The Problems of Insurance Companies’ Responsibility for Obligations of Insurance Contracts of Vehicle Owners’ Civil Liability

Abstract

Problem setting. Until quite recently, Ukraine underwent a process of the insurance market renewal after the 2008 financial crisis. Its development is hampered by a lack of regulatory control of the insurance sector, in particular the lack of legal enforcement of insurance contracts with insurers, namely payment of compensation. Analysis of recent researches and publications. Selected issues of compensation payment have been examined by such scholars as E. Sh. Gareev, V. V. Elbreht, K. V. Shelehov, V. D. Bigdash, O. M. Spaska, I. B. Chaikin. The question of determining the amount of insurance compensation have been considered by R. D. Vasylyshyn, O. L. Kashenko, V. A. Borysova, O. V. Zaremba. A number of questions about the responsibility of the insured have been studied by R. Demchenko, O. Lyuber. However, comprehensive legal research of compensation payment procedure is currently missing. Paper objective. The aim of the article is the analysis of particular questions of compensation payment procedure under the insurance contract related to the determination of insurer liability in case of violation of this procedure. Target of research. At present there is no single legal act which would completely established the procedure of compensation payment, however analysis of the legislation of Ukraine allowed determining the legal procedure for obtaining insurance payments and allowed to explore some insurer liability in case of violation of this procedure. Currently, according to the legislation in force, the amenability of the insurer is possible only in the case of late insurance payments (refunds). However, none of the dispositions of the legislation provides the amenability for noncompliance with other obligations, established by legal norms. Therefore, in order to protect the rights of assurers it should be clearly provided a range of sanctions to prevent the failure of stages of compensation payment. Therefore, we consider it necessary to introduce administrative and economic sanctions and measures of organizational and legal matters. Conclusions of research. In summary, it should be noted that the actual legal procedure of insurance payment reimbursement isn’t clearly regulated now; the legislation does not provide insurers liability. In our opinion, it is necessary to on the legislative level secure the insurer amenability for failure or improper fulfillment of all obligations defined by legal norms. Furthermore, among the urgent needs is the question of controlling bodies’ system formation, which will monitor and determine the amount of insurers’ amenability.