of August 14, 1996 No. 959
About approval of the Regulations on obligatory personal accidents insurance on transport
The Cabinet of Ministers of Ukraine DECIDES:
1. Approve Regulations on obligatory personal accidents insurance on transport it (is applied).
2. it is excluded
3. Recognize invalid the following resolutions of the Cabinet of Ministers of Ukraine:
of March 2, 1993 N155 "About Compulsory Personal Insurance on Air, Rail, Sea, Inland Water and Road Transport" (joint venture of Ukraine, 1993, N 6, Art. 113);
of March 30, 1994 N194 "About Introduction Change and Amendments in the Resolution of the Cabinet of Ministers of Ukraine of March 2, 1993 N155" (joint venture of Ukraine, 1994, N 7, Art. 180);
of June 28, 1995 N469 "About Modification and Amendments in the Resolution of the Cabinet of Ministers of Ukraine of March 2, 1993 N155" (the joint venture of Ukraine, 1995, N 9, the Art. 231) regarding passengers insurance of the rail, sea, inland water, road and electric transport (trolleybuses), and also drivers, drivers, conductors of trains (including suburban and the subways), team members of courts, workers of crews of medical care.
Prime Minister of Ukraine of the Item LAZARENKO
Approved by the resolution of the Cabinet of Ministers of Ukraine of August 14, 1996 No. 959
1. This Provision determines procedure of obligatory personal accidents insurance on transport (further - compulsory personal insurance):
passengers of the rail, sea, inland water, road and electric transport, except internal city, during trip or stay at the station, in port, at the station, pier;
employees of transport enterprises irrespective of patterns of ownership and types of activity which are directly engaged at transportations (further - drivers), namely:
drivers automobile, electric transport: drivers and assistants to drivers of trains (electric locomotives, diesel locomotives, diesel trains);
drivers of trains of the subway, conductors of passenger rail cars, chiefs (foremen) of trains;
workers of dining cars, drivers of section cars and other units of railway vehicles;
mechanics (chiefs) of refrigerator sections (trains);
workers of crews of medical care.
Compulsory personal insurance does not extend to passengers:
sea and inland water transport on walking lines;
inland water transport of the intracity message and crossings;
the road and electric transport on city routes.
Carrier is the subject of housekeeping which provides services in public conveyance on lines of the rail, sea, inland water, road and electric transport, except internal city (further - carrier).
2. Are considered insured:
passengers from the moment of the announcement of landing in the ocean or river craft, the train, the bus or other vehicle until completion of trip;
drivers only on holding time of trip.
3. The insurance payment on obligatory personal accidents insurance on transport is levied from the passenger by carrier which acts on behalf of the insurer for remuneration based on the agreement of the order on lines of the rail, sea, inland water, road and electric transport on interregional and long-distance routes within one area, the Autonomous Republic of Crimea in the amount up to fare percent 1,5, on routes of suburban connection - to 3 percent of fare.
Everyone insured the carrier acting as the agent of the insurer issues the insurance policy. It can be issued on the separate form or contain on the back the ticket. The document which confirms passengers insurance during implementation of regular passenger traffic with road transport is the ticket. In insurance the policy it is specified:
type of compulsory insurance;
name, address, phone of the insurer;
sizes of insurance payment and insurance sum.
In case of passengers insurance of all modes of transport of the international messages the insurance payment joins in air fare and is kept from the passenger by carrier at the rate to 2 percent of fare in national currency of Ukraine.
In case of excess of amounts of insurance payments over payments of insurance indemnities insurers count to carriers up to 50 percent of the specified amounts according to concluded with them to contracts for financing of precautionary measures, directed to reduction of injury rate on transport.
In case the ticket completely is implemented for foreign currency, the insurance payment joins in air fare and keeps from the passenger in the same currency.
The passengers having the right to free pass according to the current legislation are subject to compulsory personal insurance without payment of insurance payment and without receipt of the insurance policy by them.
The insurance payments received from passengers are listed by carriers to insurers who obtained the license for implementation of compulsory personal insurance in Natskomfinuslug and signed the contract of the order with these organizations.
4. Insurers of drivers are legal entities or capable citizens - the subjects of business activity who are owners of vehicles or exploiting them and signed insurance contracts with the insurer.
The insurance rate on the rail, road and electric transport is determined by obligatory personal drivers insurance in the amount up to 0,18 of percent of insurance sum for each insured.
5. The relations between carriers and insurers concerning passengers insurance and drivers are determined by the agreements of the order and insurance contracts signed between them.
6. The size of insurance sum for each insured constitutes 6000 nontaxable incomes of minima of the income of citizens.
7. Insured events are:
a) death or death insured owing to casualty on transport;
b) obtaining insured injuries owing to casualty on transport in case of establishment to it disability;
c) temporary loss insured working capacity owing to casualty on transport.
If the cases specified in subitems "a", "b", "v" of this Item occurred owing to wrongful or malicious acts insured, they are not considered insurance and the insurance sum at the same time is not paid.
8. Insurers pay insurance sums:
a) in case of death or the death of the dead insured owing to casualty on transport to family or his heir in the amount of 100 percent of insurance sum;
b) in case of obtaining insured injuries owing to casualty on transport in case of establishment to it disability:
The I groups - 90 percent of insurance sum;
The II groups - 75 percent of insurance sum;
III groups - 50 percent of insurance sum;
c) in case of temporary loss insured working capacity for every day - 0,2 of percent of insurance sum, but no more than 50 percent of insurance sum.
In case of death or establishment of disability the difference between the maximum insurance sum provided by subitems "an" and "b" of this Item, and already received consideration is paid to the victim insured after temporary loss of working capacity and receipt of insurance indemnity by it or his heir.
9. Carrier on each casualty which occurred with insured on transport shall:
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