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§ 1. Understanding of risks in property sphere

For today in jurisprudence debatable there is a question on concept of a peril insured, pravoprimenitelnaja practice also does not testify to unequivocal understanding of the indicated term. The attention was repeatedly paid to various variants of interpretation of the term "risk" in legal литературе.5 About an origin of the term "risk" too it is possible to meet not one point of view.

Is available, for example, that the term "risk" occurs from an Ancient Greek word «risikon» – утес.6 V.J.Abramov writes opinion that a word the risk occurs from the Italian word «risco», designating

To "manoeuvre".7

Distinction in interpretation of many insurance terms, including distinctions in understanding of the term "risk", introduces uncertainty of regulation of insurance relations and generates distinctions in pravoprimenitelnoj activity.

For proper legal regulation of property insurance relations finding-out of essence of risk in property sphere and revealing of features of risk in the agreement of property insurance is necessary.

With the purposes of understanding of variety of existing sights at a category

"Risk" we will result only some variants of interpretation of the indicated concept.

So, for example, V.I.Serebrovsky, noticing, that concept of a peril insured

5 See: Kovalevsky N.S.legal the contents of the beginning of reciprocity in commercial insurance and its basic precondition – a peril insured//the Code info. - 2006. - № 11-12. - With. 20-22; Serebrovsky Century And. The selected works on hereditary and to a law of insurance. - 2 izd. ispr. - M: the Status, 2003. - S.497-502.

6 Lazutkin V. A. Concept and essence of risk in insurance pravootnoshenijah: the general sight at a problem//the Legal journal. - 2009. - № 2. - with. 44.

7 Abramov V. JU. Insurance: the theory and practice. / V.J.Abramov. - M: Volters Kluver,

2007. - WITH. 318.

It is used in various significances, results some possible variants of understanding of this term:

1) risk it is possible to understand as event on which approach payment of insurance compensation (for example, at insurance upon fire) depends;

2) other understanding of risk consists that the risk is understood as possibility or probability of approach of event which threatens property or the person (for example, the risk of a fire). In this sense the risk represents itself relative concept as it can be changed;

3) probably to consider risk as necessity to bear unprofitable consequences possible, but thus unknown event;

4) other sights at risk are possible also. For example, sometimes consider risk as a limit of unprofitable consequences of insured accident (to bear risk in 8000 rbl.). There is an understanding of risk as possible economic disadvantage of the separate bargain; besides, in some situations under risk mean property or any person (for example, acceptance on fear of risks: structures, people).8

J.B.Fogelson also writes about uncertainty of the term "peril insured" and about different significances which are given to this term in the literature, indicating what, first, probably to consider risk as consequence of approach of insurance event (for example, losses), secondly, probably to consider risk as insurance event, on which case of approach insurance is made (for example, motor vehicle abduction), thirdly, probably to use the term "risk" in significance of probability of that insurance event произойдет.9

At this J.B.Fogelson in work «Introduction in a law of insurance», published in 2001, writes that as in texts of laws there is a use

The term "risk" in different significances, to participants of insurance relations not

8 Serebrovsky V.I.Ukaz soch.

S.497-503.

9 Fogelson JU.B.introduction in a law of insurance. / J.B.Fogelson. - 2 izd., the reslave. And dop. - M: JUrist, 2001. - With. 22.

It is necessary to use it the term in insurance agreements not to create soil for disputes and двусмысленности.10 it is necessary to notice, that subsequently J.B.Fogelson in other monography has offered a variant correct, in its opinion, understanding of risk, namely has indicated, that it is possible to define a peril insured as the possible tresspass as a result of effect of certain danger with allowance for likelihood characteristics of causing of this harm of this опасностью.11 Is necessary to notice, that to the author of the present dissertation the given concept of a peril insured from all definitions of risk considered above, it is represented to the most preferable as it contains a sight at risk as on the difficult phenomenon containing in the structure of some elements.

In connection with consideration of a question on various variants of interpretation of a category "risk" V.A.Lazutkina's remark that the term "risk" in psychology is connected with three directions of researches is of interest also:

- Risk as a measure of expected failure in activity;

- Risk as action which threatens the subject with certain losses;

- Risk as a situation выбора.12

It is represented, that all variants of understanding of risk resulted above in the present paragraph, except for the peril insured designated above definition presented by J.B.Fogelsonom in its late monography, reflect only any certain party of such difficult phenomenon as risk. According to the author of the present dissertational research, the risk represents the phenomenon many-sided. Accordingly, risk definition should reflect the different parties of this difficult phenomenon, and not just one its any side.

