PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 28, 2016 No. 574-P

About rules of obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object

Based on article 9 of the Federal Law of July 27, 2010 No. 225-FZ "About obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object" (The Russian Federation Code, 2010, No. 31, Art. 4194; 2011, No. 43, Art. 5971; 2013, No. 9, Art. 874; No. 30, Art. 4084; No. 52, Art. 7010; 2014, No. 45, Art. 6154; 2016, No. 11, Art. 1483; No. 22, Art. 3094; No. 26, of the Art. 3819) (further - the Federal Law "About Obligatory Civil Liability Insurance of the Owner of Dangerous Object for Damnification as a result of Accident on Dangerous Object") this Provision establishes rules of obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object.

Chapter 1. Procedure for the conclusion, change, prolongation, termination (termination) of the agreement of compulsory insurance, including the list of the documents necessary for implementation of the specified procedures

1.1. The agreement of obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object (further - compulsory insurance) consists by registration and issue to the insurer based on its written application of the insurance policy of compulsory insurance on paper, and upon the demand of persons specified regarding 1 article 4 of the Federal law "About Obligatory Civil Liability Insurance of the Owner of Dangerous Object for Damnification as a result of Accident on Dangerous Object" - by creation and the direction of the insurance policy of compulsory insurance by it in the form of the electronic document signed by the strengthened qualified digital signatures of the insurer and insurer including with use of the official site of the insurer in the Internet.

The insurance policy of compulsory insurance is drawn up on paper (it is constituted in the form of the electronic document) on sample according to appendix 1 to this Provision and handed on paper (goes in the form of the electronic document) by the insurer to the insurer after payment of insurance premium or the first insurance premium by it.

1.2. The insurance policy of compulsory insurance is the document of the strict reporting in case of its registration on paper.

1.3. For the conclusion of the agreement of compulsory insurance the insurer submits to the insurer the following documents:

the statement for compulsory insurance in form according to appendix 2, 3 or 4 to this Provision depending on type of dangerous object with appendices to it according to the procedure for determination of harm established by professional association of insurers which can be caused as a result of accident on dangerous object the greatest possible number of the victims and level of safety of dangerous object (further - procedure for determination of harm) which are presented to the insurer by the insurer in case of its address for the conclusion of the agreement of compulsory insurance;

the copy of the registration certificate of hazardous production facility in the state register of hazardous production facilities or the copy of the statement from the Russian register of hydraulic engineering constructions in accordance with the legislation of the Russian Federation about safety of hydraulic engineering constructions;

copies of the documents confirming the property right and (or) ownerships of dangerous object;

the copy of the accounting card of hazardous production facility in the state register of hazardous production facilities and the copy of the document containing the data characterizing hazardous production facility, prepared for registration of hazardous production facilities in the state register of hazardous production facilities in accordance with the legislation of the Russian Federation about industrial safety;

data on quantity and nature of the come insured events, about performed and about the forthcoming insurance payments considered and not settled requirements of the victims about insurance payments during operation of the specified agreement (further - data on compulsory insurance) - in case of the conclusion of the agreement of compulsory insurance for new term with other insurer in form according to appendix 5 to this Provision.

The documents provided by the paragraph third this Item are represented by insurers - owners of the hazardous production facilities which are subject to registration in the state register of hazardous production facilities in accordance with the legislation of the Russian Federation about industrial safety of hazardous production facilities or owners of the hydraulic engineering constructions which are subject to entering into the Russian register of hydraulic engineering constructions in accordance with the legislation of the Russian Federation about safety of hydraulic engineering constructions.

The documents provided by the paragraph the fourth this Item are represented only when implementing compulsory insurance concerning gas stations of liquid motor fuel, elevators, lift platforms for disabled people, escalators (except for escalators in the subways), passenger conveyors (moving walking paths). In other cases the insurer submits the specified documents upon the demand of the insurer.

The copy of the accounting card of hazardous production facility provided by the paragraph the fifth this Item in the state register of hazardous production facilities is submitted insurers - owners of the hazardous production facilities registered in the state register of hazardous production facilities till February 14, 2017.

