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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 25, 2002 No. 40-FZ

About obligatory civil liability insurance of owners of vehicles

(as amended on 02-07-2021)

Accepted by the State Duma of the Russian Federation on April 3, 2002

Approved by Council of the Russian Federation on April 10, 2002

For the purpose of protection of the rights of the victims to indemnification, caused to their life, health or property when using vehicles by other persons, this Federal Law determines legal, economic and organizational basis of obligatory civil liability insurance of owners of vehicles (further - compulsory insurance), and also the civil responsibility insurance of owners of vehicles performed in the territory of the Russian Federation within the international systems of civil responsibility insurance of owners of vehicles which participant is the professional association of insurers operating according to this Federal Law (further - the international systems of insurance).

Chapter I. General provisions

Article 1. Basic concepts

1. For the purposes of this Federal Law the following basic concepts are used:

the vehicle - the device intended for transportation across roads of people, loads or the equipment installed on it;

use of the vehicle - the operation of the vehicle connected with its movement within roads (traffic) and also on adjacent to them and the vehicles intended for movement the territories (in the yards, in residential arrays, on parking of vehicles, fuel stations and other territories). Operation of the equipment installed on the vehicle and which is directly not connected with participation of the vehicle in traffic is not use of the vehicle;

the vehicle owner - the owner of the vehicle, and also person owning the vehicle on the right of economic maintaining or the right of operational management or on other legal cause (the lease right, the power of attorney to the right of vehicle control, the order of relevant organ about transfer to this person of the vehicle and so forth). Person managing the vehicle owing to execution of the service or labor duties including based on the employment or civil contract with the owner or other vehicle owner is not vehicle owner;

the driver - person managing the vehicle. When training in vehicle control by the driver the training person is considered;

the victim - person, to life, health or property of which harm when using the vehicle by the other person was done, including the pedestrian, the transport driver to whom harm, and the passenger of the vehicle - the participant of the road accident is done (except for person recognized by the victim according to the Federal Law "About Obligatory Civil Liability Insurance of Carrier for Damnification of Life, to Health, Property of Passengers and about Procedure for Compensation of Such Harm Done in case of Public Conveyances by the Subway");

the residence (location) of the victim - the residence of the citizen determined according to the civil legislation or the location of the legal entity, recognized by the victims;

- the insurance contract according to which the insurer shall for the payment (insurance premium) caused by the agreement in case of approach of the event (insured event) provided in the agreement to compensate the agreement of obligatory civil liability insurance of owners of vehicles (further - the agreement of compulsory insurance) the victim caused thereof events harm of their life, to health or property (to perform insurance indemnity in the form of insurance payment or by the organization and (or) payment of restoring repair of the damaged vehicle) within the amount (insurance sum) defined by the agreement. The agreement of compulsory insurance is signed according to the procedure and on conditions which are provided by this Federal Law, rules of compulsory insurance, and is public;

the insurer - person who signed the agreement of compulsory insurance with the insurer;

the insurer - insurance company which has the right to perform obligatory civil liability insurance of owners of vehicles according to the permission (license) issued in the procedure established by the legislation of the Russian Federation;

insured event - approach of the civil responsibility of the vehicle owner for the damnification of life, to health or property of the victims when using the vehicle involving obligation of the insurer according to the agreement of compulsory insurance to perform insurance indemnity;

insurance rates - the price rates established according to this Federal Law, applied by insurers in case of determination of insurance premium under the agreement of compulsory insurance and consisting of base rates and coefficients;

compensation payments - payments which are made according to this Federal Law in cases if insurance indemnity under the agreement of compulsory insurance or compensation to the insurer who performed direct indemnification according to the agreement on direct indemnification signed according to article 26.1 of this Federal Law on account of insurance indemnity cannot be performed;

the representative of the insurer in the subject of the Russian Federation (further - the representative of the insurer) - the separate division of the insurer in the subject of the Russian Federation which is carrying out powers of the insurer on consideration of requirements of the victims about insurance indemnity, direct indemnification, on the organization of survey and (or) independent technical expertize, independent examination (assessment) of the damaged property or its remaining balance, for the organization of restoring repair of the damaged vehicle at service station, and also on implementation of insurance indemnity, direct indemnification, or other insurer allocated with all or part of the specified powers and who joined the agreement on direct indemnification;

direct indemnification - the indemnification to property of the victim performed according to this Federal Law the insurer who insured the civil responsibility of the victim - the vehicle owner;

