On January 1, 2012, Law 225-FZ on compulsory civil liability insurance of the owner of a hazardous facility for damage caused by an accident at a hazardous facility came into force, in the list dangerous objects which includes hydraulic structures (GTS). Hydraulic structures, which are state or municipal property and the financing of the operation of which is fully or partially carried out at the expense of the corresponding budgets, in 2012 insure their liability in accordance with Federal Law 117-FZ of July 21, 1997 "On the safety of hydraulic structures." For them, Law 225-FZ will enter into force on January 1, 2013.
The main differences between compulsory insurance, introduced by 225-FZ, and the model of liability insurance for owners of hydraulic structures based on 117-FZ: insurance amounts have been increased to 6.5 billion rubles; the application of a single tariff was introduced - currently - 0.1%; compensation for harm caused to the employees of the insured has been introduced; compensation for harm was introduced as a result of violation of living conditions; compensation for damage caused to the environment is excluded; compensation payments have been introduced; insurance rules and insurance rates are approved by the Government of the Russian Federation. a limitation of compensation for one victim was introduced;
Law 225-FZ regulates relations associated with compulsory insurance of civil liability of the owner of a hazardous facility for harm as a result of an accident at a hazardous facility. At the same time, the action of Law 225-FZ does not apply to relations arising from: - causing harm outside the territory Russian Federation; -use of atomic energy; - causing harm to the natural environment. Article 5 of Law 225-FZ states that hazardous facilities include, among other things, GTS, subject to entry into the Russian Register of GTS in accordance with Law 117-FZ.
According to Article 3 of Law 117-FZ, GTS are dams, buildings of hydroelectric power plants, spillways, drainage and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts; structures designed to protect against floods, destruction of the banks and the bottom of reservoirs, rivers; structures (dams) enclosing storage facilities for liquid waste of industrial and agricultural organizations (with the exception of centralized hot water supply, cold water supply and (or) wastewater disposal facilities) provided for by the Federal Law "On Water Supply and Sanitation"; devices from erosion on canals, as well as other structures designed to use water resources and prevent the negative impact of water and liquid waste. It should be noted that Law 117-FZ does not apply to all hydraulic structures, but only to those whose damage can lead to an emergency.
What is one hazardous object in relation to the GTS? Depending on how the object is registered in the Russian Register of Hydraulic Structures (RRGTS), one hazardous object can be: a separate hydraulic structure, a complex of hydraulic structures (hydrosystem). According to Art. 7 of Law 117-FZ, the Russian Register of GTS (hereinafter referred to as the Register) is formed and maintained in accordance with the procedure established by the Government of the Russian Federation, by a separate regulatory document - Resolution of the Government of the Russian Federation dated 490 structures "(hereinafter - the Procedure for the formation and maintenance of the Register). Clause 3 of the Procedure for the formation and maintenance of the Register states that the hydraulic structures are entered into the Register after the approval of the hydraulic structures safety declaration by the safety supervisory authority for hydraulic structures, while the hydraulic structures that were in operation on the date of entry into force of Law 117-FZ are entered into the Register unconditionally without submitting safety declarations for hydraulic structures.
Thus, the GTS entered into the Register must fall within the scope of Law 117-FZ, namely, it must be the GTS specified in Article 3 of this document, the damage of which can lead to an emergency. Law 117-FZ in Article 10 obliges the owner of the hydraulic structures (or the operating organization) to develop a safety declaration for the hydraulic structures, therefore, all included (or to be entered) into the Register of hydraulic structures are declared objects. The end result of state registration and registration of hydraulic structures in the Register is the assignment of an identification code to hydraulic structures. Supervision in the field of safety of hydraulic structures is carried out by: the Federal Service for Supervision in the Sphere of Transport (hereinafter - Rostransnadzor) - in relation to navigable hydraulic structures; The Federal Service for Environmental, Technological and Nuclear Supervision (hereinafter - Rostekhnadzor) - in relation to other hydraulic structures (with the exception of hydraulic structures, the powers to supervise which have been transferred to local governments) (clause 1 of the Decree of the Government of the Russian Federation from the city of (as amended) d) "On the organization of federal state supervision in the field of safety of hydraulic structures").
Data on the number of GTS complexes registered in the RRGTS and their technical condition with the Supervision Authority Registered GTS complexes Technical condition Basis for registration Number% Safety level Number of GTS% Total Declaration Normal Declarations Reduced Unsatisfactory Hazardous 3924
At the moment, according to the NSSO, the GTS is insured, i.e. approximately 35% of the number of GTS included in the Register. It should be noted that in the annual report on the activities of Rostechnadzor in 2010, it is indicated that the total number of GTS complexes of industry, energy and water management complex supervised by Rostechnadzor at the time of preparation of the report was objects. Thus, the following remain uninsured: 1. GTS, owners who, without insuring them, violate the Law; 2.GTS, which are state or municipal property and will have to be insured in 2013; 3. Unattended and not registered in the Register of GTS. Municipal authorities avoid registering hydraulic structures in the Russian register of hydraulic structures in order to avoid further additional financial costs (for the development of safety declarations for hydraulic structures and insurance). If the hazardous production facilities subject to declaration are almost fully declared, then the safety declarations for hydraulic structures (which must be developed for all hydraulic structures, an accident at which may cause an emergency) have been developed for only a small number of facilities.
Of the complexes of hydraulic structures supervised by Rostekhnadzor and registered in the Register - the Declaration of Safety for hydraulic structures was developed for 1,085, which is 24.8%. There is a practice when the owner of a GTS, in order to avoid declaring, receives a certificate from the regional office of the Ministry of Emergency Situations that an accident at this GTS will not lead to an emergency. For non-declared objects, the insured amount does not depend on the number of victims and is taken equal to 10 million rubles. Some of the hydraulic structures are at the same time hazardous production facilities. This applies to: - Tailings storage facilities (sludge storage facilities) of hazardous production facilities coal, shale, peat, mining and nonmetallic industries. · - Sludge collectors (storage ponds) of the chemical, petrochemical and oil refining industries. For such objects, the conclusion of two compulsory insurance contracts is required. For hydraulic structures that are part of a complex of hydraulic structures (hydrosystem), created within the framework of a single technical solution and performing a single task, the insurance amount is determined for the complex of hydraulic structures as a whole.
The minimum required list of information provided by the insured to conclude a compulsory insurance contract for the GTS: 1) an application for compulsory insurance in the form of Appendix 3 to the Rules of Compulsory Insurance with the following forms for providing initial information for determining harm and MCP (Appendix 3 to the Procedure for determining harm): a ) Form II.1 (MVKP), if the development of a safety declaration for hydraulic structures is envisaged for the hydraulic structures; b) Form II.2.1 (MVKP), if for hydraulic structures it is envisaged to develop a safety declaration for hydraulic structures, but the declaration of safety of hydraulic structures and (or) the calculation of the maximum possible harm is absent or has not been developed in accordance with the Act of pre-declaration survey of hydraulic structures, or the data of the declaration and (or) calculation of the maximum the possible harm is not enough to determine the MCI; c) Form II.2.2 (KUB) for determining the safety level of hydraulic structures, if the declaration of safety of hydraulic structures and (or) the calculation of the maximum possible harm are absent or have not been developed in accordance with the Act of the pre-declaration survey of the hydraulic structures, or the data of the declaration and (or) the calculation of the maximum possible harm is not enough for definitions of the MVKP. 2) a copy of an extract from the Russian register of the GTS. If the insurance contract is concluded before the HTS is entered into the HTS register, - a copy of the specified extract is not provided when concluding the compulsory insurance contract; 3) copies of title documents of each of the owners of the GTS, confirming their ownership (possession) of the GTS;
Sum insured It should be noted that Law 117-FZ did not strictly establish the amount of the sum insured, limiting itself to the requirement of financial security for civil liability for damage caused as a result of a GTS accident. The specified financial support for civil liability was to be carried out at the expense of the owner of the GTS or the operating organization, as well as at the expense of the insured amount determined by the civil liability risk insurance contract. According to insurers, the majority of owners of GTS considered this insurance nominal, as evidenced by their willingness to reduce the amount of insurance coverage to almost fictitious. harm as a result of an accident at a hazardous facility directly depends on whether the facility is declared and what is the maximum possible number of victims (MVKP), whose life or health may be harmed as a result of an accident at a hazardous facility: 1) for hydraulic structures, in respect of which legislation on the safety of hydraulic structures provides for the mandatory development of a safety declaration for a hydraulic structure: a) 6 billion 500 million rubles - if the maximum possible number of victims, whose life or health may be harmed as a result of an accident at a hazardous facility, exceeds 3000 people; b) 1 billion rubles - if the maximum possible number of victims whose life or health may be harmed as a result of an accident at a hazardous facility is more than 1,500 people, but does not exceed 3,000 people;
C) 500 million rubles - if the maximum possible number of victims, whose life or health may be harmed as a result of an accident at a hazardous facility, is more than 300 people, but does not exceed 1,500 people; d) 100 million rubles - if the maximum possible number of victims whose life or health may be harmed as a result of an accident at a hazardous facility is more than 150 people, but does not exceed 300 people; e) 50 million rubles - if the maximum possible number of victims, whose life or health may be harmed as a result of an accident at a hazardous facility, is more than 75 people, but does not exceed 150 people; f) 25 million rubles - if the maximum possible number of victims, whose life or health may be harmed as a result of an accident at a hazardous facility, is more than 10 people, but does not exceed 75 people; g) 10 million rubles - for other hazardous facilities in respect of which the mandatory development of a declaration is provided industrial safety or a safety declaration of a hydraulic structure.
For hazardous facilities that are hydraulic structures, the harm that can be caused as a result of an accident at a hazardous facility, the MVKP and the safety level of a hazardous facility are determined on the basis of information from the Safety Declaration of Hydraulic Structures (for the scenario of the occurrence and development of an accident with the most severe consequences), mandatory development which is provided for by the legislation of the Russian Federation. In the absence of a declaration of industrial safety or insufficient data and information specified in the declaration of industrial safety of hazardous production facilities, necessary to determine the harm that may be caused as a result of an accident at a hazardous facility, the MCP and the safety level of a hazardous facility, the provisions and procedures of the Procedure for determining damage established by the professional association of insurers. 2) for hydraulic structures for which the legislation on the safety of hydraulic structures does not provide for the mandatory development of a safety declaration for a hydraulic structure: -10 million rubles - for other hazardous facilities. It should be noted that part of the GTS subject to entry into the Register according to the criterion of the possibility of emergency situations (ES) associated with causing harm to the environment must be insured within the framework of Law 225-FZ, but, as mentioned earlier, harm to the environment is not covered by insurance.
