Unofficial transfer (c) Soyuzpravoinform LLC
of May 21, 2024 No. 3720-IX
About compulsory insurance of civil responsibility of owners of land vehicles
This Law governs the relations in the field of compulsory insurance of civil responsibility of owners of land vehicles and is aimed at providing implementation of payment for the harm done to life, health and/or property of the injured persons in usage time of land vehicles in Ukraine.
1. In this Law terms are used in the following value:
1) the owner of the land vehicle (further - the vehicle owner) - person who is the owner according to the law or the legal owner (user) of the land vehicle based on the property right, the right of economic maintaining, operational management, the lease agreement or on other legal causes;
2) the road accident - event which took place during movement of the vehicle as a result of which harm is done to life, health and/or property of the victim;
3) the secure vehicle - the land vehicle specified in the current agreement of compulsory insurance of civil responsibility;
4) land vehicles (further - vehicles) - vehicles of the following categories:
cars, motorcycles (including motor scooters and microcars), mopeds, trail cars to cars;
other vehicles intended for transportation of passengers, load, baggage, mail and/or equipped with the special equipment / equipment provided that data on such vehicles are entered in the Unified state register of vehicles provided by the Law of Ukraine "About traffic";
5) person whose civil responsibility is insured, - person using the secure vehicle except person using the secure vehicle which left its lawful ownership owing to making of illegal actions;
6) the injured person - the physical person, to life, health and/or property of which harm, and/or the legal entity to whose property harm, as a result of the road accident which has the right to compensation of such harm according to this Law is done is done;
7) procedural payment - the insurance payment (insurance indemnity) performed by Motor (transport) insurance bureau of Ukraine (further - MTSBU) at the expense of means of centralized insurance reserve funds in the cases provided by this Law;
8) the insurance certificate "Green card" - the map of the international automobile insurance applied in state members of the international system of automobile insurance "Green card" and certifying availability in the states specified and not eliminated in such certificate of the existing international treaty of the compulsory insurance of civil responsibility operating on the conditions established by the legislation on compulsory insurance of civil responsibility of the state of stay of the corresponding vehicle;
9) the insurer of responsible person insurer with whom the agreement of compulsory insurance of civil responsibility according to which the civil owner's liability of the vehicle in which usage time harm is done to the secure vehicle of the injured person is insured is signed;
10) the insurer of the injured person insurer with whom the agreement of compulsory insurance of civil responsibility according to which civil responsibility of the injured person to whose vehicle harm is done is insured is signed;
11) the insurer - person who signed the agreement of compulsory insurance of civil responsibility with the insurer.
2. Other terms are used in this Law in the values given in the laws of Ukraine "About financial services and finance companies", "About insurance" and other laws of Ukraine.
1. The relations in the field of compulsory insurance of civil responsibility of owners of land vehicles (further - civil responsibility) are regulated by the Constitution of Ukraine, the Civil code of Ukraine, the Law of Ukraine "About insurance", this Law, other laws of Ukraine and regulatory legal acts adopted according to them.
2. Action of provisions of the Law of Ukraine "About insurance" extends to the relations regulated by this Law if this Law does not provide other.
3. For the purposes of the laws of Ukraine "About financial accounting and the financial reporting in Ukraine" and "About financial records audit and auditor activities" MTSBU is the company which is of public interest.
4. In case of contradiction of provisions of this Law to provisions of other legal acts of Ukraine provisions of this Law have advantage.
1. Participants of the market of compulsory insurance of civil responsibility are insurers and other persons whose civil responsibility is insured, the injured persons (their legal representatives, heirs, legal successors), other persons who according to this Law have the right to insurance payment, insurers, suppliers of accompanying services in the market of insurance, MTSBU.
Insurers who are physical persons other physical persons which civil responsibility is insured, physical persons which according to this law have the right to insurance payment are consumers in the value given in the Law of Ukraine "About insurance".
1. The subject of the agreement of compulsory insurance of civil responsibility is transfer by the insurer for a fee of the risk connected with object of insurance, to the insurer on the conditions determined by this Law.
2. Object of insurance under the agreement of compulsory insurance of civil responsibility is responsibility for the harm done owing to use of the secure vehicle by person which civil responsibility is insured to life, health and/or property of the injured persons owing to loss occurrence.