Occurrence of risk at the person means occurrence of a brave situation.

Risk consideration in the agreement of property insurance as the brave

10 In the same place. With. 23.

11 Fogelson JU.B.law: theoretical bases and application practice:

The monography / J.B.Fogelson. - M: norm: Infra Th, 2012. - With. 133.

12 Lazutkin V. A. The decree. soch. With. 44.

The risk as the many-sided concept including not only actually possible dangerous event allows to study situations, but also it is obligatory its consequences which are in a direct relationship of cause and effect with this event.

Any brave situation is characterised by uncertainty of its outcome. The availability of risk testifies that there is a situation which result can have negative consequences for the risking person, or not to result to any (the risk is not realised), or, in some cases, to lead to a positive outcome.

It is necessary to notice, that in the economic literature the category "risk" is often defined through the term "uncertainty", but also it is possible to meet and opinion, that categories "risk" and "uncertainty" should be differentiated all the same. So, for example, E. P.Enina indicates, that the risk characterises such situation when approach of unknown events rather possibly and can be evaluated quantitatively, and uncertainty - when probability of approach of events in advance to evaluate невозможно.13

A.A.Tjagunov, for example, writes about research by the American economist Frenkom Knight of a parity of uncertainty and risk and thus indicates, that Frenk Knight suggests to distinguish izmerimuju uncertainty and immeasurable uncertainty and to use for a designation izmerimoj uncertainty the term "risk", and for a designation of immeasurable uncertainty – the term "uncertainty".14

According to the aforesaid the author of dissertational research considers possible to agree, that terms "risk" and "uncertainty" not

Are completely identical concepts.

13 Enina E.P.management risks and insurance. CH. 1: Management of risks: studies. The allowance / E. P.Enina, G.A.Lavryonova. - Voronezh: GOUVPO «the Voronezh state technical university», 2007. - With. 8.

14 Tjagunov A.A.risk, uncertainty, contingency. Methodological questions of insurance activity. - M, 1999. - With. 15.

Because the concept "risk" and a category "peril insured", correspond as the general and private, probably to note the first characteristic sign of the risk insured under the agreement of property insurance:

1) existence of an uncertain situation in which there is a character which outcome for its property interests cannot be unequivocally defined.

Further probably to allocate the second line of considered risk:

2) the obligatory availability at a character of insurance property interest, on which risk influences at realisation.

So, it is possible to speak about insurable risk existence not in each case when there is any property interest mentioned at realisation of risk but only in a case when the insurable interest takes place, that is the property interest corresponding to certain special signs. The insurable interest is present only at that person who will directly have property losses from risk realisation. The availability of an insurable interest is the necessary precondition for an establishment insurance pravootnoshenija. The separate paragraph of the present master's thesis is devoted features of the property interest protected under the agreement of property insurance, and insurable interest definition.

The following line of risk:

3) transmitted under the agreement of property insurance the risk in case of its realisation always assumes reception only negative result (approach of adverse property consequences).

In property sphere there are various risks which at realisation can attract needs, the loss, and in some cases can entail as well profit.

That is, if obobshchenno to speak about all brave situations it is possible to ascertain, that at realisation of risk interests of the risking person can be

Are mentioned either in a positive side, or in a negative side. Accordingly, any risk assumes availability of a situation at which approach of event which will infringe on interests of the risking person (in positive or in a negative side) is possible.

Property insurance has for an object to compensate negative results of realisation of risk, but it does not pursue the aim to make for the insured profit. On insurance any risk, namely such which at realisation will have negative result for property interests of the risking person starts not. Insurance represents a measure of economic protection against risk.

Risks depending on possible result of their realisation can be subdivided on pure and speculative: pure risks assume possibility of reception of negative result or mean possibility to receive zero result; speculative risks mean possibility of reception by the insured and positive последствий15.

