RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 29, 2015 No. 2

About application by courts of the legislation on obligatory civil liability insurance of owners of vehicles

For the purpose of ensuring unity of practice of application by courts of the legislation governing the relations in the field of obligatory civil liability insurance of owners of vehicles, and also considering arising at courts by consideration of this category put questions, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 2, 5 Federal constitutional Laws of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

Legal regulation of the relations on obligatory civil liability insurance of owners of vehicles

1. The relations on obligatory civil liability insurance of owners of vehicles are governed by Chapter 48 regulations "Insurance" of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (further - the Law on the CMTPL), the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (further - the Law No. 4015-1), the Law of the Russian Federation of February 7, 1992 No. 2300-1 "About consumer protection" (further - the Marine life protection act of the rights of consumers) in the part which is not settled by special laws, and also the Rules of obligatory civil liability insurance of owners of vehicles approved by the Provision of the Central Bank of the Russian Federation of September 19, 2014 No. 431-P (further - Rules of insurance), and other regulatory legal acts of the Russian Federation.

2. Extends to the relations arising from the agreement of obligatory civil liability insurance of owners of vehicles, the Marine life protection act of the rights of consumers in cases when insurance is performed only for the personal, family, house, domestic and other needs which are not connected with implementation of business and other economic activity.

On the relations arising between the victim and professional association of insurers in connection with compensation payments, the Marine life protection act of the rights of consumers does not extend.

Procedural features of hearing of cases about obligatory civil liability insurance of owners of vehicles

3. Cases on the disputes arising from the agreement of obligatory civil liability insurance of owners of vehicles (citizens, the organizations, public authorities, local government bodies) and not connected with implementation of business and other economic activity by them, are subject to consideration by courts of law (Item 1 of part 1 and part 3 of article 22 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation).

In case of determination of cognizance of the dispute connected with compulsory insurance which consideration is within competence of the courts of the general jurisdiction to courts it is necessary to be guided by the general rules established by articles 23 and 24 CCP of the Russian Federation:

a) cases on receivership proceeding (for example, in case of bringing an action about collection of insurance payment) in case of the price of the claim which is not exceeding fifty thousand rubles on the date of filing of application are jurisdictional to the magistrate judge (Item 5 of part 1 of article 23 CCP of the Russian Federation);

b) cases on receivership proceeding in case of the price of the claim exceeding fifty thousand rubles on the date of filing of application, and also case on the claims which are not subject to assessment (for example, about violation of the right of the consumer to reliable information), are jurisdictional to district court (article 24 CCP of the Russian Federation).

If along with the requirement of property nature, cognizable to the magistrate judge, the requirement, derivative of it, about compensation of moral harm is declared, such cases are jurisdictional to the magistrate judge.

If in case of presentation of the counter action new requirements are jurisdictional to district court, all requirements are subject to consideration in district court. In this case the magistrate judge takes out determination about case referral in district court (part 3 of article 23 CCP of the Russian Federation).

4. Cases on the disputes arising from the agreement of obligatory civil liability insurance of owners of vehicles and connected with implementation of business and other economic activity by legal entities and individual entrepreneurs are subject to consideration by Arbitration Court (part of 1 Article 27, Article 28 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).

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