1. Insured event under the agreement of compulsory insurance of civil responsibility is the road accident with participation of the secure vehicle as a result of which person whose civil responsibility is insured had obligation to indemnify the loss caused to life, health and/or property of the injured persons.
1. According to this Law agreements of compulsory insurance of civil responsibility of the following types are signed:
1) the agreement of compulsory insurance of civil responsibility existing only in the territory of Ukraine (further - the internal insurance contract);
2) the agreement of compulsory insurance of civil responsibility existing in the territory of the state members of the international system of automobile insurance "Green card" specified and not eliminated in the insurance certificate "Green card" (further - the international treaty of insurance).
1. In the territory of Ukraine use of exclusively secure vehicles is allowed.
The vehicle shall be provided prior to its use in traffic on ulichno - road net public in the territory of Ukraine.
Person responsible for the conclusion of the internal insurance contract for the unsecured vehicle, are:
1) person behind whom in Ukraine the vehicle is registered;
2) the physical person which temporarily imported the vehicle on customs area of Ukraine;
3) person which is the owner of the unregistered vehicle.
Persons specified in this part shall sign the internal insurance contract with observance of the following terms:
no later than day of vehicle registration in accordance with the established procedure - if the vehicle unsecured;
prior to use of the vehicle in traffic - if the vehicle which unregistered is (not re-registered), struck off the register in the presence of registration plate for one-time trips;
no later than the last day of effective period of the preliminary internal insurance contract;
before entrance on the territory of Ukraine (except case of availability of the vehicle of the existing insurance certificate "Green card" existing in the territory of Ukraine).
2. Management in the territory of Ukraine attracts with the vehicle concerning which there is no current agreement of compulsory insurance of civil responsibility the responsibility established by the law.
Failure to carry out by the vehicle owner of obligation according to the conclusion of the internal insurance contract concerning such vehicle attracts the responsibility established by the law.
3. Departure from Ukraine in state member of the international system of automobile insurance "Green card" of the vehicle registered in Ukraine concerning which there is no international treaty of insurance signed with the insurer - the complete member of MTSBU and certified by the appropriate insurance certificate "Green card" or the insurance policy certifying availability of the international treaty of the insurance operating in the territory of such foreign state is forbidden.
1. For the purpose of the organization of accumulating, storage of information on compulsory insurance of civil responsibility, exchange of such information, ensuring obtaining by the injured persons of information on the agreement of compulsory insurance of civil responsibility, and also ensuring control of implementation of compulsory insurance of civil responsibility of MTSBU is provided by functioning of the single centralized database on compulsory insurance of civil responsibility (further - the single centralized database).
The single centralized database contains the information about the insurers performing activities for compulsory insurance of civil responsibility about the agreements of compulsory insurance of civil responsibility signed by member insurers of MTSBU on the come insured events, condition and results of their settlement, about vehicles and their insurers, including personal data of such insurers, and also other information about compulsory insurance of civil responsibility.
Persons who enter information in the Single centralized database are insurers, MTSBU, and also public authorities, other state bodies and organizations in the cases determined by the legislation.
Requirements to functioning of the single centralized database and the list of information containing in the single centralized database are established by the National Bank of Ukraine. MTSBU has the right to provide offers and notes to such requirements (the draft of such requirements) with reasons for need of their accounting. The National Bank of Ukraine considers offers and notes MTSBU within 30 days after their obtaining and reports MTSBU about their further accounting in the corresponding regulatory legal act or about variation (with reasons for variation).
The procedure for entering of information into the Single centralized database affirms MTSBU.
2. MTSBU for the purpose of provision of information access, containing in the Single centralized database, provides use of information resources of the Single centralized database according to the legislation.
Information containing in the Single centralized database is provided free of charge and according to procedure for access to it is divided into open information and information with limited access.
Data on availability or absence in the single centralized database of information about acting for required date (except future) the agreement of compulsory insurance of civil responsibility concerning the specific vehicle, the information about the insurer who signed the corresponding insurance contract, and also data on the conclusion of the contract of compulsory insurance of civil responsibility with the features determined by article 13 of this Law, and/or restriction concerning conditions of use of the secure vehicle belong to open information (for internal insurance contracts).
