1 article 935 of the Civil Code of the Russian Federation. Creation of a threat to life, health, property of an individual or property of a legal entity

Full text of Art. 935 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 935 of the Civil Code of the Russian Federation.

1. The law may impose on the persons indicated therein the obligation to insure: the life, health or property of other persons specified in the law in case of harm to their life, health or property; the risk of their civil liability, which may arise as a result of harm to life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

3. In cases stipulated by law or in accordance with the procedure established by it, legal entities that have property in economic jurisdiction or operational management that is state or municipal property may be assigned the obligation to insure this property.

4. In cases where the insurance obligation does not arise from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on constituent documents legal entity who is the owner of the property, such insurance is not mandatory in the sense of this Article and does not entail the consequences provided for in Article 937 of this Code.

Commentary on Article 935 of the Civil Code of the Russian Federation

1. Compulsory insurance is a special, provided by law, means of ensuring public interests.

To achieve this goal with compulsory insurance the following tasks are performed:
- firstly, prerequisites are created for rendering assistance to citizens who find themselves in a difficult life situation in case of harm to their life and health;
- secondly, prerequisites are created for the preservation of property owned by third parties;
- thirdly, prerequisites are being created to ensure the stability of civil circulation in cases of harm or non-fulfillment of obligations.

Compulsory life and health insurance of citizens (compulsory personal insurance) is established in the following cases:
a) as security professional activity persons whose work is associated with risk (for example, private detectives);
b) as a means of ensuring the life and health of citizens in contact with sources of increased danger (for example, passengers).

Compulsory insurance of property of third parties is provided for in cases where the law imposes such an obligation on persons whose activities are related to the possession of other people's property (for example, a pawnshop).

Compulsory insurance of civil liability in cases of damage and failure to fulfill obligations is established by law in the following cases:
a) in relation to persons carrying out activities on a professional basis for the provision of services to third parties (notaries, appraisers, auditors, arbitration managers, etc.);
b) in order to reduce social tension when causing harm to third parties (for example, as a result of a traffic accident);
c) as a financial guarantee of the proper fulfillment of an obligation (for example, in tourism activities);
2. Compulsory insurance should be carried out only when it is expressly indicated by law, which, in accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation of November 27, 1992 N 4015-I "On the organization of insurance business in Russian Federation"should contain provisions defining: subjects of insurance; objects to be insured; list of insured events; minimum size sum insured or procedure for its determination; size, structure or order of definition insurance rate; term and procedure for payment of the insurance premium (insurance contributions); validity period of the insurance contract; the procedure for determining the amount of insurance payment; control over the implementation of insurance; consequences of non-fulfillment or improper fulfillment of obligations by subjects of insurance; other provisions.

3. The law cannot impose on an individual the obligation to insure his life or health, since this would be contrary to the principle of the subjects exercising their rights at their own discretion ().

4. In cases stipulated by law or in accordance with the procedure established by it, legal entities that have property in economic jurisdiction or operational management that is state or municipal property may be assigned the obligation to insure this property in order to ensure the risks of its loss or damage. For example, during the temporary export of cultural property by state and municipal museums, archives, libraries, and other state repositories of cultural property.

In cases where the obligation to insure depends on the will of the parties, the provisions on compulsory insurance do not apply. This also applies to cases where compulsory insurance, although prescribed by law as general rule, but can be changed at the will of the parties (Articles 343, 637, 742 of the Civil Code of the Russian Federation).

