FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 2014 No. 223-FZ

About introduction of amendments to the Federal law "About Obligatory Civil Liability Insurance of Owners of Vehicles" and separate legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on July 4, 2014

Approved by Council of the Russian Federation on July 9, 2014

Article 1

Bring in the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (The Russian Federation Code, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005, No. 1, Art. 25; No. 30, Art. 3114; 2006, No. 48, Art. 4942; 2007, No. 1, Art. 29; No. 49, Art. 6067; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 9, Art. 1045; No. 52, Art. 6420, 6438; 2010, No. 6, Art. 565; No. 17, Art. 1988; 2011, No. 1, Art. 4; No. 7, Art. 901; No. 27, Art. 3881; No. 29, Art. 4291; No. 49, Art. 7040; 2012, No. 25, Art. 3268; No. 31, Art. 4319, 4320; 2013, No. 19, Art. 2331; No. 30, Art. 4084) following changes:

Preamble to add 1) with words ", and also the civil responsibility insurance of owners of vehicles performed in the territory of the Russian Federation within the international systems of civil responsibility insurance of owners of vehicles which participant is the professional association of insurers operating according to this Federal Law (further - the international systems of insurance)";

2) in Article 1:

a) the thirteenth and fourteenth to state paragraphs in the following edition:

"compensation payments - payments which are made according to this Federal Law in cases if insurance payment for the agreement of compulsory insurance or compensation to the insurer who performed direct indemnification according to the agreement on direct indemnification signed according to article 26.1 of this Federal Law on account of insurance payment cannot be performed;

the representative of the insurer in the subject of the Russian Federation (further - the representative of the insurer) - the separate division of the insurer (branch) in the subject of the Russian Federation which is carrying out in the limits of power of the insurer provided by the civil legislation on consideration of requirements of the victims about insurance payments and (or) direct indemnification, and also on their implementation or other insurer who joined the agreement on direct indemnification and carrying out based on the agreement of power signed with the insurer on consideration of requirements of the victims about insurance payments and on their implementation from name and at the expense of the insurer who insured the civil responsibility of person which did harm, and (or) powers on consideration of requirements about direct indemnification and on implementation of payments from name and at the expense of the insurer who insured the civil responsibility of the victim;";

b) add with paragraphs of the following content:

"the direction on repair - the document confirming the right of its vehicle which was injured on recovery repair at the service station chosen by the victim under approval of the insurer from among service stations with which the insurer signs the agreements establishing obligation of service station to perform recovery repair of the vehicle of the victim and obligation of the insurer to pay such repair on account of insurance payment;

settlement of the requirements arising in connection with insurance within the international systems of insurance - consideration of requirements of the victims, national associations of insurance companies of other countries and other participants of the international systems of insurance about insurance indemnity of the harm done as a result of the road accidents by owners of vehicles which responsibility is insured within the international systems of insurance, and if as a result of such consideration the decision on refusal, implementation of insurance payment, and also expense recovery to person or persons who according to this Federal Law, requirements of the international systems of insurance, rules of professional activity of professional association of insurers performed this insurance payment is not made.";

3) in Article 4:

a) in Item 3:

in the subitem "g" of the word "the civil responsibility of owners of vehicles whose member is the professional association of insurers operating according to this Federal Law (further - the international systems of insurance)" to exclude;

add with the subitem "e" of the following content:

"e) the vehicles which do not have wheel propellers (vehicles in which design caterpillar, semi-caterpillar, sled and other not wheel propellers are used), and trail cars to them.";

b) the paragraph one of Item 6 to add with the offer of the following content: "At the same time the harm done to life or health of the victims is subject to compensation in sizes at least than the sizes determined according to article 12 of this Federal Law and by rules of the specified Article.";

c) add with Item 7 of the following content:

"7. The obligation on civil responsibility insurance of owners of the trail cars to vehicles except for belonging to citizens of trail cars to cars is performed by means of the conclusion of the agreement of the compulsory insurance providing possibility of vehicle control with trail car to it information on what is entered in the insurance policy of compulsory insurance.";

The subitem "g" of Item 2 of article 5 after the word to "compensation" to add 4) with the word "insurer";

The subitem "l" of Item 2 of Article 6 to declare 5) invalid;

