PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 18, 2025 No. 108

About insurance

For the purpose of enhancement of state regulation of the relations connected with implementation in the Republic of Belarus of compulsory insurance, and also acceptance of additional measures for protection of valuable interests of citizens and the organizations I decide:

1. Approve:

The regulations on compulsory insurance (are applied);

The regulations on funds of precautionary (preventive) actions for types of compulsory insurance (are applied).

2. Determine that:

2.1. involvement of the insurer to responsibility for not conclusion of the agreement of compulsory insurance (not entering into it of obligatory changes) does not exempt the insurer from obligation according to the conclusion (change) of the relevant agreement of compulsory insurance if other is not established by the President of the Republic of Belarus.

The penalties collected for operation in traffic of the vehicle without agreement of obligatory civil liability insurance of owners of vehicles are enlisted on the bank account of the Belarusian bureau on transportation insurance (further – the Belarusian bureau) and go it no later than 3 working days after day of transfer to the bank account and in the last working day of month:

50 percent – on replenishment of the fund of protection of the victims formed by the Belarusian bureau in the road accidents (further – fund of protection of the victims);

50 percent – in the republican budget.

In case of not direction to the Belarusian bureaus of 50 percent of penalties in the republican budget their collection is performed by the Ministry of Finance in indisputable procedure according to the budget legislation;

2.2. till January 1, 2030 Belgosstrakh annually goes for increase in authorized fund of the Belarusian republican unitary insurance enterprise (further – Belgosstrakh), and since January 1, 2030 it is monthly transferred into the republican budget of 50 percent of the profit got by the specified company from implementation of investments by means of investment of capital of special insurance reserve on compulsory insurance from labor accidents and occupational diseases and investment of funds of the called reserve reduced by the amount of the taxes estimated from this profit, charges (duties), other obligatory payments in republican and local budgets, budgets of state non-budgetary funds;

2.3. The Republic of Belarus and its administrative and territorial units, state bodies, the state legal entities, and also economic societies concerning which the Republic of Belarus or its administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these societies perform insurance of the valuable interests by types of the voluntary or imputed insurance which is not relating to life insurance in the Republic of Belarus only at the state insurance companies and (or) insurance companies, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units and (or) legal entities, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units, except for case, this subitem established in part three if other is not determined by the President of the Republic of Belarus.

The Republic of Belarus and its administrative and territorial units, state bodies, the state legal entities, and also economic societies concerning which the Republic of Belarus or its administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these societies perform insurance of valuable interests on the types of insurance relating to life insurance in the Republic of Belarus only at the state insurance companies.

If in case of insurance of state-owned property payment of insurance premium (insurance premium), its part is made at the expense of means republican and local budgets, then such insurance is performed only at the state insurance companies.

The state insurance companies and insurance companies, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units and (or) legal entities, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units, perform insurance of valuable interests of the Republic of Belarus and its administrative and territorial units, state bodies, legal entities, the citizens performing individual business activity without formation of legal entity by types of the voluntary or imputed insurance which is not relating to life insurance without participation of insurance brokers and insurance agents, except for the insurance agents which are on the staff of insurance company. Participation of insurance broker is possible only based on the order of the insurer and receipt of remuneration from the insurer;

2.4. insurance brokers when implementing intermediary activities for insurance of valuable interests of the legal entities, citizens who are performing individual business activity without formation of legal entity, by types of the voluntary or imputed insurance which is not relating to the life insurance having the right to earn reward only from the insurer in the amount of, not exceeding the extreme size established by the Ministry of Finance.

3. The court decrees providing collection from the legal entities and physical persons responsible for damnification, for benefit of Belgosstrakh of the amounts of the paid insurance coverage for compulsory insurance from labor accidents and occupational diseases, not performed on the date of entry into force of this Item, in unexecuted part are not subject to execution if such legal entities and physical persons on the date of entry into force of this Item compensated to the insurer insurance payments in the sizes established in Item 247 of the Regulations on compulsory insurance approved by this Decree.

Such court decrees in unexecuted part are subject to execution if these legal entities and physical persons on the date of entry into force of this Item did not compensate to Belgosstrakh insurance payments in the sizes established in Item 247 of the Regulations on compulsory insurance approved by this Decree before compensation to Belgosstrakh of insurance payments in these sizes.

4. The cash amounts compensated before entry into force of this Item by the legal entities and physical persons responsible for the harm done to life or health of insured person on compulsory insurance from labor accidents and occupational diseases, to Belgosstrakh according to the procedure of realization of right to claim by the insurer are not subject to return.

Obligations of the legal entities and physical persons responsible according to the legislation for the harm done to life or health of insured persons on compulsory insurance from labor accidents and occupational diseases, on compensation to Belgosstrakh of the amounts of the paid insurance coverage, arisen before entry into force of this Item, but unexecuted, are subject to execution within the restrictions provided by this Decree.

5. State bodies, other organizations, physical persons shall provide gratuitously at the request of insurance company, the Belarusian bureau the documents and (or) information necessary by types of compulsory insurance for assessment of insurance risk, the solution of questions of purpose of insurance payments, return of insurance premiums, submission of demand to person responsible for damnification, and (or) person which did harm.

