Insurance - classification, essence and functions. I pillar insurance - General civil law

What is insurance?

In today's world, insurance services are very important. Everyone can get into a dangerous situation, insurance helps to cope with the negative consequences of these situations. Insurance is a type of economic relationship that provides insurance protection for people and organizations from various dangers. Let's take a closer look at what insurance is, let's talk about its types.

Insurance types

Health insurance

This insurance is guaranteed to people in the event of a situation that can be attributed to an insured event. Health insurance can be used for preventive purposes. This insurance is on a voluntary and mandatory basis.

Accident insurance

This insurance pays for damages due to serious health problems or death. Insurance may occur individually or in group form, may be on a mandatory or voluntary basis.

Property insurance

Thus, various property is insured: structures, buildings, working machines, devices, equipment, various ships, transport ships, construction objects, goods, materials and raw materials.

CASCO insurance

CASCO - insurance of the client's property related to the possession, use and disposal of the car and its additional equipment. Situations where such insurance is valid include theft, accident, theft, various damage caused by strangers, explosions and fires, natural disasters.

Personal insurance

This includes insurance, which is associated with the likely negative situations in the life of a person. The object of insurance is property that is associated with health, life, ability to work and social. provision of the insured.

Risk insurance

Used to minimize or limit risk. The method of financing is the transfer of risk. Under the contract, the liability for the most part is borne by the insurance company.

Cumulative insurance and pension insurance

They are social insurance. Life insurance includes all types of insurance related to a person's life. To determine such insurance, they are guided by the income of the insured. The average amount of insurance is from 3 to 10 of the client's income per year.

Pension insurance is a savings insurance, the end of the insurance term refers to the pension age. To apply for insurance, you need to contact the pension fund. Insurance payments after the onset of retirement age occur in the form of pensions.

We have reviewed the most popular types of insurance, but there are many more.

Basic insurance terms

Policyholder

Policyholder - a private or legal person who uses the services of an insurer. When purchasing the services of the insurer, the insured signs the contract and pays a fee, the so-called "premium". It can be paid either in parts over a certain period of time, or in full. Certain insurance rules must be followed. For example, if at the time of the insured event the insurance premium has not been paid, the insurer has every right to refuse to pay the insured the funds stipulated by the contract.

INSURANCE

INSURANCE

(assurance) Insurance against events that are bound to happen sooner or later (especially death). See: life assurance.

(insurance) A legal contract in accordance with which the insurer undertakes to pay a certain amount to the other party - the insured (insured) in the event that some specific event (called risk; danger (peril) occurs and as a result of this the insured party incurs losses. The insured the party under the contract undertakes to pay a certain amount, called the insurance premium / premium (premium), either in a lump sum or at regular intervals.For an insurance contract to be valid, the insured must have an insurable interest (insurable interest).Usually the word "insurance" "assurance" is used to refer to events that may or may not occur (such as a fire), while the word "assurance" is used to refer to an event (such as death) that inevitably someday yes comes (See also: life insurance (life assurance). See also: reinsurance (re insurance).

Finance. Dictionary. 2nd ed. - M.: "INFRA-M", Publishing house "Ves Mir". Brian Butler, Brian Johnson, Graham Sidwell et al. Osadchaya I.M.. 2000 .

INSURANCE

INSURANCE - relations to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insurance events) at the expense of monetary funds. formed from the insurance premiums paid by them (insurance premiums). INSURANCE can be carried out in voluntary and mandatory forms. Voluntary INSURANCE is carried out on the basis of an agreement between the insured and the insurer. The rules of voluntary insurance, which determine the general conditions and procedure for its implementation, are established by the insurer independently in accordance with the law. Specific conditions of insurance are determined at the conclusion of the INSURANCE agreement. Mandatory is INSURANCE, enforceable by law. Types, conditions and procedures for compulsory INSURANCE are determined by the relevant laws of the Russian Federation. The objects of INSURANCE may be property interests that do not contradict the legislation of the Russian Federation: those related to life, health, work capacity and pension provision of the insured or the insured person (personal INSURANCE); related to the possession, use, disposal of property (property INSURANCE); related to compensation by the insured for the damage caused by him to the person or property of an individual, as well as damage caused to a legal entity (LIABILITY INSURANCE).

Glossary of financial terms.

Insurance

Insurance - a system of economic relations to protect the property interests of individuals and legal entities in the event of certain events (insured events) at the expense of funds (insurance funds) formed from the insurance premiums they pay by paying insurance compensation.
Insurance is a system of economic relations that implies the formation of an insurance fund at the expense of contributions from enterprises, organizations and citizens and its use to compensate for damages arising from the onset of insurance risks.

In English: Insurance

Finam Financial Dictionary.

Insurance

Insurance - an article of the contract of sale, which includes four main conditions of insurance:
- what is insured;
- from what risks;
- who insures;
- in whose favor insurance is provided.

Finam Financial Dictionary.