Insurance rates When determining the amount of the insurance premium payable by the insured under the compulsory insurance contract, the insurer applies basic insurance rates and correction factors to them, based on the information provided by the insured in a written application for compulsory insurance and other documents attached to it. The base rates of insurance tariffs are established by Decree of the Government of the Russian Federation 808 of For the GTS, a single base rate has been established insurance rate at the rate of 0.1%. To apply insurance rate coefficients, the amount of harm that can be caused as a result of an accident at a hazardous facility, the maximum possible number of victims and the level of safety of a hazardous facility are determined in accordance with the methodology approved in the PDA “Procedure for determining harm”.
Safety level (based on the safety declaration of the hydraulic structures) CUB Dangerous 1.0 Unsatisfactory 1.0 Decreased 0.95 Normal 0.9 For the hydraulic structures, the safety declaration of which contains information that allows one to draw a conclusion about the safety level of the hydraulic structures, the CUB value (Safety Level Coefficient) is set in accordance with with table:
As already mentioned, the sum insured in case of civil liability insurance of the owner of a hazardous facility for harm caused by an accident at a hazardous facility directly depends on whether the facility is declared and what is the maximum possible number of victims (MCP) whose life or health may be harmed as a result of an accident at a hazardous facility. Problematic issues of insurance of hydraulic structures: 1. For many hydraulic structures there is no project documentation, and, consequently, the design values of the monitored indicators of the state, without which it is practically impossible to draw up a Safety Declaration. The level of development of safety declarations for hydraulic structures is not high. Such objects mainly include GTS of 3, 4 classes, which make up about 90% of their total number 2. A significant number of GTS does not have an owner (about 11.4% of their total number). 3. Many GTS are on the balance sheet of municipalities. The cost of developing the Declaration of Safety for hydraulic structures is 200-250 thousand rubles, which is too much for them. Therefore, there is no Declaration, no MVKP, no sum insured, no insurance contract. 4. Weak discipline of the owners of the GTS. They do not want to: neither develop a Safety Declaration of Hydraulic Structures, nor insure their liability, nor eliminate violations identified by Rostekhnadzor.
What is possible: 1. By joint efforts of Rostekhnadzor and insurers to control the owners of GTS, who evade their obligation to comply with the requirements of Law 225-FZ. 2. For GTS, subject to entry into the Register according to the criterion of the possibility of emergency situations (ES) associated exclusively with causing harm to the environment, the insured amount will be 10 million rubles. (as for other hazardous facilities, in respect of which the mandatory development of a safety declaration for a hydraulic structure is provided), the insurance premium is equal to 10 thousand rubles. 3. For GTS that do not have a Declaration, the determination of the insured amount according to the MVKP, calculated on the basis of data from the Forms for providing initial information by the insured. But at the moment, the Methodology for determining the MCP is imperfect and requires a large amount of data, which the Insured often does not have.
The Ivanovo interdistrict environmental prosecutor's office explains that in accordance with Art. 9, 15 of the Federal Law of July 21, 1997 No. 117-FZ "On the Safety of Hydraulic Structures" (hereinafter Federal Law No. 117 - FZ), the owner of a hydraulic structure and (or) the operating organization must, among other things, conclude a compulsory civil liability insurance contract for the owner of a hazardous an object for causing harm as a result of an accident on it.
Relations related to compulsory insurance of civil liability of the owner of a hazardous facility for harm caused by an accident at a hazardous facility are regulated by Federal Law No. 225-FZ dated July 27, 2010 "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Damage as a Result of an Accident at a Hazardous Facility" (hereinafter - Federal Law No. 225-FZ).
Clause 4 of Art. 2 of Federal Law No. 225-FZ it is determined that the owner of a hazardous facility is a legal entity or an individual entrepreneur who owns a hazardous facility on the basis of ownership, the right of economic management or the right of operational management, or on any other legal basis and operating the hazardous facility.
In accordance with Article 4 of Federal Law No. 225-FZ, the owner of a hazardous facility is obliged, under the conditions and in the manner established by this Federal Law, to insure at his own expense, as an insured, property interests related to the obligation to compensate for harm caused to the victim by concluding a mandatory contract insurance with an insurer for the entire period of operation of a hazardous facility.
According to Part 1 of Art. 5 of the Federal Law No. 225-FZ, hazardous facilities, the owners of which are required to carry out compulsory insurance, include those located on the territory of the Russian Federation and in other territories over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation and the norms of international law, including hydraulic engineering structures to be entered into the Russian register of hydraulic structures in accordance with the legislation of the Russian Federation on the safety of hydraulic structures.
Taking into account the requirements of Art. 10 of Federal Law No. 225-FZ, a compulsory insurance contract is concluded for each hazardous facility for a period of at least one year. The document confirming the conclusion of a compulsory insurance contract is an insurance policy of the established form.
In accordance with the provisions of Art. 11 of the Federal Law No. 225-FZ, the insured is obliged, including within five working days from the date of the conclusion or amendment of the compulsory insurance contract, to send a copy of it to the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous objects.
Responsibility for the operation of a hazardous facility in the absence of a compulsory insurance contract for civil liability of the owner of a hazardous facility for causing harm as a result of an accident at a hazardous facility is provided for in Art. 9.19 of the Code of Administrative Offenses of the Russian Federation.
Introduction
1. Economic and organizational approaches to the formation of the insurance system of the GTS . 7
1.1. Basic concepts, terms and definitions of insurance in relation to insurance of the GTS. 7
1.2. Insurance as an element of the economic mechanism for increasing the safety of hydraulic structures. 12
1.3. Legal basis for insurance of hydraulic structures. 25
2. Problems of ensuring the effectiveness of the development of insurance GTS . 33
2.1. The stability of the organizational structures of the insurance system of the GTS in the conditions market economy. 33
2.2. Methods and models of provision financial sustainability insurance operations. 42
2.3. Features of information support for insurance of GTS. 57
3. Modeling of insurance procedures for GTS. 66
3.1. Construction of a model for optimizing the insurance strategy for the GTS. 66
3.2. Adaptation and verification of the model for optimizing the insurance strategy of the GTS. 84
3.3. Modeling the zone of stable operations of insurance of the GTS: calculating the parameters of the insurance premium, planning financial 122 flows.
Conclusion. 142
Literature. 145
Applications.
Introduction to work
Fundamental transformations in the economy, the transition from administrative-command to market-based methods of management, the processes of denationalization and privatization have posed a number of serious problems for the national economy that require a qualified and prompt solution. The problem of creating market mechanisms to ensure the safety of the operation of hydraulic structures (hereinafter referred to as HTS) and compensation for material damage to victims of emergency impacts is among the topical ones.
In recent years, the number of GTS accidents has increased significantly, as a result - huge material damage, human casualties, death of livestock, flooding of agricultural land, destruction of drinking water intakes, flooding settlements... In conditions of stably deficit federal and local budgets, one cannot rely only on state funding for measures to prevent and eliminate the consequences of accidents at hydraulic structures. It is necessary to search for extra-budgetary sources of funding for preventive measures, and in the event of an accident - for the elimination of its consequences, compensation for damage.
One of the effective elements of the market mechanism is the insurance of the risk of civil liability of the owner of the hydraulic system or the operating organization to individuals and legal entities for harm caused to them as a result of the accident of the hydraulic system (hereinafter referred to as the insurance of the hydraulic system).
At present, the first attempts are being made to provide scientific support for the insurance of the GTS. So, for example, the Council for the Placement of Productive Forces and Economic Cooperation (SOPSiS), together with the Institute of Market Problems of the Russian Academy of Sciences, the Ministry of Cooperation and the Ministry of Economy of the Russian Federation, prepared Proposals for the creation of a system of insurance risks of civil liability for harm caused by accidents at hydraulic structures. At the same time, the analysis of the current state of
4 The innovations and development of insurance of the GTS showed that despite the practical need, the methodology for insuring the GTS has not yet been developed, there are no scientifically grounded methods and practical recommendations that contribute to the effective implementation of the idea. In particular, the scientific foundations for ensuring the efficiency and sustainability of insurance operations for GTS have not been developed, including in real conditions of information support, and the existing methods of actuarial calculations require adaptation and scientific support in relation to the specifics of insuring GTS. In addition, the mechanisms for organizing mass insurance of the GTS have not been developed, there is no insurance regulation, there is no semantic unity of interpretation of the basic concepts of insurance in relation to and taking into account the specifics of insurance of the GTS, and much more. This state of the problem is explained, on the one hand, by its complexity, and, on the other hand, by the initial stage of the formation of GTS insurance.
This work summarizes the research carried out by the author on the methodology of insurance of the GTS.
The aim of the study is to improve the economic mechanism for increasing the safety of the operation of hydraulic structures.
To achieve this goal, it is necessary to solve the following main tasks:
explore the possibilities of insurance to improve the safety of hydraulic structures;
to study the logic of building insurance operations, approaches, methods and models for organizing insurance and assess the possibilities of their use for insurance of civil liability of owners and organizations operating hydraulic structures;
to identify the features of information support for insurance of the GTS;
build a model for optimizing the insurance strategy of the GTS, which ensures the stability of insurance operations and maximum consideration of the interests of all participants and parties;
adapt the model to real insurance conditions;
perform calculations on the choice of the optimal strategy for insurance of the GTS;
give an interpretation of the results and formulate recommendations for insurance of the GTS.
The object of the research is the problems of increasing the safety of the functioning of hydraulic structures through the implementation of the idea of insurance of civil liability for damage caused as a result of their (hydraulic structures) accident. The subject of this research is the dynamic processes of ensuring mass effective insurance of the gas transportation system in the context of the transition to a market economy.
The scientific novelty of the research carried out by the author lies in the development of theoretical provisions and practical recommendations on the basis of a comprehensive study of modern problems of insurance of GTS, aimed at ensuring the stability of insurance operations in the existing information conditions. For the first time, the economic essence of insurance of the HTS has been revealed, the existing developments on the problems of insurance of liability of enterprises that are sources of increased danger have been systematized and adapted in relation to the needs of insurance of HTS, an original economic and mathematical model for optimizing the insurance strategy for HTS has been built, its adaptation and verification has been carried out.