Notaries shall issue gratuitously the data which are notarial secret, and also containing such data the documents necessary for the solution of question of purpose of insurance payment in the cases and procedure established by the Law of the Republic of Belarus of July 18, 2004 No. 305-Z "About notariate and notarial activities".

When implementing compulsory insurance for assessment of insurance risk, the solution of questions of purpose of insurance payments, return of insurance premiums, submission of demand according to the procedure of subrogation insurance companies have the right to receive by the written request or in electronic form by means of the nation-wide automated information system (in the presence of such opportunity):

from information systems (resources) of the Ministry of Internal Affairs – data on surname, own name, middle name (if that is available), registration at the place of residence and (or) the place of stay, identification number (in the presence), this the identity document (type, series (in the presence), number, date of issue, the name or code of the body which issued the document, term of its action), concerning citizens of the Republic of Belarus, foreign citizens and persons without citizenship which are temporarily staying or who are temporarily living in the Republic of Belarus;

from the automated information system on obligatory civil liability insurance of owners of vehicles of the Belarusian bureau – data on surname, own name, middle name (if that is available), registration at the place of residence and (or) the place of stay in the relation of citizens of the Republic of Belarus, the foreign citizens and persons without citizenship which are temporarily staying or who are temporarily living in the Republic of Belarus and also other data and information containing in this system including as a result of electronic information exchange with information systems of state bodies (organizations) and (or) information exchange with state bodies (organizations), including data on the vehicles used as cars taxi or for transportation of passengers in the regular and irregular message for commercial purposes, or for short-term lease.

6. To the Ministry of Finance to transfer into the current (settlement) bank account opened in National Bank, the remaining balance of means of guarantee funds created in the republican budget for January 1, 2025.

7. Make changes to presidential decrees of the Republic of Belarus (appendix 1).

8. Recognize invalid presidential decrees of the Republic of Belarus (appendix 2).

9. In eight-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

10. This Decree becomes effective in the following procedure:

Item 9 and this Item – after official publication of this Decree;

other provisions of this Decree – in month after its official publication.

 

Appendix 1

to the Presidential decree of the Republic of Belarus of March 18, 2025 No. 108

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Charter of the Belarusian bureau on transportation insurance approved by the Presidential decree of the Republic of Belarus of December 1, 1999 No. 701:

the fourth Item 5 to state the paragraph in the following edition:

"conclusion of agreements on cooperation;";

paragraphs two and the sixth Item 6 to state in the following edition:

"represents the Republic of Belarus concerning obligatory civil liability insurance of owners of vehicles in the international systems of insurance, in the states which are not members of the international systems of insurance and also in bodies and the organizations of foreign states;";

"establishes procedure and conditions of carrying out certification of appraisers, carries out their certification.";

state Item 6-1 in the following edition:

"6-1. For the purpose of accomplishment of functions, certain in paragraphs four, the ninth and tenth Item 11 of this Charter, bureau has the right to request and receive in the amount necessary for accomplishment of the specified functions, from information systems (resources):

6-1.1. The Ministries of Internal Affairs – the data containing surname, own name, middle name (if that is available), birth date and birth place, the identification number, information on registration on the residence and (or) the place of stay this the identity document (type, series (in the presence), number, date of issue, the name or code of the body which issued the document, term of its action), information on state registration of vehicles, except for wheel tractors and trail cars to them, car driver licenses on the right of control of the moped, motorcycle, the car, structure of vehicles, tram, trolleybus, administrative offenses against traffic safety and operation of transport, the road accidents;

6-1.2. The Ministries of Taxes and Tax Collection – data on the vehicles used for transportation of passengers in the irregular message including as cars taxi, according to the procedure, the established agreement on information exchange between bureau and the Ministry of Taxes and Tax Collection;

6-1.3. public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" – the information about the automobile carriers who are carrying out motor transportations of passengers in the irregular message including cars taxi, including independently carrying out acceptance and transfer of orders for accomplishment of motor transportations of passengers cars taxi, the cars and cars taxi used for rendering services in accomplishment of such motor transportations;

61.4. The Ministries of Agriculture and Food – the data containing surname, own name, middle name (if that is available), birth date and birth place, the identification number, information on registration on the residence and (or) the place of stay this the identity document (type, series (in the presence), number, date of issue, the name or code of the body which issued the document, term of its action), information on registration of wheel tractors, trail cars to them, self-propelled machines, car driver licenses on the right of control of the wheel tractor, self-propelled machine (certificate of the tractor operator-driver);

6-1.5. the republican unitary service enterprise "Beltekhosmotr" – data on the last issued permission to the admission of the vehicle (except for wheel tractors, trail cars, semitrailer trucks to them) to participation in traffic, about stories of carrying out control and diagnostic works.";

add the Charter with Items 6-2 and 6-3 of the following content:

"6-2. For receipt of the data specified in Item 6-1 of this Charter, the bureau has right of access, including remote, to information systems (resources):

The Ministries of Internal Affairs according to the procedure, established by this Ministry in coordination with bureau;

public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" according to the procedure, established by this public institution in coordination with bureau;

The Ministries of Agriculture and Food according to the procedure, established by this Ministry in coordination with bureau;

the republican unitary service enterprise "Beltekhosmotr" according to the procedure, established by this company in coordination with bureau.

