurers acquires the status of a professional association of insurers from the date information about it is entered by the federal executive body, whose competence includes the exercise of control and supervision functions in the field of insurance activities (insurance business), into the register of associations of insurance business entities as a professional association of insurers .
3. A professional association of insurers carries out its activities in accordance with the provisions of the legislation on non-profit organizations provided for in relation to associations (unions), taking into account the features of the status of a professional association of insurers established by this Federal Law.
4. The professional association of insurers is open for new members to join.
1. Professional association of insurers:
1) ensures the interaction of its members when they carry out compulsory insurance, develops and establishes standards and rules of professional activity that are mandatory for the professional association of insurers and its members and monitors their compliance;
2) in order to implement compulsory insurance and organize the exchange of information about compulsory insurance, processes personal data of victims, generates and uses information resources containing information about compulsory insurance, including information about accidents, dangerous objects, owners of dangerous objects, compulsory insurance contracts , insured events and victims, ensuring the requirements established by the legislation of the Russian Federation for the protection of personal data and restricted information;
3) represents and protects in government bodies, local self-government bodies, other bodies and organizations interests related to the implementation by members of the professional association of compulsory insurance insurers;
4) makes compensation payments in accordance with the requirements of this Federal Law, and also exercises the right of claim provided for in Article 16 of this Federal Law;
5) controls the timeliness and validity of insurance and compensation payments to victims;
7) performs other functions provided for by the constituent documents of the professional association of insurers in accordance with its goals and objectives.
2. A professional association of insurers has the right to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.
1. A professional association of insurers establishes standards and rules of professional activity that are mandatory for its members and contain requirements in relation to:
1) the procedure and conditions for the professional association of insurers to make compensation payments and the procedure for distributing responsibility among the members of the professional association of insurers for the obligations of the professional association of insurers related to the implementation of compensation payments;
2) the procedure for financing compensation payments by members of the professional association of insurers, measures to control the intended use of relevant funds, the procedure for keeping records by the professional association of insurers of transactions with funds intended for compensation payments;
3) the procedure for determining the harm that may be caused as a result of an accident at a hazardous facility, the maximum possible number of victims and the safety level of the hazardous facility;
4) the formation of information resources of a professional association of insurers containing limited access information, as well as rules for the protection of these information resources and their use;
5) the procedure for joining, leaving, and expulsion from a professional association of insurers;
6) the procedure and conditions for the formation and expenditure of funds of a professional association of insurers for purposes other than financing compensation payments, including the procedure for distributing relevant costs, payments, fees and contributions between members of the professional association of insurers;
7) qualifications of employees;
8) protection of the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints against the actions of members of the professional association of insurers;
9) procedures for conducting inspections of the activities of members of a professional association of compulsory insurance insurers and their compliance with established standards and rules of professional activity, including the creation of a control body and the procedure for familiarizing other members of the professional association of insurers with the results of these inspections, as well as requirements for ensuring openness of information for carrying out such checks;
10) sanctions and other measures applied to members of the professional association of insurers, their officials and employees, the procedure for applying and recording such sanctions and measures, as well as monitoring their implementation;
11) resolution of disputes between members of a professional association of insurers arising in the implementation of compulsory insurance;
12) other standards and rules of professional activity in compulsory insurance, the establishment of which is within the competence of the professional association of insurers by decision of its members.
2. Standards and rules of professional activity containing the requirements specified in paragraphs 1, 2, 4, 5 and 8 of part 1 of this article are established and amended by the professional association of insurers after prior agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities.
3. Standards and rules of professional activity containing the requirements specified in paragraph 3 of part 1 of this article are established and amended by the professional association of insurers after prior agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities , a federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations, and a federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of relevant hazardous production facilities or hydraulic structures.
4. If the standards and (or) rules of professional activity established by a professional association of insurers violate the rights of other persons, including victims, policyholders, insurance organizations not included in the professional association of insurers, the persons whose rights have been violated have the right to go to court with a claim for recognition of the specified standards and (or) rules as invalid or with a claim for amendments to them.
