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On Amendments To The Federal Law "on Compulsory Insurance Of Civil Liability Of Vehicle Owners"

Original Language Title: О внесении изменений в Федеральный закон "Об обязательном страховании гражданской ответственности владельцев транспортных средств"

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RUSSIAN FEDERATION FEDERAL LAW About making changes to the Federal Law on Mandatory Civil Liability of Owners of Vehicles " Adopted by the State Duma on June 10, 2016 Approved by the Federation Council on June 15, 2016 Article 1 Amend the federal law dated April 25, 2002, No. 40-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1720; 2005, No. 30, sect. 3114; 2007, No. 1, est. 29; No. 49, sect. 6067; 2008, No. 30, est. 3616; 2009, No. 9, sect. 1045; No. 52, sect. 6438; 2010, No. 6, sect. 565; No. 17, sect. 1988; 2011, No. 1, Article 4; No. 7, sect. 901; No. 27, sect. 3881; No. 29, sect. 4291; No. 49, sect. 7040; 2012, No. 31, sect. 4319, 4320; 2013, No. 30, sect. 4084; 2014, No. 30, sect. 4224; 2015, No. 48, sect. 6715) The following changes: 1) the first paragraph of Article 8, paragraph 3, should read: " 3. The Bank of Russia limits the limits of the basic rates of insurance tariffs (their minimum and maximum values in rubles) and the rates of insurance tariffs cannot be less than one year. "; (2) in paragraph 11 Article 12: (a) in the first paragraph of "the provision to the injured of damaged goods for inspection", replace the words " the receipt of an application for an insurance payment or direct compensation for loss with the attached documents provided for in the mandatory insurance rules, "; b) add to paragraphs , to read: " In case of failure to provide injured property or its residencies for the examination and (or) independent technical expertise, independent assessment (s) in the date agreed upon by the insurer, in accordance with paragraphs 1 and 2 of this paragraph, the victim is not free to arrange independent technical expertise or independent expertise (assessment) on the basis of the second paragraph of paragraph 13 of this article and the insurer Right to return without consideration the victim's application for insurance Payment or direct damages together with the documents required by the rules of compulsory insurance. The results of an independent, independent technical expertise, independent assessment (assessment) of damaged property or its residues are not accepted to determine the amount of the insurance benefit in the event that The victim did not submit the damaged property or its remains for the examination and (or) independent technical expertise, independent assessment (assessment) in the dates agreed upon by the insurer, in accordance with paragraphs 1 and 2 of this paragraph. If the insurer returns to the victim under the fourth paragraph of this paragraph, claims for payment or direct damages, together with the documents required by the compulsory insurance rules, The statutory time limits for the insurer to examine the damaged property or its remnants and/or to organize their independent technical expertise, independent review (assessment), and the time limits for the insurer's performance insurance or extradition to the victim for repair or In the case of a resubmission of an insurance payment or direct payment of damages, together with the documents required by the rules of the compulsory insurance, the submission of an insurance payment is calculated on the basis of a motivated resubmission to the insurance carrier insurance. "; 3) Article 14, paragraph 1, add to the following subparagraph: " (c) the insured person, when concluding the compulsory insurance contract in the form of an electronic document, has provided the insurer untrustable Details, which led to an unjustified decrease in the premium. "; 4) in article 15: (a) paragraph 4 should read: " 4. Under the agreement of the parties, the insured is entitled to submit copies of the documents necessary for the conclusion of the compulsory insurance contract. In the cases provided for in the compulsory insurance rules, the documents may be submitted in the form of electronic copies or electronic documents, or by obtaining access to the information contained in the documents by the insurers. The information contained in subparagraphs (b) and (e) of paragraph 3 of this article, through the exchange of information in electronic form with the relevant authorities and organizations, including through the use of a single system of inter-agency electronic communication. "; (b) Paragraph 2, paragraph 7, shall be declared invalid; c) paragraph 7-2 Amend the text as follows: " 7-2. The compulsory insurance contract may be drafted in the form of an electronic document, taking into account the features of this Federal Law. Insurer is obliged to ensure the possibility of concluding a compulsory insurance contract in the form of an electronic document with every person making a declaration of compulsory insurance in the form of electronic insurance. of the Convention on the Rights of the Child). In case the policyholder has expressed a desire to conclude a contract of compulsory insurance in the form of an electronic document, the contract of compulsory insurance must be concluded by the insurer in the form of an electronic document taking into account the requirements, Federal Act No. 115 of 7 August 2001 on countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism. Create and guide the insurer's application for the conclusion of the compulsory insurance contract in the form of an electronic document is carried out with the use of the official website of the insurer in information and telecommunications Internet. The specified official website of the insurer can be used as an information system for the exchange of information in electronic form between the policyholder, the insurer that is the operator of this information. The system and the professional association of insurers, the operator of an