Standardization of Insurance Liability Agreements for Civil Servants
( Pp. 180-185)

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Khatuntsev Oleg A. Dr. Sci. (Law), Professor of the Department of Civil and Business Law
Russian State Academy of Intellectual Property
Moscow, Russian Federation
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Abstract:
The article provides an analysis of a standard contract of compulsory state insurance of life and health of civil servants. In the course of the study, the author highlights the features of this contract, based on the norms of the current civil legislation. Before considering the actual elements and features of a compulsory state insurance contract, a description is given of the public service in the Russian Federation and its types, military, civil, etc. It is noted that the legislator singled out different public services into one group in terms of the implementation of state security, expressed in the implementation of compulsory state life and health insurance of persons serving in such departments. The article considers in detail the main elements of the contract of compulsory state insurance of life and health of civil servants. The subject composition of the contract is considered, in particular, the insurer for this type of insurance is a commercial corporate organization that meets the established requirements, expressed in the presence of a special permit (license), compliance with the requirements of the current legislation on state secrets, as well as experience in the field of personal insurance. As a result of the study of the elements of a standard contract of compulsory state insurance, the conclusion is formulated that under the contract of compulsory state insurance of life and health of civil servants, an insurance organization that has received a license in the prescribed manner, as well as won according to the results of the competition, undertakes for a certain fee paid from the funds of the state budget by the federal executive body, to pay a lump sum specified by law and the contract to the person specified in the law and the contract in the event of the occurrence of events specified in the law. Further, the article discusses certain features of compulsory state insurance of life and health of civil servants, in particular, it is concluded that such an agreement is consensual, reimbursable, mutual, aleatory, and is also concluded in favor of a third party.
How to Cite:
Khatuntsev O.A., (2022), STANDARDIZATION OF INSURANCE LIABILITY AGREEMENTS FOR CIVIL SERVANTS. Economic Problems and Legal Practice, 2: 180-185.
Reference list:
Civil Code of the Russian Federation (Part Two) datedJanuary 26, 1996 No. 14-FZ // Collection of Legislation of the Russian Federation. 1996. No. 5.Art. 410.
Commentary on the Civil Code of the Russian Federation (educational and practical) / ed. S.A. Stepanova. 5th ed., revised. and additional Moscow: Prospect; Ekaterinburg: Institute of Private Law, 2019. 1648 p.
Molchanov A.A. Civil law (general part): textbook. 2nd ed., rev. and additional Publishing House of St. Petersburg State University of the Ministry of Internal Affairs of Russia. St. Petersburg: LLC «R-KOPI», 2021.-356 p.
Molchanov A.A. Civil law (general part): educational visual aid. 2nd ed., revised. and additional-St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2020.-152 p.
Molchanov A.A. Civil law (special part): textbook. 2nd ed., rev. and additional Publishing House of St. Petersburg State University of the Ministry of Internal Affairs of Russia. St. Petersburg: LLC «R-KOPI», 2021.-496 p.
Molchanov A.A. Implementation of the norms of civil legislation governing the compulsory state insurance of life and health of police officers of the system of the Ministry of Internal Affairs of Russia // Actual problems of compulsory state insurance of life and health of military personnel (employees) and civil servants: collection of materials of the International Scientific and Practical Conference (St. Petersburg, 30-March 31, 2020) / comp. O.G. Yatkevich, G.M. Pogorelov; under total ed. V.P. Byshovets; St. Petersburg Military Order of Zhukov Institute of the National Guard Troops. St. Petersburg: SPVI of the National Guard Troops, 2020. S. 28-30.
Molchanov A. A., Kostyuchenko E. Yu. The procedure for procurement by internal affairs bodies // Law and Law. 2016. No. 9. S. 44-46.
Molchanov A.A., Shubnikov Yu.B. Compulsory state insurance of life and health of employees of internal affairs bodies // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2012. No. 2 (54). pp. 86-89.
Popondopulo V.F. Commercial (business) law: textbook / V.F. Popondopulo. 3rd ed., revised. and additional M.: Norma, 2008. 800 p.
Decree of the Government of the Russian Federation of March 6, 2014 No. 169 «On approval of a standard contract for compulsory state insurance carried out in accordance with the Federal Law «On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of internal Affairs of the Russian Federation, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system, employees of the troops of the national guard of the Russian Federation, employees of the enforcement agencies of the Russian Federation»/ SZ RF. 2014. No. 11. Art. 1147.
Russian civil law: Textbook: In 2 vols. T. II: Law of Obligations / Resp. Ed. E.A. Sukhanov. 2nd ed., stereotype. M.: Statut, 2011. 1208 p.
Federal Law of 05.04.2013 No. 44-FZ «On the contract system in the field of procurement of goods, works, services to meet state and municipal needs» // Collected Legislation of the Russian Federation. 2013. No. 14. Art. 1652.
Federal Law of May 27, 2003 No. 58-FZ «On the system of public service of the Russian Federation» // Collected Legislation of the Russian Federation. 2003. No. 22. Art. 2063.
Federal Law of July 27, 2004 No. 79-FZ «On the State Civil Service of the Russian Federation» // Collection of Legislation of the Russian Federation. 2004. No. 31. Art. 3215;
Federal Law of March 28, 1998 No. 52-FZ «On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, State Fire Service, Employees of Institutions and Authorities of the penitentiary system, employees of the troops of the national guard of the Russian Federation, employees of the enforcement agencies of the Russian Federation» // Collected Legislation of the Russian Federation. 1998. No. 13. Art. 1474.
Federal Law of March 28, 1998 No. 53-FZ «On military duty and military service» // Collected Legislation of the Russian Federation. 1998. No. 13. Art. 1475;
Federal Law of November 30, 2011 No. 342-FZ «On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation» // Collected Legislation of the Russian Federation. 2011. No. 49 (Part 1). Art. 7020.
Fedorova T.V. Public service of the Russian Federation: traditions, legal aspects, responsibility: Textbook. M.: RGUP, 2018. 107 p.
Keywords:
insurance, service, payment, contract, life, health.