Insurance

a system of special, redistributive relations that arise between the participants of the insurance fund in connection with its formation at the expense of earmarked monetary contributions and the use of a business entity to compensate for damages and provide assistance to citizens (or their families) in the event of insured events in their lives (reaching a certain age, loss disability, death, etc.). There are: property insurance, the object of which are various material values; personal insurance, which is based on events in the life of individuals; liability insurance, the subject of which is the possible obligations of the insured to compensate for damage (harm) to third parties; business risk insurance, where the object is the risk of non-profit or loss.

Terminological dictionary of banking and financial terms. 2011 .

Synonyms:

See what "INSURANCE" is in other dictionaries:

- (assurance) Insurance (insurance) against events that will definitely occur sooner or later (for example, death). See: life assurance. (insurance) A legal contract under which an insurer undertakes to pay ... ... Glossary of business terms

- (insurance) The use of contracts to reduce and redistribute risk (risk). In an insurance contract, the insurer receives a fixed payment, or premium, from the insured person and in return undertakes to make payments, ... ... Economic dictionary

Insurance- represents a relationship to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums paid by them (insurance premiums). ... ... Vocabulary: accounting, taxes, business law

Civil law relations to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them. FROM … Law Dictionary

INSURANCE, insurance, cf. A financial and economic transaction, which consists in the fact that an institution (insurer) for certain periodic contributions from the interested institution or person (insured) assumes an obligation ... ... Explanatory Dictionary of Ushakov

Life allows you to live in poverty and die rich. An insurance agent must be able to do two things: first scare, and then reassure. Konstantin Melikhan Novelists and insurance agents always start with the family. "Pshekrui" One of the few consolations ... ... Consolidated encyclopedia of aphorisms

Insurance- (English insurance) in the Russian Federation, relations to protect the property interests of individuals and legal entities in the event of certain events (insurance events) at the expense of monetary funds formed from the insurance premiums paid by them (insurance premiums) ... Encyclopedia of Law

INSURANCE, a system of measures to create a monetary (insurance) fund at the expense of the contributions of its participants, from which the damage caused to individuals and legal entities by natural disasters, accidents, as well as ... ... Modern Encyclopedia

Relations to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them. According to Russian law ... ... Big Encyclopedic Dictionary

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✪ Deposit insurance for individuals

✪ How the Deposit Insurance System works

✪ Insurance broker. Creation. How to create and open your business in insurance.

✪ Deposit Insurance in Russian Banks.mp4

Subtitles

The deposit insurance system was created to protect the funds of depositors placed in commercial banks. We are talking about individual depositors. The insurer in this case is the Deposit Insurance Agency, which carries out the procedure for the payment of compensation. The legislation defines a number of forms of depositing funds into a bank that are not subject to insurance. These are funds placed on deposit accounts or bank accounts of individuals - individual entrepreneurs without forming a legal entity, that is, funds that are used for entrepreneurial activities. The next form is money placed in bearer deposits. Also, funds transferred by individuals to the bank for trust management, as well as deposits placed outside the Russian Federation, are not subject to insurance. The maximum amount that a depositor can count on is set at 700,000 rubles. This is exactly the amount of compensation. However, you should take into account the fact that if the bank's obligations to you exceed the amount of compensation, then the remaining part of the amount will be paid to you first of all in the process of liquidation procedures in the bank. You should also take into account the following point, that you can get 700 thousand rubles in one bank, even having several deposits in this bank. But if you have deposits in different banks, then in each bank you will receive a refund in an amount not exceeding 700 thousand rubles. if you have a deposit in a bank in a foreign currency, then the amount of compensation will be converted into rubles at the exchange rate of the "Bank of Russia" on the date of the insured event. An insured event within the framework of the deposit insurance system is the revocation of a license from a commercial bank, followed by the bankruptcy procedure of a commercial bank or the introduction by the Bank of Russia of a moratorium in a commercial bank to satisfy creditors' claims. This moratorium may be temporary. From the date of occurrence of the insured event, the bank in which the insured event occurred shall send to the Deposit Insurance Agency a register of obligations to depositors within seven days. The Agency, in turn, within seven days from the receipt of this register sends to the press, that is, publishes in the press, and also sends to the bank information on the time, place, form and procedure for submitting an application for a refund. Also, within a month from the date of receipt of the register, the Agency sends relevant information to all contributors. The depositor who has received this information must bring to the Agency an identity document, in particular a passport, and fill out an application in the form of the Agency. If the Agency is contacted by a representative of the depositor, then a notarized power of attorney will also be required. The agency accepts your application and within three days payment and compensation is made, but not earlier than 14 days from the date of the insured event. Compensation for the deposit is paid by the Agency itself, or the payment of compensations, acceptance of applications can be carried out through agent banks. This information, again, will be provided by the Agency. When you submit an application, the Agency accepts your application for reimbursement of the deposit, the Agency gives you a copy from the register, which indicates the amount of your reimbursement. If you do not agree with the amount of compensation, you can provide additional documents that confirm the validity of your claims. The bank reviews these documents within 10 days, and if it agrees with your requirements, it makes changes to the register and brings the relevant information to the Deposit Insurance Agency. After agreeing on the amount of compensation with the bank and the depositor, the Agency pays compensation in the prescribed manner. The application deadline may be revised in the following cases: if you did not have time to apply because you were drafted into the army, or if you are a member of the military and serve in the troops transferred to martial law. The next reason may be related to force majeure circumstances, for example, you are in some kind of natural disaster or similar cases. Also, this reason may be related to your illness, which prevented you from filing a timely application with the Deposit Insurance Agency. In these cases, the deadline may be revised. Another important point to be noted is that if the Deposit Insurance Agency has not paid you a refund in a timely manner, then the agency pays you interest on the amount of non-payment at the refinancing rate set by the Bank of Russia on the date of actual payment.

