The legal nature of compulsory insurance: the ratio of public law and civil aspects

Abstract

The purpose of this study is to study the legal nature of compulsory insurance, to identify the relationship between public law and civil aspects. The analysis makes it possible to reveal the institution of compulsory insurance, the legal regulation of which includes norms of a public-legal and private-legal nature. 

The author studies and analyzes in detail a number of normative legal acts containing articles directly aimed at consolidating the norms of public law in the field of compulsory insurance. In addition, the civil aspect of compulsory insurance is shown and argued, although not so significant. The purpose of establishing compulsory insurance is disclosed in detail, what relationships arise during compulsory insurance, what legal norms they are regulated by.

The novelty of the presented scientific research is determined by the fact that a feature of the legal nature of compulsory insurance, including public law and civil aspects, has been argued. It is in compulsory insurance that public-legal relations prevail, where the purpose of regulation is more of a public nature, since ensuring the social interests of the country's population is the primary task of public administration in general, including compulsory insurance. In order to eliminate the identified contradictions in the regulation of compulsory insurance, it is proposed to consolidate in the Law on the Organization of Insurance Business in the Russian Federation a separate chapter directly devoted to compulsory insurance, containing the basic terms and provisions.  It is necessary to exclude from Law No. 4015-1 the norms directly regulating contractual conditions in the field of compulsory insurance and place them in Chapter 48 of the Civil Code of the Russian Federation and in special laws on the regulation of certain types of compulsory insurance.