of July 9, 2002 No. 944
About approval of the Procedure and rules of carrying out compulsory liability insurance of owners of dogs for harm which can be caused to the third parties
2. To the ministries and other central executive bodies to bring the regulatory legal acts into accord with this resolution.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 9, 2002 No. 944
1. Compulsory liability insurance of owners of dogs for harm which can be caused to the third parties (further - compulsory insurance) is carried out for the purpose of ensuring the indemnification caused to life, health and/or property of the third parties.
The owner of dog in connection therewith Rather and to rules the legal entity or physical person which performs care of the dog belonging to it on the property rights or on other bases which do not contradict the legislation (the lease agreement, orders, etc.) is considered.
2. Subjects of compulsory insurance are insurers, insurers and the third parties.
Insurers are capable citizens and legal entities (except divisions of the Armed Forces and other military forming, bodies of National police, prosecutor's office, court and other state bodies containing dogs for accomplishment of service duties) who on legal causes are owners of dogs.
Insurers are legal entities - residents of Ukraine who obtained in accordance with the established procedure the license for carrying out this type of compulsory insurance.
The third parties - physical persons and legal entities to which (or to property of which) harm owing to aggressive and/or unforeseen action of dog is done.
3. Object of compulsory insurance are valuable interests which do not contradict the legislation of Ukraine, connected with compensation by the insurer of the harm done to life, health and/or property of the third parties owing to aggressive and/or unforeseen action of dog.
The direct harm done to the third party owing to aggressive and/or unforeseen action of dog is subject to compensation if the causal relationship between this action of dog and the harm done by it takes place. The extent of harm is determined in the procedure established by the legislation.
4. The insured event is event which civil responsibility of the insurer concerning compensation by it is caused by the harm done to the third party and/or his property owing to aggressive and/or unforeseen action of dog.
Set of claims and the claims made by the third parties concerning the indemnification caused by one event are considered as one insured event.
5. Insurance risks owing to which there comes civil responsibility of the insurer is death, disability or disability of physical person, temporary disorder of health at the child, and also damage (destruction) of property of the third party.
6. The insurance sum is sum of money in which borders the insurer according to conditions of insurance shall perform payment to the third party or the third parties (if the victims a little) after loss occurrence.
The insurance sum is determined:
in case of compensation to heirs of person who died owing to insured event, - 11 000 hryvnias;
in case of appointment to the injured physical person I, II or III of group of disability - according to the 8th 250, the 5th 500, 2 750 hryvnias;
for each day of disability of the injured physical person, disorder of health at the child - 20 hryvnias, but no more than 2 500 hryvnias;
in case of damage (destruction) of property of the third party - in the amount of its book value, but no more than 30 000 hryvnias. In case of lack of book value of property its size is established by the insurer by agreement with the third party, but no more than 30 000 hryvnias. If such agreement was not reached, the size of losses is established by a court decision. In case of partial damage of property for payment of insurance indemnity the property value which is subject to replacement or recovery (recovery cost), in the procedure determined by the legislation is estimated.
7. The insurance rate is established in the amount of one minimum of the income of citizens which is not assessed by taxes for a period of one year irrespective of breed of dog for physical persons and two minima of the income of citizens not assessed by taxes for a period of one year for legal entities.
8. Owners of dogs whose breeds are specified in appendix 1, to or during registration of re-registration shall sign in accordance with the established procedure the agreement of compulsory liability insurance of owners of dogs for harm which can be caused to the third parties (further the insurance contract), in form according to appendix 2. In case of lack of the insurance contract registration, re-registration of dogs is not carried out.
The insurance contract can be signed for a period of one up to three years.
The conclusion of insurance contracts by legal entities for benefit of regular and freelance employees is allowed if they for accomplishment of service duties use own dogs according to the legislation.
The insurance contract becomes effective from the date specified in the insurance policy, but not earlier than introduction of insurance payment by the insurer for benefit of the insurer who makes sure the relevant documents.
In case of change of the owner of dog validity of insurance extends to the new owner on condition of renewal of this contract for his name.
In case of entrance on the territory of Ukraine and lack of the insurance contract signed in Ukraine, the owner of dog shall sign the insurance contract, except cases if the owner of dog signed the relevant agreement in the state, which dogs Ukraine signed the agreement on mutual recognition of agreements of such insurance with authorized organization for liability insurance of owners.
Information on procedure for the conclusion of the insurance contract is provided by the insurer.
9. In case of loss occurrence the insurer shall report in three-day time about it to the insurer.
For receipt of insurance indemnity to the insurer the following documents are filed:
the statement for payment of insurance indemnity in connection with loss occurrence;
the act of investigation of insured event (in case of conducting investigation);
the statement from the judgment about collection from the insurer of losses in the amount of damage suffered (in case of consideration of materials in court);
documents which certify satisfaction of the claim of the third party;
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