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THE ORDER OF THE BELARUSIAN BUREAU ON TRANSPORTATION INSURANCE OF THE REPUBLIC OF BELARUS

of June 20, 2014 No. 18 of odes

About approval of Rules of determination of the extent of the harm done to property (except for the vehicle) the victim as a result of the road accident, for the purposes of obligatory civil liability insurance of owners of vehicles

(as amended on 21-12-2022)

Based on Item 191 of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530 "About insurance activity" in edition of the Presidential decree of the Republic of Belarus of April 14, 2014 No. 165 and the Charter of the Belarusian bureau on transportation insurance approved by the Presidential decree of the Republic of Belarus of December 1, 1999 No. 701, I ORDER:

1. Approve the enclosed Rules of determination of the extent of the harm done to property (except for the vehicle) the victim as a result of the road accident, for the purposes of obligatory civil liability insurance of owners of vehicles.

2. This order becomes effective since July 1, 2014.

CEO

A.P.Avseyko

It is approved

Chairman of the State committee on property of the Republic of Belarus

June 20, 2014

 

G. I. Kuznetsov

Approved by the Order of the Belarusian bureau on transportation insurance of June 20, 2014 No. 18 of odes

Rules of determination of the extent of the harm done to property (except for the vehicle) the victim as a result of the road accident, for the purposes of obligatory civil liability insurance of owners of vehicles

Chapter 1. General provisions

1. These rules establish procedure for determination of the extent of the harm done to property (except for the vehicle) the victim as a result of the road accident which is subject to insurance indemnity on obligatory civil liability insurance of owners of vehicles (further - the extent of harm).

2. These rules are applied to determination of the extent of the harm done to the following types of property of the victim:

2.1. capital structures:

buildings of the different function, apartment houses and structures adjoining them and also spatially separated them economic (subsidiary and domestic) constructions and constructions;

constructions, including road constructions (covering of roads, roadside strips, artificial features, billboards and route signs, support, masts, including lighting, barriers, means of regulation of traffic, barrier of roads, streets, bridges and tunnels), barriers of households, the companies and other;

other objects, including collapsible and portable buildings and constructions, temporary buildings, constructions, engineering networks and other improvements;

the objects which are not completed by construction;

2.2. personal estate or its part (except for money, jewelry, securities, documents, collections and vehicles):

utilities equipment (power machines and the equipment), including the generators which are carrying out heat and electrical energy, and the engines turning energy of any kind (energy of water, wind, thermal, electric, etc.) in mechanical;

working machines and the equipment, including machines, devices, other types of the equipment intended for mechanical, thermal and chemical impact on the processed subject which can be in strong, liquid or gaseous state, for the purpose of change of its form, properties, condition or provision, including warehouse and weight handling equipment;

deliverers, including power lines (low-voltage and power distribution circuits of electricity transmissions, railway, trolleybus and tram contact nets) and air-ground data links (radio - and telephone lines, networks and means of the railway automatic alarm system, centralization and blocking, digital data transmission networks and communications and so forth);

the information equipment and computer facilities, including set of the means (machines, devices, devices, etc.) intended for acceleration and automation of the processes connected with the decision mathematical (computing, logical) tasks on the set algorithm;

the measuring and regulating devices and devices, including devices and devices for any measurements (thickness, diameter, the area, weight, time, pressure, speed, speed, capacity, tension and current intensity, etc.) and for regulation of production processes by both manual, and automatic method, monitoring equipment and diagnostics, including the equipment of gas stations and petroleum storage depots;

tool, stock;

household property, personal belongings and accessories of participants of traffic;

production supplies, including finished goods;

goods, work in progress, semifinished products, components;

2.3. objects of animal and flora, except for environment objects;

2.4. loads.