It is necessary to notice, that risks is present at many lines of business of the person. Games and a bet, for example, also assume uncertainty. The prize or loss can become result, for example, games. In the given example, besides possibility of positive result, it is necessary to notice also that fact, that the risking subject meaningly creates for itself a brave situation, that is itself puts itself in an uncertainty situation, having thus hope of a positive outcome of a situation. In connection with the noted it is necessary to agree with R.J.Korzheva's statement that for insurance actions are unacceptable, on which individuals voluntary go in hope of speculative profit (for example, lotteries, the bet).16 Follows

To notice, that at players insurable interests are absent. Of

15 See: Ginzburg R. F. Risk management and insurance: studies. The allowance. - Volgograd: VolgGTU, 2005. - With. 30.

16 Korzhev R. JU. Insurance of risks of managing subjects: the Monography. - M: information-Vnedrenchesky centre "Marketing", 2007. - With. 47.

Distinctions between insurance and gambling, for example, Bekkin R. I among the list of differences also notices that fact, that the player moves desire of profit taking, and the insured expects for reception of financial protection in case of loss approach; are called as the indicated author and some others отличия17.

In connection with considered third line of a peril insured, it is represented A.G.Savin interesting the note on risks in enterprise activity which regards necessary to divide risk of business and risk of losses from enterprise activity because of infringement of the obligations by counterparts of the businessman or because of change of conditions of this activity on the circumstances which are not dependent from предпринимателя.18

It is necessary to notice, that dogovory property insurance can be widely used in commercial sphere, supplying with protection of operation of businessmen on various kinds of bargains.

As the risk represents a version of an uncertain situation which, in turn, has the extent in time this fact predetermines possibility of search of certain methods of management of such situation. Accordingly, it is necessary to note one more line of the risk insured under the agreement of property insurance:

4) the insurable risk should have properties of probability and contingency and to be operated means of insurance.

Probably to subdivide risks on operated by means of insurance and

Uncontrollable (from which are not protected by means of insurance). In

17 Bekkin R. I. Insurance in the Muslim right: the theory and practice. – M: Publishing house "Анкил", 2001. - With. 55-56.

18 Savin A.G.insurance of risks of enterprise activity in system of property insurance: legal aspect (tsivilistichesky the approach). – Volgograd: Publishing house VolGu, 2010. - With. 27.

To the literature them sometimes name "insured" and "not insured" рисками.19

It is necessary to carry the casual and estimated likelihood risks which insurance is possible and expedient to risks operated by means of insurance. Thus it is necessary to notice, that the given division it is brave conditionally enough, and risks containing in given groups in some cases can pass from one group in other.

About A.A.Tjagunov's uncontrollable risks fairly indicates, that the similar concept is rather new, and its occurrence is obliged to comprehension by people of the fact, that insurance acts not only the safety factor, but also bears in itself risk; at this A.A.Tjagunov gives an example, that in Shanghai insurance of a damage upon earthquake will force to revise the urban budget, and in this case it will be comparable to results of natural accident which thus can and not наступить.20

Not any risk is possible and expedient for operating by means of insurance. There are brave situations which optimum to operate by means of other methods. For example, in a certain situation use of insurance methods of protection because of expenses of certain time for an establishment of availability of insured accident, for procedure of realisation of insurance indemnity and other can be represented to the inexpedient.

Rules of law about insurance are necessary for evaluating and analyzing from the point of view of economy. A.J.Bushev, for example, writes about a special method of research in a legal science and legal practice: about a method of economic analysis legal институтов.21 it is necessary to agree with A.J.Busheva's opinion that right and economy communication is established through the relation to risk of the public power and private persons that, most likely, in that case will be

To act legal institute if methods of minimisation of risks are

19 See, naprim., Enina E.P.decree. soch. With. 17.

20 Tjagunov A.A.decree. soch. With. 24.

21 Bushev A.JU. To a question on the legal doctrine of risks//Actual problems of a science and practice of the commercial right. - 2005. - Vyp. 5. - With. 117.