The data specified in subitems 6-1.1-6-1.5 of Item 6-1 of this Charter are provided by means of the nation-wide automated information system (in the presence of such opportunity) on a grant basis.

6-3. Realization of the function determined in paragraph eleven of Item 11 of this Charter is performed on a grant basis based on the agreement signed between bureau, the Ministry of Finance and the republican unitary enterprise "Data Processing Center of the Ministry of Finance of the Republic of Belarus".";

in Item 8:

in paragraph nine of the word "imposes on them penalties" shall be replaced with words "authority punishment";

the tenth to state the paragraph in the following edition:

"signs agreements on cooperation;";

from the paragraph of the eleventh word "to the Green card system," to exclude;

in Item 9 of the word "Agreements and Other Legal Acts" shall be replaced with words "Agreements on cooperation, agreements and other documents";

in Item 11:

the seventh and ninth to state paragraphs in the following edition:

"representation to the supervisory board quarter and annual activities reports of bureau;";

"collection, processing, generalization of the necessary information on the signed insurance contracts which occurred according to them insured events and the made insurance payments including including the personal data provided by insurance companies – members of bureau according to the procedure, the established bureau, and also provided by the operator of the Russian automated information system of insurance according to the procedure, established by this operator in coordination with bureau, forming and maintaining based on this information of the database on obligatory civil liability insurance of owners of vehicles;";

after the paragraph of the tenth to add Item with the paragraph of the following content:

"transfer to the Ministry of Finance of the data containing in the automated information system on obligatory civil liability insurance of owners of vehicles and being part of insurance history in the amount necessary for inclusion in the automated information system "State Insurance Register";";

in the paragraph the sixteenth "(financial)" shall be replaced with words the word "and (or) financial";

in paragraph six of Item 24 of the word of "regulations" shall be replaced with words "agreements and other documents";

in Item 26:

in paragraph five of part four of the word "100 000 euros" shall be replaced with words "11 000 basic sizes";

in paragraph six of part five of the word "200 000 euros" shall be replaced with words "22 000 basic sizes";

to state paragraph two of part one of Item 35 in the following edition:

"the fund of insurance guarantees for obligatory civil liability insurance of owners of vehicles intended for ensuring solvency of bureau in case of settlement with authorized organizations of other states with which the bureau signed agreements on cooperation;";

in Item 39:

after paragraph two to add Item with the paragraph of the following content:

"with the transport driver (the owner if the owner is passenger of the vehicle), his heirs in case of damnification of life and (or) to health of the transport driver (the owner if the owner is passenger of the vehicle) in the road accident which resulted from collision of this vehicle with wild animal regardless of fault of the driver in the road accident (on condition of availability at the owner (driver) of the insurance contract of the civil responsibility of owners of vehicles);";

word in paragraph seven "mutual recognition of insurance contracts" shall be replaced with words "cooperation, or in the Russian Federation within interstate (international) system of insurance of the Union State";

the paragraph one of Item 40 to state in the following edition:

"40. For implementation of calculations in the cases specified in Item 39 of this Charter, bureau according to the procedure and the terms determined by the legislation regulating questions of implementation of obligatory civil liability insurance of owners of vehicles:".

2. In the Traffic regulations approved by the Presidential decree of the Republic of Belarus of November 28, 2005 No. 551:

to state subitem 12.1.3 of Item 12 in the following edition:

"12.1.3. the document confirming the conclusion of the agreement of obligatory civil liability insurance of the vehicle owner (the agreement of internal insurance, either the agreement of all-inclusive internal insurance, or the agreement of boundary insurance, or the agreement of allied insurance, or the insurance contract signed with insurance company of the state with which authorized organization the Belarusian bureau on transportation insurance signs the agreement on cooperation, and valid for the territories of the Republic of Belarus, or the insurance contract signed within interstate (international) system of insurance of the Union State with insurance company of the Russian Federation), except for case of the conclusion of the insurance contract in electronic form;";

in part two of subitem 31.4 of Item 31:

the paragraph third after the word of "means" to add with words "(including road trains)";

word in paragraph six" which form is completed by these transport drivers, according to the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530" shall be replaced with words "according to the legislation regulating questions of implementation of obligatory civil liability insurance of owners of vehicles";

to state the paragraph of the eighth in the following edition:

"the harm done to each vehicle participating in the road accident is estimated by owners of these vehicles (drivers) in the amount up to 150 basic sizes.".

3. "About procedure for calculation in the budget of part of profit of the state unitary enterprises, the national associations which are the commercial organizations and also the income from the shares (share in authorized funds) of economic societies which are in republican and municipal property and about formation of the state trust budget fund of national development" to state paragraph two of subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of December 28, 2005 to No. 637 in the following edition:

"under agreements of internal insurance, agreements of all-inclusive internal insurance, agreements of allied insurance and agreements of the international insurance – in the amount of 10 percent;".

