On Introducing Changes And Additions Into The Law Of The Russian Federation "on The Organization Of Insurance Business In The Russian Federation" And Repealing Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "Об организации страхового дела в Российской Федерации" и признании утратившими силу некоторых законодательных актов Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation On Insurance Organization in the Russian Federation and Recognition of some Russian legislative acts adopted by the State Duma on November 19, 2003 class="ed"> (In the federal laws from 07.03.2005. N 12-FZ; dated 30.06.2007 N 119-FZ; of 29.11.2007 N 287-FZ; of 01.12.2007 N 306-FZ; of 25.12.2012 N 267-FZ; dated 23.07.2013 N 234-FZ) Article 1 Amend the Law of the Russian Federation of 27 November 1992 N 4015 -I " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 56; Legislative Assembly of the Russian Federation, 1998, No. 1, art. 4; 1999, N 47, sect. 5622; 2002, N 12, st. 1093; N 18, sect. 1721) the following changes and additions: 1) Articles 1, 2, 3, and 4 as follows: " Article 1. The relationships governed by this Law 1. This Law regulates the relations between persons engaged in activities in the sphere of insurance or with their participation, the relations in the exercise of State supervision over the activities of the subjects of the insurance business, as well as other relations, associated with the organization of the insurance business. 2. The relations referred to in paragraph 1 of this article shall also be governed by federal laws, presidential decrees and the decisions of the Government of the Russian Federation in accordance with this Act. In the cases provided for by this Act, the federal executive authorities may, within the limits of their competence, enact regulations. 3. For the purposes of this Act, federal laws and other regulatory legal acts referred to in paragraphs 1 and 2 of this article are part of the insurance legislation. 4. This Act applies to the relationship of compulsory insurance with respect to the establishment of a legal framework for the regulation of such relations. Article 2. Insurance and insurance (insurance case) 1. Insurance-relations to protect the interests of natural and legal persons, the Russian Federation, constituent entities of the Russian Federation and municipal entities in the event of certain insurance cases at the expense of the money funds formed by the insurers of insurance premiums, as well as from other means of insurance. 2. Insurance activity-insurance, reinsurance, mutual insurance and insurance brokers, insurance actuaries for the provision of insurance-related services with reinsurance. Article 3. Purpose and objectives of the organization of the insurance business. Forms Insurance 1. The purpose of the insurance business is to protect the property interests of natural and legal persons, the Russian Federation, the constituent entities of the Russian Federation and municipal entities when insured events occur. Insurance organization tasks are: { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } { \b } The economic security of citizens and economic entities in the territory of the Russian Federation. 2. Insurance is provided in the form of voluntary insurance and compulsory insurance. 3. Voluntary insurance is based on the insurance policy and insurance rules governing the general conditions and the manner in which it is to be implemented. The insurance rules are adopted and approved by the insurer or the association of insurers in accordance with the Civil Code of the Russian Federation and this Law and contain provisions on insurance subjects, insurance objects, Insurance claims, insurance premiums, insurance premium, insurance premium (insurance premiums), procedures for the conclusion, enforcement and termination of insurance contracts, rights and obligations of the parties, Determination of the extent of loss or damage, on the procedure for determining the insurance payment, Disclaimer and other provisions. 4. The conditions and procedures for the implementation of compulsory insurance are defined by federal laws on specific types of compulsory insurance. The federal law on a specific type of compulsory insurance should contain provisions defining: (a) insurance subjects; b) objects to be insured; in) the list of insurance cases; g) minimum size or order of the insurance; d) size, structure or order of the insurance tariff; e) duration and manner of payment of the insurance premium (s); f) insurance policy; z) size determination An insurance benefit; and) monitoring the implementation of insurance; to) the consequences of failure or improper performance of obligations by the insurance entities; L) other provisions. Article 4. Insurance objects 1. Personal insurance objects can be property interests linked to: 1) with a certain age or period of death, death, and other events in the life of citizens (life insurance); 2) c causing harm to life, health of citizens, provision of medical services to them (accident and sickness insurance, medical insurance). 2. Property insurance objects can be property interests related, inter alia, to: 1) the ownership, use and disposition of property (property insurance); 2) the obligation to pay for the other (c) Harm (liability insurance); 3) business (business risk insurance). 3. Insurance of unlawful interests, as well as interests which are not unlawful but insurance of which is prohibited by law, is not permitted. 4. Unless otherwise specified by federal law, insurance is allowed for objects belonging to different types of property and/or personal insurance (combined insurance). 5. OF THE PRESIDENT OF THE RUSSIAN FEDERATION This Law is Law Order. "; 2) to supplement Article 4-1 as follows: " Article 4-1. The members of the relationships governed by this Act 1. The members of the relationships governed by this Law are: 1) insured persons, insured persons, beneficiaries; 2) insurance organizations; 3) mutual insurance companies; 4) insurance. agents; 5) insurance brokers; 6) actuary actuaries; 7) Federal executive authority, whose competence is to exercise state supervision over the activities of the insurance business (hereinafter referred to as the insurance supervisory authority). 