1. The constituent documents of a professional association of insurers must establish its obligation to make, in cases provided for by this Federal Law, compensation payments and the subsidiary liability of members of the professional association of insurers for the corresponding obligations of the professional association of insurers.
2. The claims of victims for compensation payments provided for in parts 1 and 2 of Article 14 of this Federal Law are satisfied by the professional association of insurers at the expense of funds sent by members of the professional association of insurers from the reserve to finance compensation payments, as well as funds received from the implementation by the professional association of insurers of the right requirements provided for in Article 16 of this Federal Law.
3. Members of a professional association of insurers, established in accordance with Part 1 of this article, bear the subsidiary liability for the obligations of the professional association of insurers in terms of making compensation payments provided for in Parts 1 and 2 of Article 14 of this Federal Law, in proportion to the amount of funds allocated to the reserve for financing compensation payments. .
1. The property of a professional association of insurers is formed through:
1) property transferred to the professional association of insurers by its founders in accordance with the constituent agreement of the professional association of insurers;
2) entrance fees, membership fees, targeted contributions and other obligatory payments paid to the professional association of insurers by its members;
3) funds received from the implementation of the right of claim provided for in Article 16 of this Federal Law;
4) voluntary contributions;
5) funds received from other sources.
2. Funds intended to finance compensation payments are separated from other property of the professional association of insurers. These funds are reflected on separate balance sheets of the professional association of insurers, and separate records are kept for them. For settlements of compensation payments, a professional association of insurers opens a separate bank account.
3. Funds received by a professional association of insurers from the exercise of the right of claim provided for in Article 16 of this Federal Law are used to finance compensation payments.
4. The financial activities of a professional association of insurers are subject to mandatory annual audits. An independent audit organization and the terms of the agreement that a professional association of insurers is obliged to conclude with it are approved by the general meeting of members of the professional association of insurers.
5. The annual report and annual balance sheet of a professional association of insurers, after their approval by the general meeting of members of the professional association of insurers, are subject to annual publication.
The amount and procedure for payment by members of a professional association of insurers of contributions and other obligatory payments are established by the general meeting of members of the professional association of insurers in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association of insurers.
1. In order to ensure the financial stability of insurance operations for compulsory insurance, members of a professional association of insurers form a reinsurance pool to reinsure the risks of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility.
2. The agreement on the reinsurance pool must, in particular, establish the rights and obligations of the pool participants, the procedure for distributing risks accepted by the pool among the pool participants, the conditions for joint liability of the pool participants, the conditions for reinsurance in the pool and reinsurance by the pool, the procedure for conducting business by the pool, issues of mutual settlements between pool participants on insurance premiums, insurance payments and other costs, the procedure for resolving disagreements and disputes between pool participants.
3. The reinsurance pool is not allowed to accept risks for types of insurance other than compulsory insurance.
4. Except for cases of reinsurance on behalf of the pool in accordance with the agreement on the reinsurance pool, members of a professional association of insurers are obliged to reinsure in the pool the risk of insurance payment accepted by them under a compulsory insurance agreement, and do not have the right to reinsure this risk with other insurers (in other pools) .
association of insurers operating on the basis of this Federal Law.1. The specifics of the formation of insurance reserves for compulsory insurance are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of insurance activities.
2. When carrying out compulsory insurance, insurers make deductions from insurance premiums to a reserve to finance compensation payments provided for in parts 1 and 2 of Article 14 of this Federal Law. The amount of contributions to the reserve for financing compensation payments is established in accordance with the structure of insurance tariffs.
1. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, at the request of a professional association of insurers, are obliged to provide free information available to them (including confidential information) about dangerous objects, about the owners of dangerous objects, and at the request of insurers and the professional association of insurers - information (including confidential) related to insured events under compulsory insurance or to the events that served as the basis for victims to submit claims for compensation payments. The federal executive body, which, within its competence, carries out the functions of control and supervision in the field of safety of relevant hazardous production facilities or hydraulic structures, and the federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations, also provide insurers with their requests for information about dangerous objects with the owners of which these insurers have concluded compulsory insurance agreements.