MTSBU provides possibility of continuous round-the-clock access of users to the open information containing in the Single centralized database on the Internet.
MTSBU provides possibility of obtaining by insurers and the National Bank of Ukraine of information (including with limited access) containing in the Single centralized database.
The list of information with limited access containing in the Single centralized database, and procedure for its provision are determined by MTSBU according to the law.
MTSBU provides information with limited access containing in the single centralized database on the written requirement of judicial bodies, bodies of prosecutor's office, bodies of inquiry and pretrial investigation and other public authorities (officials) in connection with implementation of the powers determined by the law by them.
3. MTSBU for the purpose of ensuring functioning of system of compulsory insurance of civil responsibility performs data processing, stored in the single centralized database, including personal data, without the consent of the subject of such data.
MTSBU shall provide storage of information on the agreement of compulsory insurance of civil responsibility in the Single centralized database at least seven years from the date of termination of the contract.
4. Financing of creation and functioning of the Single centralized database is performed from means of MTSBU.
The owner, the holder and the administrator of the single centralized database is MTSBU. MTSBU shall provide compliance of the single centralized database to procedure, the requirements and measures for ensuring information security established by the legislation.
5. MTSBU shall promulgate on the website summarized information on compulsory insurance of civil responsibility according to the list and according to the procedure, established by the National Bank of Ukraine.
1. Verification of presence of current agreements of compulsory insurance of civil responsibility is performed:
1) the relevant divisions of National police of Ukraine during implementation of regulation of traffic and control of observance of Traffic regulations by his participants and of legitimacy of operation of vehicles on street road net (including with use of the special technical means working in the automatic mode and in the mode of photographing, video), and also during document creation about road traffic offense and registrations of materials of the road accident;
2) bodies of the State Border Service of Ukraine in places of implementation of border control by them irrespective of accessory and place of registration of the vehicle;
3) officials of the central executive body, the state policy providing realization on safety issues on the land transport, when implementing measures of the state supervision (control).
Verification of presence of the agreement of the compulsory insurance of civil responsibility determined by article 6 of this Law is performed based on information containing in the Single centralized database.
2. In case of use of the vehicle registered in foreign state concerning which the internal insurance contract is not signed the competent evidence of availability of the international treaty of insurance is the insurance certificate existing in the territory of Ukraine "Green card" issued by the foreign insurer according to rules of the international system of automobile insurance "Green card". The driver of such vehicle shall show the specified certificate to officials of the bodies determined by part one of this Article for their requirement.
3. In case of entrance on the territory of Ukraine the transport driver, registered in foreign state, shall have for all term of stay of such vehicle in the territory of Ukraine the insurance certificate "Green card" issued by the foreign insurer according to rules of the international system of automobile insurance "Green card", or the internal insurance contract and show the document certifying availability of the agreement of compulsory insurance of civil responsibility existing in the territory of Ukraine, to officials of bodies of the State Border Service of Ukraine for their requirement.
In case of non-compliance with paragraph one of this part by the transport driver of requirements the omission by officials of the State Border Service of Ukraine of such vehicle on the territory of Ukraine is not performed.
4. In case of departure of the vehicle registered in Ukraine in state member of the international system of automobile insurance "Green card" the driver of such vehicle shall have the existing international treaty of insurance signed with the insurer - the complete member of MTSBU and "Green card", or the insurance policy certifying availability of the international treaty of the insurance operating in the territory of such foreign state certified by the appropriate insurance certificate and to show it to officials of bodies of the State Border Service of Ukraine for their requirement.
In case of non-compliance with paragraph one of this part by the transport driver of requirements the omission by officials of the State Border Service of Ukraine of such vehicle to state member of the international system of automobile insurance "Green card" is not performed.
1. The vehicle owner has option of the insurer for the conclusion of the agreement of compulsory insurance of civil responsibility.
2. The insurer cannot refuse to the vehicle owner the conclusion of the agreement of the compulsory insurance of civil responsibility which is rather belonging to such vehicle owner if other is not provided by the law.