3. For the purposes of these rules the following main terms and their determinations are applied:

emergency depreciation – decrease in consumer qualities of property as a result of damage to the road accident (further – road accident);

basic object analog – object analog with useful life and in the technical condition close to assessment object;

external depreciation – the depreciation caused by negative impact of external factors on assessment project cost;

restoring repair of property (further – repair) – set of works and actions for maintenance or operability of property, its elements or its parts executed according to the standards, technical specifications and (or) technologies and other documents approved in accordance with the established procedure for the corresponding type of property, providing high-quality recovery of property, its elements, parts proceeding from minimization of costs for rectification of faults when preserving necessary quality of works, materials and parts;

auxiliary material – the material of one-time use applied in engineering procedure of repair of property;

the secondary market – the market in which are offered to sale and are on sale being in operation or in construction in progress of unit of property;

warranty property – the property having on the date of loss occurrence the operating warranty on useful life or operating time established by the manufacturer or his official representative on property in general (except for the elements and parts subject to intensive natural wear or subject to periodic replacement). The property, including new, implemented by his manufacturer to the wholesale seller (dealer) for the subsequent small wholesale or retail sale and having the operating manufacturer's guarantee according to the agreement signed between the manufacturer and the dealer belongs to warranty property;

date of assessment – date of road accident for which determination of average market property value and the extent of harm as a result of this road accident is made;

defect of operation – the defect caused by inadequate operating conditions either storages or result of poor carried out repair work of this property;

wild animals – set of the organisms of animal origin (mammals, birds, reptiles, Amphibia and fishes) living on the earth (on surface, in the soil, in underground emptiness), in surface waters and the atmosphere in the conditions of natural freedom, constantly or the different countries which are temporarily inhabiting the territory and relating to environment objects;

the authorized representative – the physical person or legal entity authorized based on the power of attorney issued in accordance with the established procedure to represent the interests of the victim or interested person in case of survey of the damaged property and other procedures connected with indemnification;

pets – set of live organisms (cattle, pigs, horses, sheep, goats, fur animals, birds, fishes and other farm animals who are specially grown up and used for receipt (production) of animal products (livestock production products) and also as the vehicle or drag force;

animals are the pets, animals partners, animals used in cultural and spectacular actions, office animals, laboratory animals, wild animals;

the animals used in cultural and spectacular actions – the animals used in zoos, circuses, portable menageries, in sport in the field of rest and entertainments of citizens, at exhibitions of animals and in other cultural and spectacular actions;

animals partners are animals for whom the person feels affection and whom contains in house conditions without revenue generating purpose for satisfaction of need for communication, in the esthetic and educational purposes, and also seeing eye dogs, hunting dogs and hunting birds;

additional equipment – the equipment installed by the manufacturer on objects of assessment of the corresponding brand, series by the individual order in case of its acquisition or in use over basic equipment;

the interested person – person recognized in accordance with the established procedure responsible for the harm done to property (further – the causer of harm), and also other person (except for victim) whose rights and legitimate interests are infringed by the decision, actions (failure to act) of the appraiser during the carrying out survey of property and determination of the extent of harm;

the customer – the insurer, the Belarusian bureau on transportation insurance (further – the Belarusian bureau), the legal or physical person which signed the contract with the contractor of assessment of harm for rendering services in determination of the extent of harm;

identification of property – establishment of compliance of the data on object of assessment provided to the victims and the actual data obtained in case of its survey;

the identification characteristic – marking designation, the sizes, picking, actual data about assignment, technical, utilization and economic characteristics (including the actual operating time, year of production and year of commissioning, operating expenses), the additional equipment, the manufacturer, exterior, other data allowing to identify and determine consumer properties of object of assessment;

identical object – the object which is completely matching with assessment object according to physical, functional and other characteristics;

depreciation – loss of cost as a result of decrease in consumer qualities of object of assessment or object analog;

the contractor of assessment of harm – the legal entity or the individual entrepreneur rendering to the customer of service in determination of the extent of harm for the purposes of obligatory civil liability insurance of owners of TS (further – the contractor of assessment);

operational property – property, technical condition and which picking conform to standards, technical specifications and (or) technology and other documents approved in accordance with the established procedure for the corresponding type of property by the manufacturer and (or) requirements of the legislation of the Republic of Belarus;

laboratory animals are the animals used in scientific experiment or experience, biological testing, educational process, and also in production of biological medicines;

cumulative depreciation – the depreciation caused by set of the factors carried to physical, functional and external wear;

new property – the operational earlier not operated property offered for sale in the primary market;

standard time (labor input of repair work) – the number of normo-hours established for accomplishment of certain type of repair operations or repair complexes;

impairment (loss of consumer qualities) – the unrecoverable functional depreciation of property or its elements, parts connected with insignificant deterioration in its exterior, which resulted from accident and not connected with deterioration in its working capacity, reliability and durability;

object analog – the object similar to the object which is subject to assessment according to the basic economic, technical, technical and other performance;