Are preferred from private persons, and also from regulators

(The public power).22

As to property of probability and contingency of risk it is necessary to note the following:

Probably to agree with V.I.Serebrovskim, that for definition of possibility or impossibility of approach of event of the decisive the objective point of view, that is the point of view peculiar under corresponding circumstances any reasonable and expert человеку.23 should be

It is necessary to notice, that such dangerous phenomenon, about possibility and which probabilities earlier nobody knew, for example, can sometime arise and be realised. The probability of risks accepted on insurance should give in to account as insurance activity is based on certain mathematical calculations. In the legal literature it is fairly noticed, that insurers use in the activity statistical supervision, various таблицы.24

Speaking about probability and contingency, A.A.Tjagunov correctly pays attention that when insure the car belonging to the concrete person probability of this event directly to define from failure it is not obviously possible, as such event has no relative frequency, and on it there is no corresponding statistics in this connection, for example, it is necessary to use statistical tables for account of average significances of failures of means of transport. At this A.A.Tjagunov notices, that when speak about probability of any separate event mean

Thus probability of a certain class of casual mass events, to

22 In the same place. With. 137.

23 Serebrovsky V.I.Ukaz. soch. With. 497.

24 See: the Law of insurance: the textbook for students of the high schools trained on a speciality

"Jurisprudence" / under the editorship of V.V. SHahova, V.N.Grigoriev, A.N.Kuzbagarova. – 3 izd., the reslave. And dop. - M: It juniti-is given; the Law and the right, 2009. - With. 104; V.V. Shahs., Medvedev V. G, Millerman Ampere-second. The theory and management of risks in insurance. - M: the Finance and statistics,

2003. - WITH. 26 – 27.

To which this concerns separate событие.25

It is necessary to notice, that in item 928 GK the Russian Federation the legislator forbids to insure certain interests against risks. So, for example, insurance of costs to which with the purposes of clearing of hostages the person can be forced, is not supposed.

V.J.Abramov allocates such sign of risk as "subjectivity", indicating thus, that the prospective danger, capable to cause a property damage, acts as a subject of psychological experience of the subject of the right, associates at it with negative consequences, as involves this person in a condition риска.26 Really, property insurance is carried out in those situations which associate with approach of negative consequences. But psychological experiences of the subject of the right play the role, mainly, in a question on the conclusion of the insurance treaty and are important also for definition of availability of property interest at insurance. Considering the characteristic lines of the risk transmitted under the agreement of property insurance designated in the present dissertation, there is no necessity to allocate a subjectivity sign.

Speaking about peril insured existence, we mean availability of a situation at which event which the actual occurrence will necessarily entail infringement of the insured property interests is possible.

If to treat in the agreement of property insurance insurance event as a certain phenomenon which is only capable to infringe property interests, but unessentially them will infringe, at such understanding of insurance event the risk should not be identified with insurance event. It is necessary to underline, that at the moment of the conclusion of the agreement of property insurance insurers, insureds do not know about, whether will come

Certain event, they do not know about, whether there will be any harm actually

25 Tjagunov A.A.decree. soch. With. 71-72.

26 Abramov V. JU. The decree. soch. With. 320.

It is caused by corresponding event. Thus the person, concluding the agreement of property insurance, feels fear not so much from the event, how many from its consequences.

Also it is necessary to notice, that terms "danger", «dangerous event» if and probably to use for the description of the event at the peril insured characteristic only for property insurance as in personal insurance the peril insured influences property interests, but not always thus it is a question of harm, about losses. For this reason in the present research the author considers possible to consider any risk as an uncertain situation at which approach of the event infringing on interests of the person is possible.

With allowance for all aforesaid probably also to formulate concept of the risk transmitted under the agreement of property insurance:

Transmitted under the agreement of property insurance the risk represents such uncertain situation which is expedient for operating by means of property insurance and which is characterised by that approach of the certain casual event attracting infringement of insurance property interests of this person is probable for the person.

It is necessary to distinguish concepts "insurable risk" and "peril insured". The Insurable risk is a risk which can be insured within the limits of property insurance. The peril insured represents risk in connection with which existence the insurance agreement is already concluded. Availability of the term

"Peril insured", according to the author of the present dissertational research, it is necessary to separate the risks insured under the insurance treaty and risks, not falling as action of the insurance agreement. The peril insured represents an uncertain situation which actually copes by means of insurance, and, thus, existence, development of such brave situation is carried out in certain legal frameworks, subordinated to certain legal requirements.

Insured under the agreement of property insurance the risk at realisation always infringes the insured property interest. Therefore the peril insured in the agreement of property insurance should be defined as an uncertain situation operated by means of insurance at which approach of the event attracting infringement of insured property interest is possible.

It is necessary to notice, that the above-stated concept of a peril insured of the agreement of property insurance reflects in itself not only event, but also necessarily negative consequences of such event, causally - investigatory communication between them.

