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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 23, 2003 No. 953

About obligatory civil liability insurance for nuclear damage

(as amended on 09-09-2020)

According to Item "About insurance" and Item 5 of the Section V of the Law of Ukraine "About the civil responsibility for nuclear damage and its financial provision" the Cabinet of Ministers of Ukraine decides 12 parts one of article 7 of the Law of Ukraine:

1. Approve applied:

Procedure and rules of carrying out obligatory civil liability insurance for nuclear damage;

Special conditions of licensing of activities for obligatory civil liability insurance for nuclear damage;

Regulations on the Nuclear insurance pool.

2. State commission on regulation of the markets of financial services to develop and approve in three-months time procedure and rules of forming, placement and accounting of insurance reserves on obligatory civil liability insurance for nuclear damage.

3. To the ministries and other central executive bodies to bring own regulatory legal acts into accord with this resolution.

4. This resolution becomes effective from the date of publication.

Prime Minister of Ukraine

V. Yanukovych

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 23, 2003 No. 953

Procedure and Rules of carrying out obligatory civil liability insurance for nuclear damage

General provisions

1. Obligatory civil liability insurance for nuclear damage (further - compulsory insurance) is led for the purpose of compensation of nuclear damage.

2. Conditions of compulsory insurance are determined by the agreement of compulsory insurance which conclusion can make sure the insurance policy (the insurance certificate, the insurance certificate).

The agreement of compulsory insurance is signed according to the Standard agreement of obligatory civil liability insurance for nuclear damage given in appendix.

3. In the presents the Procedure and rules terms are applied in the value given in the Laws of Ukraine "About use of nuclear energy and radiation safety", "About the civil responsibility for nuclear damage and its financial provision", "About insurance" and in the Vienna convention on the civil responsibility for nuclear damage of May 21, 1963.

Subjects and object of compulsory insurance

4. The insurer - the legal entity - the resident of Ukraine which obtained in accordance with the established procedure the license for carrying out obligatory civil liability insurance for nuclear damage also is the member of the Nuclear insurance pool.

5. The insurer - the operator of nuclear installation appointed by the state in accordance with the established procedure.

6. Object of compulsory insurance - valuable interests which do not contradict the legislation and are connected with compensation of nuclear damage by the insurer.

Insurance risks and insured events, exceptions and restrictions

7. Insurance risk - event in case of which approach insurance is led and which has signs of probability and accident of approach of the civil responsibility of the insurer for nuclear harm.

8. Insured event - finding of legal force the judgment concerning compensation of nuclear damage or the conclusion of the agreement on compensation of nuclear damage which party there is insurer.

9. Cases of causing nuclear damage owing to nuclear incident which is caused are not subject to compulsory insurance:

military operations, armed conflicts, civil war, revolts, political or civil disorders, strikes, acts of terrorism;

force majeure, including the natural phenomena which have exclusive, inevitable, unforeseen nature.

10. Under agreements of compulsory insurance damages are not paid:

1) connected with compensation of moral damage, lost profit, negative consequences from genetic changes;

2) connected with the harm done to property of the insurer which belongs to it on the property rights or which he owns on the right of economic maintaining, operational management, under the agreement of storage, the order, etc.

Sizes of insurance sums and implementation of insurance payments

11. Insurance sum - sum of money in which borders the insurer in accordance with the terms of the agreement of compulsory insurance shall perform payment of insurance indemnity to the insurer or for its order to the injured person in case of loss occurrence during validity.

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