automated information system of compulsory insurance established in accordance with article 30 of this Federal Law. A list of the information provided by the policyholder using the official website of the insurer in the Internet Information and Telecommunications Network (Internet) when making a declaration of compulsory insurance in the form of an electronic document, is defined by the rules of compulsory insurance. Access to the official website of the insurer in the Internet information and telecommunication network to perform the actions referred to in this paragraph may be made, including through the use of a single identification system, and The authentication or official site of the professional association of insurers in the information and telecommunication network Internet. In the event that the insurance of an insurer in the form of an electronic document of false information resulted in an unjustified decline in the insurance premium, the insurer is entitled to do so to bring a resaction claim in the amount of the insurance payment made to the insurer who has provided false information on the occurrence of the insured event and also to recover, in the prescribed manner, the amount of the amount, unreasonably preserved by the provision of false information, of the insured event. In the implementation of compulsory insurance, the application for compulsory insurance in the form of an electronic document addressed to the insurer and signed by simple electronic signature of the insured person-the natural person or The enhanced electronic signature of the policyholder, in accordance with the requirements of the Federal Act No. 63-FZ of 6 April 2011, is recognized as an electronic document equivalent to a document on a paper medium signed by a hand-written signature. Immediately after the insurance premium insured by the policyholder, the insurer guides the insurance policy in the form of an electronic document, which is created with the use of automated insurance The compulsory insurance information system, established in accordance with article 30 of this Federal Law, is signed by an enhanced qualified electronic signature of the insurer, subject to the requirements of the Federal Act of 6 April. The President of the General Assembly of the United Nations At the request of the insured person, the insurance policy, issued on the strict accounting form, may be issued to the insurer in the office of the insurer free of charge or sent to the insurer by mail. At the same time, the price by which the policyholder is paid for the service on the insurance policy form is shown separately from the insurance premium under the compulsory insurance contract. At the same time the insurer provides information on the conclusion of the compulsory insurance contract in the automated information system of compulsory insurance in the form of an insurance policy. created in accordance with article 30 of this Federal Law. "; 5), in the second paragraph of article 16, paragraph 1, replace the word" five "with the word" 10 "; (6), article 22, paragraph 1, should be supplemented with the following: " 1-1. Insurers, the professional association of insurers are obliged to ensure the continuity and continuity of their official websites in the Internet information and telecommunications network for the purpose of concluding contracts Insurance in the form of electronic documents, in accordance with the procedure established by Article 15, paragraph 7-2 of this Federal Law, in accordance with the requirements established by Bank of Russia regulations, including through the implementation of activities, the elimination of non-provision, inadequate provision of services The conclusion of such treaties as a result of the occurrence of unfavourable developments related to internal and external factors in the operation of information systems (hereinafter referred to as the risks of disruption of information systems). On the facts of the risks of disruption of the information systems of the insurers, the professional association of the insurers is obliged to inform the Bank of Russia in accordance with the procedure established in accordance with paragraph 1 (c) (c) of the article 26 of this Federal Law. "; 7) (c) of article 26, paragraph 1 (c), to be supplemented with the words", including ensuring the continuity and continuity of the functioning of its official websites in the Internet telecommunications network " the purpose of concluding contracts of compulsory insurance in the form of Electronic documents, including the issuance of insurance policy on the strict reporting form, and the procedure for informing the Bank of Russia about the occurrence of risks of disruption of information systems in accordance with paragraph 2 Article 22, paragraph 1 (1) of this Law "; 8) paragraph 1 of article 32, paragraph 1, after the words" compulsory insurance ", after" compulsory insurance " "Insurance in the form of an electronic document", the word "it" should be replaced by the words " "relevant document". Article 2 Paragraph 3 of article 1, paragraph 17 (b), of the Federal Act No. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 30, 100. 4224) to be declared invalid. Article 3 1. This Federal Law shall enter into force 10 days after the date of its official publication, except for those provisions for which this article establishes a different time frame for their entry into force. 2. Article 1, paragraph 1, of this Federal Law shall enter into force on 1 September 2016. 3. Paragraphs 3, 4, 6 and 7 of Article 1 of this Federal Law shall enter into force on 1 January 2017. 4. Article 16 (1) of Federal Act No. 40 of 25 April 2002 on compulsory insurance of civil liability " (as amended by the present Federal Law), the period of consideration of the victim's claim shall apply to the relations between the injured and the insurers arising from the traffic accidents that took place after the date of entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 June 2016 No. 214-FZ