1.4. In case of the conclusion of the agreement of compulsory insurance before registration of hazardous production facility the insurer together with the statement for compulsory insurance represents to the insurer the copy of the document containing the data characterizing hazardous production facility, prepared for registration of hazardous production facilities in the state register of hazardous production facilities in accordance with the legislation of the Russian Federation about industrial safety.

After state registration of hazardous production facility the insurer shall tell registration number of hazardous production facility within three working days to the insurer who based on the obtained data makes the corresponding record in the insurance policy of compulsory insurance, and also to submit to the insurer stipulated in Item 1.3 this provision documents, except for provided before registration of the hazardous production facility of the statement for compulsory insurance and the copy of the document containing the data characterizing hazardous production facility, prepared for registration of hazardous production facilities in the state register of hazardous production facilities in accordance with the legislation of the Russian Federation about industrial safety.

1.5. The insurance sum in case of the conclusion of the agreement of compulsory insurance is determined by each dangerous object.

For the hydraulic engineering constructions which are part of the complex of hydraulic engineering constructions (water-engineering system) created within single technical solution and which is carrying out single task, the insurance sum is determined by complex of hydraulic engineering constructions in general.

For less than 500 meters which are at distance from each other of the hazardous production facilities which are subject to declaring in case of total amount of the dangerous substance equal addressing on them or exceeding maximum permissible quantity, the insurance sum is determined proceeding from the data specified in the declaration of the industrial safety of hazardous production facilities constituted concerning complex of hazardous production facilities.

For the purpose of establishment in the agreement of compulsory insurance of the size of insurance sum the greatest possible number of the victims, to life or health of which harm as a result of accident on dangerous object can be done, it is determined according to the requirements for procedure for determination of harm established by professional association of insurers.

1.6. The statement for compulsory insurance is integral part of the insurance policy of compulsory insurance.

1.7. In case of the conclusion of the agreement of compulsory insurance of the party can perform the following actions.

1.7.1. The insurer can carry out at own expense expertize of dangerous object for the purpose of assessment of harm which can be caused as a result of accident on dangerous object, the greatest possible number of the victims and (or) level of safety of dangerous object, including with involvement of the specialized organizations and (or) specialists having the corresponding permission to its carrying out in accordance with the legislation of the Russian Federation. In this case the insurer shall assist in conducting the examination of dangerous object appointed by the insurer, including provide access for representatives of the insurer, the specialized organizations and (or) specialists to dangerous object and to submit necessary technical and other documentation.

1.7.2. According to Item 2 of part 1 of article 12 of the Federal law "About Obligatory Civil Liability Insurance of the Owner of Dangerous Object for Damnification as a result of Accident on Dangerous Object" the insurer has the right to request in writing from the federal executive body performing within the competence of function on control and supervision in the field of safety of the corresponding dangerous objects, the federal executive body authorized on the solution of tasks in the field of protection of the population and the territories against emergency situations of natural and technogenic nature, other public authorities and local government bodies within their competence and to receive from them data on accomplishment by the insurer of the regulations and service regulations of dangerous object established in accordance with the legislation of the Russian Federation.

1.7.3. The insurer has the right to demand from the insurer of explanation of conditions of compulsory insurance and carrying out consultations according to the conclusion of the agreement of compulsory insurance.

1.7.4. The insurer and the insurer perform other rights and obligations established respectively by articles 11 and 12 of the Federal law "About Obligatory Civil Liability Insurance of the Owner of Dangerous Object for Damnification as a result of Accident on Dangerous Object".

1.8. In case of damage or loss of the insurance policy of compulsory insurance during its action the insurer free of charge issues to the insurer based on the written application its duplicate.

1.9. The agreement of compulsory insurance becomes effective from the date of execution of obligation by the insurer on payment of insurance premium or the first insurance premium or from other compulsory insurance of day defined by the agreement provided that the insurance premium or the first insurance premium are paid about day of entry into force of the agreement of compulsory insurance.