Economic essence, functions and principles of insurance

The economic essence of insurance is the creation of insurance funds at the expense of contributions from parties interested in insurance and intended to compensate for damage (most often - from persons participating in the formation of these funds). Since the possible damage is probabilistic in nature ( insurance risk), then the insurance fund is redistributed both in space and in time. It can be said that compensation for damage from affected persons occurs at the expense of the contributions of all those who participated in the formation of these insurance funds.

Exists three main forms of organization of the insurance fund:

1. Centralized insurance (reserve) funds created through budgetary and other public funds. The formation of these funds is carried out both in kind and in cash. State insurance (reserve) funds are at the disposal of the government.
2. self-insurance as a system for the creation and use of insurance funds by business entities and people. These decentralized insurance funds are created in kind and in cash. These funds are intended to overcome temporary difficulties in the activities of a particular commodity producer or human. The main source of formation of decentralized insurance funds are income enterprises or an individual person.
3. Own insurance as a system for the creation and use of funds of insurance organizations at the expense of insurance premiums parties interested in insurance. The use of these funds is carried out to compensate for the damage incurred in accordance with the conditions and rules insurance.

There are the following insurance functions expressing its public purpose:

1. risk function, which consists in providing insurance protection against various kinds risks - random events leading to losses. As part of this function, there is a redistribution of monetary resources between all insurance participants in accordance with the current insurance agreement, after which the insurance premiums (cash) are not returned to the insured. This function reflects the main purpose of insurance - protection against risks.
2. Investment function, which consists in the fact that at the expense of temporarily free funds of insurance funds ( insurance reserves) finances the economy. Owing to the fact that Insurance companies accumulate large amounts of money that are intended to compensate for damage, but until the insurance case, they can be temporarily invested in various securities , real estate and in other directions. Volume investment insurance companies in the world is more than 24 trillion US dollars. In the second half of the 20th century, in countries with developed insurance, the income received by insurance companies from investments began to prevail over the income received from insurance activities.
3. Warning function insurance consists in the fact that at the expense of a part of the insurance fund, measures are financed to reduce insurance risk. For example, at the expense of part of the funds raised from fire insurance, fire-fighting measures are financed, as well as measures aimed at reducing possible damage from fire.
4. savings function. AT life insurance insurance is closest to credit, since there is an accumulation of contracts insurance certain sums insured. Saving money, for example with life insurance, is associated with the need for insurance coverage of the achieved family wealth. Thus, insurance can also have a savings function.

The modern state widely uses insurance mechanisms in the form social insurance and pension provision for public insurance protection of citizens in case of illness, disability (including by age), loss of a breadwinner, death. At the same time, the organization and activities of state social insurance funds and pension funds are regulated by special legislation, different from the legislation regulating the activities of specialized insurance organizations.

Insurance activity is based on the principles equivalence and chance.

The principle of equivalence expresses the requirement for a balance between the income of an insurance organization and its expenses. Risk threatens many people, but only a few of them are really affected by insured events. Payments for insured events are covered by the contributions of many insurers who have avoided this risk.

Income from insurance activities consists of insurance premiums paid by policyholders. Expenses are represented by insurance payments and costs of maintaining the insurance company. When income exceeds expenses, the insurance organization (SO) has a profit from insurance activities. If losses occur, this leads to the impossibility of fulfilling obligations to the insured.

The principle of randomness is that only events that have signs can be insured. probabilities and the randomness of their occurrence. Intentionally performed actions are not insured, as they lack the principle of chance.

Organization of insurance

Principles of organization of insurance business in the Russian Federation

The main fundamental feature of the organization of the insurance business in the modern period is the development competition insurance companies. Competition is not limited to voluntary insurance, but also in the area compulsory insurance(for example, between insurers carrying out OSAGO or GRO). Competition encourages insurance organizations to develop and introduce new types of insurance, constantly improve them, expand the range and cover additional segments of the insurance services market. When carrying out the same types of insurance, competition between insurance organizations is expressed in the creation of more convenient forms of concluding an agreement and paying insurance premiums, reducing tariff rates, increasing the efficiency of payment of insurance compensation and the quality of insurance coverage. In addition, this stimulates the improvement of the insurance models themselves - in recent years, it has begun to develop direct insurance model, the essence of which is the rejection of intermediaries.