Thus, following the definition of a peril insured offered above, it is possible to ascertain, that it is impossible to say that provided by the agreement of property insurance the risk was realised, infringement of the insured property interest has not followed yet.

It is necessary to notice, that about a parity of categories "peril insured",

"Insured accident", «insurance event» it will be told more in detail in the paragraph of the dissertation devoted to risk and insured accident.

Of concept of risk it is necessary to pay attention to an interesting sight at risk at V.A.Ojgenzihta who understands risk as a subjective category as the subjective basis of responsibility. V.A.Ojgenziht writes that the risk can exist in parallel with fault, and also probably joint with fault risk existence (as mental relation of the person to result of the actions or to result of actions of other persons, and also to result of the events, expressed in the realised assumption of negative property consequences).27 V.A.Ojgenziht is done by a conclusion that the risk is the responsibility basis under the casual illegal circumstances connected with actions prichinitelja of harm, in the relation

Which prezjumiruetsja an assumption it of possibility of such consequences, and also

27 Ojgenziht V. A. A risk problem in civic right. A part the general / V.A.Ojgenziht. -

Dushanbe: Irfon, 1972. - With. 77.

The indicated author believes, that the risk is the basis of putting on of losses in a case when is absent protivopravnost under objectively casual either objectively impossible circumstances or the loss is admitted by lawful actions субъекта28.

In connection with V.A.Ojgenzihta's above-stated point of view it is necessary to notice, that at such understanding of risk responsibility for wrongful behaviour at which the risk (as the corresponding mental relation of subjects) will simultaneously take place both fault, and is possible. As it is represented, at similar understanding of risk in general it is very difficult to draw an accurate side between risk and fault. At an estimation of behaviour of the concrete person about availability or absence of such risk the subjective approach of the person evaluating behaviour will take place. At such understanding of risk (as mental relation of the person to results of the actions or to results of actions of other persons, and also to result of the events, expressed in the realised assumption of negative property consequences) this concept can be applied everywhere and very widely, that also can lead to the most unexpected consequences. It is received, that at similar understanding of risk practically in any situation it will be possible to draw a conclusion on availability of risk as the bases of responsibility at each concrete subject. As are possible at such approach to a risk category such situations when risk and wines of the person are present at one illegal action in our opinion, also it is received, that the risk should not be considered as a special specific kind of the basis of responsibility. Besides, if nevertheless, despite the circumstance noted by us to try to consider risk as the indicated subjective category wines and risk in that case should be in different legal planes. In our opinion, if to consider risk as the subjective basis of compensation of harm it is not represented clear, such subjective basis how influences a choice of a method

Reimbursements. Besides, very often any negative property

28 In the same place. With. 216.

The consequence can be supposed not only one person.

Further V.A.Ojgenziht writes, that the risk can be big in that case when approach of negative consequences of an objective case too really, and the risk can be small when approach of its negative consequences маловероятно.29 In our opinion, the similar statement allows to assert, that the risk in understanding of the indicated author is directly connected with any objectively possible event, depends on this prospective event. Also it is received, as at such understanding the risk depends on various external objective factors, from change of these factors. Thus it is necessary to notice, that if to consider risk only as an assumption the person of possibility of negative consequences something the increase in a reality of approach of negative consequences of an objective case in this sense should mean increase in the indicated assumption (risk increase). But the similar increase in an assumption far not always is obligatory. Approach of any circumstances attracting increase of a reality of approach of an objective case about which the concrete subject (for example, change of weather in any in certain fire-dangerous district) does not know is possible. Accordingly, the increase in a reality of approach of negative consequences of an objective case (fire) will increase in such situation, but it will not affect the size of an assumption the person of possibility of negative consequences of an objective case who in a considered example will not increase. Also, for example, the increase in quantity of inhabitants of any settlement (possible victims in the future of any event) far will not necessarily entail increase in the above-stated assumption. We believe, that such increase in possible victims in the future of any event will entail change of the risk as categories, mainly, the objective. Risk - many-sided concept which characterises communication between possible event in the future and possible result

Corresponding event, and increase, for example, quantities of inhabitants in

29 In the same place. With. 77.

To dangerous zone (possible victims in the future of any event) will lead to change of possible consequences of certain event, and will testify, hence, to change (increase) in risk.