4. In the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534 "About assistance to commodity export development (works, services)":

paragraph one of part one of Item 9 after the word "perform" to add with the words "taking into account requirements of the foreign exchange legislation";

in Regulations on insurance (reinsurance) of export risks approved by the Decree:

to state the paragraph of the eighth of item 4 in the following edition:

"voluntary insurance of bank guarantees (counterguarantees) in case of commodity export (works, services);";

add Item 9 with part of the following content:

"The insurance indemnity can be paid to the organizations which are not residents in foreign currency if it is provided by the insurance contract of export risks with support of the state or the insurance contract of export risks.";

in part two of Item 11 of the word "Item 311 of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530" shall be replaced with words "Item 1 of article 35 of the Law of the Republic of Belarus of January 5, 2024 No. 344-Z "About insurance activity".

5. No. 615 "About estimative activities in the Republic of Belarus" to add paragraph two of subitem 1.12 of Item 1 of the Presidential decree of the Republic of Belarus of October 13, 2006 with the words "or in case of disagreement of the insurer with insurance value of the structures which are belonging to citizens and subject to compulsory insurance".

6. In the Presidential decree of the Republic of Belarus of September 27, 2021 No. 367 "About voluntary insurance of additional funded pension":

in Item 3:

to state part one of subitem 3.7 in the following edition:

"3.7. for ensuring accomplishment of the assumed liabilities the insurer forms insurance reserves, performs investments by means of investment and investment of funds of insurance reserves according to the procedure, the established legislation on insurance.";

in subitem 3.9 of the word "in the republican budget" shall be replaced with words "on the separate current (settlement) bank account of the Ministry of Finance opened in National Bank";

exclude Item 7;

in paragraph six of Item 11 of the Regulations on procedure and conditions of implementation of the voluntary insurance of additional funded pension approved by the Decree shall be replaced with words the words "in the republican budget" "on the separate current (settlement) bank account of the Ministry of Finance opened in National Bank".

 

Appendix 2

to the Presidential decree of the Republic of Belarus of March 18, 2025 No. 108

List of invalid presidential decrees of the Republic of Belarus

1. The presidential decree of the Republic of Belarus of June 20, 2005 No. 287 "About some measures for protection of the rights to housing".

2. The presidential decree of the Republic of Belarus of August 25, 2006 No. 530 "About insurance activity".

3. The presidential decree of the Republic of Belarus of August 25, 2006 No. 531 "About establishment of the sizes of insurance rates, insurance premiums, responsibility limits of separate types of compulsory insurance".

4. Item 2 of the Presidential decree of the Republic of Belarus of December 31, 2006 No. 764 "Questions of compulsory insurance of crops, the cattle and bird".

5. Subitem 1.63 of Item 1 of the Presidential decree of the Republic of Belarus of January 12, 2007 No. 23 "About modification and amendments in presidential decrees of the Republic of Belarus, recognition voided some decrees and separate provisions of presidential decrees of the Republic of Belarus".

6. Subitem 1.28 of Item 1 of the Presidential decree of the Republic of Belarus of March 1, 2007 No. 116 "About some questions of legal regulation of the administrative responsibility".

7. The presidential decree of the Republic of Belarus of October 15, 2007 No. 505 "About obligatory civil liability insurance of anti-recessionary managing directors".

8. Subitem 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of December 31, 2007 No. 698 "About modification and amendments in some presidential decrees of the Republic of Belarus".

9. The presidential decree of the Republic of Belarus of January 31, 2008 No. 55 "About some questions of shared-equity construction".

10. Items 2 and 3 of the Presidential decree of the Republic of Belarus of April 28, 2008 No. 236 "About entering of amendments and changes into some presidential decrees of the Republic of Belarus concerning insurance".

11. Item 23 appendices to the Presidential decree of the Republic of Belarus of August 26, 2008 No. 445 "About some questions of bodies of the state statistics".

12. The presidential decree of the Republic of Belarus of November 4, 2008 No. 599 "About approval of insurance rates on compulsory insurance from labor accidents and occupational diseases".

13. Subitems 1.2 and 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of December 4, 2008 No. 663 "About some questions of participation in traffic of vehicles (the chassis of vehicles)".

14. Subitem 1.18 of Item 1 of the Presidential decree of the Republic of Belarus of January 23, 2009 No. 52 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning documentation of the population of the Republic of Belarus".

15. The presidential decree of the Republic of Belarus of April 16, 2009 No. 205 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning insurance".

16. Subitem 1.49 of Item 1 of the Presidential decree of the Republic of Belarus of May 12, 2009 No. 241 "About modification and amendments in presidential decrees of the Republic of Belarus concerning the budget relations and recognition voided some presidential decrees of the Republic of Belarus".

17. The presidential decree of the Republic of Belarus of June 10, 2009 No. 302 "About funds of precautionary (preventive) actions for separate types of insurance".

18. Subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of June 18, 2009 No. 323 "About modification and amendments in some presidential decrees of the Republic of Belarus".

19. Subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of June 25, 2009 No. 336 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning state registration and liquidation (the activities termination) of subjects of managing".

20. The presidential decree of the Republic of Belarus of October 23, 2009 No. 519 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning insurance".

21. The presidential decree of the Republic of Belarus of March 1, 2010 No. 110 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning compulsory insurance from labor accidents and occupational diseases".

22. Subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of June 14, 2010 No. 305 "About entering of amendments and changes into some presidential decrees of the Republic of Belarus".

23. Subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of July 22, 2010 No. 384 "About modification and amendments in some presidential decrees of the Republic of Belarus".

24. The presidential decree of the Republic of Belarus of December 30, 2011 No. 612 "About single questions of indisputable money recovery".

25. Subitem 1.36 of Item 1 of the Presidential decree of the Republic of Belarus of December 30, 2011 No. 621 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning the Investigative Committee of the Republic of Belarus".

26. Subitem 1.8 of Item 1 of the Presidential decree of the Republic of Belarus of January 8, 2013 No. 8 "About modification and amendments in some presidential decrees of the Republic of Belarus".

27. Subitem 7.26 of Item 7 of the Presidential decree of the Republic of Belarus of November 29, 2013 No. 529 "About some questions of activity of the courts of the Republic of Belarus".

28. The presidential decree of the Republic of Belarus of March 10, 2014 No. 115 "About compulsory insurance with the state support of harvest of crops, the cattle and bird in 2014".

29. Subitems 1.5-1.7 of Item 1, Items 3 and 6 of the Presidential decree of the Republic of Belarus of April 14, 2014 No. 165 "About modification and amendments in presidential decrees of the Republic of Belarus concerning insurance activity".

30. Subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of December 1, 2014 No. 552 "About modification and amendments in presidential decrees of the Republic of Belarus".

31. The presidential decree of the Republic of Belarus of May 7, 2015 No. 195 "About modification and amendments in presidential decrees of the Republic of Belarus".

32. The presidential decree of the Republic of Belarus of June 1, 2015 No. 221 "About modification of the Presidential decree of the Republic of Belarus".

33. The presidential decree of the Republic of Belarus of December 17, 2015 No. 495 "About modification of the Presidential decree of the Republic of Belarus".

34. The presidential decree of the Republic of Belarus of February 11, 2016 No. 42 "About entering of amendments into the Presidential decree of the Republic of Belarus".

35. Subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of April 27, 2016 No. 157 "About entering of amendments and changes into presidential decrees of the Republic of Belarus".

36. Subitems 1.1 and 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of June 6, 2016 No. 192 "About modification and amendments in presidential decrees of the Republic of Belarus".

37. Subitem 1.5 of Item 1, Items 2 and 3 of the Presidential decree of the Republic of Belarus of July 18, 2016 No. 272 "About modification and amendments in presidential decrees of the Republic of Belarus".

38. Subitems 1.6 and 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of January 20, 2017 No. 20 "About change of presidential decrees of the Republic of Belarus".

39. Subitems 1.1-1.5 of Item 1 of the Presidential decree of the Republic of Belarus of May 11, 2019 No. 175 "About insurance", Items 3, the 4 and 6 appendices to the Decree.

40. The presidential decree of the Republic of Belarus of September 10, 2021 No. 336 "About change of presidential decrees of the Republic of Belarus".

41. Item 2 of appendix 2 to the Presidential decree of the Republic of Belarus of August 24, 2022 No. 298 "About the taxation".

42. Items 10 and 11 of appendix 1 to the Presidential decree of the Republic of Belarus of October 25, 2022 No. 381 "About change of presidential decrees of the Republic of Belarus".

43. Item of 1 appendix to the Presidential decree of the Republic of Belarus of December 28, 2022 No. 443 "About crop insurance of crops, the cattle and bird".

44. Item 9 of appendix to the Presidential decree of the Republic of Belarus of December 30, 2022 No. 470 "About change of presidential decrees of the Republic of Belarus".

45. Items 1 and 2 of the Presidential decree of the Republic of Belarus of July 31, 2023 No. 240 "About the international car insurance", item 4 of appendix 2 to the Decree.

46. Item 2 appendices to the Presidential decree of the Republic of Belarus of February 16, 2024 No. 55 "About change of presidential decrees of the Republic of Belarus".

 

Approved by the Presidential decree of the Republic of Belarus of March 18, 2025 No. 108

Regulations on compulsory insurance

Chapter 1. General provisions

1. This Provision governs the relations on compulsory insurance, the procedure and conditions of implementation of types of compulsory insurance, including the sizes of insurance premiums and insurance rates are determined.

2. In this Provision terms and their determinations in the values established by the Law of the Republic of Belarus of January 5, 2024 No. 344-Z "About insurance activity" and also are applied by the corresponding Chapter of this provision determining procedure and conditions of implementation of specific type of compulsory insurance.