Insurance is a special type of activity designed to provide reliable insurance protection for individuals and legal entities; it must be organized in such a way that Insurance companies did not go bankrupt, did not stop their activities and strictly fulfilled their obligations to the insurers. This is achieved by the introduction of state regulation of insurance activities, the development of the legal and economic foundations of insurance. The second principle is the need for state regulation of insurance activities based on a solid legal and economic foundation.

Competition in insurance cannot be regarded as an absolute category. In many cases, especially when undertaking large risks, cooperation is necessary insurers. This collaboration takes the form coinsurance and reinsurance. An important principle of organizing insurance as part of international economic relations is the international cooperation in the field of insurance and, especially, reinsurance. Thus, the cooperation of insurance organizations both within the country and abroad is also an important principle of organizing the insurance business.

Organizational and legal forms of insurance companies

On the insurance market of the Russian Federation there are insurers with various organizational and legal forms ( joint-stock company , limited liability company and etc.).

The legislation of the Russian Federation does not establish any exemptions regarding the organizational and legal forms of commercial insurance organizations. The only requirement is that only entity.

The founders of an insurance company can be either physical, and legal individuals, including foreigners.

Russian insurance legislation stands out as a special form in which an insurer can be created, mutual insurance company(OVS). At the same time, the Law of the Russian Federation “On the organization of insurance business in the Russian Federation” does not classify OBC as “insurance organizations”.

Rooted in the historical past, mutual insurance companies, due to the specifics of their organization, asset ownership and management, successfully compete in the modern insurance market of many countries with joint-stock insurance companies. Mutual Insurance Society- organizational and legal form of the insurance company, in which each policyholder at the same time is a member of such an insurance company. OBC is an association of policyholders for the purpose of jointly creating insurance products of a certain type only for members of this society.

In accordance with the legislation of the Russian Federation, mutual insurance companies are non-profit organizations.

In foreign insurance markets, in addition to mutual insurance companies, there are also non-profit organizations that carry out cooperative insurance and having, respectively, the organizational and legal form of "insurance cooperative". There are currently no insurance cooperatives in the Russian Federation due to the fact that there are no sufficient legislative grounds for using this organizational and legal form.

One of the forms of commercial cooperation between insurance organizations is co-insurance ( co-insurance). In its developed form, this leads to the creation pools, insurance unions, clubs. The purpose of their creation is to provide methodological and organizational assistance to their founders, to coordinate their activities in carrying out various types of insurance, to participate in the preparation of legislative acts, to promote scientific developments, etc.

Special forms of insurance have been developed in countries heavily influenced by religious restrictions. So, in a number Islamic countries operates takaful recognized as compliant sharia.

Measures of state regulation of insurance activities

State regulation is a necessary element and principle of organization of the insurance business in any country. The purpose of state regulation is to ensure the formation and development of an effectively functioning market insurance services, creating the necessary conditions for the activity insurers various organizational and legal forms, protection of the interests of policyholders.

The system of measures of state regulation includes the following:

2. Control over ensuring the financial stability of insurers. The main factors affecting the financial stability of an insurance company:

1. sufficient equity ;
2. amount of liabilities (including technical reserves);
3. placement of assets;
4. briefcase risks transferred to reinsurance ;
5. tariff policy.

3. Development of forms and procedures for statistical reporting and control over the timely submission of financial statements of insurance companies.

5. Other measures of state regulation of insurance activities, including control over compliance with the procedure for payment of insurance indemnities.

Regulation of insurance activities in the Russian Federation

Supervision of insurance activities in the Russian Federation

The body of state supervision over insurance activities in different years was Rosstrakhnadzor(1992-1998), Department of Insurance Supervision of the Ministry of Finance of the Russian Federation (1998-2004), Federal Service Insurance Supervision  (FSSN) (2004-2011), Federal Service for Financial Markets (FFMS) (2011-2013).

The main functions of the FFMS in terms of insurance supervision were:

• issuance (as well as revocation and suspension) of licenses for insurance activities;
• maintenance of a unified state register subjects insurance business(which includes insurance and reinsurance companies, mutual insurance companies, insurance brokers and actuaries) and their associations;
• establishment in agreement with Ministry Finance of the Russian Federation and Federal Service State Statistics chart of accounts and rules accounting, indicators and forms of accounting for insurance operations and reporting;
• setting deadlines for the publication of annual balance sheets and accounts profits(losses) insurers ;
• validity control insurance tariffs and providing solvency insurers ;
• establishment of rules for the formation and placement of insurance reserves;
• development of regulatory and methodological documents on insurance activities within the competence;
• generalization of insurance practice, presentation of proposals for improving the legislation of the Russian Federation on insurance.

Currently, the body of insurance supervision and regulation (with the exception of drafting laws) is the Bank of Russia.

Insurance classification

Types of insurance

There are different approaches to the classification of insurance activities. In most countries of the world, there are two types of insurance [ ] : life insurance and types of non-life insurance. This classification is used in the development of legal documents, analysis insurance market and resolving other issues.