In the course of the research, the following results were obtained, which contain scientific novelty and are being defended:
1. The results of assessing the possibility of using existing approaches, methods and models for organizing civil liability insurance of owners and organizations operating hydraulic structures.
2. A model for optimizing the strategy of civil liability insurance of owners and organizations operating hydraulic structures, including the results of adaptation and verification.
3. Proposal for information support of civil liability insurance of owners and organizations operating hydraulic structures.
The practical significance of the results of the work lies in the comprehensive disclosure and systemic generalization of the essence, logical organization and fundamental foundations of the idea of insurance of hydraulic structures, as an element of a modern economic mechanism for increasing the safety of functioning of hydraulic structures.
The studies provide a unified theoretical basis for calculating the choice of optimal conditions for the insurance contract for the GTS, make it possible to increase the level of scientific validity of insurance operations of this type, increase the national economic effect of insurance, protect policyholders from paying unreasonably high insurance premiums, and prevent the possibility of discrediting the idea of insuring the GTS. The proposed algorithms for insurance of hydraulic structures are presented to interested parties (first of all, owners and organizations operating hydraulic structures and persons who suffer direct damage as a result of the emergency impact of hydraulic structures, as well as to government bodies and insurers) an effective toolkit for preparing and making decisions, which is especially necessary at the initial stage of practical development. ideas of GTS insurance.
Basic concepts, terms and definitions of insurance in relation to GTS insurance
The description of the specifics of civil liability insurance of owners and organizations operating hydraulic structures for damage caused as a result of their accident needs to adapt the basic concepts of the insurance business contained in the works. The definition of the terminology used in this work will eliminate the semantic ambiguity of concepts when setting tasks, analyzing and interpreting the results, as well as when interpreting conclusions and proposals.
To define the concepts of hydraulic structures, the owner of the hydraulic structures and the operating organization, we will use article 3 of the Federal Law "On the safety of hydraulic structures" No. 117-FZ.
Hydraulic structures - dams, buildings of hydroelectric power plants, spillways, drainage and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts; structures designed to protect against floods and destruction of the banks of reservoirs, banks and the bottom of river channels; structures (dams) enclosing storage facilities for liquid waste of industrial and agricultural organizations; devices from erosion on canals, as well as other structures designed to use water resources and prevent the harmful effects of water and liquid waste.
The owner of a hydraulic structure is the Russian Federation, a constituent entity of the Russian Federation, a municipal entity, an individual or a legal entity, regardless of its organizational and legal form, having the rights to own, use and dispose of the GTS.
The operating organization is a state or municipal unitary enterprise or an organization of any other organizational and legal form on the balance sheet of which the GTS is located.
Insured GTS. The insurer of the GTS may be the owner or operating organization, as well as a person authorized by them.
GTS insurer. The insurer of the GTS can be legal entities, created for the implementation of insurance activities, registered in the prescribed manner and having a license for the right to carry out this type of insurance, carrying out insurance, undertaking obligations to compensate for damage and in charge of the formation and spending of the insurance fund.
Beneficiaries. The insurance relationship involves beneficiaries (beneficiaries) - persons in favor of whom the insured of the GTS concludes an insurance contract. The beneficiary is not a participant in the insurance contract for the GTS, but is a participant in an insurance legal relationship and has direct rights of claim against the insurer in relation to payment insurance compensation.
Insured. A person whose interests are the object of insurance coverage is considered insured. In the event that the insured pays the insurance premiums independently, he is also the policyholder. In GTS insurance, the insured is the owner (or the organization operating the GTS) during the construction and operation of which an unintended event may occur, entailing the obligation for the insurer to pay insurance compensation to the beneficiaries. GTS insurance for the insured means the ability to: shift the risk of liability to the insurer; protection against virtually all liability claims; to shift legal costs to the insurance company; have an insurer as a third party, in the event of a disagreement with the victim.
Liability Insurance. The idea of liability insurance is that the insurer assumes the obligation to indemnify the damage caused to the insured HTS to third parties. Damage caused to third parties is covered by Insurance Company, and not the insured himself, while the object of insurance is the insured's liability under the law to third parties for causing harm to them.
Civil liability insurance. Civil liability insurance is usually understood as insurance legal relations, where the object of insurance is civil liability. With regard to civil liability insurance, the owners and operating organizations of hydraulic structures are always responsible for the damage caused, unless it is proven that the damage was caused as a result of the victim's intent or force majeure circumstances (when it is impossible to foresee or prevent such circumstances).
Insurance case. Insurance event. An insured event is an event that, according to the insurance contract for the GTS or the terms of compulsory insurance of the GTS, entails the obligation of the insurer to pay the beneficiary compensation for the losses caused by this event. Insured event - potential damage to third parties.
Insurance as an element of the economic mechanism for increasing the safety of hydraulic structures
The reforms currently taking place in Russia have radically changed not only the economic structure of the state, which has developed over many decades, but also exacerbated a number of serious problems. Information about the state of the environment and the health of the population has become more accessible to society. There were annual reports on the state of the environment, and "The extensive information about these data, together with the shock impact of the Chernobyl disaster, had a great impact on the population of the country. An intensive" greening "of the population began ..." (, p. 211).
The society realized that the exploitation of natural resources causes profound irreversible changes in the environment, destroys the ecological balance between man and nature, and endangers the future existence of mankind. The state of the environment is reasonably perceived by society as one of the main indicators of national security. The requirements for safety are more and more clearly formulated, on which the preservation of the health of the population and the provision of long-term sustainable socio-economic development of society depend.
The scale of decisions taken on security issues is striking in its scope. However, there is still no dramatic improvement in the state of the environment, "... almost every day we hear about gigantic destruction, death of people in different parts of the planet, and the need for urgent assistance to the victims" (, p. 3). There has been a steady trend towards the growth of man-made emergencies, which have an ever-increasing negative impact on the ecological situation. As rightly noted in the work "The complexity and inconsistency of scientific and technological progress lies in the fact that many of its achievements, along with the solution of material and social problems, introduce additional difficulties and dangers." "Accelerated urbanization concentrates sources of risk in a small area, bringing the population closer to the sources of hazards and thereby increasing the damage from them." (, pp. 94-95).
The main danger of man-made accidents, as you know, lies in their consequences: loss of life, disruption of the socio-economic infrastructure, negative impact on the environment. The scale of the impact of major accidents (as a rule) is such that prompt intervention by government agencies is necessary, not only to eliminate catastrophic consequences, but also to develop a safety strategy - a nationwide policy based on a scientifically grounded concept of reducing technogenic risk and preventing the possibility of emergencies. Naturally, the basis of such a concept should be the results of studying the general causes and patterns of the occurrence of technogenic accidents, their internal relationships, and connections with the external socio-economic situation.
It is gratifying to note that such studies were carried out, and their results indicate that "Each industry and each production has its own risk zones, at the same time, a number of common reasons can be identified that lead to hazardous situations in production" ([A4], p. .25). Based on the materials of the same source, the following main groups of reasons can be distinguished: economic difficulties in the country (destabilization of the financial system, rising inflation, decline in production and investment activity); weakening of state supervision, departmental control and management of safety at work; imperfection of the legal basis for the prevention of dangerous situations, the lack of economic levers of safety management at work.
The water sector, which is in charge of all issues related to the consumption, use, purification and protection of water resources, is characterized by the presence of a huge number of different types of hydraulic structures. Recently, a number of serious problems have accumulated in the water sector, which have not yet been resolved. Among other important problems, the most urgent is the problem of a significant deterioration in the state of the GTS. It is obvious that the deterioration of water quality and, accordingly, agricultural water supply, an increase in material damage from the harmful effects of water are a consequence of the poor state of the GTS. The poor state of the GTS, in turn, is due to significant physical and moral deterioration of equipment, the lack of repair and maintenance work.
Stability of the organizational structures of the insurance system of the HTS in a market economy
It is clear that both the insurer and the insurer of the GTS must have their own strategies of economic behavior. In the absence of a monopoly on insurance, competition naturally arises and develops. In the context of competition between insurance organizations for policyholders, the choice of the latter is determined by a set of preferences for a fairly wide range of indicators. Among them, in particular, include: the possibility of reducing tariff rates, options for paying insurance premiums, forms of contracting, the accuracy and efficiency of determining the damage incurred, the speed of payment of insurance compensation. We abstract from non-economic factors of preference, i.e. assume they are the same for all insurers offering insurance services of this type, and equally acceptable for all policyholders. Then, only economic indicators will be an element of the competition. In view of the fact that insurance is a specific area of activity designed to provide protection and material support to insured persons in the event of adverse events, the variation of economic indicators is possible only within the limits guaranteed to ensure the interests of insurers, policyholders and third parties. It is unacceptable, for example, to reduce insurance rates to a level that compromises the financial stability of insurance operations. Therefore, restrictions dictated by the interests of the state and participants in insurance operations should be imposed on the strategy of the economic behavior of the parties. Such an initial formulation of the problem will make it possible to bring the logic of the state strategy for providing insurance of the HTS to the logic of the real economic behavior of the subjects of insurance relations as much as possible.
It is obvious that a decrease in insurance rates, dictated by the possibilities of the financial and economic policy of one insurer and contributing to the massive attraction of insurers, is becoming one of the main elements of the competition and stimulates other insurers to continuously actively improve their own strategies in the direction of searching for sources (opportunities) to reduce the tariff rate without damage to the financial stability of insurance operations.
Let's consider the problem of financial stability of insurance operations in more detail.
The financial stability of insurance operations is understood as "ensuring a constant balancing or excess of income over the expenses of an insurance organization" (, p. 311; vol. 3, p. 316).
The following mathematical interpretation of the concept of stability of insurance activity is proposed: "Since it is impossible to guarantee 100% complete break-even of insurance activities for the future period due to the stochastic nature of the processes under study, the following approach is practically justified: insurance operations for this risk are considered stable if in the next year the probability of such an unfavorable event when the insurance company would have to pay under all contracts in the aggregate an amount exceeding the amount of net insurance premiums received under these contracts does not exceed a certain specified small number є "(p. 75).
