动物保险作为强制性险种的法律规制若干问题

I. Horislavska
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摘要

土地保险是农业,特别是农业国家赖以生存的先决条件。目前,农业生产面临着严峻的气候、经济和生物挑战。保险应该成为一种工具,有助于平衡农业保险关系中所有参与者之间的风险,减少对农业生产和国家生活水平的不利影响。由此出发,本研究的目的是探讨动物保险作为强制性险种的法律监管问题,并概述此类险种的发展前景。研究这一问题的方法是通过对国家现行立法的分析,认为我国对动物保险的法律规制符合国家规定的条件。本研究在分析家畜保险程序法规的基础上,探讨了该类保险法律规制中存在的问题,并提出了消除冲突的方法。对确定强制保险动物名单存在的问题进行了探讨,并提出了解决问题的途径。本文在乌克兰《关于国家支持农产品保险的具体规定》的法律框架下,分析了动物保险合同保险风险范围的法律扩大问题。对育种动物保险领域法规的修订建议将协调相应的立法,并提高监管部门、相关产品消费者和保险公司对育种动物的认识。本文的研究资料对进一步研究动物保险法律规制、完善动物保险法律规制、发现国家法规中的新问题具有一定的实用价值。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Some issues of legal regulation of animal insurance as a compulsory type of insurance
Agrarian insurance is a prerequisite for the existence of agriculture, especially for agrarian countries. The present puts before agricultural production serious climatic, economic, and biological challenges. Insurance should become a tool that will help balance risks between all participants in agrarian insurance relations and reduce the adverse impact on agricultural production and the standard of living in the state. Proceeding from this, the purpose of this study was to investigate the issue of legal regulation of animal insurance as a compulsory type of insurance and outline the prospects for the development of such types of insurance. The method for investigating this issue was the analysis of the current national legislation, which suggested that the legal regulation of animal insurance meets its conditions in national regulations. Based on the analysis of regulations governing the procedure for insurance of farm animals, the study examined the problematic issues and suggested ways to eliminate conflicts in the legal regulation of this type of insurance. The problems of determining the list of animals subject to compulsory insurance were investigated and ways to solve them were proposed. The paper analysed the issue of legal expansion of the range of insurance risks for animal insurance contracts within the framework of the Law of Ukraine “On the Specifics of Insurance of Agricultural Products with State Support”. The proposed amendments to the regulations in the field of breeding animal insurance will harmonize the corresponding legislation, as well as improve awareness of breeding animals for regulatory authorities, consumers of relevant products and insurers. The materials of this paper are of practical value for further research of the legal regulation of animal insurance, their improvement, and identification of new issues in national regulations.
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