of March 29, 2002 No. 402
About approval of the Procedure and rules of carrying out obligatory civil liability insurance of citizens of Ukraine which have in property or other legal ownership weapon, for harm which can be caused to the third party or his property owing to ownership, storage or use of this weapon
1. Approve the Procedure and rules of carrying out obligatory civil liability insurance of citizens of Ukraine which have weapon in property or other legal ownership for harm which can be caused to the third party or his property owing to ownership, storage or use of this weapon (are applied).
2. Citizens whose weapon was registered before entry into force of this resolution shall sign the corresponding insurance contracts in five-months time.
3. To the Ministry of Internal Affairs and other central executive bodies to bring into accord with this resolution the regulatory legal acts which regulate questions of control of production, acquisition, storage, accounting, transportation and use of weapon.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 29, 2002 No. 402
1. Obligatory civil liability insurance of citizens of Ukraine who have weapon in property or other legal ownership (including prize), for harm which can be caused to the third party or his property owing to ownership, storage or use of this weapon (further - liability insurance of owners or users of weapon) is performed for the purpose of ensuring the indemnification caused to the third parties owing to emergence of insured events which led to damnification of life, health and/or property of the third parties.
2. Subject of liability insurance of the owner or the user of weapon are insurers, insurers and the third parties to whom harm is done.
3. Object of liability insurance of the owner or users of weapon 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 and/or property of physical persons and legal entities, owing to ownership, storage or use of weapon.
the military cut firearms of army samples or weapon made by the special order;
the emasculated and educational weapon;
unmodern small arms;
hunting cut firearms (carbines, small-caliber rifles, the combined guns, etc.);
hunting smooth-bore firearms;
sports firearms (sports guns, revolvers, rifles, guns, held for use in the sports purposes, etc.);
cold weapon (arbalests, onions, hunting knives, driving, swords, broadswords, yataghans, the Finnish knives, dirks, daggers, bayonets, bayonets knives which are not on arms of military forming);
pneumatic weapon (guns, revolvers, rifles of caliber more 4,5 of millimeter and the speed of flight of bullet over 100 meters per second in which the shell (bullet) is given in movement at the expense of the compressed gases).
Insurers are also citizens who on legal causes store and use weapon which owners are legal entities (except the military personnel of Armed Forces and other military forming, police officers, workers, prosecutor's office, court and other law enforcement agencies during accomplishment of service duties by them).
5. Insurers are legal entities - residents of Ukraine who obtained in accordance with the established procedure the license for carrying out liability insurance of owners or users of weapon.
6. The third parties - physical persons and legal entities to which (or to property of which) harm owing to ownership, storage or use of weapon is done. The extent of harm is established and determined in the procedure established by the legislation.
7. 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 ownership, storage or use of weapon.
Set of all claims and the claims made by the third parties concerning the indemnification caused by one event are considered as one insured event.
8. Insurance risks by which civil responsibility of the insurer is caused is death, disability or disability of physical person, and also damage (destruction) of property of physical person and/or legal entity owing to ownership, storage or use of weapon.
9. Insurance sum in case of liability insurance of owners or users of weapon is the sum of money in which borders the insurer shall carry out payment to the insurer or the third party to whom harm owing to insured event is done. The insurance sum is determined:
in case of compensation to heirs of the died (died) person, owing to insured event, - 11000 hryvnias;
in case of appointment to the injured third party I, II or III groups of disability - respectively 8250, 5500, 2750 hryvnias;
for each day of disability of the injured third party - 20 hryvnias, but no more than 2500 hryvnias;
in case of damage (destruction) of property - in the amount of book value of the damaged (destroyed) property owing to insured event, but no more than 30000 hryvnias. In case of lack of book value of property its size which is subject to compensation is established by agreement between the injured third party and the insurer, but no more than 30000 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.
10. 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 type and quantity of weapon at one citizen.
11. Citizens of Ukraine to or during registration, re-registration of weapon, receipt of permission to the right of storage, carrying departmental weapon on duty, fixing of weapon to them shall sign in accordance with the established procedure the insurance contract of responsibility of owners or users of weapon (further - the insurance contract) in form according to appendix. In case of lack of the insurance contract registration, re-registration, issue of permission to the right of storage, carrying departmental weapon during accomplishment of service duties, fixing of weapon is not carried out.
The insurance contract can be signed for a period of one up to ten years.
Information on procedure for the conclusion of the insurance contract is provided by the insurer.
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