In the work, "ruin" means "... an event in which the total amount of losses of the insurer for the entire insurance portfolio (type of insurance) is greater than the amount of its initial reserve (" starting "funds) and the amount of collected net premiums, and under the net - premium - a part of the full insurance premium intended to cover future insurance payments "(p. 36). Thus, in the work mentioned above, a more general situation is considered than in (, Methodology,), where the initial reserve is not taken into account. However, it should be noted that the insurer will go to insure a specific object only if the calculated result (the mathematical expectation of the utility function) from the involvement of its own "initial" capital in the insurance process will be, with a given high (close to 1) degree of probability, not less than the expected utility function of the actual "initial" capital.
The problem of ensuring the financial stability of insurance operations can be considered in two main aspects: determining the degree of probability of a shortage of funds in any year; grade financial results for the expired tariff period (, vol. 3, p. 316).
In general, the financial stability of insurance operations depends on a number of factors, including: sufficient equity capital; tariff policy (optimization of tariff rates of insurance payments); insurance reserves, calculated in accordance with the established procedure and guaranteeing insurance payments; reinsurance (limitation of a single risk); creation of a system of reserve funds; investment policy (asset allocation), etc. Most of the above factors have a significant impact on the solvency of the insurance company. The insurer's achievement of real solvency is one of the main aspects of the problem of ensuring the financial stability of insurance operations. However, the most strongly the financial stability of insurance operations depends on two factors: the size of tariff rates and the number of insured. This is indirectly confirmed when calculating the probability of a shortage of insurance operations using the coefficient of F.V. Konshina. Consequently, the increase in financial stability is facilitated by the expansion of the insurance field and the optimization of the size of the net rate of insurance rates.
Construction of a model for optimizing the insurance strategy of the GTS
Taking into account the results of the analysis carried out in the second chapter of this work, we will construct a model that, on the one hand, would allow to ensure the financial stability of insurance operations in the GTS, and on the other hand, would contribute to its massive formation and development. The model is based on the well-known principles of economic and mathematical modeling.
Naturally, the financial sustainability of insurance operations in the HTS directly depends on the correspondence of the cost of insurance services to the risk assumed for insurance. In this regard, it is necessary to refer to the concept of repayment of funds of the insurance fund. If the materials used in calculating the net rates of insurance payments fairly reliably reflect the likelihood and amount of damage, then the total amount of net payments received by the insurer for a certain period should be fully returned to the policyholders in the form of insurance compensation for the same time. To justify the lower basic level of financial stability of the insurer, it is necessary to organize financial flows between the insurer and the policyholders, in which the amount of collected premiums would provide insurance payments provided for by the insurance conditions, would compensate for the costs of organizing and conducting insurance operations, would include deductions to reserves and financing of preventive activities that would ensure the profitability of the insurance organization. Violation of this principle may lead to inconsistency of insurance premiums with future obligations, which will call into question the insurer's solvency.
As rightly noted in the work, "Actuarial calculations are determined depending on the goal set by the insurer and the general economic conditions of a given country. This means that in the presence of the same objective factors (manifestation of risk, degree of probability, costs of doing business) depending on some social conditions, the final actuarial calculation may have several options "(p. 99). This statement, in relation to the problem investigated in this work - the organization of effective operations of insurance of the GTS - means that before proceeding with the modeling of such a complex economic process it is necessary to clarify the interests of all participants in the insurance of the GTS.
The interests of the state, as a plenipotentiary representative of the entire society, in this type of insurance are to ensure compensation for possible damage caused to third parties, including the environment, in the event of an accident confident in the stability of this type of insurance, as well as in a clear regulation of the regulatory, methodological and legal framework of insurance. In other words, the interests of the state here are reduced to the establishment of fair "rules of the game" for participants in insurance operations and the implementation of continuous control over their conscientious execution.
The interests of third parties are to prevent accidents with hydraulic structures that threaten them not only with losses, but also pose a real threat to life and health, as well as in obtaining a guarantee of compensation for damage that may actually be caused as a result of an unintended negative impact of the hydraulic structures.
The insured (owners of the HTS or persons authorized by them) are interested in such organization of insurance of HTS, in which, at least, the conditions of insurance would be fulfilled in good faith, i.e. the damage from the accident would be reimbursed, and at the same time the cost of the insurance service would cost them as cheaply as possible.
The interests of the insurer are, as is obvious in the market conditions of management, in such an organization of insurance, in which it will be able to gain a foothold in the insurance market more and more firmly, i.e. its authority and business reputation will grow in proportion to the duration and number of insured HTS, and the profit from this type of insurance will tend to the maximum.
The set of interests formulated in this way should form the basis for modeling the operations of insurance of gas transmission systems, which, ultimately, will allow to adequately reflect the situation and take into account the complexity of the problem of ensuring long-term mass effective insurance of civil liability of owners and organizations operating gas transmission systems. Here it is necessary to repeat once again that, proceeding from the principles of compulsory insurance of the gas transportation system, from the position of the state, namely, this position in this case should be occupied by the "fashion designer" (model developer), the main purpose of insurance of the gas transportation system is to provide insurance protection for third parties, and not to ensure the maximum profit of the insurer for fiscal purposes. At the same time, it is clear that the low profitability of insurance operations will limit the possibilities of the insurer and reduce the stability of insurance operations.
Modeling the relationship between the parties interested in insurance of the gas transportation system, it is advisable to carry out using equations that in one form or another reflect the balance of interests. It is obvious that each of the participants in the insurance relationship pursues its own social and economic goals, however, it is possible to count on fruitful, long-term and mutually beneficial cooperation of all interested parties only in the case of their reasonable combination.
According to clause 2 of Article 5 of the Federal Law of July 27, 2010 No. 225-FZ "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Damage as a Result of an Accident at a Hazardous Facility", as well as Article 9 of the Federal Law of July 21, 1997 No. No. 117-FZ "On the safety of hydraulic structures", all hydraulic structures that are subject to entry into the Russian register of hydraulic structures must be insured.
Responsibility for insurance of hydraulic structures is borne by the owner of the GTS or the organization operating the facility (Article 9 of the Federal Law No. 117-FZ). Also, according to Chapter IV of the Federal Law No. 117-FZ, insurance of hydraulic structures is one of the fundamental means of financial security of hydraulic structures.
What hydraulic structures are subject to compulsory insurance
All hydraulic structures of 1-4 hazard classes are subject to compulsory insurance (as well as insurance of hazardous industrial facilities). Namely:
- Dams.
- Hydroelectric buildings.
- Spillway and drainage GTS.
- Outlets, tunnels.
- Channels.
- Pumping stations.
- Shipping locks, ship lifts.
- Structures (dams) enclosing storage facilities for liquid waste of industrial and agricultural organizations.
- Structures designed to protect against floods, destruction of the banks and the bottom of reservoirs, rivers
- Hydraulic unit.
- Shipping GTS 1-4 classes
Compulsory insurance of the GTS is established:
- Clause 2 of Article 5 of the Federal Law of July 27, 2010 No. 225-FZ "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Damage as a Result of an Accident at a Hazardous Facility."
- Article 9 and Article 15 of the Federal Law of July 21, 1997 No. 117-FZ "On the safety of hydraulic structures."
It is also obvious that the insurance contract will help the owners of the GTS to compensate for the damage caused as a result of an accident at their hazardous facility.
The cost of insurance of hydraulic structures
The procedure, conditions and cost of insurance of the GTS are determined by the Federal Law dated July 27, 2010 No. 225-FZ and the Directive of the Central Bank of Russia dated December 19, 2016 No. 4234-U "On insurance rates ...".
The insured amount for the declared HTS is determined based on the maximum possible number of victims, whose life or health may be harmed as a result of an accident at the HTS, and is:
A) 6 billion 500 million rubles - if the maximum possible number of victims exceeds 3,000;
b) 1 billion rubles - if the maximum possible number of victims is more than 1500 people, but does not exceed 3000 people;
c) 500 million rubles - if the maximum possible number of victims is more than 300 people, but does not exceed 1,500 people;
d) 100 million rubles - if the maximum possible number of victims is more than 150 people, but does not exceed 300 people;
e) 50 million rubles - if the maximum possible number of victims is more than 75 people, but does not exceed 150 people;
f) 25 million rubles - if the maximum possible number of victims is more than 10 people, but does not exceed 75 people.
For NOT declared GTS insured amount is set at 10,000,000 rubles.
The insurance rate, on which the cost of the policy depends, is given in Section II of the Directive of the Central Bank of Russia dated December 19, 2016 No. 4234-U and is 0,232 for all types of GTS.
Both a separate hydraulic engineering structure and a GTS complex (hydroelectric complex) can be insured.
The owner of the GTS can determine the cost of the insurance policy independently using the formula:
SP = (SS * ST) / 100 , where SP is the insurance premium (the cost of the policy), SS is the sum insured (Article 6 of the Federal Law No. 225), ST is the insurance rate.
If a reduction factor is applied, which is set based on the safety level of a hazardous facility, the formula will look like this:
SP = (SS * ST * PC) / 100, where PC is the reduction factor.
The maximum reduction factor from January 1, 2016 is 0.6 and provides for a 40% discount on the cost of the policy.
An example of calculating the cost of the policy
(10,000,000 * 0.232) / 100 = 23,200 rubles. - the cost of insurance for hydraulic structures, for which the development of a declaration is not required.
(100,000,000 * 0.232) / 100 = 232,000 rubles. - the cost of insurance of the declared GTS with the maximum possible number of victims of more than 150 people, but not more than 300 people.
From January 1, 2012, the Federal Law of July 27, 2010 No. 225-FZ "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Damage as a Result of an Accident at a Hazardous Facility" (hereinafter - Federal Law No. 225-FZ) comes into force ... Since the document contains a number of legislative innovations in comparison with the current procedure for insuring the liability of operators of hazardous production facilities (HIF), the implementation of this law raises many questions. The most typical questions asked during various seminars, discussions, conferences on this topic, as well as answers and corresponding comments to them, are presented below.
Svetlana GUSAR,
Insurance Development Director of the National Union of Liability Insurers (NCCO).
General Provisions
What is OSOPO?
The abbreviation OSOPO means compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility. Sometimes the abbreviation OPO is used to denote this type of compulsory insurance.
What regulatory legal acts are regulated by OSOPO?
Relationships associated with OSOPO are governed by:
Federal Law No. 225-FZ, which comes into force on January 1, 2012, with the exception of provisions for which other terms are provided;
Federal Law No. 116-FZ of July 21, 1997 "On Industrial Safety of Hazardous Production Facilities" (hereinafter - Federal Law No. 116-FZ) (as amended on October 19, 2011);
Federal Law No. 117-FZ of July 21, 1997 "On the Safety of Hydraulic Structures" (hereinafter - Federal Law No. 117-FZ) (as amended).