2. The federal executive body, exercising, within its competence, the functions of control and supervision in the field of safety of relevant hazardous production facilities or hydraulic structures, and the professional association of insurers are obliged to provide free information at the request of citizens, legal entities, state authorities and local governments about an insurer that has entered into a contract of compulsory liability insurance for the owner of a specific dangerous object. If an accident occurs at a hazardous facility, such information is provided immediately.
Control over the fulfillment by the owner of a dangerous object of the obligation for compulsory insurance established by this Federal Law is carried out by the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous production facilities or hydraulic structures, and by the federal executive body authorized to make decisions tasks in the field of protecting the population and territories from emergency situations, within their competence.
Disputes related to compulsory insurance carried out in accordance with this Federal Law are resolved by a court, arbitration or arbitration court in accordance with their competence.
7. Until January 1, 2016, the minimum values of the additional reduction factor established by the insurer are set in the following amounts:
8. In relation to hazardous facilities that are state or municipal property and the operation of which is financed in whole or in part from the relevant budgets, elevators and escalators in apartment buildings, the provisions of this Federal Law apply from January 1, 2013.
The president
Russian Federation
D.MEDVEDEV
Moscow Kremlin
The website "Zakonbase" presents the FEDERAL LAW of July 27, 2010 N 225-FZ "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF THE OWNER OF A DANGEROUS OBJECT FOR CAUSED HARM RESULTING FROM AN ACCIDENT AT A DANGEROUS OBJECT" in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
On the Zakonbase website you will find the FEDERAL LAW of July 27, 2010 N 225-FZ "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF THE OWNER OF A DANGEROUS OBJECT FOR HARM CAUSED AS A RESULT OF AN ACCIDENT AT A DANGEROUS OBJECT" in the latest and full version, in which All changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, you can download the FEDERAL LAW of July 27, 2010 N 225-FZ “ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF THE OWNER OF A DANGEROUS OBJECT FOR CAUSED HARM RESULTING FROM AN ACCIDENT AT A DANGEROUS OBJECT” can be completely free, both in full and in separate chapters.
Accidents often occur at enterprises with hazardous facilities. This can lead to serious consequences, as a result of which employees at the enterprise itself, as well as civilians, may suffer. The owner of a dangerous object at an enterprise does not have the right to operate it without insuring his liability under Federal Law 225 on insurance.
Federal Law No. 225 “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility” was adopted on July 27, 2010. This law regulates emerging relations that are associated with insurance of liability of owners (legal entity or individual entrepreneur) for harm to the health and life of people as a result of accidents at the enterprise.
The federal law consists of 5 chapters and 29 articles:
- general provisions describing basic terms, payments made under insurance, a set of rules for compulsory liability insurance, etc.;
- liability insurance agreement, which describes the rights and responsibilities of the policyholder and the insurer;
- making compensation payments;
- professional association of insurers;
- final provisions.
The latest edition is dated June 23, 2016, changes and additions came into force on December 21 of the same year. However, certain provisions of Federal Law No. 225 on compulsory liability insurance will come into force on September 11, 2017.
Download 225-FZ on compulsory civil liability insurance
You can download Federal Law-225 “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility.”
The need to adopt such a bill arose after serious accidents occurred at enterprises that resulted in the death of people. Also, as a result of the fatal operation of a hazardous facility, damage to the environment may be caused. In this regard, it was decided to adopt a law on liability insurance for hazardous production facilities, which are a source of increased threat to others.
Amendments to the Federal Law on Insurance 225
The latest version of the law on civil liability insurance was published on June 23, 2016. Let's take a closer look at exactly what changes have been made to different articles of the current law.