2. Insurance organizations, mutual insurance companies, insurance brokers and insurance actuaries are the subjects of the insurance business. The activities of the subjects of the insurance business are subject to licensing, with the exception of the activities of the insurance actuaries, which are subject to certification. The details of the subjects of the insurance case are to be entered into the single state register of the subjects of the insurance business in accordance with the procedure established by the insurance supervisory authority. 3. The name (trade name) of the subject of the insurance business-the legal entity should contain the words indicating the activity being carried out: "insurance", "reinsurance", "mutual insurance", "insurance broker" or derivative work. such words and phrases. The principal of the insurance business is not entitled to use a full or short name (trade name), which is repeated in part or in general, the name (s) of another subject of the insurance business. This provision does not apply to child and dependent entities of the subject of the insurance business. "; 3) in article 6: (a), paragraphs 1 and 2, amend to read: " 1. Insurers are legal persons established under the laws of the Russian Federation for the implementation of insurance, reinsurance, mutual insurance and licensed in accordance with the procedure established by this Law. 2. Insurers carry out insurance risk assessment, receive insurance premiums (insurance premiums), form insurance reserves, invest assets, determine the amount of loss or damage, make insurance payments, carry out other related the liability for an activity insurance contract. Insurers are entitled to carry out or only the insurance of personal insurance objects covered by article 4, paragraph 1, of this Law, or only to the insurance of property and personal insurance facilities, as provided for in the corresponding article. 2 (2) and 4 (1) (b) of this Law. "; b) in paragraph 3: , in the first paragraph of the first word" life insurance ", replace" insurance of the personal insurance covered by article 4, paragraph 1, subparagraph 1 of this Law "; to add a new paragraph to the second paragraph The following content: " For the purpose of this Act, foreign investors shall be recognized as foreign organizations entitled to carry out in the procedure and under the conditions set by the laws of the Russian Federation, investments in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a) " (...) (...) "replace the words" the insurance supervision authority "; the third paragraph is considered to be a fourth paragraph; paragraph 4 is considered to be the fifth paragraph and the words" of the federal executive supervisory authority for the insurance industry ". replace the words "the insurance supervision authority" with the second sentence to read: " The said prior authorization may not be denied to insurance organizations which are subsidiaries of the State party. to foreign investors (major organizations) or with a share of foreign investors in their authorized capital of more than 49 per cent or become so as a result of these transactions, if the size (quota) established by this paragraph is not exceeded when they are committed. "; paragraphs 5 and 6 respectively, paragraphs 6 and 7; in) (Spend force-Federal Law of 23 July 2013). N 234-FZ) 4) Articles 7 and 8 should read as follows: " Article 7. Mutual insurance society Legal and natural persons for the protection of their property interests may establish mutual insurance companies in the manner and under the conditions defined by the federal law on mutual insurance. Insurance. Article 8. Insurance agents and insurance brokers 1. Insurance agents are citizens of the Russian Federation who carry out their activities on the basis of a civil contract or Russian legal entities (commercial organizations) representing the insurer in relations with the insured person. The assignment of the insurer in accordance with the authority granted. 2. Insurance brokers are citizens of the Russian Federation, registered in accordance with the procedure established by law of the Russian Federation, as individual entrepreneurs, or by Russian legal entities (commercial organizations) representing the Russian Federation. Insurer in relations with the insurer on behalf of the insured or carrying out the mediation activities related to the provision of services related to the conclusion of insurance contracts or reinsurance contracts. The Insurance Brokers are entitled to perform other non-proscribed activities related to insurance, except for activities as insurance agent, insurer, reinsurer. Insurance brokers are not entitled to perform non-insurance-related activities. 3. The activities of insurance agents and insurance brokers for the provision of services related to the conclusion of insurance contracts (with the exception of reinsurance contracts) with foreign insurance organizations are not permitted in the territory of the Russian Federation. "; 5) (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) 6) the name of article 9 should read as follows: " Article 9. Insurance risk, insurance case "; 7) of articles 10, 11, 12, 13 and 14 as follows: " Article 10. Insurance amount and insurance benefit 1. The insurance sum is the sum of money which is fixed by the federal law and (or) defined by the insurance agreement and based on the amount of the insurance premium and the amount of the insurance premium upon the occurrence of insurance. occasion. 2. In the case of property insurance, the insured amount may not exceed its actual value (insured value) at the time the insurance contract was concluded. The parties may not contest the insurance value of the property as defined by the insurance policy unless the insurer proves that it was intentionally misled by the policyholder. When a personal insurance is performed, the insurance amount is fixed by the insurer by agreement with the policyholder. 3. The insurance payment is a monetary sum established by federal law and/or the insurance contract and paid by the insurer to the insured person, the beneficiary, and the beneficiary when the insurance event occurred. " Insurance payments under the insurance contracts shall be made in the currency of the Russian Federation, except as provided for in paragraph 4 of this article and by the laws of the Russian Federation on currency regulation and exchange control. 