What is the social orientation of the OSOPO?
The social orientation of the OSOPO is the guaranteed receipt of compensation for harm caused to the life, health and (or) property of the victims (including the employees of the insured), including in connection with the violation of their living conditions.
Is insurance under Federal Law No. 225-FZ voluntary?
No, according to the provisions of federal laws No. 116-FZ, No. 117-FZ and No. 225-FZ, the owner of a hazardous facility is obliged to conclude an OSOPO agreement.
Who should enter into an OSOPO contract?
The OSOPO contract must be concluded by the owner of the hazardous facility. According to Federal Law No. 225-FZ, the owner of a hazardous facility is a legal entity or an individual entrepreneur who owns a hazardous facility on the basis of ownership rights, the right of economic management or the right of operational management, or on any other legal basis and operating the hazardous facility.
If a hazardous facility is operated on the basis of a lease, who should enter into an insurance contract?
Operation of a hazardous facility on the basis of a lease agreement in accordance with the Civil Code of the Russian Federation means that the facility is in responsible possession and (or) responsible use by the lessee. Thus, the lessee is the owner of the dangerous object, who is obliged to insure his liability in accordance with the law on compulsory insurance.
What is the object of this type of compulsory insurance?
The object of compulsory insurance is the property interests of the owner of a hazardous object related to his obligation to compensate for the harm caused to the victim.
Can the insurer refuse to conclude an insurance contract with the owner of an HPO?
Compulsory insurance contract is a public contract. This means that the insurer has no right to refuse to conclude a contract.
If the company entered into an insurance contract in accordance with the requirements of Federal Law No. 116-FZ in December 2011, will it be necessary to conclude a compulsory insurance contract in January 2012, when Federal Law No. 225-FZ comes into force? Or will it be possible to conclude an agreement after the expiration of the current agreement?
A compulsory insurance contract in accordance with Federal Law No. 225-FZ must be concluded from January 1, 2012. Operation of a hazardous facility in the absence of an agreement that complies with the provisions of Federal Law No. 225-FZ shall entail the imposition of an administrative fine on officials in the amount of 15 thousand rubles or more. up to 20 thousand rubles, and for legal entities - from 300 thousand to 500 thousand rubles. (the norm coming into force on April 1, 2012).
The company has an insurance contract concluded in accordance with the requirements of Federal Law No. 116-FZ, valid from May 2, 2011 to May 1, 2012. What will happen to the said contract if the company concludes an insurance contract under Federal Law No. 225- FZ?
The insurance contract will be valid.
Currently, with insurance under Federal Law No. 116-FZ, some enterprises are insured only in case of accidents, some are additionally insured in case of incidents. What will change after the entry into force of Federal Law No. 225-FZ?
"Accident" in Federal Law No. 225-FZ is a term that almost unites the terms "accident" and "incident" from No. 116-FZ, since it does not include part of what is an "incident" under No. 116-FZ, namely : violation of the provisions of No. 116-FZ, other federal laws and other regulatory legal acts of the Russian Federation, as well as regulatory technical documents establishing the rules for conducting work at HIFs (hydraulic structures (GTS), as a result of which harm may be caused established by federal laws No. 116-FZ and 117-FZ.
Requirements for insurers
Are there any special requirements for insurers who can provide insurance under an OSOPO?
A necessary requirement is that the insurer has a license to carry out compulsory insurance (to obtain it, he must have at least two years of experience in conducting civil liability insurance operations of organizations operating dangerous objects).
In addition, the insurer must be a member of a professional association of insurers acting on the basis of this federal law.
What is NCCO?
The National Union of Liability Insurers (NCCO) is a professional association of Russian insurers that provide compulsory civil liability insurance for damage caused by the operation of hazardous facilities and other types of liability.
Do all members of the NSSO need a license to carry out work using information constituting a state secret in the framework of compulsory insurance?
Federal Law No. 225-FZ does not establish a mandatory requirement for obtaining a license for state secrets, however, an insurer may need to obtain such a license if the hazardous object contains information constituting a state secret.
Scope of Federal Law No. 225-FZ
Are military bases and warehouses (military-industrial facilities) insured under Federal Law No. 225-FZ?
If military bases and warehouses (military-industrial facilities) include OPOs subject to registration in the State Register of Hazardous Production Facilities, or GTS entered in the Russian Register of Hydraulic Structures, then the above OPO and (or) GTS are subject to insurance under Federal Law No. 225-FZ.
Will the damage caused to the natural environment be covered under Federal Law No. 225-FZ?
No, this law does not apply to relations arising as a result of causing harm to the environment. To ensure maximum insurance coverage, the owner of a HIF has the opportunity to conclude a voluntary insurance contract for liability for damage, including to the natural environment.
Are nuclear facilities insured?
If the structure of nuclear facilities includes HIFs subject to registration in the State Register of Hazardous Production Facilities, or GTS included in the Russian Register of Hydraulic Structures, then the above HIFs and (or) GTS are subject to insurance under Federal Law No. 225-FZ.
Types of dangerous objects
Will the fuel truck be classified as a hazardous facility under Federal Law No. 225-FZ?
The fuel truck itself is not a dangerous object (in the understanding of this law), but a technical means intended for the transportation (movement) of hazardous substances. However, it may be part of the OPO "Section for the transportation of hazardous substances" (see Rostekhnadzor order dated April 7, 2011 No. 168), which in turn is subject to insurance under Federal Law No. 225-FZ.
What are declared objects? Who should develop industrial safety declarations (HTS safety declarations)? What are the procedures for examination, approval and approval of declarations?
In the context of Federal Law No. 225-FZ, the declared objects are understood as OPOs, for which (according to the requirements of Federal Law No. 116-FZ) the development of an industrial safety declaration is required, and GTS, for which (according to the requirements of Federal Law No. 117-FZ), the development of a declaration is required safety of hydraulic structures.
An industrial safety declaration (safety declaration) for an operating facility can be developed either by the owner of the facility himself or by any legal entity or individual.
The safety declaration for an operating facility is subject to a mandatory examination by an appropriate expert organization.
Requirements for the composition, procedure for approval and examination of the industrial safety declaration are established in the Rostechnadzor regulations.
No. Category "dangerous production facility"Assigned when registering an object in the State Register, hazardous production facilities. The company must be registered earlier as a legal entity of a certain legal form.
If an entrepreneur opens a shopping center that has elevators and escalators, are they subject to registration as an OBO?
Yes, according to the order of Rostekhnadzor dated April 7, 2011 No. 168, all “elevator platforms in administrative, residential, hospital, hotel, etc. buildings on a certain territory of the organization or the territory of an administrative unit, in shopping centers taking into account and escalator sites "are registered as one OPO -" Elevator facilities site ".
What is the difference between a pad and a well stock? Is it the same thing or not?
Well stock is a broader concept than a well cluster. The concept of "well stock", according to the order of Rostekhnadzor dated April 7, 2011 No. 168, includes "wells of all categories (drilled), metering devices, a water distribution block, a chemical injection block, instrumentation, located on the territory of the field (site, site)" ...
Well cluster - a group of three or more wells located on special sites and spaced from one another or from individual wells at a distance of at least 50 m.
Determination of the need for insurance under Federal Law No. 225-FZ
The house has a boiler room and an elevator. Do I need to insure them under Federal Law No. 225-FZ?
The question is not quite correctly asked and requires further clarification, since there is no information about what kind of building it is (administrative, residential, private house, etc., what kind of boiler room, etc.)? If the boiler room and the elevator are part of any OPO, then this object is subject to insurance under this law.
Do I need to insure companies producing fireworks (fireworks)?
If the objects of the enterprise for the manufacture of pyrotechnic products (fireworks) are registered in the State Register of Hazardous Production Facilities as HIFs (based on the presence of hazardous substances), then they are hazardous objects in the interpretation of Federal Law No. 225-FZ and, accordingly, are subject to compulsory liability insurance.
How to deal with the obligation to insure under Federal Law No. 225-FZ, when a dangerous object formally exists, but does not actually exist?
In this case, a formal approach is applied, namely, if a hazardous facility is registered as a HIF or GTS, then it is subject to compulsory insurance under this law. If the facility does not actually exist, then its owner should exclude it from the State Register of Hazardous Production Facilities (Russian Register of Hydraulic Structures), only after that the obligation to insure liability will be removed from it.
Are petrol stations insured?
According to Federal Law No. 283-FZ of October 19, 2011, which amended federal laws No. 225-FZ and No. 226-FZ, gas stations where retail trade in gasoline and diesel fuel is carried out do not belong to the OPO category, but are subject to mandatory liability insurance in accordance with Article 5 of Federal Law No. 225-FZ.
Insurance case
If an employee was injured at work, but the incident was not registered as an accident in the meaning of Federal Law No. 225-FZ, what should he do to receive compensation under this law?
In order for an employee to receive compensation under Federal Law No. 225-FZ, an accident as a result of which an employee was injured must be documented as an accident in the interpretation of this law. If the incident was not an accident in accordance with Federal Law No. 225-FZ, then the employee is not entitled to payment for it. If the incident is an accident in the meaning of this law, but for any reason it was not properly documented, the employee must submit a corresponding statement to the management of the enterprise. In the absence of a proper response from the management, the injured employee can write a complaint about the actions of the company's management to the supervisory authority, whose competence includes supervision of the safety of the facility, in particular, to Rostekhnadzor. In addition, an employee of an enterprise has the right to go to court on this issue with a claim for violation of his legal rights, in particular, the right to pay insurance compensation under Federal Law No. 225-FZ.
Conclusion of an insurance contract
What documents does the insured submit when concluding an OSOPO contract?
According to the OSOPO Rules, the policyholder submits the following documents to the insurer to conclude a contract:
a) an application for compulsory insurance in the form established by the Rules with attachments of documents containing information necessary to determine the amount of insurance premiums about the hazardous facility, the level of its safety, and the harm that may be caused as a result of an accident at a hazardous facility;
b) a copy of the certificate of registration of hazardous industrial facilities in the State Register of Hazardous Production Facilities or a copy of an extract from the Russian Register of Hydraulic Structures;
c) copies of documents confirming ownership and (or) possession of a hazardous object;
d) a card for registering HIFs in the State Register of Hazardous Production Facilities and information characterizing HIFs prepared in accordance with the procedure established by the federal executive body / exercising, within its competence, the functions of control and supervision in the field of safety of the relevant HIF or HS;
e) information on the presence of insured events (when concluding an OSOPO contract for a new term with another insurer; upon initial application, it is not submitted).
