THE ORDER OF STATE COMMISSION ON REGULATION OF THE MARKETS OF FINANCIAL SERVICES OF UKRAINE

of October 27, 2011 No. 673

About approval of the Regulations on features of the conclusion of agreements of compulsory insurance of civil responsibility of owners of land vehicles

According to Item 2 of the Section I of the Law of Ukraine of 17.02.2011 No. 3045-VI "About modification of some legal acts of Ukraine of rather road and transport incidents and payment of insurance indemnity", Items 5, the 6th Section I of the Law of Ukraine of 05.07.2011 No. 3565-VI "About modification of some legal acts of Ukraine concerning elimination of excessive state regulation in the sphere of motor transportations" and Item of 1 part one of article 28 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" State commission on regulation of the markets of financial services of Ukraine POSTANOVILA:

1. Approve Regulations on features of the conclusion of agreements of compulsory insurance of civil responsibility of owners of land vehicles which are applied.

3. To submit to department of standards of regulation and supervision of financial institutions together with department of legal providing this order to the Ministry of Justice of Ukraine for state registration.

4. To department of communications with state bodies, the public and the protocol of department organizational and analytical, documentary and staffing to provide placement of this order on the official site of State commission on regulation of the markets of financial services of Ukraine on the Internet after it to state registration.

5. This order becomes effective from the date of its official publication.

6. Control over the implementation of this order to assign to the vice-chairman according to distribution of obligations.

Approved by the Order of State commission on regulation of the markets of financial services of Ukraine of October 27, 2011 No. 673

Regulations on features of the conclusion of agreements of compulsory insurance of civil responsibility of owners of land vehicles

I. General provisions

1.1. This Provision according to Item 2 of the Section I of the Law of Ukraine of 17.02.2011 No. 3045-VI "About modification of some legal acts of Ukraine concerning the road accidents and payment of insurance indemnity" and Items 5, of the 6th Section I of the Law of Ukraine of 05.07.2011 No. 3565-VI "About modification of some legal acts of Ukraine concerning elimination of excessive state regulation in the sphere of motor transportations" determines features of the conclusion of agreements of compulsory insurance of civil responsibility of owners of land vehicles.

1.2. In this Provision the stated below terms are used in the following values:

the internal insurance contract - the agreement (the electronic agreement) of compulsory insurance of civil responsibility of owners of land vehicles which acts only on the territory of Ukraine;

information and telecommunication system (further - ITS) - set of information and telecommunication systems which in processing of information are effective as a unit and are used by the insurer for creation of internal insurance contracts according to requirements of the legislation regulating organization-legal bases of activities in the sphere of electronic commerce;

the insurance policy - single form of the internal insurance contract which certifies the conclusion of such agreement and affirms authorized body on representation of Motor (transport) insurance bureau of Ukraine (further - MTSBU);

Authorized body - the National commission performing state regulation in the sphere of the markets of financial services.

II. Obligations of the insurer in case of the conclusion of internal insurance contracts

2.1. In case of the conclusion of the internal insurance contract the insurer shall observe it:

2.1.1. To independently establish the individual size of insurance payment by performing basic payment and the corresponding adjusting factors.

The paragraph two is excluded according to the Order of the National commission performing state regulation in the sphere of the markets of financial services of Ukraine of 09.04.2019 No. 538.

2.1.2. Certify the fact of the conclusion of the internal insurance contract by provision of the policy of compulsory insurance of civil responsibility of owners of land vehicles which model is approved by Authorized body on representation of MTSBU, in paper form or by the direction of visual form of the insurance policy with display of data electronic means in the form suitable for perception of its content by the person and reproduction on paper.

2.1.3. Fill in the policy of compulsory insurance of civil responsibility of owners of land vehicles according to procedure for filling of the policy of compulsory insurance of civil responsibility of owners of land vehicles which is established by MTSBU.

2.1.4. The internal insurance contract becomes effective since the moment specified in the policy of compulsory insurance of civil responsibility of owners of land vehicles certifying the conclusion of such agreement except internal electronic insurance contracts.

2.1.5. Together with the policy of compulsory insurance of civil responsibility of owners of land vehicles to gratuitously provide to the insurer in paper or electronic form the list of representatives of the insurer, representatives to perform function of such insurer on processing of claims in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, special sign and the form of the notification on the road accident of the established MTSBU of sample.

2.2. In case of the conclusion of the internal insurance contract concerning the vehicle which is subject to mandatory engineering supervision according to the Law of Ukraine "About traffic" the insurer shall adhere to the following also:

2.2.1. Sign contracts of compulsory insurance of civil responsibility of owners of vehicles on condition of passing by the specified vehicles of mandatory engineering supervision if they according to the protocol of check of technical condition are acknowledged technically operational, for the term which is not exceeding the term of the next passing by the vehicle of mandatory engineering supervision according to requirements of the Law of Ukraine "About traffic".

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