One of the real manifestations of the state’s concern for the population is compulsory insurance. Obligation is manifested in the fact that certain categories of citizens, on the basis of a special normative act, must be insured regardless of their will. The compulsory includes social, medical insurance, state insurance, OSAGO, insurance of passengers and the liability of the owner of a hazardous facility. Such species are designed to protect, at the same time, the entire society and its individual member.
What it is
Most modern states, including Russia, position themselves as social.
“Sociality of the state” means the focus of its activities on caring for people, their health, safety, material well-being.
However, it is not enough to simply fix the definition of the state as social in the Constitution; real guarantees must be created. One of the existing forms of state care for the population is compulsory insurance.
Compulsory insurance (OS) is a type of insurance relationship arising by virtue of the law.
It is possible to highlight such excellent properties of compulsory insurance as:
- Obligation. For each type of OS, a law has been developed that establishes a list of policyholders. And if a person belongs to this list, his desire or unwillingness does not matter.
- Inclusiveness. Anyone falling under the statutory category must be insured.
- Indefinitely. As long as the law is in force, insurance is compulsory for these categories.
- Imperativeness. The list of insured events, conditions, amount of payments, rates – all this is determined by the relevant law, and not by the contract.
- Responsibility for evasion.
Depending on the nature of the protected interest, the following types of compulsory insurance are distinguished:
- when transporting passengers;
- civil liability of the owner of an object with an increased level of danger.
What needs to be insured
Why do these types of compulsory insurance exist? You can answer that on the basis of voluntariness, no insurer would agree to deal with them due to unprofitableness.
But the fundamental reason lies elsewhere: there is a social need for that. Society objectively needs protection of the most significant interests, such protection that can only come from above. Therefore, the state in specific cases simply cannot abstract and remain indifferent.
Let’s take a closer look at the interests underlying each type.
Medical… By far the most common type of insurance. Compulsory medical insurance provides an opportunity to receive free medical assistance by any person – the owner of the compulsory medical insurance policy.
You can make as many complaints as you like that there is a very small range of medical services under the policy, and the quality leaves much to be desired.
But if you think about it, then the compulsory medical insurance program should not include all kinds of services. It should provide unhindered access to treatment for any person in the main existing medical areas. By “any” is meant not only a citizen of the country, but also a stateless person, refugee, foreigner.
It is no coincidence that the program is called “Basic” or, as it is often called, Minimum. Having attached to the policlinic according to the policy, you can always go to an appointment with a therapist, take tests, go through the direction of examination, for example, ultrasound, cardiogram. Services of narrowly focused specialists, for example, an oncologist, an endocrinologist, a surgeon, are also included in the policy. And, in the end, a good range of opportunities for free treatment is recruited.
In addition, the policy is valid throughout Russia, which will come in handy if the disease is caught by surprise on a business trip, on vacation or on a visit.
State… Based on Article 969 of the Civil Code of the Russian Federation, the state establishes the OS of life, health and property of certain categories of civil servants.
In fact, this type of insurance includes not only civil servants, but also other persons whose professional duties involve risks for themselves or for 3 persons. Therefore, compulsory state insurance applies to military personnel, employees of internal affairs bodies, employees of prisons and colonies, judges, arbitration assessors, etc.
In this case, the insured is the ministry or the IW (federal) body. Funds come from the relevant budget. In fact, the insured person does not even participate in this relationship.
As the Constitutional Court has repeatedly noted, even if the state, represented by its bodies, has delayed the payment of the premium, the insurer is still obliged to pay the due insurance amount to the insured person. This provision is dictated by the norms of both the special federal law regulating the activities of the insured person and the norms of the Constitution. This emphasizes the special importance of protecting and protecting the interests of people who risk their health and life for the benefit of society.
Social… This type of insurance is aimed at the minimum material support of people who have lost all or part of the opportunity to earn independently due to age, injury or illness. Any civilized state is unthinkable without social insurance.
Compulsory social insurance includes:
- Pension. The monopolist in the field of compulsory pension insurance is the Pension Fund. The pension consists of the insurance part, depending on the length of service and accumulated points, and from the funded part, depending on the deductions made.
- From accidents and occupational diseases.
- Temporary or permanent disability. The insurer in these cases is the Social Insurance Fund.
OSAGO… Civil liability insurance, that is, for harm caused to third parties, a common sub-institute of insurance, both compulsory and voluntary insurance…
According to the policy, the insurance company will pay for damage caused to the life, health or property of other persons in an accident with the participation of the insured.
Any car owner knows that you cannot drive without a policy. OSAGO does not distinguish between deputies and unemployed, those who received their rights yesterday and those who have been driving for 20 years. A car involves a significant risk for others, so there is no CTP policy – walk on foot.
Carriage of passengers… The next time you are lucky enough to travel by public transport, pay attention to the inconspicuous piece of paper “Passenger insurance…. carries out … “followed by the name of the insurer.
That is, the life and health, as well as the property of any passenger are insured.
Hundreds and thousands of Russians use the services of carriers every day. Of course, the state could not fail to notice the social need for this type of insurance.
In accordance with the Federal Law “On the OS of the carrier’s civil liability”, passengers must be insured:
- buses, trams, trolleybuses, route taxis;
- water and railway transport;
The law establishes the amount of insurance payments and the procedure for obtaining them. For example, for a broken leg, you can receive a payment in the amount of more than 200 thousand rubles. For this, medical certificates with a diagnosis, documents confirming the purchase of drugs, and also passed an examination must be collected.
Transportation in a passenger taxi is not regulated by this regulation.
By the way, the main confirmation of injury during transportation is a passenger ticket. So the phrase “keep your tickets until the end of the trip” is not an empty phrase.
Civil liability of the owner of an object that presents a significant hazard.
Seriously speaking, the operation of some objects, for example, metallurgical enterprises, nuclear power plants, mines, fuel and lubricants warehouses, etc., poses a huge potential threat to others. And only civil liability insurance will be able to provide a commensurate payment to the injured third persons and employees.
The importance of such insurance is so great that the Law prohibits the commissioning of a hazardous facility until the owner concludes an agreement with the insurer.
Compulsory insurance can be considered as one of the forms of social protection of the state.
The state commits itself to the responsibility to protect the most essential public interests, therefore it introduces the obligation into the usual system – the policyholder-insured person-insurer. Compulsory insurance includes those types that allow you to protect the fundamental interests of both the person himself and those around him. Therefore, the obligation to insure must be fulfilled unconditionally.