of July 27, 2010 No. 225-FZ
About obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object
Accepted by the State Duma on July 16, 2010
Approved by the Federation Council on July 19, 2010
1. This Federal Law governs the relations connected with obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object (further - compulsory insurance).
2. Operation of this Federal Law does not extend to the relations arising owing to:
1) damnifications outside the territory of the Russian Federation, and also other territories over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law;
2) uses of atomic energy;
3) damnifications to the environment.
For the purposes of this Federal Law the following basic concepts are applied:
1) the victims - physical persons, including employees of insurer, life, to health and (or) property of which, including in connection with violation of conditions of their activity, harm as a result of accident on dangerous object, legal entities to whose property harm as a result of accident on dangerous object is done is done. The provisions of this Federal Law applied to the victim - to physical person, are applied also to persons having the right to insurance payment or compensation payment in case of the death of the victim. Persons having the right according to the civil legislation to indemnification as a result of the death of the injured (supporter) in the absence of such persons - the spouse, parents, children of the dead, person at whom the victim was in dependence, and concerning compensation of necessary expenses on burial - persons who actually incurred such expenses treat such persons;
2) accident on dangerous object - damage or destruction of constructions, the technical devices used on dangerous object, explosion, leakage, emission of dangerous substances, collapse of rocks (masses), refusal or damage of technical devices, variation from the mode of engineering procedure, dumping of water from water storage basin, liquid waste of industrial and agricultural organizations which arose in case of operation of dangerous object and entailed damnification by the victim;
3) violation of conditions of activity - situation which resulted from accident on dangerous object and in case of which in certain territory accommodation of people in connection with death or damage of property, threat of their life or to health is impossible;
4) the owner of dangerous object - the legal entity or the individual entrepreneur owning dangerous object on the property right, the right of economic maintaining or the right of operational management or on other legal cause and performing operation of dangerous object;
5) operation of dangerous object - input of dangerous object in operation, use, maintenance, preservation, modernization, capital repairs, liquidation of dangerous object, and also production, installation, adjustment, servicing and repair of the technical devices used on dangerous object;
6) the insurer - the owners of dangerous object or person specified regarding 1 article 4 of this Federal Law, who signed the agreement of obligatory civil liability insurance for damnification by the victim as a result of accident on dangerous object (further - the agreement of compulsory insurance);
7) the insurer - the insurance company having the license for implementation of compulsory insurance granted in accordance with the legislation of the Russian Federation;
8) insurance sum - sum of money within which the insurer shall make insurance payments to the victims in case of approach of each insured event irrespective of their number during the term of the agreement of compulsory insurance;
9) insurance rate - rate of insurance premium from unit of insurance sum taking into account technical and constructive characteristics of dangerous object;
10) the act of the reasons and of circumstances of accident - the document constituted according to the legislation on industrial safety of hazardous production facilities, the legislation on safety of hydraulic engineering constructions, the legislation in the field of protection of the population and the territories against emergency situations, acts of the Government of the Russian Federation concerning conducting technical investigation of the reasons of accidents on dangerous objects, regulatory legal acts in the field of labor protection, or other document constituted by the body authorized on investigation of the reasons and circumstances of accident on dangerous object, the containing data on the reasons and on circumstances of accident, other data and included in the list of the relevant documents provided by rules of compulsory insurance;
11) the insurance act - the document constituted by the insurer and containing data on consideration by it of the requirement about insurance payment, including about availability or about lack of insured event, about the victim and about the amount of the insurance payment which is due to it or about the refusal bases in insurance payment;
12) compensation payments - the payments performed by professional association of insurers on account of the indemnification caused to the victim in the cases established by this Federal Law;
13) reserve for financing of compensation payments - the funds transferred by insurers in professional association of insurers and intended for implementation of the compensation payments provided by parts 1 and 2 of article 14 of this Federal Law, and compensation of missing part of assets by transfer of the insurance portfolio, stipulated in Item 5.1 parts 1 of article 18 of this Federal Law, and also the means received by professional association of insurers from realization of rights to claim, stipulated in Article the 16th this Federal Law.
1. Object of compulsory insurance are the valuable interests of the owner of dangerous object connected with its obligation to compensate the harm done to the victims.
2. Insurance risk is the possibility of approach of the civil responsibility of the owner of dangerous object according to the obligations arising owing to damnification by the victim.
3. Insured event is approach of the civil responsibility of the insurer according to the obligations arising owing to damnification by the victim during validity of compulsory insurance which involves obligation of the insurer to make insurance payment to the victims.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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