4. The terms of the property and/or civil liability insurance within the insurance amount may provide for the replacement of an insurance claim (insurance claim) with the provision of property similar to that lost. 5. In the event of loss, death of insured property, the beneficiary is entitled to waive his rights in favour of the insurer in order to obtain an insurance claim from the insurer in the amount of the full insured amount. 6. In the implementation of personal insurance, the insurance (insured) payment is made to the insurer or to the person entitled to the insurance payment (insured amount) under the insurance policy, regardless of the amounts due under other contracts. Insurance, as well as compulsory social insurance, social security and compensation. In the implementation of life insurance, the insurer may pay part of the investment income in addition to the insurance amount. 7. Upon termination of the life insurance agreement providing for the insured person's pre-defined age or the date or other event, the insured person shall return the amount within the established insurance policy. The reserve for the date of termination of the insurance contract (purchase amount). 8. Organizations and individual entrepreneurs are obliged to provide the insurers with their requests with documents and conclusions related to the occurrence of an insurance event and necessary to resolve the issue of insurance payment, in accordance with the law of the Russian Federation. Article 11. Insurance premium (premiums) and insurance tariff 1. The insurance premium (premiums) is paid by the policyholder in the currency of the Russian Federation, except in cases provided for by the legislation of the Russian Federation on foreign exchange control and currency control. 2. Insurance tariff-the rate of the insurance premium from the insurance amount, taking into account the object of insurance and the nature of insurance risk. The specific size of the insurance tariff is determined by the voluntary insurance agreement by agreement of the parties. Insurance rates by type of compulsory insurance are established in accordance with federal laws on specific types of compulsory insurance. Article 12. Insurance Insurance-insurance of the same insurance object by several insurers under one insurance contract. Article 13. Reinsurance 1. Reinsurance-the protection activities of one insurer (reinsurer) of property interests of another insurer (reinsurance) related to the most recent insurance contract (main contract) for the insurance payment. 2. The risk of an insurance premium under the life insurance contract of the insured person to a certain age or maturity or other event is not subject to reinsurance. 3. Insurers licensed to perform life insurance are not entitled to reinsurance the risk of property insurance accepted by the insurers. 4. The reinsurance is based on a reinsurance contract between the insurer and the reinsurer in accordance with the requirements of civil law. 5. In addition to the reinsurance agreement, other documents applicable to the customs of business may be used as a confirmation of the agreement between the policyholder and the reinsurer. Article 14. Insurance Actors ' Associations 1. The entities of the insurance business may form unions, associations and other associations to coordinate their activities and to present and protect the common interests of their members. 2. The information on the association of the insurance business entities is to be entered into the register of associations of subjects of the insurance case on the basis of copies of certificates of state registration of such associations and their certificates submitted to the insurance supervision authority. constituent instruments. "; 8), chapter I to supplement article 14-1 as follows: Article 14-1. Insurance pools Under a simple partnership agreement (a joint activity contract), the insurers can act together without the entity of a legal entity to ensure the financial sustainability of insurance transactions of certain types of insurance (insurance and reinsurance pools); 9), article 25 and 26, amend to read: Article 25. Financial Stability Clause Insurer 1. The insurance against the financial stability of the insurer is guaranteed by the economically justified insurance rates; insurance reserves sufficient to cover the obligations under the insurance, insurance, reinsurance, and mutual insurance contracts; Owed funds; reinsurance. (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) 2. Insurers ' own funds (with the exception of the mutual insurance companies, which provide insurance solely for their members) include charter capital, reserve capital, additional capital, and undistributed profits. 3. Insurers must have fully paid statutory capital, the size of which is not less than the minimum authorized capital established by this Law. The minimum size of the insurer's authorized capital is determined on the basis of the base amount of its authorized capital equivalent to RUB 30 million and the following coefficis: 1 for the implementation of insurance of objects, Article 4, paragraph 1, subparagraph 2, of this Law; 1, for the purpose of the insurance of facilities provided for under paragraph 1 (2) and (or) of article 4, paragraph 2, of this Law; 2 for the performance of insurance the facilities provided for in article 4, paragraph 1, paragraph 1, of this Law; 2-for the purpose of implementing the insurance of the facilities provided for in Article 4, paragraphs 1 and 2, of this Law; 4 for reinsurance, as well as insurance combined with reinsurance. The change in the minimum size of the insurer's authorized capital is permitted only by the federal law, not more than once every two years, with a mandatory transition period. The charter capital is not allowed to be borrowed and placed on bail. 4. Insurers are obliged to comply with the statutory and regulatory legal acts of the insurance supervisory authority of the claim of financial stability in terms of formation of insurance reserves, composition and structure of assets accepted for coating The insurance reserves, reinsurance quotas, the regulatory ratio of the insurer's own funds and the commitments made, the composition and the structure of the assets being taken to cover the insurance's own funds, as well as the issuance of bank guarantees. (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) Article 26. Insurance reserves 1. In order to ensure the fulfillment of insurance liabilities, reinsurance of the insurance company in accordance with the procedure established by the regulatory legal act of the insurance supervision body forms insurance reserves. 