of December 22, 2005 No. 12
About some questions of application by courts of the legislation on compulsory insurance from labor accidents and occupational diseases
Having discussed practice of application by courts of the legislation on compulsory insurance from labor accidents and occupational diseases, the Plenum of the Supreme Court of the Republic of Belarus decides:
1. Draw the attention of courts that compulsory insurance from labor accidents and occupational diseases is directed to indemnification, the insured worker caused to life or health in case of accomplishment of labor obligations by it, by insurance payments.
In causing cases in the course of work of harm to the citizen who is not belonging to the category of persons which are subject to compulsory insurance from labor accidents and occupational diseases, harm is compensated in accordance with general practice.
2. Explain to courts that the relations on compulsory insurance from labor accidents and occupational diseases are regulated by the Civil code of the Republic of Belarus (further - group of companies), the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530 "About insurance activity", the Regulations on insurance activity in the Republic of Belarus approved by this Decree (The national register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7866; National legal Internet portal of the Republic of Belarus, 19.04. 2014, 1/14942) (further - the Provision), the regulatory legal acts of Council of Ministers of the Republic of Belarus accepted according to the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530, and also other acts of the legislation.
3. The exhaustive list of categories of citizens which life and health are subject to compulsory insurance from labor accidents and occupational diseases is provided in Provision Item 272. Citizens treat them: 1) working at the basis of employment contracts (contracts); 2) being persons appointed to the highest state positions, the deputies of the House of Representatives of National assembly of the Republic of Belarus, members of council of the Republic of National assembly of the Republic of Belarus performing the powers on professional basis, chairmen of local councils of deputies, and also judges; 3) working at the basis of civil agreements which subject are performance of works, rendering services or creation of intellectual property items, in the places provided by the insurer; 4) the performing paid works on the basis of membership (participation) in the organizations of any forms of business; 5) being heads of peasant farms, and also heads of the organizations - the single owners of their property; 6) the Republic of Belarus which is according to article 30 of the Code about education by students (except for cadets and listeners) and involved in works in the organizations during practical training, inservice training, training, and also being clinical interns; 7) containing in the organizations of criminal executive system, being in medical and labor dispensaries and involved in accomplishment of paid works.
According to rules, stipulated in Item 277 Provisions, the listed physical persons are considered by the insurers insured irrespective of the actual accomplishment of the obligations on payment of insurance premiums. At the same time it is necessary to carry not only citizens of the Republic of Belarus, but also foreign citizens and persons without citizenship to such persons if they have permission to temporary residence or the residence permit in the territory of the Republic of Belarus, and also in other cases provided by legal acts of the Republic of Belarus.
4. Performing work based on employment contracts (contracts) to courts it is necessary to recognize the citizens employed according to the procedure, the established legislation on work.
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