ANALYSIS OF THE PRACTICE OF APPLYING THE NORMS OF THE FEDERAL LAW “ON THE COMMISSIONER FOR THE RIGHTS OF CONSUMERS OF FINANCIAL SERVICES” IN THE SPHERE OF MOTOR TPL INSURANCE
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Author(s): | Lavrik T. M., Zavodov M. Yu., |
| Number of journal: | 4(69) | Date: | November 2024 |
| Annotation: | The article analyzes the latest changes in the legal regulation of the insurance market in the Russian Federation, provides examples of the implementation of changes (amendments) to the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, and also shows its interaction with other regulatory legal acts designed to protect the rights of car owners (consumers of financial services). Separate theses of the article analyze the problems that arise in the process of implementing the rights and obligations of vehicle owners, as consumers of financial services, directly related to the legal relationship between policyholders and insurers when settling an insured event, as well as liability (consequences) for insurance companies for violating the rights of policyholders (consumers of financial services). The procedural features of pre-trial consideration of disputes are studied, within the framework of Federal Law No. 123-FZ “On the Commissioner for the Rights of Consumers of Financial Services” and the legal basis for making decisions on appeals from car owners to the financial ombudsman. The article presents and analyzes current decisions of courts of general jurisdiction and decisions made by the financial commissioner (ombudsman) on appeals from car owners, clearly showing the emerging procedural contradictions and differences in the understanding and interpretation of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”. The authors of the article present conclusions based on the practical implementation of the Russian Federation legislation in the field of insurance [analysis of court decisions, decisions of the financial commissioner (ombudsman)], identified and indicated existing contradictions in the practical implementation of two federal laws, and proposed solutions to eliminate the contradictions discussed in the article. The presented research results are aimed at further improving the current legislation in the field of insurance in the Russian Federation and eliminating the identified contradictions. | ||
| Keywords: | Law on Motor TPL Insurance, financial commissioner / ombudsman, consumers of financial services, car owners, insurance companies, insurance compensation, insurance payment, penalty/fine, compulsory civil liability insurance of vehicle owners, rights and obligations of car owners |
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| For citation: | Lavrik T. M., Zavodov M. Yu. Analysis of the practice of applying the norms of the Federal Law “On the Commissioner for the Rights of Consumers of Financial Services” in the sphere of motor TPL insurance. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;4(69):201—206. DOI: 10.25683/VOLBI.2024.69.1140. |
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