of June 14, 2012 No. 67-FZ
About obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers and about procedure for compensation of such harm done in case of public conveyances by the subway
Accepted by the State Duma on May 25, 2012
Approved by the Federation Council on June 6, 2012
1. This Federal Law governs the relations arising in connection with implementation of obligatory civil liability insurance of carrier for causing in case of public conveyances of harm of their life, to health, property (further also - compulsory insurance), determines legal, economic and organizational basis of this type of compulsory insurance, and also establishes procedure for the indemnification of life, to health, property of passengers caused in case of their transportations by the subway.
2. This Federal Law establishes conditions of compulsory insurance in case of public conveyances by any kinds of transport (except for public conveyances by the subway) concerning which transport charters, codes, other Federal Laws are effective.
3. This Federal Law is not applied to public conveyances by passenger taxi, and also modes of transport which civil responsibility of owners is subject to insurance in accordance with the legislation of the Russian Federation about obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object.
4. Part voided.
1. The legislation of the Russian Federation on obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers consists of the Civil code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation published according to them.
2. Other Federal Laws are applied to the relations on obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers in the part which is not settled by this Federal Law.
For the purposes of this Federal Law the following basic concepts are used:
1) transportation of the passenger - the service recognized by transportation of the passenger by transport charters, codes, other Federal Laws (further also - transportation). The transportation period, including the moments of the beginning and the end of transportation, is determined by transport charters, codes, other Federal Laws, and also part 2 of article 25 of this Federal Law;
2) the passenger - person recognized by the passenger transport charters, codes, other Federal Laws and also the child transported free of charge or on reduced rate with provision or without provision of the certain place in the vehicle;
3) carrier - the legal entity or the individual entrepreneur who are registered in the territory of the Russian Federation and in accordance with the legislation of the Russian Federation perform public conveyances, including according to the charter agreement (irrespective of circumstances whether they are contract carriers of transportation or transport actually);
4) property of the passenger - baggage, and also the cabin baggage and (or) other property of the passenger which are in case of it during transportation;
5) the victim - the passenger, to life, health to which property harm is in transit done;
6) the insurer - the insurance organization which obtained the license for implementation of compulsory insurance in the procedure established by the legislation of the Russian Federation and entered single all-Russian professional association of insurers (further - professional association of insurers) for implementation of compulsory insurance;
7) insurer - the carrier which signed the agreement of compulsory insurance with the insurer;
8) the beneficiary - the victim or in case of his death 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, adoptive parents, children of the dead, person at whom the victim was in dependence, and concerning compensation of necessary expenses on burial of the victim - persons who actually incurred such expenses;
9) the agreement of compulsory insurance - the agreement of obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers signed between the insurer and the insurer according to this Federal Law;
10) insured event - emergence of obligations of the carrier on indemnification caused in transit to life, health, property of passengers during the term of the agreement of compulsory insurance. With loss occurrence there is obligation of the insurer to pay insurance indemnity to beneficiaries;
11) ceased to be valid;
12) ceased to be valid;
13) ceased to be valid.
1. Compulsory insurance is entered for the purpose of ensuring the indemnification caused when transporting life, to health, property of passengers irrespective of mode of transport and type of transport, creation of uniform conditions of compensation of damage suffered, and also establishment of the procedure of receipt of indemnification by beneficiaries.
2. The basic principles of compulsory insurance are:
1) security of the indemnification caused when transporting life, to health, property of passengers due to payment of insurance indemnity or implementation of compensation payment in the limits established by this Federal Law;
2) protection by means of compulsory insurance of valuable interests of carrier in case of its civil responsibility for damnification of life, to health, property of passengers;
3) determination of the extent of damage suffered and procedure for its compensation irrespective of mode of transport and type of transport.
1. The civil responsibility of carrier for damnification of life, to health, property of passengers when transporting (except for public conveyances by the subway) is subject to insurance according to the procedure and on conditions which are established by this Federal Law. Implementation of public conveyances by carrier (except for public conveyances by the subway) which civil responsibility is not insured is forbidden.
2. If the valuable interests of carrier specified regarding 1 article 8 of this Federal Law when implementing of international carriages by it, and also the carrier which is the owner of the vessel registered in the Russian international register of courts when implementing of transportations by it in the message between seaports of the Russian Federation (cabotage) and carrier when implementing of the international and (or) domestic airborne transportations by it are insured according to the insurance contracts signed according to the requirements of international treaties of the Russian Federation, national requirements of other states or their unions which are condition of implementation of activities for public conveyances or in voluntary procedure (including according to the insurance contracts signed outside the Russian Federation) on insurance risks and with insurance sums in the amount of at least specified in this Federal Law, obligation, established by part of 1 this Article, it is considered performed by such carriers.
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