In the Russian-language scientific literature there is no single point of view on the classification of types of insurance. Various authors identify two, three or four main varieties (industries) of insurance, depending on the subject of insurance. In particular, some authors, following Chapter 48 of the Civil Code of the Russian Federation, distinguish two main types (types of contracts) of insurance: property and personal. Other authors distinguish four branches of insurance: property, personal, liability and risks. Finally, the third group of authors identifies three branches of insurance: property, personal and liability.

The type of insurance is the insurance of specific homogeneous objects in a certain amount of insurance liability at the appropriate tariff rates. Insurance relations between the insurer and the insured are carried out by types of insurance. We give only examples of some of the most common types of insurance.

Forms of insurance

Along with the classification of insurance by industry, sub-sector and type, forms of insurance are distinguished. In accordance with article 927 of the Civil Code of the Russian Federation and paragraph 2 of article 3 of the law "On the organization of insurance business in the Russian Federation", two forms of insurance are distinguished: compulsory and voluntary. If we are talking about the division of insurance into public and private, then the criterion for selection is the form of ownership of the insurance organization. If such an organization is owned by private individuals (legal and / or individuals), then the insurance it carries out is classified as private insurance. If the insurance organization is owned by the state, then such insurance, in accordance with the tradition that has historically developed in our country, is called state. However, it should be remembered that the current Civil Code of the Russian Federation in Art. 969 defines state insurance as compulsory insurance, which is carried out at the expense of funds specially allocated for its implementation from the relevant budget to ministries and other federal government bodies that act as insurers. Therefore, when encountering the term "state insurance" in domestic publications, it must be remembered that in modern Russia this term is used in various meanings.

Compulsory insurance

Compulsory such insurance is called when the state establishes the obligation to make insurance payments by the relevant circle of insurers. The compulsory form of insurance applies to priority objects of insurance protection, that is, when the need to compensate for material damage or provide other financial assistance affects the interests of not only a particular injured person, but also public interests. The Civil Code of the Russian Federation (Article 927) provides for compulsory state insurance, which is carried out by insurance organizations at the expense of the state budget, and compulsory insurance, which must be carried out at the expense of other sources.

Examples of compulsory insurance:

• military insurance
• passenger insurance
• professional liability insurance for some professionals (for example, notaries in the Russian Federation)

Compulsory insurance is established by law, according to which insurer is obliged to insure the relevant objects, and policyholders- make due insurance payments.

The law usually provides:

• list of objects subject to compulsory insurance;
• the amount of insurance liability;
• the level or norms of insurance coverage;
• the procedure for establishing tariff rates or the average differences between these rates, with the right to differentiate them locally;
• the frequency of making insurance payments;
• basic rights and obligations of the insurer and the policyholder.

Compulsory insurance provides, as a rule, continuous coverage of the objects specified in the law. For example, if compulsory insurance is provided for passengers of the relevant modes of transport, then absolutely everyone who is going to travel is required to insure.

With compulsory insurance, as a rule, provision is made for the rationing of insurance coverage (for example, the minimum sum insured).

Voluntary insurance

Voluntary insurance operates by virtue of law on a voluntary basis. The law may determine the objects subject to voluntary insurance and the most general conditions of insurance. Specific conditions are governed by the insurance rules, which are developed insurer.

Voluntary participation in insurance is fully characteristic only for policyholders. For example, when concluding contracts personal insurance insurer does not have the right to refuse to insure the object, if the will of the insured does not contradict the conditions of insurance. This guarantees the conclusion contracts insurance at the first request of the insured. However, insurer not required to conclude contract insurance under the conditions proposed by the insured.

Voluntary insurance is characterized by selective (not complete) coverage of policyholders, due to the fact that not all policyholders are willing to participate in it. The conditions of insurance may contain restrictions on the conclusion of contracts with policyholders who do not meet the requirements for them.

Voluntary insurance is always limited in terms of insurance. There is a start and end date in the contract. The continuity of voluntary insurance can only be ensured by repeated (sometimes automatic) renewal of the contract for a new term.

Voluntary insurance is valid only upon payment of one-time or periodic insurance premiums. Non-payment leads to termination of the contract.

Legal basis of insurance relations

All legal relations related to the conduct of insurance can be divided into two groups: legal relations governing insurance itself, that is, the process of formation and use of the insurance fund, and legal relations arising from the organization of the insurance business, that is, the activities insurers as subjects of a market economy: their relationship with banks , budget, government agencies.

Both those and other relations are regulated by legislative and other legal acts. It is generally accepted that the first group of legal relations is covered by the scope civil law, and the second - state , administrative , financial , criminal , procedural and other industries and sub-sectors rights.

In the Russian Federation, as in a number of Western countries (for example, in Germany), a three-stage system of legal regulation of the insurance business has developed.

Stage I - General civil law

This stage of legal regulation of insurance should include, first of all, the Civil Code of the Russian Federation and other similar regulations, for example, the Merchant Shipping Code.