Article 16
Article 16 was amended to parts 2 and 2.1 and they came into force on December 21, 2016. The above article describes the procedure for collecting the total amount of compensation payments.
By way of recourse, the compensation paid to the injured person can be recovered from the culprit of the accident. The professional association of insurers files a claim. Also, this association has the right to request compensation for losses incurred for considering the application of the injured person to receive compensation.
Within the total amount of compensation received by the victim, the association of insurers is given the right to request monetary compensation for insurance, which the victim could present to the insurer. This is done no later than the closing date of the register of declared claims of the creditor.
The trade union of insurers has the opportunity to demand from the insurer, under Federal Law-127, the amount for payment of compensation, after the registry of announced creditor claims is closed. The trade union association of insurers has the opportunity to demand the missing share of assets when transferring the insurance portfolio for the implementation of compulsory liability insurance.
Article 7
Article 7 of the Federal Law “On civil liability insurance of owners of dangerous
objects" part 8.1 was added. The article talks about insurance premiums and tariffs.
The insurance premium is the product of the sum insured and the tariff. The liability insurance agreement determines the policyholder's ability to pay the insurance premium in installments. It is considered that the policyholder has fulfilled his payment obligations when the money arrives in the insurer's bank account.
The Bank of the Russian Federation establishes insurance rates, their minimum and maximum values, their order and structure. Insurance rates must be justified from an economic point of view. The share of the insurance premium must be at least 80%.
The validity period of these tariffs is at least 1 year. If adjustments were made within their validity period, then the insurance premium under the compulsory liability insurance agreement remains unchanged.
Insurance rates include a ratio and a base rate. The latter is installed according to the characteristics of the hazardous facility - technical and constructive. The coefficient is introduced according to the absence and presence of insured events that occurred as a result of violation by the insured of the rules for using a dangerous object. The coefficient should be from 0.6 to 1.
The insurer, under an agreement on compulsory liability insurance, can use an additional reduced indicator (coefficient), which is determined in accordance with the degree of safety of the hazardous facility.
Part 8.1 states that the insurance premium is calculated when certain information about an accident at an enterprise is recorded in the information system of the federal executive service, which exercises safety control at hazardous production facilities.
Article 18
Here, adjustments have been made to paragraph 2, part 1. The article describes the functions and responsibilities of the trade union association of insurers:
- develops and determines standards and a set of rules for the implementation of compulsory liability insurance, and also monitors their implementation;
- implements the collection, storage, application and transmission of data on compulsory liability insurance. In addition, it provides information about man-made accidents, hazardous production facilities, owners of hazardous production facilities, affected persons, etc.;
- protects the interests of insurers;
- pays compensation under compulsory liability insurance;
- exercises control over the payment of insurance and compensation to victims on time;
- publishes standards and codes of practice that relate to the rights of affected persons;
- is engaged in the transfer of information about signed, extended or expired agreements on compulsory liability insurance;
- publishes on the official website or on the Internet information for injured persons about the insurer, the insured event and the procedure for receiving compensation.
Article 26
In Art. 26 an addition was introduced in the form of part 3. The current article describes information interaction. The following higher authorities must provide free information to the trade union of insurers about hazardous production facilities and their owners:
- federal executive service;
- executive body of the subject;
- local government bodies.
Information is provided to insurers and the trade union of insurers about the occurrence of insured events. Information is also provided on compulsory liability insurance agreements with owners of hazardous production facilities.
The Federal Executive Service and the trade union of insurers must provide free information to legal entities, individuals, local governments, etc. about the insurer that has entered into an agreement on liability insurance.
Interaction between the IS of the trade union of insurers and the federal executive service is carried out using SMEV.
On March 09, 2016, signed by the President of the Russian Federation and officially published on the Internet portal of legal information (publication number - 0001201603090046) Federal Law of March 9, 2016 No. 56-FZ. The document amended the Federal Law of July 27, 2010 No. 225 “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility.”