flora objects – artificially created and wild-growing wood and shrubby or grassy plantings, which life term more than two years;

fauna objects – animals (except for the wild animals belonging to environment objects), and also their populations;

selection amount – the quantity of units of the corresponding type of property providing reliability and reliability of results of determination of average market property value;

the organization of service – the legal entity or the individual entrepreneur who are official representatives of manufacturer of property and (or) having the license or the certificate of conformity for services in servicing and repair of certain type of property;

survey of property – organoleptic research of the damaged property for the purpose of its identification, determination of condition, identification and fixing of damages;

separate inventory object – the finished device with all to it devices and accessories or the separate structurally isolated subject intended for accomplishment of certain independent functions, or the isolated complex of the constructive jointed objects representing unit and jointly performing certain work;

the absent equipment – the absent element (set of elements) or part (set of parts) of property which is included in the serial package of analog;

the appraiser of property – the certified by the Belarusian bureau according to the procedure, it determined, physical person which is carrying out property assessment in the field of obligatory civil liability insurance of owners of TS personally as the individual entrepreneur or as the worker of the contractor of assessment, including the insurer (The Belarusian bureau) (further – the appraiser);

the appraiser of TS – the certified by the Belarusian bureau according to the procedure, it determined, physical person which is carrying out assessment of TS in the field of obligatory civil liability insurance of owners of TS personally as the individual entrepreneur or as the worker of the contractor of assessment, including the insurer (The Belarusian bureau);

the primary market – the market of new property, including new completed by construction and not completed by construction of facilities;

the damaged property – the property having damages of its structural elements or constituents (change of geometrical form, parameters, functional properties) either dismantled, or unsuitable to further operation;

the died (destroyed) property – the damaged property which repair is technically impossible or economically inexpedient;

representative selection – the selection of the prices of objects analogs of information sources reflecting actual state of structure of the prices in the market and price positioning on it of the property which is assessment object;

the principle of economic feasibility – the principle according to which the cost of tariff unit (one normo-hour of works), part and the material used in case of repair cost determination is determined by the smallest price at which it can be recovered in the organizations of service which are in reasonable availability from the location (the residence (the place of stay) of the victim – the resident of the Republic of Belarus or the place (region) of making of road accident for the victim – the nonresident of the Republic of Belarus is acquired or created identical object with equivalent usefulness, at the same time for part and material availability of such identical object in retail retail chain stores and (or) the term of its delivery is considered;

repair materials – the main and auxiliary materials used in case of repair of property;

repair work – the complexes of transactions and (or) single transaction of the corresponding work type which are carried out in the course of repair and elimination of defects;

office animals are the animals used in search, sentry, patrol and on point duty, protective and guard, search and rescue and other office purposes;

service life – period of time after which assessment object finally stops accomplishment of the functions assigned to it;

useful life – the period of time which passed from delivery date (construction) of property including time of its storage (preservation), lease, servicing, repair and use of property, before date of assessment;

the average market price – the result of determination of market value of property on object analog established on the basis of processing of initial price information of offers (transactions) on objects analogs and check of its reliability;

average market cost – the result of determination of market value of property before accident established on the basis of processing of initial information on objects analogs and the carried-out calculations by market evaluation methods for date of assessment;

the term of economic life – period of time during which improvements in object of assessment or object analog give contribution to their cost;

cost – economic category which determines the settlement cash equivalent reflecting idea of the value (usefulness) of the corresponding object. Cost is not the fact, but opinion on the most probable price which would be paid for object in case of its exchange or economic benefits from ownership of object;

market value (further – property value) – property value on most of which possibly the seller of object of assessment agrees it to sell, and the buyer of object of assessment agrees it to acquire. The property value is understood doavariyny (for a moment, directly prior to road accident) as property value;

the cost of updating of property – difference between the cost of new parts and cost of parts less cumulative depreciation when replacing of the damaged parts on new;

cost skrapovy – the cost which the property will have in case of inexpediency of its further use and (or) realization as secondary materials;

the cost of one normo-hour of repair work – the amount of the corresponding work type in value term carried to standard time;

property repair price – the cost of rectification of faults of property including labor and material costs, overheads, taxes, charges and other obligatory non-tax payments, and also profit of the organization of service making repair of property;