3. In the Republic of Belarus the following types of compulsory insurance are performed:

compulsory insurance of the structures belonging to citizens;

obligatory civil liability insurance of owners of vehicles;

obligatory civil liability insurance of carrier before passengers;

compulsory medical insurance of the foreign citizens and stateless persons who are temporarily staying or temporarily living in the Republic of Belarus;

compulsory liability insurance of the commercial organizations performing realtor activities for damnification in connection with its implementation;

compulsory insurance with the state support of harvest of crops, the cattle and bird;

obligatory civil liability insurance of interim (anti-recessionary) managers in insolvency proceedings or bankruptcy;

obligatory civil liability insurance of legal entities and individual entrepreneurs for the harm done by the activities connected with operation of separate objects;

obligatory civil liability insurance of carrier in transit dangerous goods;

compulsory insurance from labor accidents and occupational diseases;

compulsory national insurance (stipulated by the legislation compulsory insurance of life, health and (or) property of citizens at the expense of means of the relevant budget);

other types of compulsory insurance determined by acts of the President of the Republic of Belarus.

4. The state insurance companies and (or) insurance companies can perform compulsory insurance, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units and (or) legal entities, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units.

Compulsory insurance can be performed with participation of insurance agents – physical persons and insurance agents – the organizations which are:

state legal entities;

legal entities, more than 50 percent of shares (share in authorized fund) of which belong to the Republic of Belarus and (or) its administrative and territorial units and (or) legal entities, more than 50 percent of shares (share in authorized funds) of which belong to the Republic of Belarus and (or) its administrative and territorial units;

banks in the value determined in article 8 of the Bank code of the Republic of Belarus concerning which the Republic of Belarus and (or) its administrative and territorial unit owing to the prevailing participation in their authorized funds can determine the decisions made by these banks.

Insurance agents – the physical persons performing on behalf of insurance company intermediary activities for insurance based on the employment contract on the terms of external combining jobs and based on the civil agreement having no right to sign contracts of compulsory insurance with legal entities. Other insurance agents sign contracts of compulsory insurance with legal entities on a grant basis.

Actions of insurance agents for acceptance and transfer (transfer) of money (the electronic money emitted by resident and nominated in Belarusian rubles (further – electronic money), directed to obligation fulfillment according to insurance contracts, do not belong to payment services of acquiring of payment transactions.

Compulsory insurance is performed without participation of insurance brokers.

5. The insurance premiums (their part) which are subject to return according to procedure and conditions of the corresponding type of compulsory insurance in case of early termination (termination) of the insurance contract on circumstances other, than insured event, in particular, the death of the insurer, are included inheritances and are subject to return to heirs of the insurer according to their statement based on the certificate on the right to inheritance.

The insurance payments which are due to the victim (the other person having the right to their obtaining) and remained not received in connection with his death if other is not established by this Provision, are included inheritances and are made to heirs according to their statement based on the certificate on the right to inheritance and other documents according to procedure and conditions of the corresponding type of compulsory insurance.

The insurance payments which are subject to payment in connection with the death of the victim as a result of insured event if other is not established by this Provision, are not included inheritances and are made to heirs according to their statement based on information on heritable cases on circle of heirs and if heritable case did not open, insurance payment is made in equal shares to children, the spouse and the victim's parents, and in case of their lack, refusal of insurance payment, not request for it – to other persons from among legal heirs according to the procedure of the priority established by the civil legislation according to their statement based on the documents confirming the marriage relations and (or) the relations of relationship, and also other documents according to procedure and conditions of the corresponding type of compulsory insurance.

In case of the request for receipt of insurance premiums (their part), insurance payments of the surviving spouse (the former spouse) of the died insurer payment is made according to its statement based on the certificate on the property right to shares in the property acquired by spouses during marriage.

6. The state guarantees insurance payments for types of compulsory insurance.

7. Insurers and the Belarusian bureau shall make insurance payment for the harm done to life, health of the victim irrespective of the amounts paid by bodies for work, employment and social protection, paid on social insurance and under other signed agreements of compulsory and voluntary insurance if other is not established by this Provision.

By types of compulsory insurance moral harm is not subject to compensation. Compensation of the moral harm done in connection with insured event by types of compulsory insurance is performed by the causer of harm according to the procedure, established by the civil legislation.

8. For each day of delay of insurance payment for fault of the insurer, the Belarusian bureau they pay penalty fee in the amount of percent 0,1 to the legal entity and 0,5 of percent to physical person from the amount which is subject to payment.

Chapter 2. Procedure and conditions of implementation of compulsory insurance of the structures belonging to citizens

9. For the purposes of compulsory insurance of the structures belonging to citizens (further – compulsory insurance of structures), the following main terms and their determinations are applied:

structures – single-family apartment houses, apartments in the blocked apartment house, and also structures, constructions which spatially are not separated their amount, intended for economic domestic needs of the physical persons living in them;

the insurer – capable physical person, including the foreign citizen and the stateless person to which belong on the structure property right, constantly used by it, members of his family or other persons with the consent of the owner for accommodation and economic domestic needs;

the insurer – Belgosstrakh.

10. Object of compulsory insurance of structures are the valuable interests of the insurer connected with loss (death) or damage of the registered structures belonging to it on the property right and which are constantly used by it, members of his family or other persons with the consent of the owner for accommodation and economic domestic needs.

