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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 1, 2002 No. 733

About approval of the Procedure and rules of carrying out compulsory liability insurance of subjects of transportation of dangerous goods on case of approach of negative effects during transportation of dangerous goods

(as amended on 22-03-2017)

According to Item "About insurance" the Cabinet of Ministers of Ukraine decides 26 parts one of article 7 of the Law of Ukraine:

1. Approve the Procedure and rules of carrying out compulsory liability insurance of subjects of transportation of dangerous goods on case of approach of negative effects during transportation of dangerous goods (are applied).

2. To the ministries, other central executive bodies to bring in three-months time the regulatory legal acts into accord with this resolution.

Prime Minister of Ukraine

A. Kinakh

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 1, 2002 No. 733

Procedure and rules of carrying out compulsory liability insurance of subjects of transportation of dangerous goods on case of approach of negative effects during transportation of dangerous goods

1. Compulsory liability insurance of subjects of transportation of dangerous goods on case of approach of negative effects during transportation of dangerous goods (further - liability insurance of subjects of transportation of dangerous goods) is led for the purpose of providing the damages caused to life and health of physical persons, the surrounding environment, property of physical persons and legal entities during transportation of dangerous goods.

2. In this Procedure and rules of concept are applied according to the Law of Ukraine "About insurance" and "About transportation of dangerous goods".

3. Subjects of liability insurance of subjects of transportation of dangerous goods are insurers, insurers and the third parties to whom harm is done during transportation of dangerous goods.

Insurers are subjects of transportation of dangerous goods, namely:

the sender of dangerous goods - noted in carriage documents legal (the resident and the nonresident) or physical person (the citizen of Ukraine, the foreigner, the stateless person) which prepares also gives this load for transportation;

carrier of dangerous goods - legal (the resident and the nonresident) or physical person (the citizen of Ukraine, the foreigner, the stateless person) which transports dangerous goods;

the receiver of dangerous goods - noted in carriage documents legal (the resident and the nonresident) or physical person (the citizen of Ukraine, the foreigner, the stateless person) which receives dangerous goods from carrier.

Person who performs forwarding functions in case of the consent to it of carrier can act as the insurer.

Insurers are legal entities - residents of Ukraine who obtained in accordance with the established procedure the license for carrying out liability insurance of subjects of transportation of dangerous goods.

The third parties - physical persons and legal entities to which harm in connection with approach of negative effects is done during transportation of dangerous goods.

4. Object of liability insurance of subjects of transportation of dangerous goods are valuable interests which do not contradict the legislation, connected with compensation by the insurer of the harm of life done to them, to health of physical persons, the surrounding environment, property of physical persons and legal entities during transportation of dangerous goods according to the procedure, determined by the legislation.

Insurance risks with which approach there is civil responsibility of the insurer is the harm done to life, health of physical persons, the surrounding environment, property of physical persons and legal entities during transportation of dangerous goods.

5. Insured event - any event during transportation of dangerous goods owing to which harm is done to life, health of physical persons, the surrounding environment, property of physical persons and legal entities and the arisen civil responsibility of the insurer concerning compensation of this damage.

All property claims or claims concerning the loss caused by one event are considered as one insured event.

6. The insurer liability begins from the beginning of activities of the subject of the transportation connected with transportation of dangerous goods from the place of its production to the destination with preparation of load, container, vehicles and crew, with acceptance of load, implementation of cargo operations and short-term storage of load at all stages of transportation, and comes to an end after completion of course of carriage.

7. Insurance sum on liability insurance of subjects of transportation of dangerous goods is the amount within which the insurer shall perform insurance payment to the insurer or for its order to the injured third party in case of loss occurrence.

The insurance sum for each complete and incomplete ton of dangerous goods is established depending on class of danger of load in the following sizes:
 
+------------------------------------------------------------+
¦               ¦         Class of dangerous goods            ¦
¦               +-------------------------------------------¦
¦               ¦ 1 ¦ 2 ¦ 3 ¦ 4 ¦ 5 ¦ 6 ¦ 7 ¦ 8 ¦ 9 ¦
+----------------+-----+----+----+----+----+----+----+---+---¦
¦ Free   ¦ 110 ¦ 70 ¦100 ¦ 70 ¦ 70 ¦120 ¦ 80 ¦100 ¦ 60 ¦
¦ tax minima ¦    ¦   ¦   ¦   ¦   ¦   ¦   ¦  ¦  ¦
¦ income of citizens ¦    ¦   ¦   ¦   ¦   ¦   ¦   ¦  ¦  ¦
+------------------------------------------------------------+

Insurance payments share:

1) on damages, caused to life and health of the third parties, - 50 percent of insurance sum, including as like as two peas the insurance sum is determined:

in case of damages to heirs of person who died (died) owing to insured event, - 500 tax-free minima of the income of citizens;

in case of assignment to the injured third party I, II and III groups of disability - respectively 450, 375, 250 tax-free minima of the income of citizens;

for each day of disability of the injured third party one tax-free minimum of the income of citizens, but no more than 250 tax-free minima of the income of citizens for all the time of disability;

2) on damages, caused to the surrounding environment, - 30 percent of insurance sum;

3) on damages, caused to property of the third parties, - 20 percent of insurance sum.

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