Article 2 of the new law establishes that it comes into force 180 days after its official publication - that is, September 6, 2016.
Certain provisions of the document related to the operation of the unified system of interdepartmental electronic interaction and the connection of the NSSO to it (clause “c” of clause 5, clauses “b” and “d” of clause 14, clause “b” of clause 16 of Article 1 of Federal Law No. 56 of 03/09/2016), will come into force 550 days after the official publication of the law - that is, September 11, 2017.
Federal Law No. 56 dated 03/09/2016 also establishes that before connecting the NSSO information system to the unified system of interdepartmental electronic interaction (but no later than 09/11/2017), the exchange of information from the professional association of insurers with supervisory authorities (Rostechnadzor, Ministry of Emergency Situations, local government bodies) is carried out on based on agreements concluded between these structures.
Part 4 of Article 2 of Federal Law No. 56 specifically stipulates that the provisions of this regulatory act apply only to legal relations that arose from contracts of compulsory insurance of hazardous facilities concluded “after the day this Federal Law entered into force.”
What changes have been made to the law on insurance of dangerous objects?
Basic concepts (Article 2)The new edition of Federal Law No. 225 clarifies the basic concepts, namely:
1. “Victim” - now these are “individuals, including employees of the insured, whose life, health and (or) property, including in connection with the violation of their living conditions, were harmed as a result of an accident at a hazardous facility, legal entities, property who suffered harm as a result of an accident at a hazardous facility. The provisions of this Federal Law applicable to the victim - an individual, also apply to persons entitled to receive insurance payment or compensation payment in the event of the death of the victim. Such persons include persons who have the right, in accordance with civil law, to compensation for damage as a result of the death of the victim (breadwinner), in the absence of such persons - the spouse, parents, children of the deceased, persons who depended on the victim, and in relation to compensation for necessary funeral expenses - persons who actually incurred such expenses. In this case, the circle of persons entitled to insurance compensation in the event of the death of the victim has been expanded - now these are not only dependents, but also close relatives (including guardians).
2. “Accident at a hazardous facility” - now such an incident is also recognized as “leakage of hazardous substances and collapse of rocks (mass).”
3. “Operation of a dangerous object” - now this also applies to technical re-equipment and overhaul dangerous object.
4. “Insured” - now this is “the owner of a dangerous object or the person specified in Part 1 of Article 4 of this Federal Law (we are talking about those responsible for concluding the FOPS agreement for hazardous objects in an apartment building - we will talk about this change later), who have entered into a contract of compulsory insurance of civil liability for causing harm to victims as a result of an accident at a dangerous facility (hereinafter referred to as the compulsory insurance contract).
5. “Act on the causes and circumstances of the accident” - now this is “a document drawn up in accordance with the legislation on industrial safety of hazardous production facilities, legislation on the safety of hydraulic structures, legislation in the field of protection of the population and territories from emergency situations, acts of the Government of the Russian Federation on the issues of conducting a technical investigation of the causes of accidents at hazardous facilities, regulatory legal acts in the field of labor protection, or another document drawn up by the body authorized to investigate the causes and circumstances of an accident at a hazardous facility, containing information about the causes and circumstances of the accident, other information and included to the list of relevant documents provided for by the rules of compulsory insurance.”
Implementation of compulsory insurance (Article 4)
The new version of Federal Law No. 225 defines a list of persons responsible for insuring dangerous objects in an apartment building (amendments to Part 1 of Article 4).
So, if we are talking about elevators, lifting platforms for the disabled, then they must be insured (conclude an OSOPO agreement, act as insurers) by organizations that manage an apartment building in accordance with the requirements of the Housing Code of the Russian Federation. It is specifically stipulated that “in the case of direct management of an apartment building by the owners of the premises in such a building,” the elevators must be insured by the organization performing maintenance, major repairs and modernization of these hazardous facilities on the basis of an agreement concluded with the owners of the premises in such a building.
