THE RESOLUTION OF THE PLENUM OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of March 1, 2013 No. 4

About some questions of application by courts of the legislation in case of resolution of disputes on compensation of damage caused by source of enhanced danger

For the purpose of ensuring the correct and identical application by courts of the legislation governing the relations on compensation of damage caused by source of enhanced danger, being guided by article 36 of the Law of Ukraine "About judicial system and the status of judges", the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases decides to make to courts the following explanations:

1. Hearing of cases in the claims arising in case of compensation of damage caused by source of enhanced danger including taking into account the legislation on insurance shall be performed in strict accordance with the law and in the terms established for this purpose.

The relations on compensation of damage caused by source of enhanced danger which can be applied in case of the solution of cases are settled, in particular, by Articles 3, of 27, of 41, 68 Constitutions of Ukraine, the Civil code of Ukraine (further - group of companies), the laws of Ukraine of June 30, 1993 No. 3353-XII "About traffic"; of March 7, 1996 No. 85/96-BP "About insurance"; of July 1, 2004 No. 1961-IV "About compulsory insurance of civil responsibility of owners of land vehicles" (further - the Law No. 1961-IV); of July 5, 2011 No. 3565-VI "About modification of some legal acts of Ukraine concerning elimination of excessive state regulation in the field of motor transportations"; of January 18, 2001 No. 2245-III "About objects of the increased danger"; The traffic regulations of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2001 No. 1306; The Rules of voluntary insurance of vehicles (COMPREHENSIVE INSURANCE) approved by the Ukrstrakhnadzor on March 25, 1997 No. 19-1; the resolution of the Cabinet of Ministers of Ukraine of January 6, 2005 No. 5 "About approval of the maximum sizes of insurance payments under agreements of the international compulsory insurance of civil responsibility of owners of land vehicles"; the order of State commission on regulation of the markets of financial services of Ukraine of November 17, 2011 No. 698 "About approval of the maximum amount of insurance payment for the damage caused to property of the victims in case of document creation about the road accident without participation of representatives on that workers of the State traffic inspectorate of the Ministry of Internal Affairs of Ukraine" and other normative legal acts.

Provisions of the Section X of the Code of civil procedure of Ukraine (further - GPK), rules of international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, in particular to the Convention on the legal assistance and legal relations in civil, family and criminal cases concluded by state members of the Commonwealth of Independent States in Minsk on January 22, 1993, Agreements on compulsory insurance of passengers in case of the international motor transportations of January 13, 1999 are applied to the relations on compensation of damage with the assistance of foreign physical persons or legal entities; Conventions on the right which is applied to the road accidents, concluded on May 4, 1971 within the Hague conference on private international law; Directives No. 72/166/EEC of Council of the European Commonwealth of April 24, 1972 "Concerning rapprochement of the laws of state members concerning civil responsibility insurance of owners of vehicles and accomplishment of the obligation concerning insurance of such responsibility".

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