the direction on repair - the document confirming the right of its vehicle which was injured on restoring repair at the service station determined according to this Federal Law;

settlement of the requirements arising in connection with insurance within the international systems of insurance - consideration of requirements of the victims, national associations of insurance companies of other countries and other participants of the international systems of insurance about insurance indemnity of the harm done as a result of the road accidents by owners of vehicles which responsibility is insured within the international systems of insurance, and if as a result of such consideration the decision on refusal, implementation of insurance payment, and also expense recovery to person or persons who according to this Federal Law, requirements of the international systems of insurance, rules of professional activity of professional association of insurers performed this insurance payment is not made;

the contract for the organization of restoring repair - the agreement signed between the insurer and service station and establishing including obligation of service station to make restoring repair of the damaged vehicle of the victim and obligation of the insurer to pay such repair on account of insurance indemnity according to this Federal Law.

2. The concepts specified in this Article can be specified according to the program of experimental legal regime in the field of digital innovations approved according to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation".

Article 2. Legislation of the Russian Federation on obligatory civil liability insurance of owners of vehicles

1. The legislation of the Russian Federation on obligatory civil liability insurance of owners of vehicles consists of the Civil code of the Russian Federation, this Federal Law, other Federal Laws and regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation published according to them (further - the Bank of Russia).

2. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

3. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

4. According to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation" in the field of obligatory civil liability insurance of owners of vehicles can be established the special regulation different from the regulation provided by provisions of this Federal Law. Such special regulation is established by the program of experimental legal regime in the field of digital innovations approved according to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation". The provisions of this program establishing conditions of experimental legal regime in the field of digital innovations can change or exclude action of provisions of this Federal Law if it is directly provided by this Federal Law.

Article 3. Basic principles of compulsory insurance

The basic principles of compulsory insurance are:

guarantee of the indemnification caused to life, health or property of the victims in the limits established by this Federal Law;

generality and obligation of civil responsibility insurance by owners of vehicles;

inadmissibility of use in the territory of the Russian Federation vehicles which owners did not fulfill the duty established by this Federal Law on insurance of the civil responsibility;

economic interest of owners of vehicles in traffic safety increase.

Chapter II. Conditions and procedure of compulsory insurance

Article 4. Obligation of owners of vehicles on civil responsibility insurance

1. Owners of vehicles shall on conditions and according to the procedure which are established by this Federal Law and according to it, to insure risk of the civil responsibility which can come owing to damnification of life, to health or property of other persons when using vehicles.

The obligation on civil responsibility insurance extends to owners of all vehicles used in the territory of the Russian Federation, except as specified, provided by Items 3 and 4 of this Article.

The vehicle owner, registered in foreign state and driving on the territory of the Russian Federation, shall have the insurance contract of the civil responsibility signed on the terms of this Federal Law or within the international systems of insurance.

2. In case of right of possession by the vehicle (its acquisition in property, obtaining in economic maintaining or operational management and to that similar) the vehicle owner shall insure the civil responsibility before making of the registration actions connected with change of the vehicle owner, but not later than in ten days after emergence of right of possession it.

3. The obligation on civil responsibility insurance does not extend to owners:

a) vehicles which maximum constructive speed constitutes no more than 20 kilometers per hour;

b) vehicles which are not intended for movement on highways public and (or) are not subject to state registration;

c) vehicles of the Armed Forces of the Russian Federation, other troops, military forming and bodies in which the military service, except for buses, cars and trail cars to them, other vehicles used for ensuring economic activity of the Armed Forces of the Russian Federation, other troops, military forming and bodies is provided;

d) the vehicles registered in foreign states if the civil responsibility of owners of such vehicles is insured within the international systems of insurance;

e) the trail cars belonging to citizens to cars;

e) the vehicles which do not have wheel propulsions unit (vehicles in which design caterpillar, semi-caterpillar, sled and other not wheel propulsions unit are used), and trail cars to them.

4. The obligation on civil responsibility insurance does not extend to the vehicle owner whose risk of responsibility is insured according to this Federal Law the other person (insurer).

5. The owners of vehicles who insured the civil responsibility according to this Federal Law can perform in addition in voluntary form insurance on case of insufficiency of insurance sums, stipulated in Clause the 7th this Federal Law, for full recovery of the harm done to life, health or property of the victims and also on case of approach of the responsibility which is not relating to insurance risk on compulsory insurance (Item 2 of article 6 of this Federal Law).