For application of the coefficient of insurance rates depending on the level of safety of dangerous object including taking into account observance of requirements of technical and fire safety in case of operation of dangerous object, readiness for the prevention, localization and liquidation of the emergency situation which resulted from accident on dangerous object, the level of safety of dangerous object is determined according to procedure for determination of harm.

The insurance premium is subject to payment by lump sum payment in case of the conclusion of the agreement of compulsory insurance if other is not provided by the agreement of compulsory insurance. The agreement of compulsory insurance payment of insurance premium by installments can be provided by two equal payments, at the same time the second insurance premium shall be paid in time, not exceeding four months from the moment of payment of the first insurance premium, or equal quarter payments on condition of payment of each due installment not later than thirty calendar days before the end of the paid period.

Payment of insurance premium is performed by cash taking into account the restrictions set by the Instruction of the Bank of Russia of December 9, 2019 No. 5348-U "About rules of cash calculations", the registered Ministry of Justice of the Russian Federation on April 7, 2020 No. 57999, or via bank transfer. The obligation on payment of insurance premium (the due insurance premium) is considered performed from the date of cash receipt on the bank account or in cash desk of the insurer.

1.10. During validity of compulsory insurance the insurer shall report without delay to the insurer about the considerable changes in the circumstances reported the insurer in case of the conclusion of the agreement of compulsory insurance which became to it known (including in case of increase in harm which can be caused as a result of accident on dangerous object, and the greatest possible number of the victims) if these changes can significantly influence increase in insurance risk.

In any case changes in the data specified by the insurer in case of the conclusion of the agreement of compulsory insurance, the attracting change of essential terms of the contract of compulsory insurance and the size of insurance premium are considerable.

1.11. After receipt of information on increase in insurance risk the insurer has the right to demand change of terms of the contract of compulsory insurance or payment of additional insurance premium is proportional to increase in insurance risk. If the insurer objects to change of terms of the contract of compulsory insurance or payment of additional insurance premium, the insurer has the right to demand agreement cancelation of compulsory insurance according to the procedure, provided by the civil legislation of the Russian Federation. The agreement on agreement cancelation of compulsory insurance shall be signed in writing in the form of the separate document signed by the parties including, upon the demand of the insurer, in the form of the electronic document which signing is performed according to Item 3 (the this provision 1).8.

1.12. Early termination (termination) of the agreement of compulsory insurance does not stop obligations of the insurer to pay insurance indemnity on the insured events which came during validity of compulsory insurance. Also the obligation of the insurer on payment of insurance premium which execution by the time of termination of the contract of compulsory insurance is delayed does not stop.

1.13. In case of reduction of harm which can be caused as a result of accident on dangerous object, and the greatest possible number of the victims the insurer has the right to require change of terms of the contract of compulsory insurance, including reduction of the size of insurance premium is pro rata to reduction of insurance risk.

1.14. The insurer shall within thirty working days from the date of receipt of the requirement of the insurer about change of terms of the contract of compulsory insurance in connection with reduction of insurance risk, including reduction of the size of insurance premium, consider such requirement and draw up the changes made to the agreement of compulsory insurance or refuse in writing modification if the insurer does not confirm the fact of reduction of insurance risk.

1.15. Introduction of amendments to the agreement of compulsory insurance, attracting change of the size of insurance premium, is performed by entering of the corresponding record into the Section "Special Marks" of the insurance policy of compulsory insurance with indication of date and time of modification and assurance of changes by the signature of the representative of the insurer, seal of the insurer (in the presence) and issues of the renewed insurance policy of compulsory insurance the next working day after return by the insurer of earlier issued insurance policy of compulsory insurance. The insurance policy of compulsory insurance returned by the insurer is stored at the insurer together with the second copy of the renewed insurance policy of compulsory insurance. On the initial and renewed insurance policies of compulsory insurance the mark about renewal with indication of date of renewal and numbers of the initial and renewed insurance policy of compulsory insurance becomes.

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