2. The insurance reserve funds are used exclusively for insurance payments. 3. Insurance reserves are not subject to seizure in the federal budget and budgets of other levels of the Russian budget system. 4. Insurers have the right to invest and otherwise place the funds of insurance reserves in accordance with the procedure established by the regulatory legal act of the insurance supervisory authority. The allocation of insurance reserves should be subject to diversification, return, profitability and liquidity. 5. In the insurance of personal insurance objects under paragraph 1 (1) of this Law, the insurer is entitled to provide the insured person with a loan within the limits of the insurance reserve formed by the contract insurance for a period of not less than five years. 6. The insurance company is entitled to form a fund for preventive measures in order to finance the prevention of insurance events. "; 10), article 28 and 29, as follows:" Article 28. Accounting and reporting 1. Insurers maintain accounting, accounting and statistical reporting in accordance with the Chart of Accounts, accounting rules, accounting and reporting forms approved by the insurance supervisory authority in accordance with Legislation. 2. The recording of insurance transactions for personal insurance objects under paragraph 1 (1) of Article 4 of this Law and the recording of insurance transactions of other insurance objects shall be taken separately. (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) Article 29. Publication by insurers of the annual accounts reports 1. Insurers shall publish annual accounting reports in the order and in time, which are established by the regulatory legal acts of the Russian Federation, after confirming the accuracy of the information contained in these reports. 2. The publication of annual accounts should be carried out in the media, including in the territory where the insurer is operating. The information about the publication is communicated by the insurer to the insurance supervisory authority. "; 11) in the title of Chapter IV, the words" insurance activity "shall be replaced by the words" activities of the subjects of the insurance business "; 12), article 30, , to read: " Article 30. State supervision of the activities of the entities Insurance case 1. State supervision of the activities of the entities of the insurance business (hereinafter-the insurance supervision) shall be carried out in order to comply with the insurance legislation, to prevent and suppress violations by the participants in the relations governed by this Law; Insurance legislation, protection of the rights and legitimate interests of insured persons, other interested persons and the state, effective development of insurance business. 2. The principles of legality, transparency and organizational unity are the subject of oversight. 3. Insurance supervision is carried out by the insurance supervisory body and its territorial bodies. Regulatory legal acts adopted by the insurance supervisory body, clarification by the insurance supervisory body of the provisions of the insurance legislation, the single state register of the subjects of the insurance business, the register of associations of subjects Insurance, information on suspension or limitation of licence, revocation of license (exclusion of information on insurance entities from the single state register of insurance entities) and other information on issues insurance supervision is to be published in a printed organ designated by the authority Insurance supervision. 4. The insurance supervision includes: 1) the licensing of the activities of the entities of the insurance business, the certification of insurance actuaries and the maintenance of a single state register of the entities of the insurance business, the register of associations of the entities of the insurance business; (2) monitoring compliance with the insurance legislation, including by conducting on-site inspections of the activity of the subjects of the insurance case, and the reliability of their reporting, as well as the insurance of their insurance. financial sustainability and capacity to pay; 3) extradition in within 30 days in the cases stipulated in this Law to increase the authorized capital of insurance organizations at the expense of foreign investors, to commit transactions involving foreign investors in the alienation of shares (share in authorized capital) of insurance organizations, opening of representative offices of foreign insurance, reinsurance, brokerings and other organizations engaged in activity in the sphere of insurance business, as well as opening of branches of insurers with investment; 4) development and approval in In accordance with this Law, the legal and methodological documents on the activity of the subjects of the insurance case; 5) ensuring, in accordance with the established procedure, the implementation of a single state policy in the sphere of insurance business. 5. The subjects of the insurance business are obliged: to provide an established accounting of their activities, information about their financial position; to comply with the requirements of the insurance law and to comply with the requirements of the insurance body. Supervision of the elimination of violations of insurance legislation; , upon request of the insurance supervisory authority, information necessary for the performance of the insurance supervision (except for information constituting bank secrecy). "; 13) in article 31 of the words " by the State Committee The Russian Federation for Antimonopoly Policy and Support to New Economic Struct "replace the words" by the Federal Anti-Monopoly Body "; 14) with the following wording: " Article 32. Licensing the activity of an insurer case 1. Licensing of the activities of the persons in the insurance business is carried out on the basis of their applications and documents submitted in accordance with this Law. A license for insurance, reinsurance, mutual insurance, insurance broker activity (hereinafter-the licence) is issued to the subjects of the insurance business. The right to carry out an activity in the sphere of an insurance business is granted only to the subject of the insurance business which has received a licence. 