ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 30, 2011 No. 1205

About conducting examination for the purpose of confirmation of the fact of loss occurrence and sizing of the damage caused to the insurer under the agreement of agricultural insurance

According to article 5 of the Federal Law "About the state support in the field of agricultural insurance and about introduction of amendments to the Federal law "About Development of Agricultural Industry" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of conducting examination for the purpose of confirmation of the fact of loss occurrence and sizing of the damage caused to the insurer under the agreement of agricultural insurance;

requirements to the independent experts attracted to conducting examination for the purpose of confirmation of the fact of loss occurrence and sizing of the damage caused to the insurer under the agreement of agricultural insurance.

2. To the Ministry of Agriculture of the Russian Federation to approve structure of the commission for carrying out certification of the independent experts attracted to conducting examination for the purpose of confirmation of the fact of loss occurrence and sizing of the damage caused to the insurer under the agreement of agricultural insurance and terms of carrying out the specified certification.

3. This resolution becomes effective since January 1, 2012.

Approved by the Order of the Government of the Russian Federation of December 30, 2011 No. 1205

Rules of conducting examination for the purpose of confirmation of the fact of loss occurrence and sizing of the damage caused to the insurer under the agreement of agricultural insurance

1. These rules establish procedure for conducting examination with involvement of independent experts for the purpose of confirmation of the fact of loss occurrence and determination of the reasons of loss (death) of harvest of crop, landings of long-term plantings, farm animals and (or) objects of commodity aquaculture (commodity fish breeding) and the extent of the damage caused to the insurer under the agreement of agricultural insurance if in case of insurance rendering the state support is performed.

2. In these rules the following concepts are used:

"examination" - qualified research the provided insurer and the insurer of the relevant documents, information and the materials received including as a result of monitoring with use of aviation and space means which list is determined by rules of agricultural insurance stipulated in Item 7 parts 4 of article 9 of the Federal Law "About the state support in the field of agricultural insurance and about introduction of amendments to the Federal law "About Development of Agricultural Industry", and also inspection (in case of possibility of carrying out) objects of insurance concerning which the relevant agreement of agricultural insurance was signed, carried out by independent experts for the purpose of providing the motivated expert opinion confirming the fact of loss occurrence, and sizing of the damage caused to the insurer under the agreement of agricultural insurance;

"independent expert" - the physical person certified by the Ministry of Agriculture of the Russian Federation in accordance with the established procedure and brought in the list of the independent experts certified by the Ministry for conducting examination, posted on the official site of the Ministry;

"insurer" - the insurance company performing agricultural insurance and being the member of the merging of the insurers created according to the Federal Law "About the state support in the field of agricultural insurance and about introduction of amendments to the Federal law "About Development of Agricultural Industry";

"object of insurance" - harvest of crops, landings of long-term plantings, farm animals and (or) objects of commodity aquaculture (commodity fish breeding);

"inspection of objects of insurance" - qualified assessment of condition of crops (landings) of crops, landings of long-term plantings, farm animals and (or) objects of commodity aquaculture (commodity fish breeding) in the place of their stay.

3. Expertize is carried out by the insurer concerning events, the stipulated in Article 8 Federal Laws "About the state support in the field of agricultural insurance and about introduction of amendments to the Federal law "About Development of Agricultural Industry", in case of availability of disagreements between agreement parties of agricultural insurance concerning the fact of loss occurrence and the extent of the damage caused to the insurer.

4. The insurer in the presence of the notification from the insurer on availability of the disagreements specified in Item 3 of these rules shall organize conducting examination in time, not exceeding 5 working days from the date of receipt of the adequate notice.

5. Expertize is carried out based on the contract between the insurer and the independent expert.

6. Terms of conducting examination and the description of its subject (object) are approved by the insurer and the insurer and certified by the signature of the insurer.

For review the insurer sends to the insurer the notification in writing with statement of terms of conducting examination and the description of its subject (object). The insurer in time who is not exceeding 3 working days from the date of receipt of the specified notification sends the approved notification to the insurer.

7. Fee of the independent expert under the agreement, stipulated in Item 5 these rules, is made at the expense of the insurer.

8. The insurer has no right to attract to conducting examination (participation in conducting examination) of the independent expert if he is founder, the shareholder, the participant, the employee of the insurer or insurer. With interest in results of examination the independent expert shall report to the insurer and the insurer about impossibility of the participation in conducting examination.

9. Independent expert:

a) reports to the insurer and the insurer about impossibility of the participation in conducting examination in case of availability of the circumstances specified in Item 8 of these rules;

b) ensures safety of the documents, information and materials specified in the paragraph the second Item 2 of the these rules received from the insurer and the insurer during conducting examination;

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