5. The norms on compulsory insurance, adopted in order to implement the provisions of clauses 1 and 3 of the commented article, are contained, for example, in such laws as:
1) Federal Law of April 12, 2010 N 61-FZ "On the circulation of medicines", in Art. 44 of which it is provided that an organization that has received permission to organize a clinical trial of a medicinal product for medical use, is obliged, as an insured, to insure the risk of harm to the life and health of a patient as a result of a clinical trial of a medicinal product for medical use at its own expense by concluding a compulsory insurance contract. In this case, the object of compulsory insurance is the property interest of the patient associated with harm to his life or health as a result of a clinical trial of a medicinal product for medical use, and the insured event under the compulsory insurance contract is the death of the patient or deterioration of his health, including is a determination of disability, if there is a causal relationship between the occurrence of this event and the patient's participation in a clinical trial of a medicinal product;
2) Fundamentals of the legislation of the Russian Federation on notaries dated 11.02.93 N 4462-1, in Art. 18 of which it is established that a notary engaged in private practice is obliged to conclude a contract or contracts of civil liability insurance of a notary in the course of his notarial activities. A notary is not entitled to perform his duties and perform notarial acts without concluding an insurance contract. The object of insurance under a civil liability insurance contract is property interests associated with the risk of liability of a notary engaged in private practice for obligations arising from causing property damage to a citizen or legal entity who applied for a notarial act, and (or) third parties in the course of notarial activities. ;
3) Law of the Russian Federation of April 15, 1993 N 4804-I "On the export and import of cultural property", in Art. 30 of which it is determined that in the case of temporary export of cultural property by state and municipal museums, archives, libraries, other state repositories of cultural property, an application for the temporary export of cultural property is accompanied, among other things, by a document confirming commercial insurance temporarily exported cultural property with provision for all cases of insurance risks, or a document on state guarantee financial coverage of all risks provided by the host country of cultural property;
4) laws, where the conditions for insurance of civil liability for non-performance or improper execution obligations under the contract (see Article 932 of the Civil Code of the Russian Federation).

As part of the implementation of the provisions of the commented article, see also the list of applicable legislation specified in the commentary to Art. 927 of the Civil Code of the Russian Federation.

6. Court practice:
- determination of the Supreme Arbitration Court of the Russian Federation dated 04.07.2011 N VAC-7681/11;
- Decree of the Plenum of the RF Armed Forces dated June 27, 2013 N 20;
- Decree of the Plenum of the RF Armed Forces dated June 28, 2012 N 17;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 28, 2003 N 75;
- Decree of the Federal Antimonopoly Service of the Moscow Region of August 31, 1998 in case No. KA-A40 / 2002-98;
- Resolution of the Federal Antimonopoly Service of the East Siberian District dated November 17, 2005 in case No. A19-18117 / 02-25-7-Ф02-5636 / 05-С2.

Consultations and comments of lawyers on Article 935 of the Civil Code of the Russian Federation

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Official text:

Article 935. Compulsory insurance

1. The law may oblige the persons indicated therein to insure:

life, health or property of other persons specified in the law in case of harm to their life, health or property;

the risk of their civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

4. In cases where the insurance obligation does not follow from the law, but is based on a contract, including the obligation to insure property - on a contract with the owner of the property or on the constituent document of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article. and does not entail the consequences provided for by Article 937 of this Code.

Lawyer's comment:

The obligation to insure here and everywhere in Chapter 48 is understood as the obligation to conclude an insurance contract as an insured, i.e. this obligation is assigned to the person who must act as one of the parties to the insurance contract - the insured. Insurance is recognized as mandatory only when such obligation is established by law. In the cases provided for in paragraph 3 of Art. 935 of the Civil Code of the Russian Federation, insurance is also recognized as mandatory, established not by the law itself, but in the manner prescribed by law. If the obligation to insure arises from other grounds provided for in Article 8 of the Civil Code of the Russian Federation, insurance is not recognized as mandatory, i.e. failure to perform or improper performance of this obligation does not entail the consequences of Article 937.

The persons to whom the obligation to insure is assigned must be indicated in normative act that established compulsory insurance. The obligation to insure can only be established in relation to the interests listed in paragraphs 1 and 3 of Article 935, i.e. or in relation to the interests of persons who are not the insured, or in relation to the liability of the insured to other persons, or in relation to the property of state and municipal enterprises () and institutions (). In other words, compulsory insurance must in one way or another be connected with causing harm to other people's interests. The normative act that established compulsory insurance should define (clause 4 of Article 3 of the Law on the Organization of Insurance Business):

1) subjects of insurance;
2) objects subject to insurance;
3) a list of insured events;
4) the minimum amount of the sum insured or the procedure for its determination;
5) the amount, structure or procedure for determining the insurance rate;
6) the term and procedure for paying the insurance premium (insurance contributions);
7) validity period of the insurance contract;
8) the procedure for determining the amount of insurance payment;
9) control over the implementation of insurance;
10) the consequences of non-fulfillment or improper fulfillment of obligations by the subjects of insurance.