2. To obtain a licence for the implementation of a voluntary and/or compulsory insurance, the mutual insurance of the licence is represented in the insurance supervisory authority: 1) the application for a licence; 2) The founding documents of the license applicant; 3) a document on the State registration of the license applicant as a legal entity; 4) the minutes of the meeting of the founders ' assembly approving the constituent documents of the applicant Licenses and approvals for a single executive body, Head (s) of the collegiating executive body of the license applicant; 5) information on the composition of shareholders (participants); 6) documents confirming the payment of the authorized capital in full; 7) Documents on the State registration of legal entities who are the founders of the insurance case, the audit opinion on the reliability of their financial statements for the last reporting period, if such persons are required to audit; 8) the details of the Single Executive Body; Chief (s) of the collegiating executive body, chief accountant, head of the audit committee (auditor) of the licence; 9) insurance actuary information; 10) Insurance provided by this Law, with sample application of documents used; 11) calculation of insurance fares with application of actuarial calculations used and indication of the source of the source data as well as the structure rates; 12) insurance clause (c) Economic justification for the implementation of the types of insurance. 3. In order to obtain a licence for the implementation of the additional types of voluntary and (or) compulsory insurance, mutual insurance, the licence applicant shall submit to the insurance supervisory authority the documents provided for in the Convention. 1, 10 to 13 of paragraph 2 of this article. 4. The reinsurance licences are not subject to subparagraphs 9, 10 (part of the submission of insurance rules by type of insurance), 11 in paragraph 2 of this article (with the exception of the sample documents used in the reinsurance). 5. In order to obtain a license for the performance of insurance brokerability, the licence applicant is a member of the insurance supervisory authority: 1) the application for a licence; 2) a document on state registration licensed as a legal entity or individual entreprene; 3) founding documents of the legal entity; 4) model treaties required for the performance of insurance brokers; Activity; 5) Qualification documents Employees of insurance broker and qualification of insurance broker-individual entrepreneor. 6. The documents referred to in paragraphs 2, 3, 6 and 7 (in the State registration documents) of paragraph 2, paragraphs 2 and 3 of paragraph 5 of this article shall be submitted in the form of notarized copies. The statement and documents referred to in paragraphs 5, 8, 9 and 13 of paragraph 2, paragraph 5, subparagraph 4, of this article shall be submitted in accordance with the procedure established by the insurance supervisory authority. 7. Licenses that are subsidiary to foreign investors (main organizations) or foreign investors in their authorized capital of more than 49 per cent, in addition to the documents referred to in paragraph 2 This article shall be submitted in accordance with the procedure provided for by the law of the host country of foreign investors, consent in writing of the appropriate supervisory authority of the country of the place of stay for participation. Foreign investors in the statutory capital of insurance organizations established on OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. The lists of documents submitted by licences to obtain licences in this article are exhaustive. In order to verify the information received, the insurance supervisory authority has the right to submit written requests to the organization to provide (within their competence) information concerning documents submitted by the applicant in accordance with THE RUSSIAN FEDERATION 9. When all documents referred to in this article are submitted in due form, the insurance supervisory authority shall issue a notice to the applicant in writing on the receipt of documents. 10. Changes made to the documents listed as a basis for obtaining a licence under subparagraphs 2, 3, 5, 6, 7 (in the State registration documents), 8-13, paragraphs 2, 3, 4 and 5 of paragraph 5 of this article, the insurers shall be obliged to report in writing to the insurance supervisory authority and simultaneously submit documents confirming these changes within 30 days from the date of these changes. 11. The issuance of a licence or refusal of a licence is granted by the insurance supervisory authority within a period not exceeding 60 days from the date of receipt by the insurance supervision authority of all documents referred to in this article for receipt License applicant for a license. The decision of the insurance supervisory authority is obliged to inform the applicant of the license within five working days from the date of the decision. 12. The documents submitted by the subjects of the insurance business to the insurance supervisory authority should be drafted in Russian. "; 15) to be supplemented by articles 32-1-32-9, as follows: " Article 32-1. Qualification and other requirements 1. Heads (including the sole executive body) of the subject of the insurance business-the legal entity or the subject of the insurance business-the individual entrepreneor is obliged to have higher economic or financial education, confirmed A document on the higher economic or financial education recognized in the Russian Federation, as well as the length of service in the insurance and/or financial sector of at least two years. 