CTP Insurance in the Legal Aspect: New Approaches and Prospects
( Pp. 175-181)

More about authors
Yulia S. Ovchinnikova
Institute of State and Law of the Russian Academy of Sciences (IGP RAS)
Moscow, Russian Federation
Abstract:
Abstract: The article notes the relevance to date of the problems of law enforcement in legal relations on civil liability insurance of vehicle owners. The author touches upon the economic and legal aspects of CTP. Judicial practice has been analyzed, gaps in legislation have been identified, and proposals for making appropriate changes have been made.
Conclusions. By its legal nature, the subjective right of choice granted by law to the victim, which consists in repairing the vehicle (despite non-compliance with the requirements) or in refusing to fulfill the insurance obligation in kind, is not an opportunity to choose the method of execution, which is understood as monetary or in-kind forms of insurance compensation. For this reason, the insurance obligation for this category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation) does not apply to alternative ones.
It is necessary to establish clear and exhaustive grounds in the legislation, which are exceptions to the general rule on the form of compensation in kind for a certain category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation).
The insurance obligation (we are talking, among other things, about CTP) and the legal relationship for compensation of damage in the part in which it is not covered by insurance compensation, are by their legal nature independent obligations.
How to Cite:
Yulia S.O., (2023), CTP INSURANCE IN THE LEGAL ASPECT: NEW APPROACHES AND PROSPECTS. Gaps in Russian Legislation, 2 => 175-181.
Reference list:
Lavrov A.M. Legal regulation of civil liability insurance of vehicle owners in the Russian Federation. Dissertation for the degree of Candidate of Legal Sciences. Moscow, 2004.
Chetyrus E.I. Insurance of civil liability for causing harm. Dissertation for the degree of Candidate of Legal Sciences. Moscow, 2015.
Baklanova L.D. Compulsory motor liability insurance in the conditions of its development in Russia. Abstract of the dissertation for the degree of Candidate of Economic Sciences. Moscow, 2006.
Problems of development and prospects of business law in modern economic conditions, edited by Doctor of Law, Professor S.S.Zankovsky M: Prospect, 2020, 653 p.
Kopylkova N. M. Legal aspects of compulsory insurance of civil liability of vehicle owners. Dissertation for the degree of Candidate of Legal Sciences. Moscow, 2006.
Sidorenko M.V. Legal certainty as a fundamental general legal idea: concept, essence, purpose //Bulletin of SUSU. Series «Law» 2016 Vol.16, No. 3, pp.45-51.
I. A. Pokrovsky. The main problems of civil law. Moscow: Statute, 2001., 353 p.
Mineev O. A. Specific features of tort obligations in Russian civil law //Bulletin of the Volgograd State University. Series 5. 2014. No.4(25).
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Keywords:
insurance, liability for causing harm, fulfillment of an obligation, contract, victim, policyholder..


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