When concluding an OSOPO agreement, prior to registering an OPO, the policyholder, together with an application, submits to the insurer information characterizing the OPO, prepared in the manner prescribed by Rostekhnadzor.
After the state registration of the OPO, the insured is obliged to report its registration number within three working days to the insurer, who, on the basis of the data received, makes a corresponding entry in the insurance policy, as well as submit to the insurer the rest of the documents provided for in paragraphs. "B" - "d".
How is the insurance premium paid under the OSOPO agreement?
The insurance premium under the OSOPO agreement can be paid:
at a time;
by installments in two equal payments: the first payment - upon concluding the OSOPO agreement; the second payment - no later than 5 months from the date of payment of the first installment;
by installments in four equal quarterly installments (subject to payment of each regular installment no later than 30 calendar days before the end of the paid period).
In this case, the insurance contract comes into force after the payment of the insurance premium or the first insurance premium.
Can the insurance company terminate the insurance contract? In which cases?
The insurer has the right to demand termination of the OSOPO contract in case of delay in payment of the insurance premium or the next insurance premium for more than 30 calendar days.
How is the insurance premium (SP) calculated for an insurance contract?
In accordance with the Decree of the Government of the Russian Federation of October 1, 2011 No. 808, the insurance premium is calculated as follows:
SP = Basic gross rate * Correction factors * Sum insured.
The basic gross rate is determined separately for each type of facility in accordance with the classification of hazardous industrial facilities established by order of Rostechnadzor dated April 7, 2011 No. 168.
Correction factors are determined in accordance with Federal Law No. 225-FZ, depending on:
From harm that can be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims;
From the absence or presence of insured events that occurred during the validity period of the previous compulsory insurance contract due to violation by the insured of the rules and regulations for the operation of a hazardous facility established by the legislation of the Russian Federation;
From the level of safety of a hazardous facility.
According to Article 29 of Federal Law No. 225-FZ, before January 1, 2016, the minimum values of the additional reducing coefficient established by the insurer are set in the following amounts:
The insured amount for undeclared objects is determined in accordance with the grouping of OPOs under Federal Law No. 225-FZ from 10 million to 50 million rubles; for declared objects - depending on the maximum possible number of victims, whose life or health may be harmed, and ranges from 10 million to 6.5 billion rubles.
Does the insurance company have the opportunity to check the correctness of the data on the PBO provided by the policyholder?
Federal Law No. 225-FZ provides for an opportunity for an insurance company to conduct an examination of a hazardous facility at its own expense when concluding a compulsory insurance contract and during its validity period.
In addition, a mechanism for checking information is also provided in the automated information system for compulsory insurance of hazardous objects (AIS OPO). After the conclusion of the insurance contract, information about the contract with all the attributes of the object from the insurance company is sent to the AIS OPO. In accordance with the requirements of Article 26 of Federal Law No. 225-FZ, information interaction with Rostekhnadzor, Rosvodresursy, EMERCOM of Russia and local authorities is envisaged.
Do I need to contact the insurance company when there are changes at a hazardous facility that entail changes in the essential terms of the insurance contract?
According to article 11 of Federal Law 225-FZ, the policyholder is obliged to notify the insurer of all changes made to the documents submitted to the insurer when concluding a compulsory insurance contract within five working days from the date of such changes.
What documents are issued to the policyholder when concluding a compulsory insurance contract and paying the insurance premium (first insurance premium)?
In confirmation of the conclusion of the OSOPO contract, the insured receives an OSOPO insurance policy in his hands.
Does the OSOPO policy have the same form in all companies?
All insurance companies will use the same policy format. The policy is a form of strict reporting, which is produced in Goznak.
How do you know if an object is declarative?
Article 14 of Federal Law No. 116-FZ establishes the obligation to develop industrial safety declarations for hazardous industrial facilities, on which substances are obtained, used, processed, generated, stored, transported, destroyed in quantities equal to or exceeding those specified in Appendix 2 to this law.
The declaration of safety of hydraulic structures in accordance with Article 10 of Federal Law No. 117-FZ is mandatory for all hydraulic structures falling within the scope of this law.
When concluding an insurance contract, the owner of a hazardous object provides the initial data necessary for concluding the contract, including information about whether the object is declared. If you have any doubts about the reliability of this information, you can contact the territorial authority of Rostekhnadzor, which is in charge of the hazardous facility.
If a dangerous object is leased, who has the obligation to insure in accordance with Federal Law No. 225-FZ?
According to Article 2 of Federal Law No. 225-FZ, "the owner of a hazardous facility is a legal entity or individual entrepreneur who owns a hazardous facility on the basis of ownership, the right of economic management or the right of operational management, or on any other legal basis and operating a hazardous facility." Thus, in the understanding of this law, the owner of a hazardous facility is a legal entity - the lessee operating the hazardous facility. This is a legal entity and is obliged to insure its liability under Federal Law No. 225-FZ.
If the owner of a hazardous object has changed during the validity of the insurance contract, is it necessary to renegotiate the contract?
According to Article 10 of Federal Law No. 225-FZ: “When the owner of a hazardous facility changes during the period of validity of the compulsory insurance contract, the rights and obligations of the policyholder under this contract are transferred to the new owner of the hazardous facility if the new owner of the hazardous facility within 30 calendar days from the date of entry into possession of a dangerous object has notified the insurer in writing. In the absence of such notification, the compulsory insurance contract terminates from 24 hours local time on the last day of the specified thirty-day period, and the policyholder with whom the compulsory insurance contract was originally concluded has the right to demand the return of part of the insurance premium paid by him in proportion to the unexpired insurance period minus the costs incurred by the insurer for maintaining cases and deductions to the reserve for financing compensation payments ”.
Several cranes are registered as part of the OPO. They are installed non-stationary. Do I need to insure them separately?
Insurance under Federal Law No. 225-FZ covers a hazardous facility (in this case, OPO), in which cranes are registered (including those installed non-stationary). Cranes do not need to be insured separately.
The name of the OPO in the register is “a group of boiler houses”. Is the insurance policy issued for a "group of boiler houses" as a whole or for each boiler house separately?
An insurance policy is issued for each HIF, in this case one policy will be issued for the "group of boiler houses" facility.
Is a well within a cluster of wells insured separately, or is the entire cluster (stock) of wells insured as a whole?
In accordance with Federal Law No. 225-FZ, it is not individual wells that are subject to insurance, but the HIFs to which they are included. In this case, according to the appendix to the order of Rostekhnadzor dated April 7, 2011 No. 168, such an object is called a “well stock” (for oil and gas production facilities) and a “mineral water well” (for mineral water production facilities).
Liability for evading liability insurance
What fines and sanctions are provided for owners of hazardous facilities who do not want to insure liability under Federal Law No. 225-FZ?
From April 1, 2012, Article 9.19 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ comes into force, according to which the operation of a hazardous facility, with the exception of the commissioning of a hazardous facility, in the absence of an OSOPO contract, entails the imposition of an administrative fines for officials in the amount of 15 thousand to 20 thousand rubles, for legal entities - from 300 thousand to 500 thousand rubles.
Which authorities can impose penalties for failure to comply with the insurance obligation?
According to the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 226-FZ), protocols on administrative offenses related to non-compliance with the requirements for compulsory civil liability insurance of the owner of a hazardous facility are drawn up, within the framework of their powers, by officials:
Bodies of state energy supervision, bodies exercising state control and supervision in the field of safe work related to the use of subsoil, industrial safety and safety of hydraulic structures;
Bodies exercising state control over the safety of explosive industries;
Bodies specially authorized to solve problems in the field of civil defense, protection of the population and territories from natural and man-made emergencies;
Bodies exercising state control and supervision over the use and protection of water bodies;
Federal executive body authorized in the field of security of the Russian Federation;
Bodies and institutions of the penal system.
For how long, starting from January 1, 2012, owners of hazardous facilities can insure their businesses and not be subject to penalties? Or should all dangerous objects be insured by January 1, 2012?
From January 1, 2012, the owners of hazardous facilities must insure their liability under the law. At the same time, penalties for failure to comply with this requirement are introduced from April 1, 2012.
When determining the sum insured for the declared objects, are only the employees of the enterprise taken into account or all the victims in general?
Federal Law No. 225-FZ understands as victims all individuals who have suffered harm as a result of an accident (including employees of the insured). Accordingly, when determining the sum insured, all victims in general are taken into account.
If the object is declared, but the industrial safety declaration (safety declaration) is not developed, how to determine sum insured?
The sum insured for the declared object depends on the maximum possible number of victims in the accident (Article 6 of Federal Law No. 225-FZ). The maximum possible number of victims in this case is determined in accordance with the methodology approved in the rules of professional activity "The procedure for determining the harm that can be caused as a result of an accident at a hazardous facility, the maximum possible number of victims and the safety level of a hazardous facility" (entered into force on July 7 2011).
Will a software (calculator) be developed to determine the harm that can be caused as a result of an accident at a hazardous facility, the maximum possible number of victims and the safety level of a hazardous facility, the same for all insurance companies? Where can I get it?
The National Union of Liability Insurers will develop software (calculator), which will allow, among other things, to determine the insured amount and calculate the amount of insurance premium under a compulsory insurance contract.
It is also planned to develop a version of the software for the policyholder.
Access to the software for policyholders and insurers will be provided using the Internet.
In addition to the calculation functions, the program will allow you to generate and print documents: forms of initial information; insurance application for OPO; policy.
When determining the sum insured, is the number of alleged deaths and injured added up?
For declared objects, the insured amount depends on the maximum possible number of victims, whose life or health may be harmed as a result of an accident at a hazardous facility (Article 6 of Federal Law No. 225-FZ), the degree of harm is not specified. Thus, the number of presumed dead and injured is added up. For undeclared objects, the sum insured does not depend on the number of victims.
Can the number of victims in the declaration be less than the number of employees?
The number of victims depends on the size of the zones of action of damaging factors, thus, it can be either less than the number of employees of a hazardous facility (if the zones of action of damaging factors are small), or more, if the zones of action of damaging factors go beyond the boundaries of the hazardous facility and may suffer in an accident. third parties.