cost utilization – the property value equal to total market value of parts (elements, materials, designs) into which it is possible to divide object of assessment or object analog, and if necessary – minus costs for its separation and costs for utilization;

the cost of elimination of defects of operation – the recoverable physical wear determined as repair price by elimination of defects of operation of property less the cost of updating of the parts replaced at the same time;

the destroyed (died) property – defective property which repair is technically impossible or economically inexpedient;

physical wear – the depreciation of property and its parts caused by deterioration in initial technical and operational qualities and properties (durability, stability, reliability, etc.) as a result of impact of climatic factors and life activity of the person;

functional depreciation – the depreciation of property and its parts caused by discrepancy of characteristics of object of assessment or object analog to modern market requirements;

part (component) of property – the aggregate, node, the property detail delivered on assembly production of the manufacturer of property, delivered as replaceable (reserve) parts for model (modification) of property which is in operation.

Other terms are applied in these rules in the values established by normative legal and technical legal acts including the Law of the Republic of Belarus of June 14, 2003 "About flora" (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954), the Law of the Republic of Belarus of July 10, 2007 "About fauna" (The national register of legal acts of the Republic of Belarus, 2007, No. 172, 2/1354), the Presidential decree of the Republic of Belarus of November 28, 2005 No. 551 "About measures for traffic safety increase" (The national register of legal acts of the Republic of Belarus, 2005, No. 189, 1/6961), the Presidential decree of the Republic of Belarus of December 8, 2005 No. 580 "About some measures for increase in efficiency of maintaining hunting economy and fishing activities, enhancement of public administration by them" (The national register of legal acts of the Republic of Belarus, 2005, No. 196, 1/6996) and the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530 "About insurance activity" (The national register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7866), and also state standards of the Republic of Belarus and technical codes of common practice of the Republic of Belarus:

STB 52.0.01-2011 Value assessment of objects of the civil laws. General provisions;

STB 52.0.02-2011 Value assessment of objects of the civil laws. Terms and determinations;

STB 52.2.01-2011 Value assessment of objects of the civil laws. Value assessment of the parcels of land;

STB 52.3.01-2011 Value assessment of objects of the civil laws. Value assessment of capital structures (buildings, constructions) which are not completed by construction of facilities, insulated spaces, parking places as real estate units;

STB 52.4.01-2011 Value assessment of objects of the civil laws. Value assessment of machines, equipment, stock, materials as objects of the civil laws;

GOST 3.1109-82 ESTD. Terms and determinations of the basic concepts;

TKP 52.3.01-2015 Value assessment of objects of the civil laws. Value assessment of capital structures (buildings, constructions), insulated spaces, parking places as real estate units;

TKP 52.3.02-2015 Value assessment of objects of the civil laws. Value assessment of apartment houses, garden lodges (dachas) and living accommodations, except for objects of construction in progress;

TKP 52.4.01-2011 Value assessment of objects of the civil laws. Value assessment of machines, equipment, stock, materials;

TKP 52.3.03-2013 Value assessment of objects of the civil laws. Value assessment of long-term plantings;

TKP 52.3.04-2015 Value assessment of objects of the civil laws. Value assessment not completed by construction of facilities.

4. Determination of the extent of harm is made by appraisers of the contractor of assessment, including the insurer (The Belarusian bureau).

5. In case of determination of the extent of harm the damages of property referred to specific road accident are considered. If the property is damaged as a result of several road accidents and (or) as a result of survey of property it is not possible to divide defects of operation and damage of property as a result of road accident, for establishment of cause and effect relationship between damages of property and their reference to specific road accident and (or) separations of defects of operation and damages of property as a result of specific road accident autotechnical expertize is carried out.

6. The extent of harm is determined by the appraiser for date of assessment calculated on the basis of repair price of property and (or) its impairment as a result of road accident and calculation of average market property value.

7. Cost determination of property, its elements or parts, the materials used in case of repair, costs of works is made in national currency of the Republic of Belarus. Use of foreign currencies with their subsequent recalculation in national currency proceeding from established by National Bank of the Republic of Belarus (further - National Bank) the official rate of Belarusian ruble in relation to these currencies for date of assessment is allowed in calculations.