The Law of the Russian Federation "On the organization of insurance business in the Russian Federation" is designed to create equal conditions for insurance for all insurers on the insurance market, both state and non-state, guarantee the protection of the interests policyholders, to determine uniform methodological provisions for the organization of insurance and the basic principles of state regulation of insurance activities. Until December 31, 1997, the Law of the Russian Federation “On Insurance” was in force, which was adopted on November 27, 1992. Later, the federal law “On Amendments and Additions to the Law of the Russian Federation “On Insurance”” was adopted, which was signed by the President of the Russian Federation on December 31, 1997. In accordance with the latter, significant changes were made to the insurance legislation, including the name itself law. Later, other significant changes were made to this Law.

Stage III - other regulations

Other normative acts include decrees of the President of the Russian Federation, resolutions of the Government, by-laws of ministries and departments. The general requirements of the legislation on regulating relations in the field of insurance are that the legislative acts of the first and second stages give the basic concepts related to insurance legal relations, contain general requirements for compulsory and voluntary insurance contracts. Other normative acts contain requirements on certain issues of carrying out insurance activities.

Economic and financial foundations of insurance

Insurance is a special type of economic relations, therefore, the economic and financial foundations of the activities of insurers have certain differences from the economic and financial foundations of other types of activities.

So, the economic and financial foundations of the activities of a commercial insurance organization, that is, an organization that carries out commercial insurance are different from other commercial activities. The differences relate primarily to the formation of financial potential and maintaining financial stability insurer.

The financial stability of a commercial insurance organization is ensured by: the amount of its paid authorized capital; the size of insurance reserves; optimal portfolio of placement of insurance reserves; system reinsurance; validity insurance tariffs and other factors.

The figure shows a diagram of the formation and use of the finances of a commercial insurance organization.

The main sources of financial formation of a commercial insurance organization are:

• Income from investment activity

Own capital (own funds) of a commercial insurance organization is formed from two sources: due to contributions founders in statutory fund and due to the arrived. A characteristic of own funds is that they are free from insurance obligations provided that the insurer has sufficient insurance fund to fulfill its obligations under insurance contracts. If the funds of the insurance fund are not enough to fulfill the obligations for insurance payments, the commercial insurance organization must use its own funds for this. To ensure that such funds are sufficient, the state pays special attention to the size of the authorized capital of insurance companies.

In order to ensure the financial stability of a commercial insurance organization, both in Russia and abroad, a requirement for a minimum amount is legally established. authorized capital. At the first stages of the development of the insurance market in the Russian Federation, the requirements for the minimum amount of the authorized capital of commercial insurance organizations were underestimated, which led to the creation of a large number of small organizations that were engaged in insurance. At present, the law “On the Organization of the Insurance Business in the Russian Federation” establishes a minimum amount of paid authorized capital in the amount of 120 million rubles, with the exception of life insurance companies; RUB 240 million for life insurance companies; and 480 million rubles. for professional reinsurers.

In all cases, the maximum liability for an individual at risk in contract insurance cannot exceed 10% of own funds insurer.

One of the main criteria for assessing the financial stability of commercial insurers is the correspondence of the size of their own capital to the volume of accepted obligations (solvency margin). Commercial insurance organizations are required to comply with the normative ratio between assets and accepted insurance liabilities, which is their difference or free assets of the insurer. It follows from this that the condition must be met:

A - O > H, BUT- actual size assets insurer, rub.; O- actual volume obligations insurer, rub.; H- normative (that is, the minimum allowable) amount of excess of the insurer's assets over its liabilities, rub.

In this case, assets are understood as the property of an insurance company in the form fixed assets, materials, cash, and financial investments. Commitments characterize the debt of the insurer to individuals and legal entities. Liabilities include insurance reserves, loans and loans banks, other borrowed and borrowed funds, reserves for future expenses and payments, settlement obligations for reinsurance operations and other accounts payable.

The methodology for calculating the standard size of the ratio of assets and liabilities of insurance organizations is established by the Federal Insurance Service. Calculations according to this method are submitted to the state body for the supervision of insurance activities simultaneously with the presentation of financial statements. If the actual amount of free assets of the insurance company is less than the standard, he is obliged to take measures to improve the financial situation.

The economic and financial foundations of the activities of mutual insurance organizations (that is, organizations that carry out mutual insurance, differ from the economic and financial foundations of the activities of commercial insurance organizations. As of September 2013, 11 licenses were obtained in the Russian Federation to carry out insurance activities. mutual insurance companies. They operate in accordance with the law of the Russian Federation of November 29, 2007 No. 286-FZ. The formation of the authorized capital in such organizations is not provided for due to the fact that here the insurers-members of the OBC jointly and severally bear subsidiary liability for the insurance obligations of the company.