2. The chief accountant of the insurer must have higher economic or financial education, confirmed by the document on the higher economic or financial entity recognized in the Russian Federation, as well as the length of service in the field of occupation Two years in insurance, reinsurance organization and/or brokerage organizations registered in the territory of the Russian Federation. 3. The chief accountant of the insurance broker should have at least two years ' experience in the field of work. 4. The insurance actuary must have a higher mathematical (technical) or economic education, confirmed by a document on the highest mathematical (technical) or economic entity recognized in the Russian Federation, as well as Qualification in the field of actuarial calculations. 5. The leaders (including the sole executive body) and the chief accountant of the subject of the insurance business-the legal entity should have the citizenship of the Russian Federation. Article 32-2. The license fee 1. A license fee of 4,000 rubles will be charged for the issue of the license. 2. For the issuance of a duplicate license, a fee of one thousand rubles will be charged. 3. The amounts of the payments referred to in this article shall be credited to the federal budget. Article 32-3. Reasons to deny a license applicant license 1. The grounds for denying the license to the license are: 1) the use of a license applicant by a legal person who has applied to the insurance supervisory authority for a licence, full or short name (signature) (a) The name of the person in the insurance business. This provision does not apply to child and dependent entities of the insurance business entities; (2) the existence of a licence to the applicant at the date of application for additional types of voluntary and (or) compulsory insurance, mutual insurance of the uncorrected violation of insurance legislation; 3) nonconformity of documents submitted by the applicant for a licence to obtain a licence, the requirements of this Act and the regulatory framework The law of the insurance supervisory authority; 4) the non-conformity constituent instruments of the Russian legislation; 5) availability of false information in documents submitted by the applicant; 6) availability of managers (including one the executive body) or the chief accountant of the licence of the uncollected or expuned criminal record; 7)(Spent out-Federal Law dated 25.12.2012 N 267-FZ ) 8) the existence of an unfulfilled requirement of an insurance supervisory authority; 9) insolvency (bankruptcy) (including intentional or fictitious bankruptcy) of the subject of the insurance business-the legal person by Wine of the founder of the license applicant. 2. The decision of the insurance supervisory authority to refuse a licence shall be sent to the applicant in writing within five working days of the date of the decision, giving reasons for refusal. The decision to refuse a licence must contain grounds for refusal to make a mandatory reference to the violations committed and must be taken not later than the period laid down in this Law. The decision to refuse a license is issued to the applicant for the notice of the award. Article 32-4. Cancellation of a license Revocation of a license or cancellation of a license is granted in the case of: failure by the applicant to obtain a licence to obtain a licence within two months from the date of the notification of the licence. Licenses; to establish before the time the license is issued the fact of the submission of a false information by the applicant. Article 32-5. License action 1. The licence shall be granted without limitation of the duration of the licence, except in the cases specified in this Act. 2. A temporary license may be issued for a period of time: specified in the license applicant's application, but not more than three years; from one to three years if no information is available to reliably assess insurance risks, The rules of insurance provided by the licensing system and in cases covered by insurance legislation. (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) (Unused-Federal Law of 23.07.2013 N 234-FZ) Article 32-6. A limitation or suspension of a license 1. In the case of violation of insurance legislation, the insurance supervisory authority is ordered to eliminate the violation (hereinafter referred to as a requirement). 2. The order is given in the case of: 1) by the subject of the insurer of the activity prohibited by the law, as well as activities in violation of the conditions established for the issuance of the licence; 2) by the insurer insurance legislation for the formation and placement of insurance reserves, other to guarantee insurance payments of funds; (3) failure of the insurer to comply with established requirements for the provision of a standard ratio liabilities, assets and liabilities Ensure financial sustainability and solvency; 4) the violation by an insurance company of the established requirements for the submission to the insurance supervisory authority and (or) its territorial body of the established reporting; 5) failure to submit the insurance case within the prescribed period of documents requested in the exercise of the insurance supervision within the competence of the insurance supervisory authority; 6) to establish the facts of the submission by the entity Insurance case to the insurance supervisory authority and/or its territorial authority Incomplete and (or) non-reliable information; 7) failure to submit an insurance case within the prescribed time limit to the insurance supervisory authority for information on changes and additions to the documents referred to in article 32, paragraph 10 of this Act (with the annex of documents confirming such modifications and additions). 3. The order is sent to the subject of the insurance case and copies of the order are sent to the relevant executive authorities if necessary. The subject of the insurance case, within the prescribed period, submits documents confirming the elimination of the detected violations to the insurance supervisory body. These documents should be reviewed within 30 days of receipt of all documents confirming the full compliance. The submission by the subject of the insurance business within the established period of the documents confirming the elimination of the detected breaches is a ground for recognition of the preceped order. The removal of the order is reported to the subject of the insurance business within five working days from the date of such decision. The subsequent submission by the subject of the insurance case of documents containing false information is a ground for recognition of this preceptor. 