11. Are not subject to compulsory insurance of structures:

the apartment houses recognized empty or shabby;

the structures belonging to physical persons which place of stay is unknown;

garden lodges, dachas;

economic (subsidiary and domestic) the constructions, garages located separately from the structure which is subject to compulsory insurance;

apartments in apartment apartment houses.

12. If after the death of the insurer before state registration of transition of the property right to structures they continue to be used constantly by heirs of the insurer for accommodation and economic domestic needs, from the date of opening of inheritance till December 31 of year of opening of inheritance and from January 1 to December 31 the year following after year of opening of inheritance, insurers the heirs who accepted inheritance by the actual possession or management of heritable property based on the written application are recognized to the insurer about accounting of structures for the purposes of compulsory insurance and payment of insurance premiums.

Beneficiaries on compulsory insurance of structures are insurers, and in case of the death of the insurer beneficiaries his heirs are recognized.

13. Local authorities shall render to the insurer assistance in carrying out compulsory insurance of structures, and also annually on its request provide lists of the structures which are constantly used for accommodation and economic domestic needs by owners, members of their families or other persons with the consent of owners, the containing surnames, own name, middle name (if that is available) the owner, the location address of structures, surname, own name, middle name (if that is available) persons registered at the place of residence and (or) the place of stay on the location address of structures.

The organizations for state registration of real estate, the rights to it and transactions with it provide at the request of the insurer documents and the information on real estate units, the rights, restrictions (encumbrances) of the rights to them registered in the single state register of real estate, the rights to it and transactions with it, the information about owners of structures (the surname, own name, middle name (if that is available), identification number) necessary for accounting of objects of compulsory insurance of structures.

Law-enforcement bodies shall at the request of the insurer without collection of payment provide data of identity documents of debtors on compulsory insurance of structures (type, series (in the presence), number, date of issue, the name or code of the body which issued the document, document effective period, identification number), the information about the died owners of structures (registration address at the place of residence, date of death).

14. Insured events on compulsory insurance of structures are:

loss (death) or damage of structures as a result of impact of the dangerous and (or) adverse hydrometeorological phenomena, complexes of the adverse hydrometeorological phenomena, earthquakes, the fire, explosion, accident of heating system, water supply and sewer systems, falls of aircraft;

cases when for the termination of distribution of the fire or in connection with sudden threat of natural disasters it was necessary to sort structures or to transfer them to other place.

15. The insurance sum on compulsory insurance of structures constitutes 50 percent from insurance value (insurance estimate) (further in this Chapter – insurance value) the structures which are subject to this type of compulsory insurance.

16. Accounting of the structures which are subject to compulsory insurance, and determination of their insurance value are made by the insurer annually for January 1.

17. If structures are in equity property, each their part in proportion to shares of participants of equity property on these structures is subject to accounting.

18. The insurance value of structures is determined based on the regulations established by Council of Ministers of the Republic of Belarus for assessment of apartment houses, garden lodges, dachas adjoining them structures, and also located separately from them economic (subsidiary and domestic) constructions and garages in the prices of 1991 and developed by the republican unitary enterprise "Republican Scientific and Technological Center on Pricing in Construction" of indexes of change in value of installation and construction works taking into account the cost of material resources for calculation for the design estimates developed using resource estimate norms in basic prices of 1991.

These indexes are subject to placement on the official site of the insurer on the global computer Internet annually no later than March 1 of the current year.

19. The insurer shall acquaint the insurer with determination of insurance value of structures based on its written application.

20. In case of disagreement of the insurer with determination of insurance value of structures he has the right to address the legal entity performing estimative activities for carrying out independent assessment of residual cost of object of assessment (structures) determined by market evaluation method in the prices for January 1 of the current year. At the same time fee on carrying out independent assessment of structures is made at the expense of the insurer.

The insurance value of structures determined by the specified method is accepted to calculation in the current year and is adjusted annually at average size of physical wear in the amount of percent 1,5 in year.

21. In case of transition of the property right to the structure which is subject to compulsory insurance to other person of the right and obligation of the insurer pass to such person if structures are constantly used by the new owner, members of his family or other persons with the consent of the owner for accommodation and economic domestic needs. In other cases insurance stops from the moment of state registration of transition of the property right to structure.

22. In case of identification of unaccounted structures the insurer makes determination of their insurance value for January 1 of the current year.

23. The built, reconstructed structures after implementation of state registration of their creation, changes, and also capitally repaired single-family apartment houses after their acceptance in operation are considered for determination of their insurance value and charge of insurance premiums next calendar year.

24. The insurance rate on compulsory insurance of structures constitutes percent 0,13.

Calculation of the size of insurance premium is made by the insurer by multiplication of insurance rate by insurance sum for January 1 of the current year.

25. The insurer annually till May 1 the courier (courier) or the registered mail including sent by means of national post electronic system sends to the insurer information on insured structures containing the following data:

the location of the structures which are subject to compulsory insurance;

list of insured events;

insurance term;

insurance value of structures;

insurance sum on all structures;

insurance rate;

the amount of the assessed insurance premium and term of its payment;

insurance termination conditions.

