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The document ceased to be valid since  January 16, 2021 according to article 39 of the Law of the Republic of Moldova of September 11, 2020 No. 183

LAW OF THE REPUBLIC OF MOLDOVA

of July 8, 2004 No. 243-XV

About subsidized insurance of industrial hazards in agricultural industry

(as amended on 24-05-2018)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and subject of this law

(1) the Purpose of this law is ensuring stability of production in the agricultural sector by means of subsidized insurance of industrial hazards in agricultural industry.

(2) the Subject of this law are the relations between insurers and physical persons or legal entities - agricultural and fish producers, arising in case of insurance of industrial hazards in agricultural industry and fish breeding with subsidizing of insurance premiums (insurance premiums) by the state.

Article 2. The legal base of subsidized insurance of industrial hazards in agricultural industry

(1) Subsidized insurance (further - insurance) industrial hazards in agricultural industry is regulated by the Civil code of the Republic of Moldova, the Insurance law, this law and other legal acts.

(2) the Relations arising in case of insurance of industrial hazards in agricultural industry can be regulated also by other regulations adopted according to this law.

(3) Operation of this law extends only to the agricultural properties and insurance risks provided in it.

Article 3. Basic concepts

For the purpose of this law the following basic concepts are used in value:

insurance risk - the risk characteristic of agricultural industry, including adverse effect of weather conditions, diseases/plant pests and animals;

insurance sum - the maximum cost size of insurance indemnity which can be paid to the insurer in case of causing to it damage, proceeding from the cost of harvest or animals and the level of insurance coverage established by the insurance agreement;

subsidizing of insurance premiums - covering the state of part of the insurance premiums brought by agricultural and fish producers to insurers for insurance of industrial hazards in agricultural industry and fish breeding.

Article 4. Subjects and objects of the relations of insurance in agricultural industry

(1) Subjects of the relations of insurance in agricultural industry are insurers and insurers, and also the state in the part connected with subsidizing of insurance premiums in agricultural industry.

(2) Object of insurance is the agricultural property which is in civil circulation concerning which other prohibitions or restrictions are by the law not established, specified in Article 5.

(3) According to this law all agricultural and fish producers performing the activities in the territory of the Republic of Moldova have the right to insure industrial hazards in agricultural industry.

(4) in case of transfer to lease of farmlands the harvest of crops and long-term plantings is insured by the lessee. The insurance premiums brought by the lessee cannot join in offsetting of the rent.

Article 5. Object of insurance of industrial hazards in agricultural industry

(1) For the purpose of this law object of insurance of industrial hazards in agricultural industry are the valuable interests connected with receipt of harvest of crops, cultivation of animals and birds, content of colonies and production of fish.

(2) Proceeding from conditions of production in agricultural industry, the following agricultural property can be insured:

a) harvest of crops and long-term plantings;

b) animals, bird, colonies and the fish belonging to agricultural and fish producers.

(3) are not subject to insurance:

a) harvest of the crops, for three or more years which were not this harvest in case of their cultivation;

b) harvest of the long-term plantings which are in stage of fructification and not yielding harvest in the last five years;

c) sick animals, and also the animals who are in quarantine zone;

d) the losses suffered in connection with decline in quality of agricultural products or the prices of it.

Chapter II of the Condition of insurance of industrial hazards in agricultural industry

Article 6. Insurance risks

(1) the Insurance risk in agricultural industry is the natural phenomenon, future and probable, but approach of which has indefinite character as, for example, adverse effect of weather conditions, diseases/plant pests and animals which can lead to yield losses, death and/or forced slaughter of animals on specifying of the public veterinary service and in connection with which emergence insurance bonds are established.

(2) in agricultural industry are understood As industrial hazards:

a) destruction or yield depression of crops and long-term plantings as a result of excessive drought, hail, storm, temperatures below biological limit of stability of plants, flood, other natural phenomena not characteristic of this area, and also as a result of diseases or attack of wreckers;

b) death of animals, birds, colonies and the fish belonging to agricultural and fish producers as a result of diseases, storm, hail, flood, excessive overcooling, injuries, and also forced slaughter of animals on specifying of the public veterinary service.

Article 7. Approach of insurance risk

(1) Approach of insurance risk (insured event) the event which contains the following elements is considered:

a) availability of object of insurance;

b) the fact of approach of risk against which agricultural products are insured;

c) availability of losses of agricultural products as a result of approach of insurance risk.

(2) loss of agricultural products as a result is not considered insured event:

a) the events which are not provided by the insurance contract;

b) deliberate actions of the insurer;

c) gross violations of agrotechnical, health or other requirements by the insurer on implementation of the agricultural works provided by the insurance contract.

(3) in case of non-recognition of insured event the insurer shall prove non-recognition by any legal proofs.

Article 8. Determination of insurance sum

(1) the Insurance sum in case of crop insurance of crops and long-term plantings is established based on the cost of the predicted harvest and level of insurance coverage. The cost of the predicted harvest is determined based on the predicted average crop from hectare and the market price of products established under the agreement between the insurer and the insurer.

(2) Calculation of insurance sum is given in appendix to the insurance contract in which sources of information on average crop from hectare and market prices are specified and which is integral part of the insurance contract and is signed by both parties.

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