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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

On September 3, 2009 No. P-361/2009

About consideration of the disputes following from the relations on insurance

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Izotko V. P., Podgrushi V. V., Ryabtsev L. M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P.

based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges

according to the procedure of realization of the right to introduction to the President of the Republic of Belarus, in chambers of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence of offers on need of entering into acts of the legislation of changes and (or) amendments, acceptance of new regulatory legal acts, and also other offers following from competence of the Constitutional Court

considered in judicial session the appeal of the organization concerning contradictory practice of general and economic courts on application of regulations of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530 "About insurance activity" (further - the Provision).

In the address which arrived in the Constitutional Court it is specified lack of unity of court practice of general and economic courts regarding collection from the insurer performing obligatory civil liability insurance of owners of vehicles, differences between the amount of insurance indemnity determined on the basis of calculation method and the amount of the actual expenses incurred by the victim on recovery of the vehicle and also regarding collection from the specified insurer of the amount of insurance coverage paid for benefit of the victim by the insurer performing compulsory insurance from labor accidents and occupational diseases.

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