6) in Article 7:

a) in the subitem "an" of the word "no more than 160 thousand rubles" shall be replaced with words "500 thousand rubles";

b) in the subitem "b" of the word "several victims, no more than 160 thousand rubles" shall be replaced with words "each victim, 400 thousand rubles";

c) declare the subitem "v" invalid;

Article 8 to state 7) in the following edition:

"Article 8. Regulation of insurance rates on compulsory insurance

1. Regulation of insurance rates on compulsory insurance is performed by means of establishment by the Bank of Russia according to this Federal Law actuarially (economically) reasonable extreme sizes of base rates of insurance rates (their minimum and maximum values expressed in rubles) and coefficients of insurance rates, requirements to structure of insurance rates, and also procedure for their application by insurers in case of determination of insurance premium under the agreement of compulsory insurance.

The share of insurance premium which is directly intended for implementation of insurance and compensation payments cannot be less than 80 percent of insurance premium.

2. Insurance rates on compulsory insurance and structure of insurance rates are determined by insurers taking into account the requirements established by the Bank of Russia according to Item 1 of this Article.

3. Effective period of the established insurance rates cannot be less than one year.

Change of insurance rates does not involve change of the insurance premium paid by the insurer for the insurance rates operating at the time of payment, for the agreement of compulsory insurance during the term of its action. If according to rules of compulsory insurance the insurer has the right to demand from the insurer of payment of additional insurance premium in proportion to increase in risk, the size of in addition paid insurance premium is determined by the insurance rates operating at the time of its payment.

4. Total or partial compensations to separate categories of insurers to the paid or subject payment of insurance premiums by them due to increase in insurance rates for other categories of insurers are not allowed.

5. Annual statistical data about compulsory insurance, including data on the size of collected insurance premiums and on the performed insurance payments, on quantity of the declared and settled insured events, on the level of insurance payments for the Russian Federation and on subjects of the Russian Federation, and also on loss ratio of compulsory insurance are subject to official publication by the Bank of Russia.";

8) in Article 9:

a) in paragraph one of Item 1 of the word "as work of base rates and coefficients of insurance rates" shall be replaced with words "insurers as the work of base rates and coefficients of insurance rates according to the procedure for application by insurers of insurance rates on compulsory insurance in case of determination of insurance premium under the agreement of compulsory insurance established by the Bank of Russia according to article 8 of this Federal Law";

b) in Item 2:

in the subitem "an" of the word "for legal entities-in vehicle place of registration" shall be replaced with words "for legal entities, their branches or representations - in the location of the legal entity, its branch or representation specified in the constituent document of the legal entity";

add with the subitem "century 1" the following content:

"century 1) availability in the agreement of compulsory insurance of the condition providing possibility of vehicle control with trail car to it;";

c) in Item 5 of the word "base rates and coefficients" shall be replaced with words "base rates and (or) coefficients";

d) state Item 6 in the following edition:

"6. Insurers have no right to apply the base rates, coefficients of insurance rates, structure of insurance rates which are not conforming to the requirements established by the Bank of Russia according to article 8 of this Federal Law. The insurance rates established according to this Federal Law are obligatory for application by insurers concerning each insurer.

Control of correctness of calculation by insurers of insurance premiums for agreements of compulsory insurance is exercised by the Bank of Russia.";

Article 10 to add 9) with item 4 of the following content:

"4. In case of early termination of the agreement of compulsory insurance in the cases provided by rules of compulsory insurance, the insurer returns to the insurer part of insurance premium in the amount of the share of the insurance premium intended for implementation of insurance payments and falling on the unexpired duration of the agreement of compulsory insurance or unexpired term of seasonal use of the vehicle.";

10) in Article 11:

a) add Item 3 with the words "and in the terms established by rules of compulsory insurance to direct to the insurer the application for insurance payment and the documents provided by rules of compulsory insurance";

b) state item 4 in the following edition:

"4. In case of damnification of life of the provision of this Federal Law which was injured as a result of the road accident, concerning the victims, are applied to persons who according to this Federal Law have the right to indemnification in case of the death of the victim (beneficiaries).";

c) in Item 5 of the word "stipulated in Item the 8th this Article" shall be replaced with words "the stipulated in Article 11.1 presents of the Federal Law";

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