There are two industrial safety declarations at the facility - one is valid, but developed several years ago, and the other is recently developed, but is being approved by Rostekhnadzor. Which declaration data should be used when determining the sum insured?
The above situation is not regulated by Federal Law No. 225-FZ and by-laws, however, based on the possibility of a situation where Rostekhnadzor refuses to approve the industrial safety declaration and an expert opinion on it, it should be concluded that when determining the insured amount, one should use the data from the latter ( i.e. the most recent industrial safety declaration registered with Rostekhnadzor.
What to do if the owner of a hazardous facility does not agree with the insurance company regarding the determination of the sum insured?
If we are talking about an undeclared object, then the sum insured for it depends on the industry sector to which this hazardous object belongs.
If we are talking about a declared object for which there is a declaration of industrial safety (declaration of safety of hydraulic structures), then the sum insured is determined on the basis of the maximum number of victims specified in the declaration.
If we are talking about a declared object for which there is no declaration of industrial safety (declaration of safety of hydraulic structures), then the sum insured is determined on the basis of the maximum number of victims, calculated using the methodology approved in the rules of professional activity “Procedure for determining the harm that can be caused as a result accidents at a hazardous facility, the maximum possible number of victims and the safety level of a hazardous facility ”. In the event that the owner of a hazardous facility does not agree with the results of the calculations, he can develop a declaration of industrial safety (declaration of safety for hydraulic structures) for his facility, approve it in the prescribed manner, and then, on the basis of Article 11 of Federal Law No. 225-FZ, send the insurer a request for changes in the conditions of insurance, including the sum insured and the insurance rate.
Taxation
From what expense item will owners of hazardous facilities pay for insurance under Federal Law No. 225-FZ?
Civil liability insurance of the owner of a hazardous facility is mandatory in accordance with Federal Law No. 225-FZ. Insurance premiums for all types of compulsory insurance are included in the costs associated with production and sale, namely, in other costs (within the insurance rates approved in accordance with the legislation of the Russian Federation: Articles 253, 263 of the Tax Code of the Russian Federation), i.e. ... are included in the cost price.
Rates
Will the rates be the same for all insurance companies?
Yes, the tariffs for OSOPO are approved by the Decree of the Government of the Russian Federation dated October 1, 2011 No. 808 and are the same for all insurance organizations that carry out OSOPO.
Who sets the structure of insurance rates?
Insurance rates, the structure of insurance rates, as well as the procedure for their application when calculating insurance premiums are established by the Government of the Russian Federation.
What are the costs of running an insurance company?
In accordance with the Decree of the Government of the Russian Federation of October 1, 2011 No. 808, the cost of doing business by an insurance company is 20%.
What are the deductions for the formation of the compensation fund?
In accordance with the Decree of the Government of the Russian Federation of October 1, 2011 No. 808, the amount of deductions for the formation of the fund of compensation payments is 3%.
If a hazardous facility is both a HIF and a GTS, then how to determine the tariff for it, taking into account the fact that the tariffs are different for HIF and for GTS?
Currently, this issue has not been settled at the level of by-laws. It is assumed, based on the principle of maximum protection of potential victims, that an insurance option will be chosen that corresponds to the maximum insured amount.
Hydraulic structures
Do I need to insure the ownerless GTS and how to do it?
Federal Law No. 225-FZ includes all GTSs in the number of hazardous facilities subject to compulsory liability insurance, thus, ownerless GTSs are subject to insurance on a general basis, but in practice it is difficult to insure them, since their owner is absent (unknown).
In which section of the safety declaration for the hydraulic structures is the maximum number of victims indicated?
The maximum number of victims can be indicated, for example, in sections: I.7 "Information on financial support for civil liability for harm that may be caused as a result of a GTS accident"; II.11 "Determination of the value of the risk of an accident in hydraulic structures", as well as in other documents developed in conjunction with the declaration of safety of hydraulic structures.
Accident at OPO, insured event and insurance payments
What is an insured event in OSOPO?
The law establishes that an insured event is the onset of the insured's civil liability for obligations arising as a result of harm to the victims during the period of the compulsory insurance contract, which entails the obligation of the insurer to make insurance payments to the victims. Let's consider examples when the declared event is an insured event:
Causing harm to victims is a consequence of an accident at a hazardous facility that occurred during the period of validity of the compulsory insurance contract.
The accident at the HIF, which caused harm, took place within the boundaries of the HIF.
The accident at the GTS, which caused harm, took place on technical devices and structures related to the GTS.
The claims of the victims for compensation for the harm caused were declared to the policyholder or the insurer within the statute of limitations established by the current legislation of the Russian Federation.
What is an accident at a hazardous facility?
Accident at a hazardous facility - damage or destruction of structures, technical devices used at a hazardous facility, explosion, release of hazardous substances, failure or damage of technical devices, deviation from the technological process, discharge of water from a reservoir, liquid waste of industrial and agricultural organizations that have arisen during the operation of a hazardous facility and caused harm to the victims.
In this case, the operation of a hazardous facility means the following actions: putting a hazardous facility into operation, use, maintenance, conservation, liquidation of a hazardous facility, as well as manufacturing, installation, adjustment, maintenance and repair of technical devices used at a hazardous facility.
It is important to note that the concept of "accident" in Federal Law No. 225-FZ is a term that combines the definitions of incidents (accidents and incidents) at hazardous industrial facilities (GTS), as a result of which harm may be caused, established in Federal Laws No. 116-FZ and No. 117-FZ.
As a result of an incident, harm can also be caused, therefore its definition is included in the concept of "accident" for insurance purposes with the following restrictions: the concept does not include violations of the provisions of Federal Law No. 116-FZ, other regulatory legal acts of the Russian Federation, as well as regulatory technical documents, establishing the rules for conducting work at HIFs, which in the terminology of Federal Law No. 116-FZ refer to the incident, since the connection of such violations with causing harm is not obvious.
How does the insurer know about the event that happened at the HIF, as well as about the details of the incident?
According to Federal Law No. 225-FZ, the policyholder is obliged to inform the insurer about this within 24 hours from the moment of the accident at a hazardous facility. At the same time, information on the event can be provided by Rostekhnadzor or EMERCOM of Russia.
The insurer learns more detailed information on the accident in the course of its investigation, without fail taking part in the work of the relevant expert commission.
When is an event not an insured event? What are the exceptions to insurance coverage under the OSOPO agreement?
The occurrence of the insured's civil liability for obligations arising from damage outside the territory of the Russian Federation to the natural environment is not an insured event; use of atomic energy.
In addition, under a compulsory insurance contract, the insurer does not indemnify:
Damage caused to the property of the policyholder;
Expenses of the victim related to non-performance or improper performance of his labor duties or civil obligations, including the loss of income of the victim, unforeseen, court and other expenses;
Damage caused to the property of the victim, whose deliberate actions caused an accident at a hazardous facility;
Losses that are lost profits, including those associated with the loss of the market value of the property, as well as moral damage.
Also, the insurer is released from the obligation to make insurance payments if the harm to the victims is caused as a result of an accident at a hazardous facility that occurred as a result of acts of sabotage and terrorist acts, as well as due to the circumstances provided for in clause 1 of Article 964 of the Civil Code of the Russian Federation, which include:
Exposure to a nuclear explosion, radiation or radioactive contamination;
Military action, as well as maneuvers or other military activities;
Civil war, civil unrest of all kinds or strikes;
Seizure, confiscation, requisition, arrest or destruction of the insured property by order of state authorities.
What should a victim who is injured as a result of an accident at a hazardous facility do?
If damage to your property or health is caused by an accident at a hazardous facility, you should take all possible measures to reduce this harm.
Find out if the liability of the owner of this dangerous facility is insured by law? If such information was not provided by the owner of the hazardous facility, you should contact the NSSO with a corresponding request.
If the liability of the owner of a hazardous object is insured, you will receive information about the insurer to whom you should apply for insurance payment.
If the owner of a hazardous facility, in violation of the law, has not insured his liability or is unknown, as well as in cases where the insurer who has insured the civil liability of the owner of the hazardous facility has a license revoked or bankruptcy proceedings are underway against him, starting from July 1, 2012. you will be able to apply for a compensation payment to the NSSO.
Where can the victim find out information about the insurer who has insured the liability of the owner of the dangerous object, and the terms of the insurance contract?
This information can be obtained from the owner of the hazardous facility himself. If it is difficult, then the victim can contact the NSSO by phone hotlineНССО or through the request form on the website. Also, in accordance with the law, the victim can apply with a corresponding request to Rostekhnadzor, EMERCOM of Russia or Rosvodresursy within their competence. In case of an accident at a hazardous facility this information will be provided immediately.
What is the time frame for the insurance company to make the insurance payment?
After establishing the causes of the accident (obtaining an agreed act of technical investigation of the causes of the accident) and receiving the victim's statement of insurance payment with the attachment of a complete set of documents confirming the damage and its size (specified in the rules of compulsory civil liability insurance of the owner of a hazardous facility for causing damage as a result of an accident on hazardous facility (hereinafter - the insurance rules), approved by Decree of the Government of the Russian Federation of November 3, 2011 No. 916), the insurer within 25 working days is obliged to make an insurance payment to the victim or send an insurance act containing motivated refusal of insurance payment.
A complete set of documents required by law for the insurer to make an insurance payment or a reasoned refusal to pay out includes both documents provided directly to the victim and a document establishing the cause of the accident, which is drawn up by a special commission to investigate the causes of the accident and provided to the insurer from other sources ...
What is the procedure for compensation for harm caused to the health of the victim as a result of an accident at a hazardous facility?
Until 2013, the amount of insurance payment in the event of injury to the victim is determined in accordance with Chapter 59 of the Civil Code of the Russian Federation.
In order to receive insurance compensation, the victim, whose health has been harmed, must apply for insurance payment to the insurer who has insured the liability of the owner of the hazardous facility under the law. In this case, the victim must attach to the application the documents specified in Section IX of the insurance rules.
The following are subject to reimbursement:
Starting from 2013, to determine the amount of insurance compensation in terms of harm to health, the insurer will use both the procedure specified in Chapter 59 of the Civil Code of the Russian Federation and the table of insurance payments from the insurance rules.
How much can the victim receive as compensation for the harm caused to him as a result of the accident?