History of insurance development

Insurance has a long history.
In the early stages of the development of human society, arose and developed mutual insurance which is based on the idea of ​​collective mutual assistance. Examples of such insurance can be found in Babylonia(in the laws of the king Hammurabi- OK. 1760 BC e.), in Ancient Greece and Roman Empire. As a classic example in the literature, insurance is given in Ancient Rome within permanent organizations (colleges, unions) created on professional (traders, artisans, military) or religious grounds. An example is the Charter of the Lanuvian College, which was founded in 133 BC. e.

In the period of the X-XIII centuries, insurance began to be carried out by workshops and guilds.

Gradually, shop insurance moved to a more advanced form of creating insurance funds by paying regular insurance premiums from community members to their cash desks.

With the development of commodity-money relations, natural insurance gave way to insurance in cash. The distribution of damages in cash has significantly expanded the possibilities of mutual insurance.

Later, entrepreneurs also began to use the method commercial insurance. K. G. Vobly noted that “insurance operations acquired a commercial character when an entrepreneur-insurer, opposing a multitude of insurers, began to conduct business for profit. This process took place, first of all, in marine insurance in the XIV century. in Italy... Marine insurance developed from sea loans.
V. K. Reicher believed that the development of “independent, commercial insurance separated from credit” began approximately in the middle of the 14th century. and was first represented by sole insurers. At the end of the XVII century. insurers - joint-stock companies appear on the insurance market.
Thus, the emergence of commercial insurance was not logically and economically connected with the development of mutual insurance.

In the literature, there are 3 main stages in the development of commercial insurance in Europe:

• Stage I (XIV - the end of the XVII century) is associated with the era of the so-called initial accumulation of capital
• Stage II (the end of the 17th - the end of the 19th century) is associated with the era of free enterprise and free competition
• Stage III (the end of the 19th-20th centuries) is associated with the era of monopolization of entrepreneurial activity.

The active development of insurance took place in the second half of the 15th century, when Europeans began to actively develop new lands. The era great geographical discoveries gave rise to the development of shipping, international trade and new dangers associated with this activity. To protect against maritime risks, merchants and shipowners for the period of trading expeditions agreed that in the event of the loss of the property of one of them, the damage would be distributed among all. One of the maritime policies that have survived to this day (an insurance contract for a fee) was issued in 1347 for the carriage of goods from Genoa to the island Mallorca on the Santa Clara. This indicates that during this period commercial insurance already existed and developed, involving the provision of insurance protection for a certain fee (premium). At this time, the first professional insurers appeared - entrepreneurs who assumed obligations to compensate for damage on the security of their own property in return for paying an insurance premium, which was not returned if nothing happened to the insured property.

In 1468, the Venetian code of maritime insurance is created. At the end of the 17th - beginning of the 18th century, the first insurance companies in the field of marine insurance appeared: in Genoa in 1741, in Paris in 1686, and in other mainly port cities of Europe. Gradually, insurance began to cover other risks not related to the sea.

A significant impetus to the development of property insurance against fire was Great London fire 1666, destroying 13,200 buildings in the center London. It was after this tragic event that the world's first fire insurance company was established.

It is generally accepted that life insurance also originated in the UK. It was here that Equitable Life Assurance Society appeared in 1762. (English) Russian. In 1765 this company was registered as a mutual insurance company. This society is engaged in life insurance to this day. It was one of the first to use in its activities actuarial calculations. In 1772, by order of this society, tables of mortality were made, which made it possible to reduce the amount of insurance premiums by approximately 15%. These tables began to be used by other mutual and commercial insurance organizations, which contributed to the increase in the effectiveness of insurance.

By the end of the XVIII century in Western Europe, there were already about 100 different types of property and personal insurance.

Basic conditions for the development of commercial insurance in the second stage, in particular industrial revolution late XVIII - early XIX century brought to life the further development of property and personal insurance. Insurance in Russia

Insurance in Russia from Antiquity to 1917

In Russia, as in other countries of Northern Europe, the first example of insurance relations can be called community mutual assistance. In Russkaya Pravda, a judicial collection of the 11th century, there is a provision on the mutual assistance of members of the community in paying a fine if any of its members is accused of murder. In Russia, as in other countries, mutual spreading insurance at that time was the norm of public life.

The first examples of state insurance in Russia can be attributed to the 16th century. Tatar raids on Russia at that time were commonplace, they were carried out primarily in the hope of getting captives, who were then sold into slavery in the slave markets in the Crimea, Kazan or Astrakhan. In 1551 Stoglavy Cathedral decided that the prisoners should redeem from captivity at at expense treasury. Further, the authorities introduced a tax in the country in order to constantly replenish the cash desk intended for this purpose. The redemption of prisoners at the expense of funds collected through taxes is the first compulsory state insurance in Russia. A significant part of the levy payers themselves were at risk of being taken prisoner; in this way people added to an insurance fund that could be used for their own redemption - here we have insurance in its purest form.

The first government decree on the introduction of modern insurance in Russia was published in the manifesto of June 28, 1786 "On the Establishment of the State Loan Bank." The new bank was allowed to operate only with those houses, "which will be given to the same bank for fear." The Decree is considered the beginning of the insurance business in Russia Catherine II on the creation of an insurance expedition (December 23, 1786 according to the old style), which was engaged in insurance of buildings in both capitals and in all cities of the empire.

