俄罗斯联邦 MTPL 保险的法律监管问题

Oleg Sergeevich Rybka, Natalya Aleksandrovna Lyapustina
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引用次数: 0

摘要

本研究的主题是俄罗斯联邦有关 CTP 的法律规范,以及对这些规范的解释和适用这些规范的司法实践。在工作过程中,作者揭示了汽车保险框架内保险关系的性质,同时也发现了 CTP 领域目前存在的许多问题,即: 1:对保险组织处罚框架内的监管存在争议,俄罗斯联邦最高法院取代了立法权;法院和财务专员忽视申请人滥用权力的问题,包括未能提供适当的证明文件;与引入恢复性维修这种赔偿形式有关的问题;与超额处罚有关的问题,以及保险业中的欺诈问题。在这一科学研究框架内,作者使用了普遍辩证法、逻辑学、形式法律学和诠释学等科学认知方法。作者对该研究课题的一个特殊贡献是指出了 CTP 领域的法律监管和执法问题,这些问题以前在科学界未曾受到关注,而作者既依靠司法实践和个人职业经验,也依靠科学文献。在研究过程中,作者得出结论认为,CTP 领域的法律规定并不完善,有些问题可以通过修订现行法律来纠正。但与此同时,作者强调,在追求其中一个问题的完美时,包括在防止欺诈行为的框架内,没有必要忽视可能受到影响的公民的权利和自由。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Problems of legal regulation of MTPL insurance in the Russian Federation
The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
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