The amount of insurance payments under the compulsory insurance contract is:
Not more than 25 thousand rubles. - at the expense of reimbursement of expenses for the burial of each victim;
No more than 2 million rubles. - in terms of compensation for harm caused to the health of each victim;
No more than 200 thousand rubles. - in terms of compensation for harm caused in connection with the violation of the living conditions of each victim;
No more than 360 thousand rubles. - in terms of compensation for harm caused to the property of each victim - an individual, with the exception of harm caused in connection with the violation of living conditions;
Not more than 500 thousand rubles. - in terms of compensation for damage caused to the property of each victim - a legal entity.
What package of documents must be collected (except for the act) to settle the loss in the event of an accident?
To receive insurance benefits, the victim must apply for insurance benefits to the insurer who has insured the civil liability of the owner of this dangerous facility.
Does the contract remain in effect if the entire sum insured has been spent on payments?
Yes, the contract continues. The sum insured is established for each insured event.
Payment for burial (25 thousand rubles) - is it a fixed amount or reimbursement of actually incurred burial expenses?
The insurer shall reimburse the actual and documented expenses for the burial of the deceased as a result of an accident at a hazardous facility to persons who incurred these expenses, but not more than 25 thousand rubles.
What if the sum insured is not enough to pay all the victims?
If the amount of harm inflicted to the victim exceeds the maximum amount of insurance payment established by law, the victim has the right to demand an additional payment from the owner of the hazardous facility, including in court.
If payments are to be made to several victims and the amount of their claims exceeds the sum insured, then the following sequence of payments is established: first of all, the damage caused to the life and health of the injured is compensated; in the second - the property of individuals; then - the property of legal entities.
At the same time, if the sum insured (or its remaining part) is not enough to fully compensate the victims of one of the queues, then payments to each victim of this queue are made in proportion to the ratio of the insured amount (its remaining part) to the total amount of claims of the victims of this queue.
Does the insurance indemnity in case of injury to health as a result of an accident depend on the actual costs of treatment incurred?
Yes, until 2013, insurance compensation for harm caused to the victim's health is determined in accordance with Chapter 59 of the Civil Code of the Russian Federation.
The actual costs of treatment are reimbursed. In this case, the following are subject to compensation:
Lost earnings (income) by the victim, which he had or could definitely have;
Additional documented expenses caused by damage to health, including the cost of treatment and the purchase of drugs, additional food, prosthetics, outside care, spa treatment, the purchase of special vehicles, training for another profession.
Starting from 2013, to determine the amount of insurance compensation in terms of harm to health, insurers will use both the procedure established in Chapter 59 of the Civil Code of the Russian Federation and the table of insurance payments from the insurance rules.
How will the damage caused after the expiration of the insurance contract, but as a result of an accident occurring during the insurance contract validity period be compensated?
If an accident at a hazardous facility occurred during the term of the insurance contract, and the damage as a result of this accident was caused after the expiration of the contract, then such damage is also subject to compensation in the prescribed manner.
Is the loss of the value of the damaged property subject to compensation?
In accordance with the law, the loss of the market value of the damaged property is attributed to lost profits and is not subject to compensation under the compulsory insurance contract. In this case, the victim has the right to demand compensation for these losses directly from the owner of the hazardous facility.
How can an injured employee prove that an accident occurred within the meaning of Federal Law No. 225-FZ, if the management of a hazardous facility believes that it was an accident?
An injured employee can write a complaint against the actions of the company's management to the supervisory authority, which is responsible for overseeing the safety of the facility, in particular, to Rostekhnadzor. In addition, an employee of an enterprise has the right to go to court on this issue with a claim for violation of his legal rights, in particular, the right to pay insurance compensation under Federal Law No. 225-FZ.
How to certify the status of an accident under the Federal Law No. 225-FZ with the release of hazardous substances?
For each fact of an accident at a hazardous industrial facility (including with the release of hazardous substances), a technical investigation of its causes is carried out. The results of the technical investigation of the causes of the accident are entered into an act, which indicates the causes and circumstances of the accident, the amount of damage caused, violations of industrial safety requirements, etc.
Compensation payments
What are compensation payments?
Compensation payments are payments to compensate for harm caused to the victim, which are made in accordance with Federal Law No. 225-FZ in established cases, if the insurance payment for compulsory insurance cannot be made.
When will payments from the compensation fund begin?
In what cases are compensation payments made?
In the event of harm to individuals and legal entities, compensation payments are made in cases where the insurance payment for compulsory insurance cannot be made due to the procedure applied to the insurer in relation to the insolvency (bankruptcy) case and provided for by federal law; revocation of the license from the insurer to carry out insurance activities.
In addition, individuals are entitled to compensation payments if the person responsible for the harm caused to the victim is unknown; there is no compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to his failure to fulfill the insurance obligation established by law.
Who is eligible to receive compensation payment?
Both individuals and legal entities are entitled to receive compensation payments. At the same time, the list of cases in which it is possible to make compensation payments is different for legal entities and individuals.
What are the limits for compensation payments?
Compensation payments are set in the amount of:
2 million rubles - in terms of compensation for harm to persons who have suffered damage as a result of the death of each victim (breadwinner);
Costs incurred, but not more than 25 thousand rubles. - at the expense of reimbursement of expenses for the burial of each victim;
Damage caused, but not more than 2 million rubles. - in terms of compensation for harm caused to the health of each victim;
Damage caused, but not more than 200 thousand rubles. - in terms of compensation for harm caused in connection with the violation of the living conditions of each victim;
Damage caused, but not more than 360 thousand rubles. - in terms of compensation for damage to the property of each victim - an individual, with the exception of harm due to violation of living conditions;
Damage caused, but not more than 500 thousand rubles. - in terms of compensation for damage to the property of each victim - a legal entity.
In this case, compensation payments are reduced by an amount equal to the amount of partial compensation for damage made by the insurer and (or) the insured.
Who makes compensation payments?
Compensation payments are made by the professional association of insurers (NSSO). In addition, insurers acting at the expense of the NSSO on the basis of contracts concluded with it can carry out the consideration of the claims of the victims for compensation payments and the compensation payments themselves.
Where should the victim apply for compensation payment?
The victim who has the right to receive compensation payments must apply to the NSSO or to the insurer with which the NSSO will conclude an agreement on the transfer of the relevant powers.
What documents must be submitted to the victim in order to receive compensation payment?
To receive compensation payments, the victim must apply to the NSSO (to the insurer authorized by the NSSO).
The application must be accompanied by documents proving the applicant's identity, family ties or the corresponding powers of the persons who are representatives of the victim, and (or) a power of attorney; confirming the infliction of harm to the victim as a result of an accident at a hazardous facility and the amount of harm caused, the list of which is established in sections VIII-XI of the insurance rules, depending on the type of harm caused.
Where can I get information about the revocation of a license for the right to carry out insurance activities from an insurance company?
Up-to-date information is presented on the NSSO website.
In what cases does the NSSO have the right to recover the amount of the compensation payment made to the victim from the owner of the hazardous facility?
If the compensation payment to the victim was made by the SSSO due to the fact that at the time of filing the application the person responsible for the harm caused to the victim was unknown, or the absence of a compulsory insurance contract under which the civil liability of the person who caused the harm was insured, due to his failure to fulfill the obligation established by law for insurance, the NSSO has the right to recover from the specified person the amount of this payment and demand reimbursement of the costs incurred for the consideration of the victim's claim for compensation.
Insurer recourse claims
Are accidents caused by the employee's fault subject to Federal Law No. 225-FZ?
Accidents caused by the fault of the employee are subject to Federal Law No. 225-FZ, however, if the accident is caused by deliberate actions (inaction) of the employee of the insured, then according to Article 13 of this law, the insurer has the right to submit a recourse claim within the limits of the insurance payment made to the insured.
NSSO membership and licensing
What should be understood by experience in conducting civil liability insurance operations of organizations operating hazardous facilities? Should there be payments under these insurance contracts in each of the two annual periods?
In accordance with Article 24 of Federal Law No. 225-FZ, requirements are established for insurers applying for a license to carry out compulsory civil liability insurance of the owner of a hazardous facility for damage caused by an accident at a hazardous facility, namely:
The insurance subject has at least two years of experience in conducting civil liability insurance operations of organizations operating hazardous facilities;
Membership in a professional association of insurers.
Based on paragraph 1 of Article 927, p. 1, 2 of Article 929 of the Civil Code of the Russian Federation, p. 1, 2, Article 6 of the Law of the Russian Federation "On the Organization of Insurance Business in the Russian Federation" (hereinafter - Law No. 4015-1) under two years of experience in conducting insurance operations as a mandatory requirement for the subject of insurance business applying for a license, it should be understood that insurers for this type of insurance for at least two years, they carried out an assessment of insurance risk, received insurance premiums, formed insurance reserves, invested assets, determined the amount of losses or damage, made insurance payments, and carried out other actions related to the fulfillment of obligations under an insurance contract.
Is membership in the NSSO a prerequisite to obtain a license to carry out compulsory insurance in accordance with Federal Law No. 225-FZ?
According to Articles 4, 32 of Law No. 4015-1, as well as Articles 14, 15, 17, 21, 24 of Federal Law No. 225-FZ, admission to the compulsory insurance market is not limited only to the receipt of a license by the insurer in the prescribed manner. Subjects of insurance business before applying for a license to the authority insurance supervision must join a professional association of insurers, acting on the basis of Federal Law No. 225-FZ.
Should the two-year period for civil liability insurance operations of organizations operating hazardous facilities be continuous, or could it be two separate reporting annual periods? From what point should the two-year period start?
Federal Law No. 225-FZ does not give an unambiguous answer to this question, but, according to the NSSO, in order to confirm the fulfillment of the requirements of paragraph 1. of Article 24 of this law, the insurer must carry out activities on civil liability insurance of organizations operating hazardous facilities, and reflect it in established accounting reports, reports submitted in the order of supervision, statistical reporting submitted to the insurance supervisory authority. This reporting will make it possible to establish the existence of civil liability insurance contracts of organizations operating hazardous facilities, the receipt of insurance premiums and payments on them in any two annual periods during the validity period of the license for this type of insurance. At the same time, clause 2 of Article 32 of Law No. 4015-1 does not contain an obligation for the license applicant to provide information confirming the existence of two years of experience in conducting civil liability insurance operations of organizations operating hazardous facilities.