However, at present, many laws establish the obligation to insure, but not all of the listed 10 elements are defined. Moreover, many laws define only the first three of them (for example, Part 2 of Article 19 of the Law of the Russian Federation of March 11, 1992 No. 2487-1 "On Private Detective and Security Activities in the Russian Federation." Such an agreement cannot be forced and therefore cannot consider the indication in the law of the obligation to insure as an establishment of compulsory insurance.The insurance supervisory authority does not issue licenses for them as for compulsory types of insurance.Nevertheless, for tax purposes arbitrage practice recognizes such types of insurance as mandatory, and qualifies the corresponding insurance premiums as the costs of the insured for compulsory insurance provided for in

1. The law may oblige the persons indicated therein to insure:

life, health or property of other persons specified in the law in case of harm to their life, health or property;

the risk of their civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

Commentary on Article 935

1. Compulsory insurance is characterized by the fact that the law obliges a certain person to act as an insurant under a property or personal insurance contract.

2. In para. 2 p. 1 comment. Art. refers to the mandatory conclusion of property insurance contracts (Article 930 of the Civil Code) and personal insurance (Article 934 of the Civil Code).

Only life and health insurance of other persons (insured persons) determined by law can be mandatory in case of harm to their life and health, both by the insured and by third parties. The law cannot establish the obligation to insure one's life and health (clause 2 of the commentary on Art.). If such a law is adopted, then para. 2 p. 2 art. 3 GK. However, comment. Art. does not prohibit the establishment of compulsory life and health insurance for another person, but at his expense (for example, compulsory life and health insurance for a passenger - clause 2 of article 936 of the Civil Code).

As a general rule, it may be mandatory to insure property belonging to another person. However, by virtue of paragraph 3 of the comment. Art. unitary enterprises (Article 113 of the Civil Code), as well as state and municipal institutions (Article 120 of the Civil Code), in cases provided for by law, must insure property that belongs to them on the basis of the right of economic management or operational management.

3. In para. 3 p. 1 comment. Art. refers to the obligation to conclude liability insurance contracts (Articles 931 and 932 of the Civil Code). Only the risk of one's own liability can be insured. Examples of such insurance are compulsory insurance of civil liability of motor vehicle owners (Article 6 of the OSAGO Law) and liability insurance for causing harm during the operation of a dangerous vehicle. production facility(Article 15 of the Federal Law of July 21, 1997 N 116-FZ "On the industrial safety of hazardous production facilities" (as amended)) (SZ RF. 1997. N 30. Art. 3588).

4. Quite often, the contracts provide for the obligation to insure this or that object. So, for example, according to Art. 742 of the Civil Code of the parties to the contract building contract may provide for the obligation to insure the risk of accidental loss or accidental damage to the construction object. It is also possible to conclude preliminary contract on insurance between the future insured and the insurer (Article 429 of the Civil Code). However, the listed cases are not cases of compulsory insurance in the sense of comments. Art., and the absence of an insurance contract does not entail the consequences provided for by Art. 937 GK. The consequences of failure to fulfill the contractual obligation to conclude an insurance contract are established either by the contract itself or by law (for example, paragraph 2 of article 490 of the Civil Code).

ST 935 of the Civil Code of the Russian Federation

1. The law may oblige the persons indicated therein to insure:

life, health or property of other persons specified in the law in case of harm to their life, health or property;

the risk of their civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

Commentary on Art. 935 of the Civil Code of the Russian Federation

1. Compulsory insurance is a special means of ensuring public interests provided for by law.

To achieve this goal with the help of compulsory insurance, the following tasks are performed:

Firstly, prerequisites are being created for rendering assistance to citizens who find themselves in a difficult life situation in case of harm to their life and health;

Secondly, prerequisites are being created for the preservation of property belonging to third parties;

Thirdly, prerequisites are being created to ensure the stability of civil circulation in cases of harm or non-fulfillment of obligations.

