Law on Insurance: on the concept of insurance of civil liability of persons engaged in professional activities
Analyzing the current problems of economiclegislation at the current stage, it is noted that modern economic legislation is characterized by such shortcomings as fragmentation, fragmentation, inconsistency, the existence of legal gaps.
The federal law on insurance also belongs toto legal acts for which this statement is fair, both for economic legislation in general, and for insurance legislation in particular.
The system of modern insurance legislationis characterized by a disjointed concept and definition, declarative and non-specific. Today, there is practically no single legislative act providing uniform legal regulation in the insurance sector, and the law on insurance in Russia fully applies to this.
In the framework of this article, the author considersonly a narrow area of national insurance legislation - the law on insurance - the insurance of civil liability of persons (CSOs) that conduct professional activities. The subject of the analysis are the key legal concepts and definitions included in the law on insurance and applied in a particular type of insurance. This type of insurance is not absolutely new for civil law. Certain measures on this way are made by the legislator. In particular, the types of activities under which the implementation of the law on insurance establishes professional liability insurance are mentioned. These include: the activities of a customs agent, audit activities, notarial activities, real estate activities.
However, there is still no orderinsurance, the subjective composition of the emerging legal relationship is not characterized, nor are uniform concepts developed. In particular, the definition of civil liability is not specified, the insurance object is not defined, the concept of an insurance case is not disclosed.
Some points from the legislative actsallow us to actualize the problems: the first is the absence of a single normative act regulating this species; the second is the absence at the legislative level of the definition of the CDS of persons performing professional duties.
The type of insurance considered by us hasspecificity. In other words, despite the fact that it is the policy of the insured and the money, the main purpose of the CDS is the protection of third parties who suffered losses.
Thus, with respect to this sphereinsurance can formulate a definition: the civil liability of a person performing professional duties is the application of measures and sanctions (additional encumbrances) to him in case he fails to achieve (improperly attaining) the result intended for a third person: state, organization, individual.
The theory and practice of insurance does not solve the issue ofsubject composition of the insurance contract for this species. The beneficiaries in such legal relationships are the aggrieved persons (legal and physical), in whose party the contract is made. An analysis of the above legislative provision suggests that the Russian legislator most likely had in mind the features of insurance associated with the exercise by citizens of certain types of professional activity. However, international practice shows that it is impossible to consider the practice of insurance of legal entities as a form of CDF, which is connected exclusively with the provision of professional services, contrary to the law.