If we are talking about hazardous production facilities as part of an apartment building (for example, gas boiler houses), then they must be insured organization operating a hazardous facility. That is, the legal entity for which this hazardous production facility is registered in the register of hazardous production facilities.
Moreover, these persons bear full responsibility for violation of the norms and requirements of Federal Law No. 225 in accordance with the legislation of the Russian Federation (Article 9.19 of the Code of Administrative Offenses of the Russian Federation).
Dangerous objects (Article 5)
Passenger conveyors (moving pedestrian walkways) - the so-called travelators - have been added to the number of dangerous objects that are subject to compulsory insurance. Changes have been made to paragraph 4 of part 1 of article 5 of Federal Law No. 225.
Sum insured and maximum amount of insurance payment to the victim (Article 6)
In the new version of the law on OOOPO, the amount of insurance amounts has changed in relation to hazardous facilities for which the mandatory development of an industrial safety declaration or a hydraulic structure safety declaration is not required (changes to paragraph 2 of part 1 of article 6).
Thus, for coal mines, if the maximum possible number of victims whose life or health may be harmed as a result of an accident is more than 50 people, the insured amount is 100 million rubles.
For hazardous production facilities of the chemical, petrochemical, oil refining industries and special chemical facilities, as well as for coal mines, if the maximum possible number of victims does not exceed 50 people, the insured amount is set at 50 million rubles.
For gas consumption networks and gas distribution networks, including inter-settlement ones, as well as for other dangerous objects, the insured amounts remained the same - 25 million and 10 million rubles, respectively.
Article 6 of Federal Law No. 225 is supplemented by Part 1.1, which establishes the amount of the insurance amount for coal mines for which the development of an industrial safety declaration is required. It cannot be less than 50 million rubles.
The maximum amount of insurance payments has been increased (changes to Part 2 of Article 6):
- For damage caused to the property of individuals (except for damage caused in connection with violation of living conditions) - from 360 thousand to 500 thousand rubles.
- For damage caused to the property of legal entities - from 500 thousand to 750 thousand rubles.
In the new edition of Federal Law No. 225, Part 3 of Article 7 on the establishment of tariffs for insurance of dangerous objects has been adjusted:
| Was | It became |
| 3. Insurance rates, the structure of insurance rates and the procedure for their application when calculating the insurance premium are established by the Bank of Russia in accordance with this Federal Law. | 3. Insurance rates or their maximum (maximum and minimum) values, the structure of insurance rates, including the maximum amount of deductions for financing compensation payments, the procedure for applying insurance rates by insurers when determining the insurance premium under a compulsory insurance contract are established by the Bank of Russia in accordance with this Federal Law and mandatory for use by insurers. |
The mention of the maximum and minimum values of insurance tariffs suggests that the Bank of Russia will be given the right to establish a kind of tariff corridor. This will ensure price competition among insurers when concluding FOPO contracts.
The coefficient depending on the damage that can be caused as a result of an accident at a hazardous facility and the maximum possible number of victims has been excluded from the insurance tariff structure. The new edition contains Part 8 of Article 7:
| Was | It became |
| 8. Insurance tariff coefficients are set depending on: 1) the harm that may be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims; 2) the absence or presence of insured events that occurred during the period of validity of the previous compulsory insurance contract due to the violation by the insured of the rules and regulations for the operation of a dangerous facility established by the legislation of the Russian Federation. |
8. Insurance rate coefficients are established depending on the absence or presence of insured events that occurred during the period of validity of the previous compulsory insurance contract due to violation by the insured of the norms and rules of operation of a hazardous facility established by the legislation of the Russian Federation. |
In addition, now, in order to calculate the insurance premium, information about violations by the insured of the rules and regulations for the operation of a dangerous facility, which led to the occurrence of an insured event and are recorded in the act on the causes and circumstances of the accident, is entered into the information system of the federal executive body exercising control and supervision in the area safety of relevant hazardous facilities (Rostechnadzor, Ministry of Emergency Situations). Thus, the owner of a dangerous facility will not be able to hide the facts of accidents and incidents from the insurance company in order to receive a discount on the issuance of a policy.