3. Imposing of services of obligatory civil liability insurance of specific insurers is forbidden.
4. The conclusion of agreements of compulsory insurance of civil responsibility in venues of registration (re-registration) of vehicles, in places of execution of allowing documents, in places of control of availability of such agreements (insurance policies), except multimodal terminals and zones of field service before check points through frontier of Ukraine, is forbidden.
5. It is forbidden to require acquisition of any other services of the insurer as compulsory provision of the conclusion of the agreement of compulsory insurance of civil responsibility.
1. The agreement of compulsory insurance of civil responsibility is signed exclusively electronically with observance of requirements of the Civil code of Ukraine to written form of the transaction and requirements of this Law and created in electronic form with observance of requirements of the Laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" or according to the procedure, stipulated by the legislation about electronic commerce.
The insurance contract of civil responsibility is signed according to general terms of the insurance product corresponding to conditions of this law consists of general terms of insurance product and individual part of the agreement of compulsory insurance of civil responsibility. The insurance policy contains information conforming to requirements to individual part of the agreement and is the document certifying the conclusion of the insurance contract of civil responsibility.
2. Person who addressed for the conclusion of the agreement of compulsory insurance of civil responsibility provides to the insurer the information having essential value for assessment of insurance risk, and/or information on other circumstances considered in case of determination of the size of insurance premium under the agreement of compulsory insurance of civil responsibility, in shape and method, determined by the insurer.
The insurer shall post on the website the list of the data having essential value for assessment of insurance risk, and/or information on other circumstances considered in case of determination of the size of insurance premium under the agreement of compulsory insurance of civil responsibility.
If person addressed for the conclusion of the agreement of compulsory insurance of civil responsibility the insurance intermediary, the insurance intermediary shall inform him of the data provided by the paragraph the second this part.
3. The internal insurance contract becomes effective from date and time of the beginning of term of its action determined in such agreement, but not earlier than date and time of entering of record about such agreement into the single centralized database, and stops at 24 o'clock the date defined by such agreement as date of the termination of the duration of the agreement.
The international treaty of insurance becomes effective from 0 o'clock the start date of term of its action defined by such agreement, but not earlier than the beginning of days, the record about such agreement following after entering into the single centralized database, and stops at 24 o'clock the date defined by such agreement as date of the termination of the duration of the agreement.
The insurance coverage under the agreement of compulsory insurance of civil responsibility is effective during all duration of the agreement of insurance of civil responsibility.
The insurance premium is in full paid to or in case of the conclusion of the agreement of compulsory insurance of civil responsibility.
In case of payment of insurance premium in full the insurer shall bring in the Single centralized database according to the procedure, the established MTSBU, record about the agreement of compulsory insurance of civil responsibility to or in case of the conclusion of such agreement.
In case of failure to pay at the scheduled time or not in full insurance premium record in the Single centralized database about the agreement of compulsory insurance of civil responsibility is not made.
4. After the conclusion of the agreement of compulsory insurance of civil responsibility the insurer shall no later than date and time of the beginning of term of its action to direct (to provide) to the insurer the insurance policy by the method chosen as it the insurer from offered by the insurer, with use of the contact information specified by the insurer in case of the conclusion of the agreement.
5. In the insurance policy are surely specified:
1) agreement number of compulsory insurance of civil responsibility in the Single centralized database;
2) date and time of the beginning of action, duration of the agreement of compulsory insurance of civil responsibility;
3) information on the insurer and secure vehicle;
4) the name of the insurer, its location, including the postal address, phone number, the e-mail address for submission of written requirements and statements;
5) size of insurance premium;
6) size of insurance sum;
7) the reference to record about the agreement of compulsory insurance of civil responsibility in the Single centralized database about such agreement;
8) data on the conclusion of the contract of compulsory insurance of civil responsibility with the features determined by article 13 of this Law, and/or restriction concerning conditions of use of the secure vehicle (for internal insurance contracts);
9) the territory of validity of compulsory insurance of civil responsibility (for the international treaty of insurance);
10) other information which obligation of specifying is established by MTSBU.
After the conclusion of the international treaty of insurance the insurer shall no later than date and time of the beginning of term of its action also to send (to provide) to the insurer the insurance certificate "Green card".
The insurer shall provide upon the demand of the insurer gratuitously in paper form the form of the message on the road accident and the instruction for filling of such form.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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