Chapter 2. Procedure for determination of the extent of harm

8. Determination of the extent of harm is performed in the following procedure:

8.1. inspection and identification of the damaged property according to the procedure, established in Chapters 4-7 of these rules is performed;

8.2. input data for calculation of the extent of harm according to the procedure, established in Chapters 8-10 of these rules are determined;

8.3. the repair price of the damaged property according to the procedure, established in Chapter 11 of these rules is determined;

8.4. the property value and cumulative depreciation according to the procedure, established in Chapters 12-18 of these rules is determined;

8.5. the extent of harm according to the procedure, established in Chapters 19-20 of these rules is determined;

8.6. the conclusion about the extent of harm is constituted;

8.7. the document package by determination of the extent of harm for implementation of payment of insurance indemnity is created.

Cost determination of property or cost of its repair is made if necessary.

9. Determination of the extent of harm by the appraiser of the contractor of assessment is made based on the service provision agreement by determination of the extent of the harm signed between the customer and the contractor of assessment in writing.

10. The contractor of assessment represents document package by determination of the extent of harm to the customer no later than five working days following behind day of survey of the damaged property.

If services in determination of the extent of harm are executed by the contractor of assessment in an inadequate way, the customer within three working days following behind day of receipt of such documents in writing returns them for elimination of the circumstances which served as return reason of documents with indication of these reasons. The term of rendering service in determination of the extent of harm in this case shall not exceed two working days.

If by the contractor of assessment it is determined that for rendering service in determination of the extent of harm it is necessary to perform collection of the additional information, then it shall notify on it the customer in writing. At the same time the timeline for delivery of services by determination of the extent of harm is calculated of the date of receipt of all necessary documents.

Chapter 3. Procedure for collection and the analysis of initial information for cost determination of property and the extent of harm

11. Information sources for cost determination of property and the extent of harm depending on structure of documents and rules of their registration, type of the damaged property are determined according to:

STB 52.3.01-2011, TKP 52.3.01-2012, TKP 52.3.02-2012 - for capital structures, including buildings, constructions, other objects which are not completed by construction of facilities;

STB 52.4.01-2011, TKP 52.4.01-2011 - for personal estate, including machines and the equipment, production supplies, fauna objects;

TKP 52.3.03-2013 - for flora objects.

12. In case of insufficiency of these domestic sources of information for determination of the extent of harm the appraiser can use data of foreign sources of information with the subsequent adjustment and their reduction in compliance with market conditions of the Republic of Belarus.

13. In case of the cost determination of property, its parts and materials applied under repair sources of information on priority of the countries are used: Republic of Belarus; Russian Federation; the country for which market assessment object is made; Ukraine; Poland, Lithuania, Latvia and Estonia; other CIS countries and EU; other countries of the world.

14. If on analysis results of information specified in the documents submitted by the victim, the appraiser will establish discrepancies and contradictions to results of survey of object of assessment, the appraiser has the right to specify input data for application them in case of determination of the extent of harm or to use other reliable information for harm assessment.

15. The information sources used by the appraiser provided to the victims and used by the appraiser for cost determination of property are specified in the conclusion about the extent of harm; information sources used by the appraiser for cost determination of works, parts and materials - in calculation of repair of property, estimates for construction and repair work and other similar documents.

Chapter 4. Procedure for carrying out survey of the damaged property

16. The insurer (The Belarusian bureau) shall direct the appraiser of the contractor of assessment for survey of the damaged property within four working days following behind day of receipt of the statement for road accident.

In case the appraiser does not perform the inspection of the damaged property in time specified in part one of this Item, the victim has the right to independently choose the appraiser.

Survey of the animals who are subject to forced slaughter and died is not carried out.

Inspection of the damaged property if necessary can be performed by the appraiser of TS.

17. Inspection of property is performed in the place of operation of the damaged property or the place of its storage (including temporary) or repair. At the same time the victim shall provide access for the appraiser and interested persons to the place of survey of property and create conditions for its carrying out, including observance of safety regulations, free approach to the inspected property from all directions and from within (in the presence of such opportunity), the necessary level of lighting for high-quality survey and photography of property, and also other conditions exerting impact on quality and objectivity of survey of property.

In the absence of the conditions specified in part one of this Item, the appraiser makes record about it in the inspection report. At the same time the appraiser shall perform inspection in that part in which the corresponding conditions are created, and in other part to stop survey before creation of the conditions necessary for its carrying out.

In case of small amount (weight) of the damaged property inspection of this property with the consent of the victim can be performed in the location of the insurer (The Belarusian bureau) or the contractor of assessment.

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