Amounts and procedure of insurance payments (Article 8)
Now not only dependents, but also close relatives of the said person - spouse, parents, children of the deceased, his guardians (changes to paragraph 1 of part 2 of Article 8) can count on an insurance payment in the event of the death of a victim (2 million rubles).
In addition, the insurance payment under the contract for the insurance of a hazardous facility for causing harm to the life or health of the victim (previously, in part 4 of Article 8 only the case of death was mentioned) “is carried out regardless of payments due under other types of insurance, including compulsory social insurance” .
Article 8 has been supplemented with part 6.1. According to this section of the document, a victim who has suffered harm due to a violation of living conditions can count (on the basis of a submitted application) on an insurance payment “in the amount of 800 rubles for each day of the actual period of violation of living conditions,” until it is proven that the victim’s expenses correspond greater compensation. It is also noted that “based on the documents submitted by the victim and confirming the actual expenses incurred, the insurer makes an additional payment.” In this case, the total amount of insurance payment cannot exceed 200 thousand rubles.
The new version of Part 7 of Article 8 establishes that documents confirming the fact of violation of living conditions “are issued at the request of victims by local government bodies empowered to resolve issues of organizing and implementing civil defense and emergency measures, within 10 working days from the date of the victim’s application».
Compulsory insurance contract (Article 10)
Part 1 of Article 10 finally stipulates that the OSOPO policy is transferred to the owner of the object only after he has paid the insurance premium or the first insurance premium.
| Was | It became |
| 1. A compulsory insurance contract is concluded in relation to each dangerous object for a period of at least one year. The document confirming the conclusion of a compulsory insurance agreement is an insurance policy of the established form. | 1. A compulsory insurance contract is concluded in relation to each dangerous object, unless otherwise provided by the contract in relation to the dangerous objects specified in paragraph 4 of part 1 of article 5 of this Federal Law, for a period of at least one year. The document confirming the conclusion of a compulsory insurance contract is an insurance policy of the established form, which is handed over by the insurer to the policyholder after he has paid the insurance premium or the first insurance premium. |
Basic rights and obligations of the policyholder (Article 11)
Changes have been made to the responsibilities of the insurer (owner of the hazardous production facility, operating organization).
Now the owner of a dangerous object is obliged (part 2 of article 11 is supplemented by clause 4.1):
“4.1) inform employees about the concluded compulsory insurance contract, about the procedure and conditions for compulsory insurance (including the list and procedure for drawing up documents necessary to make a decision on insurance payments, methods of receiving insurance payments provided for in the compulsory insurance contract and the rules of compulsory insurance), by posting relevant information in places accessible to employees, as well as in other ways, and keeping this information up to date.”
Article 11 is supplemented by part 3.1, which specifically stipulates that:
"3.1. The insured (the owner of the hazardous facility), who, in agreement with the insurer, has fully or partially compensated for the damage caused to the victim, has the right to demand from the insurer an insurance payment in the part of the damage compensated by him, and the victim, whose damage has been compensated, loses this right.”
Basic rights and obligations of the insurer (Article 12)
The responsibilities of insurance companies have also changed. Now they must transmit information about the conclusion, amendment, termination or invalidation of the OVSO agreement to the professional association of insurers (NSSO). Previously, this data was transferred to federal supervisory authorities (Rostekhnadzor, Ministry of Emergency Situations).
It is clarified that if an insurance payment is delayed, the insurer is obliged to pay the victim a penalty (penalty) in the amount of 1% of a certain amount of payment for each day of delay. If the deadline for sending the victim a reasoned refusal of insurance payment is not met, for each day of delay he is paid money in the form of a financial sanction in the amount of 0.05% of the maximum amount of insurance payment (clause 11 of part 2 of Article 12 is set out in the new wording).