4. In the event of failure to execute the order properly or within the prescribed period, and in the event of failure of the subject of the insurance business to obtain the order, the licence shall be limited or suspended in the manner determined by the authority. Insurance supervision. 5. A license restriction means a ban on certain types of insurance, mutual insurance, and reinsurance. 6. Suspension of a licence means: prohibition of all types of insurance, mutual insurance, and reinsurance-for insurers; suspension of activities to which a licence is issued-for insurance brokers. 7. The licence shall be restricted or suspended from the date of publication in the printed organ designated by the insurance supervisory authority, the decision on the restriction or the suspension of the licence. 8. If necessary, a copy of the decision on the restriction or suspension of the licence shall be sent to the appropriate authority of the executive branch. Article 32-7. Resuming the license 1. The renewal of the licence after its restriction or suspension shall mean reinstatement of the right of the subject of the insurance to carry out the activities for which the licence has been issued in full. 2. The grounds for lifting the measures set out in paragraphs 5 and 6 of article 32-6 of this Law are the removal of the identified violations by the subject of the insurance in due time and in full. 3. The decision to renew the licence shall enter into force on the date of its adoption and shall be communicated to the subject of the insurance and other persons concerned within 15 days of the date of the decision. The decision to renew the licence is published in the press organ determined by the insurance supervisory authority. Article 32-8. Discontinuation of an insurer's activity or its liquidation 1. The grounds for termination of the activity of the subject of the insurance business are his application, the court's decision, the decision of the insurance supervisory authority to revoke the license. 2. The licence is revoked if the subject of the insurance offence of the insurance legislation that is the basis for the restriction or suspension of the licence is not fixed, and in the event that the subject of the insurance business is not has commenced operations within 12 months from the date of receipt of the licence or does not implement it. The decision to withdraw the license is sent to the subject of the insurance business. If necessary, copies of such a decision shall be transmitted to the relevant executive authorities. The license action stops from the day of the publication of the decision to revoke the license in the printed body designated by the insurance supervisory authority. 3. The subject of the insurance business, against whom the decision to withdraw the licence has been taken, is obliged to take a decision in accordance with the legislation of the Russian Federation to terminate its activities or to liquidate it and submit it to the organ of insurance. Supervision in the order of this body: 1) proof of termination; 2) accounting records with a stamp of the tax authority; 3) proof of settlement claims of creditors, including insured persons, insured persons, (...) (...) 4. The right of the subject of the insurance business to carry out activities shall cease from the day of publication in the media of the decision to revoke the licence. 5. The application for the issuance of a licence to a legal person, the founders, leaders or shareholders of which were found guilty of the liquidation of the subject of the insurance case on the grounds referred to in this article may be considered by the insurance supervisory authority earlier than two years from the date of liquidation of the said principal of the insurance business. 6. In the event of failure by the subject of insurance to comply with the requirements of paragraph 3 of this article, the insurance supervisory authority may apply to the court for the liquidation of the subject of the insurance business-the entity or the termination of the subject of the insurance case- A person's activity as an individual entrepreneor. Article 32-9. Classification of types of insurance 1. The license issued to the insurer shall specify the following types of insurance: 1) life insurance in case of death, pre-defined age or date or other event; 2) pension insurance; 3) life insurance with periodic insurance payments (rent, annuities) and (or) insured person in the insurer's investment income; 4) accident and sickness insurance; 5) health insurance; 6) insurance means of inland transport (excluding rail transport); (7) railway insurance; 8) air insurance; 9) water insurance transport; 10) cargo insurance; 11) agricultural insurance (crop insurance, crops, perennial crops, animals); 12) insurance of property of legal persons, excluding vehicles and insurance; 13) property insurance, excluding vehicles; 14) civil liability insurance of vehicle owners; (15) liability insurance Owners of air assets; 16) civil liability insurance of water transport owners; 17) insurance of civil liability of railway owners; 18) Liability insurance organizations that operate hazardous installations; 19) liability insurance for harm caused by defects in goods, works, services; 20) liability insurance for causing harm third parties; (21) civil liability insurance for non-performance or improper performance of the obligations under the contract; 22) business risk insurance; 23) financial risk insurance. 