The activity of the expedition was not very successful, and after a while it was liquidated.

The charter of the first full-fledged Russian insurance company, proposed to Emperor Nicholas I by Baron L. I. Stieglitz, was approved by him on June 22, 1827 (according to Art. Art.). Thus, the First Fire Insurance Company arose, which became the launching pad for the formation of the Russian insurance market. A particularly strong impetus for the development of Russian insurance was the economic reforms of Alexander II. By the end of the XIX century. insurance companies have become an integral part of the Russian economy. At the end of the XIX century. In Russia, several systems of insurance organizations operated in parallel:

Joint-stock insurance companies that were engaged in life and property insurance (19 Russian and 3 foreign, as well as one reinsurance company);

The system of compulsory mutual zemstvo insurance, in which the function of insurers was performed zemstvos(local governments). There were 85 such zemstvos in total; they carried out not only compulsory, but also additional and voluntary insurance;

Voluntary mutual insurance societies ("fire" and personal), which were especially numerous; the greatest financial power among them was distinguished by the funds of mutual assistance of railway workers.

Insurance in the USSR

AT USSR there was a state monopoly for insurance. All insurance operations on the territory of the USSR were carried out by the state Union-Republican organization State Insurance of the USSR by all 1544285 ....

Insurance is a way to compensate for losses suffered by an individual or legal entity by distributing them among many persons (insurance totality). Insurance provides all business entities and members of society with guarantees for damages. In the aggregate, the interaction of various contradictions in production and life creates objective conditions for the manifestation of negative consequences that are of a random nature. There is a risk. The risk is objectively inherent in various stages of social reproduction and any socio-economic relations. The insurance risk and protective measures are the essence of the economic category of insurance protection. The material embodiment of the economic category insurance protection serves insurance fund, which represents is a set of selected (reserved) natural

stocks of wealth

Insurance is a relationship to protect the property interests of individuals and legal entities in the event of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them.

2. Name the functions of insurance

1. Formation of a specialized insurance fund of funds.

The first function is the formation of a specialized insurance fund of cash as a payment for the risks that insurance companies take on their responsibility. This fund can be formed both on a mandatory and voluntary basis. The function of forming a specialized insurance fund is implemented in the system of reserve and reserve funds that ensure the stability of insurance, the guarantee of payments and reimbursements

2. Compensation for damage and personal material support of citizens.

Only individuals and legal entities that are participants in the formation of the insurance fund have the right to compensation for damage to property. Compensation for damage through this function is carried out by individuals or legal entities within the framework of existing property insurance contracts.

Prevention of an insured event and minimization of damage.

Assumes a wide range of measures, including financing of events

to prevent or reduce the negative consequences of accidents

cases of natural disasters. This also includes legal

impact on the insured, fixed in the conditions of the prisoner

insurance contracts and focused on its careful

relation to the insured property. Measures of the insurer

to prevent an insured event and minimize

damage is called prevention. In order to implement this

functions, the insurer forms a special monetary fund for preventive

events.

3.Forms of insurance

Forms of insurance

According to the form of insurance, it can be compulsory (by virtue of law) and voluntary insurance.

The initiator of compulsory insurance is the state, which, in the form of a law, obliges legal entities and individuals to contribute funds to ensure public interests. The compulsory form of insurance is distinguished by the following principles: 1. Compulsory insurance is established by law, according to which the insurer is obliged to insure the relevant objects, and the insured is obliged to pay the due insurance payments. The law usually provides:

List of objects subject to compulsory insurance;

The volume of insurance liability;

The level or norms of insurance coverage; the procedure for establishing tariff rates or the average size of these rates, with the right to differentiate them locally;

The frequency of making insurance payments;

Basic rights and obligations of the insurer and insurers.

(social insurance, contributions to the State Pension Fund and the Employment Fund, compulsory medical insurance) At present, compulsory types of insurance also include: insurance of military personnel and persons equivalent to them; insurance of passengers on the way (carried out on railway, water, air, public motor transport; the corresponding insurance fee is charged when selling tickets, travel and other documents); insurance of employees of tax services; insurance of citizens affected by the accident at the Chernobyl nuclear power plant.

Voluntary insurance is carried out not as prescribed by law, but at the initiative of the insured on the basis of an agreement between the insured and the insurer in accordance with the rules of voluntary insurance. Voluntary insurance does not cancel, but supplements compulsory insurance.

Voluntary participation in insurance is fully typical only for policyholders. The insurer does not have the right to refuse to insure the object,

Voluntary insurance is always limited by the term of insurance. At the same time, the beginning and end of the period are specifically stipulated in the contract, since the insurance indemnity or the sum insured is payable if the insured event occurred during the insurance period.

Insurance coverage for voluntary insurance depends on the desire of the insured. For property insurance, the insured may determine the amount of the sum insured within the limits of the insurance valuation of the property. In personal insurance, the sum insured under the contract is established by agreement of the parties.