6. Owners of vehicles which risk of responsibility is not insured in the form of compulsory and (or) voluntary insurance compensate the harm done to life, health or property of the victims according to the civil legislation. At the same time the harm done to life or health of the victims is subject to compensation in sizes at least than the sizes determined according to article 12 of this Federal Law and by rules of the specified Article.

Persons which violated the requirements about obligatory civil liability insurance of owners of vehicles established by this Federal Law bear responsibility in accordance with the legislation of the Russian Federation.

7. The obligation on civil responsibility insurance of owners of the trail cars to vehicles except for belonging to citizens of trail cars to cars is performed by means of the conclusion of the agreement of the compulsory insurance providing possibility of vehicle control with trail car to it, information on what is entered in the insurance policy of compulsory insurance.

Article 5. Rules of compulsory insurance

1. The procedure for realization determined by this Federal Law and other Federal Laws of the rights and obligations of the Parties by the agreement of compulsory insurance is established by the Bank of Russia in rules of compulsory insurance.

2. Rules of compulsory insurance along with other provisions include following provisions:

a) procedure for the conclusion, change, prolongation, early termination of the agreement of compulsory insurance;

b) payment procedure of insurance premium;

c) the list of actions of persons when implementing compulsory insurance, including in case of loss occurrence;

d) procedure for determination of the size of subjects to compensation by the loss insurer and implementation of insurance indemnity of the harm done to the victim;

e) procedure for the dispute resolution on compulsory insurance;

e) requirements to the organization of restoring repair of the damaged vehicle (further - requirements to the organization of restoring repair), and also order of interaction of the victim, insurer and service station in case of identification of shortcomings of such repair.

3. Rules of compulsory insurance can also contain the provisions of this Federal Law and other Federal Laws determining contract clauses of compulsory insurance.

Article 6. Object of compulsory insurance and insurance risk

1. Object of compulsory insurance are the valuable interests connected with risk of the civil responsibility of the vehicle owner according to the obligations arising owing to damnification of life, to health or property of the victims when using the vehicle in the territory of the Russian Federation.

2. Approach of the civil responsibility according to the obligations specified in Item 1 of this Article, except as specified emergence of responsibility owing to belongs to insurance risk on compulsory insurance:

a) damnifications when using other vehicle, than that which is specified in the agreement of compulsory insurance. Action of this requirement can be changed or excluded concerning participants of experimental legal regime in the field of digital innovations according to the program of experimental legal regime in the field of digital innovations approved according to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation";

b) causings moral harm or emergence of obligation on compensation of lost profit. Action of this requirement can be changed or excluded concerning participants of experimental legal regime in the field of digital innovations according to the program of experimental legal regime in the field of digital innovations approved according to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation";

c) damnifications when using vehicles during the competitions, testing or educational driving in places specially allotted for this purpose;

d) environmental pollution;

e) damnifications by impact of the transported load if the risk of such responsibility is subject to compulsory insurance according to the law on the corresponding type of compulsory insurance;

e) damnifications of life or to health of workers in case of execution of labor obligations by them if this harm is subject to compensation according to the law on the corresponding type of compulsory insurance or compulsory social insurance;

g) obligations on compensation to the employer of the losses caused by damnification to the worker;

h) causings by the driver harm to the vehicle managed by it and to trail car to it transported by them to load to the equipment installed on them and other property. Action of this requirement can be changed or excluded concerning participants of experimental legal regime in the field of digital innovations according to the program of experimental legal regime in the field of digital innovations approved according to the Federal Law of July 31, 2020 No. 258-FZ "About experimental legal regimes in the field of digital innovations in the Russian Federation";

i) damnifications when loading load on the vehicle or its unloading;

j) damages or destructions of the antiquarian and other unique objects, buildings and constructions having historical and cultural value, products from precious metals and precious and semiprecious stones, cash, securities, objects of religious nature, and also works of science, literature and art, other intellectual property items;

k) ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 223-FZ

l) damnifications of life, to health, property of passengers in case of their transportation if this harm is subject to compensation in accordance with the legislation of the Russian Federation about obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers.

In case of approach of the civil responsibility of owners of vehicles in the cases specified in this Item the damage suffered is subject to compensation by them in accordance with the legislation of the Russian Federation.

Article 7. Insurance sum

The insurance sum within which the insurer in case of approach of each insured event (irrespective of their number during the term of the agreement of compulsory insurance) shall compensate injured damage suffered constitutes:

a) regarding the indemnification caused to life or health of each victim, 500 thousand rubles;

b) regarding the indemnification caused to property of each victim, 400 thousand rubles;

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