Compulsory life and health insurance of citizens (compulsory personal insurance) is established in the following cases:

a) as a support for the professional activities of persons whose work is associated with risk (for example, private detectives);

b) as a means of ensuring the life and health of citizens in contact with sources of increased danger (for example, passengers).

Compulsory insurance of civil liability in cases of damage and failure to fulfill obligations is established by law in the following cases:

a) in relation to persons carrying out activities on a professional basis for the provision of services to third parties (notaries, appraisers, auditors, arbitration managers, etc.);

b) in order to reduce social tension when causing harm to third parties (for example, as a result of a traffic accident);

c) as a financial guarantee of the proper fulfillment of an obligation (for example, in tourism activities);

2. Compulsory insurance should be carried out only when it is expressly indicated by law, which, in accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation of November 27, 1992 N 4015-1 "On the organization of insurance business in the Russian Federation" should contain provisions defining: subjects of insurance; objects subject to insurance; list of insured events; the minimum amount of the sum insured or the procedure for its determination; size, structure or procedure for determining the insurance rate; term and procedure for payment of the insurance premium (insurance contributions); validity period of the insurance contract; the procedure for determining the amount of insurance payment; control over the implementation of insurance; consequences of non-fulfillment or improper fulfillment of obligations by subjects of insurance; other provisions.

In cases where the obligation to insure depends on the will of the parties, the provisions on compulsory insurance do not apply. This also applies to cases where the obligation of insurance, although prescribed by law as a general rule, can be changed at the will of the parties (Articles 343, 637, 742 of the Civil Code of Russia).

5. The norms on compulsory insurance, adopted in order to implement the provisions of paragraphs 1 and 3 of the commented article, are contained, for example, in such laws as:

1) Federal Law of April 12, 2010 N 61-FZ "On the circulation of medicines", in Art. 44 of which provides that an organization that has received permission to organize a clinical trial of a medicinal product for medical use is obliged, as an insurer, to insure the risk of harm to the life and health of the patient as a result of conducting a clinical trial of a medicinal product for medical use at its own expense by concluding a compulsory insurance contract . In this case, the object of compulsory insurance is the property interest of the patient associated with harm to his life or health as a result of a clinical trial of a medicinal product for medical use, and the insured event under the compulsory insurance contract is the death of the patient or deterioration of his health, including is a determination of disability, if there is a causal relationship between the occurrence of this event and the patient's participation in a clinical trial of a medicinal product;

2) Fundamentals of the legislation of the Russian Federation on notaries dated February 11, 1993 N 4462-1, in Art. 18 of which it is established that a notary engaged in private practice is obliged to conclude a contract or contracts of civil liability insurance of a notary in the course of his notarial activities. A notary is not entitled to perform his duties and perform notarial acts without concluding an insurance contract. The object of insurance under a civil liability insurance contract is property interests associated with the risk of liability of a notary engaged in private practice for obligations arising from causing property damage to a citizen or legal entity who applied for a notarial act, and (or) third parties in the course of notarial activities. ;

3) Law of the Russian Federation of April 15, 1993 N 4804-1 "On the export and import of cultural property", in Art. 30 of which it is determined that in the case of temporary export of cultural property by state and municipal museums, archives, libraries, other state repositories of cultural property, an application for temporary export of cultural property is accompanied, among other things, by a document confirming commercial insurance of temporarily exported cultural property, ensuring all cases of insurance risks , or a document on the state guarantee of financial coverage of all risks, provided by the country accepting cultural property;

4) laws, where the conditions for insurance of civil liability for non-fulfillment or improper fulfillment of obligations under the contract are fixed (see Article 932 of the Civil Code of Russia).

As part of the implementation of the provisions of the commented article, see also the list of applicable legislation specified in the commentary to Art. 927 of the Civil Code of Russia.