To insurers – the heirs who accepted inheritance by the actual possession or management of heritable property, information on insured structures goes within 5 working days after submission of the statement to the insurer about accounting of structure for the purposes of compulsory insurance and payment of insurance premiums.

In information on insured structures sent by the insurer to the insurers exempted from payment of insurance premiums data on the amount of the assessed insurance premium and term of its payment are not specified.

26. In case of change within the current year of structure and cost of structures recalculation of insurance premiums the current year is not made.

27. The insurance premium shall be paid by the insurer annually till November 1.

The insurance premium can be paid by the insurer in cash or non-cash form, including by means of use of the automated information system of single settlement and information space.

For violation of payment due date of insurance premiums by the insurer penalty fee on outstanding amount of insurance premiums in the amount of percent 0,3 for each day of delay is charged.

In case of refusal the insurer from payment of insurance premiums and (or) debt on them, and also their collection is made by penalty fee based on executive text of the notary, and in the presence of dispute – judicially.

28. The following insurers are exempted from payment of insurance premiums on compulsory insurance of structures:

the citizens belonging to the categories listed in Items 2-13 of article 3 of the Law of the Republic of Belarus of June 14, 2007 to No. 239-Z "About the state social privileges, the rights and guarantees for separate categories of citizens" and the having reasons for realization of such right for January 1 of the current year (further – the citizens having social privileges);

persons whose structures are in joint property of spouses, one of whom belongs to the category of the citizens having social privileges;

unemployed pensioners whose pension size for January of the current year does not exceed the largest size of the budget of subsistence minimum on average per capita for 2 last quarters (further – criterion of needs), provided that with them do not live or live, but able-bodied family members do not conduct joint economy;

physical persons at which the comprehensive income on the family member for last year a month does not exceed 1/3 sizes of criterion of needs.

29. The size of insurance premium on compulsory insurance of structures decreases by 50 percent to unemployed pensioners whose pension size for January of the current year does not exceed 4 basic sizes established for January 1 provided that with them do not live or live, but able-bodied family members do not conduct joint economy.

30. Remission of insurance premiums or provision of privileges on payment of insurance premiums is made based on the application of the insurer submitted no later than October 31 of the current year to representative office of Belgosstrakh in the location of the structures belonging to it.

The insurers who are the citizens having the social privileges which submitted the application for exemption of insurance premiums in the current year, having the right not to submit repeatedly in the years ahead such application for the period of the right to social privilege granted to them.

31. With the statement for exemption of insurance premiums by the insurer certificates of the sizes of the received pension, the salary (cash allowance), other income, the premises occupied in this settlement, the residence and family composition are represented.

32. The decision on results of consideration of the application on exemption of insurance premiums and the documents attached to it is accepted by the insurer and reports about this decision to the insurer who addressed it in writing in 10-day time from the date of receipt of this statement and the documents attached to it.

33. The decision on exemption of insurance premiums or reduction of the size of insurance premium is effective within 1 calendar year, except for the decision made on the insurers who are the citizens having social privileges for the right to social privilege granted to them.

34. To the applicant refuses in exemption of insurance premiums or reduction of the size of insurance premium in case of absence for that the bases.

35. In case of factual determination of representation by the insurer of the documents containing obviously false data based on which he is exempted from payment of insurance premiums or to it the size of insurance premium is reduced, the insurer sends to the insurer the notification on need of payment of insurance premiums with indication of the term of their payment which cannot be less than 40 calendar days estimated from the date of the direction of this notification.

For violation by the insurer of the payment due date of insurance premiums specified in the notification on need of payment of insurance premiums penalty fee on outstanding amount of insurance premiums in the amount of percent 0,3 for each day of delay is charged.

36. In case of refusal insurers from payment of insurance premiums and (or) debt on them, and also their collection is made by penalty fee based on executive text of the notary, and in the presence of dispute – judicially.

37. In case of payment of insurance indemnity the amount which is subject to payment decreases by the amount of the insurance premium added, but not paid by the insurer, by the amount of penalty fee.

38. The term of compulsory insurance of structures is established annually from January 1 to December 31.

39. If during insurance insurers ceased to use constantly insured structures for accommodation and economic domestic needs, insurance stops from the date of the termination of permanent use of structures for present purposes.

40. The insurer shall notify in 5-day time the insurer on the termination of permanent use for accommodation and economic domestic needs of insured structures. At the same time to the insurer part of insurance premium in proportion to time which remained before the end of insurance within 3 working days from the date of submission of the written application by it returns.

41. The insurer (beneficiary) shall:

pay insurance premiums;

notify the insurer on state registration of the property right to structures, the termination of permanent use of insured structures for accommodation and economic domestic needs;

in case of approach of event which can be acknowledged insured event subsequently:

take measures for reduction of the extent of damage, at the same time to follow instructions of the insurer if they follow;

declare without delay as soon as he knew, in relevant organs of internal affairs, bodies and divisions for emergency situations, emergency services if structures are destroyed or damaged as a result of event which can be acknowledged insured event subsequently;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info