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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 19, 2015 No. 624

About approval of the Procedure and rules of carrying out compulsory insurance of civil responsibility of the private notary

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 26.04.2017 No. 293)

According to Item and part two of article 7 of the Law of Ukraine "About insurance" the Cabinet of Ministers of Ukraine decides 45 parts one:

Approve the Procedure and rules of carrying out compulsory insurance of civil responsibility of the private notary which are attached.

Prime Minister of Ukraine

A. P. Yatsenyuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2015 No. 624

Procedure and rules of carrying out compulsory insurance of civil responsibility of the private notary

General questions

1. These the Procedure and rules determine the mechanism of carrying out compulsory insurance of civil responsibility of private notaries when making of the notarial actions and/or other actions assigned to notaries according to the law by them (further - compulsory insurance).

2. In these the Procedure and rules terms are used in the value given in the Laws of Ukraine "About insurance", "About notariate", "About state registration of legal entities, physical persons entrepreneurs and public forming" and "About state registration of the rights to real estate and their encumbrances".

3. Subjects of compulsory insurance are:

1) insurers - financial institutions which obtained the license for carrying out compulsory insurance of civil responsibility of the private notary;

2) insurers are the notaries who are engaged in private notarial activities (further - private notaries);

3) the third parties - physical persons or legal entities to which harm as a result of making by the private notary of the notarial actions and/or other actions assigned to the notary according to the law is done (further - notarial and/or other actions).

4. The subject of the agreement of compulsory insurance are the valuable interests which are not contradicting the law and connected with obligation of the insurer to compensate the harm done to the third parties as a result of making of notarial and/or other actions or negligence of the insurer.

Insurance risks and insured events, exceptions of insured events

5. Insurance risks is property harm which can be caused to the third parties as a result of making of illegal actions or negligence of the insurer during making of notarial and/or other actions by it during validity of compulsory insurance.

6. Insured event is causing to the third parties of property damage owing to making of illegal actions or negligence of the insurer during making of notarial and/or other actions by it that took place during validity of compulsory insurance. The fact of loss occurrence is determined based on the judgment which took legal effect, or recognized by the insurer and approved by the insurer of the written requirement (claim) of the third party.

7. Are not recognized insured events of event which resulted:

1) representations by person who addressed the notary, false information concerning any question connected with making of notarial and/or other action, invalid and/or forgery documents;

If person who addressed the notary did not declare 2) absence or availability of persons, the rights or interests of which notarial and/or other action for which making person addressed can concern.

Sizes of insurance sums and insurance rates. Determination and payment of insurance indemnity

8. The insurance sum is determined by agreement of the parties, but there cannot be less, than one thousand minimum sizes of the salary.

9. The maximum size of insurance rate at the rate on one year of insurance constitutes:

0,3 of percent of insurance sum if the agreement of compulsory insurance does not provide establishment of the franchize;

0,1 of percent of insurance sum if the agreement of compulsory insurance provides establishment of the franchize.

The franchize size (part of losses which is not compensated by the insurer) is determined by agreement of the parties in the agreement of compulsory insurance, but cannot exceed 5 percent of the size of insurance sum.

10. In case of loss occurrence the insurer performs payment of insurance indemnity in the amount of the property damage caused to the third party, determined by the judgment which took legal effect, or the written requirement (claim) of the third party, the acknowledged insurer and the approved insurer. The amount of all insurance indemnities under the agreement of compulsory insurance cannot exceed the insurance sum specified in it.

11. The insurance indemnity is performed by the insurer according to the agreement of compulsory insurance based on the judgment which took legal effect, or recognized by the insurer and approved by the insurer of the written requirement (claim) of the third party.

12. In case of loss occurrence the insurer submits to the insurer the copy of the judgment or the written requirement (claim) of the third party recognized by it within 10 working days from the date of their obtaining by the insurer.

13. For receipt of insurance indemnity the third party submits to the insurer the written application about payment of insurance indemnity for the form established by the insurer to whom are applied:

1) the copy of the judgment which took legal effect, or recognized by the insurer and approved by the insurer of the written requirement (claim) of the third party according to which there is obligation of the insurer to compensate the property harm done to the third party;

2) the copy of the document certifying the third party - for physical person or the extract from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming - for legal entities.

14. The basis for refusal of the insurer in insurance indemnity are:

1) the intentional actions of the insurer directed to loss occurrence. The specified regulation does not extend to the actions connected with execution of civic or office duty by it in condition of justifiable defense (without excess of its borders) or protection of property, life, health, honor, advantage and goodwill. Qualification of actions of the insurer is established according to the legislation;

2) making of intentional crime by the insurer which led to loss occurrence;

3) submission by the insurer of obviously false data on the subject of the agreement of compulsory insurance or about the fact of loss occurrence;

4) other cases provided by the law.

15. Under the agreement of compulsory insurance it is not compensated:

1) the harm determined by the written requirement (claim) of the third party, recognized by the insurer, but not approved by the insurer;

2) the harm done as a result of the events which took place at the beginning or during validity for the reasons which arose before entry into force;

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