2. In order to obtain a licence, the insurers shall submit to the insurance supervisory authority the insurance rules that may be assigned to the types of insurance covered by paragraph 1 of this article. (Spconsumed by Federal Law of 23.07.2013) N 234-FZ) 16) Article 33 should read as follows: " Article 33. Adherence to commercial and other legally protected secrets by officials of the insurance Supervision Authority officials of the insurance supervisory authority are not entitled to disclose in any form the information that makes up the law A commercial and other secret of the subject of the insurance business, except as provided by the law of the Russian Federation. "; 17), article 35 should read as follows:" Article 35. Disputes relating to insurance, as well as acts of the insurance supervisory authority and its officials, are settled by a court, arbitral tribunal or arbitral tribunal in accordance with their competence. ". Article 2 1. Insurance organizations established prior to the entry into force of this Federal Law are obliged to form their charter capital in accordance with the requirements laid down in Article 25 of the Russian Federation's Law N 4015 -I " On the organization of the insurance business in the Russian Federation ", taking into account the changes and additions made to it by this Federal Law. , the following order: before July 1, 2004-up to one-third of the installed size of the authorized capital; before July 1, 2006-up to two thirds of the authorized capital; until July 1, 2007-the fixed size of the authorized capital. An insurance organization that has failed to comply with the requirements specified in this article, withdraws the licence from 1 July of the corresponding year. Until July 1 of the year following the relevant year, these insurance organizations are required to comply with the requirements of Articles 32 to 8 of the Law of the Russian Federation of 27 November 1992 No. 4015-I " On the organization insurance business in the Russian Federation ". In case of failure to comply with these requirements, the insurance supervisory authority is obliged to apply to the court for the liquidation of insurance organizations. (...) (...) N 12-FZ) 2. Insurance organizations having obligations under article 4, paragraph 1, article 4, paragraph 1, of the Russian Federation Act of 27 November 1992 No. 4015 -I " On the organization of the insurance business in OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of Change and Additions, obliged: class="ed">1) to be sent to the insurance supervision authority before 1 July 2007: a) notification in writing of the chosen specialization in accordance with article 6 of the Law of the Russian Federation of 27 November 1992 N 4015 -I " On The organization of the insurance business in the Russian Federation ", taking into account the changes and additions made to it by this Federal Law and a copy of the decision of the relevant authority of the insurance organization for the chosen specialization; b) Information in writing on the date of notification of the selected specialization of non-selected insurance contracts, namely: number of insurance contracts per type of insurance; the date and duration of each contract insurance; the size of the insurance amount for each insurance contract; the size of the insurance reserves for each type of insurance; 2) to fulfill obligations arising from insurance contracts by type of insurance, not related to the chosen specialization, including the production of insurance (3) The information in subparagraph (b) of paragraph 1 of this Part; 4) within 30 days from the date of expiration of all insurance contracts not belonging to the chosen specialization, to submit an application for appropriate changes to the licence in connection with the insurance supervision authority. completion of a craft. (Part in revision Federal Law of 30 June 2007 N 119-F) 2-1. The insurance organizations referred to in part 2 of this article and have failed to comply with the requirements of paragraph 1 of part 2 of this article, the insurance supervisory authority shall withdraw the licenses without a requirement. (Part added is the Federal Law of 30 June 2007). N 119-F) 2-2. As from 1 July 2007, the insurance organizations referred to in part 2 of this article are not entitled to enter into insurance contracts that do not belong to the chosen craft and to make insurance contracts by type of insurance, not related to the chosen specialization, changes that result in an increase in the liabilities of insurance organizations. (Part added is the Federal Law of 30 June 2007). N 119-FZ) 3. Insurance brokers are required to obtain licenses until July 1, 2007, the mutual insurance company-until July 1, 2008, insurance organizations-licenses for the implementation of reinsurance until July 1, 2007. (In the wording of the federal laws of June 30, 2007). N 119-FZ; of 29.11.2007 N 287-FZ) 4. The amendments to the constituent documents relating to the change of the name (trade name) of the subjects of the insurance business in order to avoid duplication should be made within 18 months from the date of the entry into force of this Federal Law. 5. (Spconsumed by force-Federal Law of 01.12.2007) N 306-FZ) 6. Insurers who carry out their activities under the insurance rules that can be included in the types of insurance covered by article 32-9, paragraph 1, of the Russian Federation Act N 4015 -I " On the organization of the insurance business in the Russian Federation ", taking into account the present Federal Law Supplements, within 18 Months from the date of entry into force of this Federal Act are required to be submitted to an insurance supervisory authority Applications for the replacement of license forms. Article 3 Recognize lapd: Article 5, paragraphs 2 and 3, article 9, paragraph 3, article 27 of the Russian Federation Act paragraphs 4 and 5 of the decree of the Supreme Soviet of the Russian Federation of 27 November 1992 No. 4016-I on the enactment of the Act OF THE PRESIDENT OF THE RUSSIAN FEDERATION 57). Article 4 1. This Federal Law shall enter into force at the expiration of thirty days from the date of its official publication, except for the following provisions: paragraph 4 of article 1, paragraph 5, of this Federal Act The insurance actuary entered into force on 1 July 2007; paragraph 12 of paragraph 2, paragraphs 3 and 5 of paragraph 5, paragraph 8, paragraph 12, of article 1, paragraph 6, of this Federal Act Qualifications of actuaries, the issuance of qualification certificates shall enter into force 1 July 2006. 2. Legal instruments are brought into conformity with this Federal Law within three months from the date of its entry into force. President of the Russian Federation Vladimir Putin Moscow, Kremlin 10 December 2003 N 172-FZ