In addition, part 2 of article 12 has been supplemented with clause 13. Now the insurer is obliged to post on its official website “information for victims about the occurrence of an insured event, the procedure, the conditions for making insurance payments and the list of documents necessary to make a decision on making such payments,” and also submit the specified information to the NSSO for posting on the official website of the professional association of insurers.
Making compensation payments (Article 15)
Along with insurance, the maximum amount of compensation payments provided by the NSSO has been increased:
- For damage to property of individuals - from 360 thousand to 500 thousand rubles.
- For damage to property of legal entities - from 500 thousand to 750 thousand rubles.
The new edition of Federal Law No. 225 expands the powers of the professional association of insurers (NSSO).
Thus, the NSSO is now taking part in the formation of standards and rules of professional activity in the implementation of not only compulsory insurance, but also “reinsurance of the risks of civil liability of owners of hazardous facilities for damage resulting from accidents at hazardous facilities” (addition to part 1 of Article 17).
The NSSO also carries out “collection, systematization, accumulation, storage, clarification (updating, changing), use, transfer of data on compulsory insurance, including information on accidents, dangerous objects, owners of dangerous objects, compulsory insurance contracts (reinsurance, including transfer of risks into retrocession), insured events and victims” in order to organize the exchange of information with control and supervisory authorities and regulators of the insurance market (clause 2 of part 1 of Article 18 is set out in a new wording).
Part 1 of Article 18 has been supplemented with clause 5.1, according to which the NSSO: “compensates, at the expense of funds intended for making compensation payments, the missing part of the assets when transferring the insurance portfolio under OVSO to the insurer accepting the insurance portfolio from the insurer who cannot make the insurance payment "
At the same time, the NSSO acquires the right to demand the missing part of the assets from the insurer transferring the insurance portfolio (Article 16 has been supplemented with Part 3 in this regard).
According to the new edition of Federal Law No. 225 NSSO (Part 1 of Article 19 is supplemented by clauses 6.1 and 6.2):
- transmits to the supervisory authorities information on concluded, extended, invalid and terminated UPSO agreements;
- publishes on its official website information for victims about the occurrence of an insured event, about the insurer that insured the civil liability of the owner of the dangerous object responsible for the harm caused, about the procedure for the victims to receive insurance payments.
"5. If there are insufficient funds to make compensation payments, members of the professional association of insurers make additional contributions to the reserve to finance compensation payments in the amount established by the professional association of insurers and to ensure the fulfillment of the obligation of the professional association of insurers to make compensation payments.”
Final provisions (Articles 26-27)
The new edition of Federal Law No. 225 indicates who monitors the fulfillment of the obligation to compulsorily insure dangerous objects (Article 27 is set out in the new edition). Namely:
1) a federal executive body exercising, within its competence, supervision in the field of safety of hazardous production facilities, hydraulic structures, elevators, lifting platforms for the disabled, escalators (with the exception of escalators in subways), passenger conveyors (moving pedestrian walkways) - in this case we are talking about about Rostekhnadzor.
2) in relation to liquid motor fuel filling stations - by the federal executive body exercising, within its competence, supervision in the field of fire safety - in this case we are talking about the territorial departments of the Ministry of Emergency Situations of Russia.
It has also been established that the interaction of the information systems of the NSSO and the federal executive authorities indicated above, in terms of the exchange of information on compulsory insurance, is carried out using a unified system of interdepartmental electronic interaction (Article 26 is supplemented by Part 3).
Conclusion
An analysis of the amendments made to Federal Law No. 225 allows us to conclude that the new version of the law was drawn up and adopted in order to:
- Better protection of the interests of victims (increase in insurance amounts and payments; expansion of the circle of persons who can count on compensation; increase in the number of channels for informing victims about the features of FOPO).
- Increasing the liability of owners of hazardous facilities (in particular, operators of hazardous facilities in apartment buildings) and insurance companies.
- Improving the quality of interaction between supervisory authorities, insurance market regulators, professional associations of insurers and insurance companies.