It is necessary to underline, that the author of the present dissertation adheres to understanding of the risk operated by means of insurance, as category objective, namely: as objectively existing uncertain situation. Thus it is necessary to notice, that is very frequent human activity is connected with certain risks: force majeure effect is possible, wrongful actions from the third parties and other are possible. Not casually there is an expression: «the Risk is always».

It is necessary to notice, that A.J.Bushev, for example, subdivides risks on objective and subjective: it carries to objective risks influencing approach of required result the circumstances characterised by known repeatability which do not depend on the concrete subject, appear usually at comparable and concerning equal conditions; subjective risks (probability) are characterised by features of perception the concrete person of objective risks who depends on many personal factors, for example, from formation, a nationality and других.30

It is necessary to notice, that is correct, according to the author of dissertational research, A.J.Bushev, arguing about risk, speaks about subjective factors. But, in our opinion, necessity of allocation of such kind of risk as subjective risk is nevertheless disputable. If to recognise independent simultaneous existence of subjective and objective risks insufficiently clear the interrelation of such two kinds of risk is represented all the same. It is represented, that the risk is a category, mainly, objective though various subjective factors frequently can influence it. Each brave situation is individual, and various

Subjective factors of the risking person (personal qualities and similar) frequently

30 Bushev A.JU.bas of management of risks in the right//Arbitration disputes. - 2008. - № 3

(43). - WITH. 86-87.

Are considered by the insurer, for example, at the conclusion of the insurance agreement, at an estimated risk. So, various personal factors can affect risk course, for the size of risk, on probability of realisation of risk, for the size of the expected consequences caused by possible realisation of a peril insured and so forth. All it testifies that the indicated subjective factors in certain situations can influence risk.

As to division by the legislator insured under agreements of property insurance of risks on kinds it is necessary to address to item 929 item 2

GK the Russian Federation and item 4 of item 6 of item 4 of the Law on the organisation of insurance business in the Russian Federation. The attention of item 2 of item 929 GK the Russian Federation where property interests are defined through the term "risk" draws. In item 2 of item 929 GK the Russian Federation it is indicated, that under the agreement of property insurance following property interests can be insured, in particular, namely:

1) risk of loss ( destruction), shortage, damage of certain property;

2) risk of a civil liability: risk of responsibility under the obligations arising owing to a tresspass of a life, health or property of other persons, and in the cases provided by the law, also responsibility under agreements;

3) enterprise risk: risk of losses from enterprise activity because of infringement of the obligations by counterparts of the businessman or change of conditions of this activity on circumstances not dependent on the businessman, including risk of non receipt of expected incomes.

The formulation of item 2 of item 929 GK the Russian Federation introduces mess, ambiguity to insurance terminology and should be changed.

The following exposition of indicated item 2 of item 929 is obviously possible

GK the Russian Federation: «Under the agreement of property insurance following property interests can be insured, in particular:

1) the property interest connected with loss ( destruction), shortage or

Damage of certain property;

2) the property interest connected with approach of responsibility under obligations, arising owing to a life tresspass, to health or property of other persons, and in the cases provided by the law, also responsibility under agreements;

3) the property interest connected with losses from enterprise activity because of infringement of the obligations by counterparts of the businessman or change of conditions of this activity on circumstances not dependent on the businessman, including the property interest connected with non receipt of expected incomes - enterprise risk ».

Also probably to agree with L.V.Kuznetsovoj's opinion that item item 2

929 GK the Russian Federation could be formulated in such a manner that under the agreement of property insurance interests property can be insured from transferred in the considered article рисков.31

Despite vysheotmechennuju the Russian Federation, it is necessary to notice an incorrectness of the legislative formulation of item 2 of item 929 GK, that in it the legislator the widespread risks insured under the agreement of property insurance, as a matter of fact, are transferred. The list resulted in this article opened, and, hence, probably to insure and other risks under agreements of property insurance. For example, in item 4 of item 4 of the Law on the organisation of insurance business in the Russian Federation the legislator has specially indicated possibility of insurance of financial risks.

That fact pays attention, that for today enterprise risks are very diverse. Business development attracts also development of risks in this sphere. Article 933 GK the Russian Federation is devoted directly to the insurance treaty of enterprise risk according to which under such agreement the enterprise risk of the insured and only in its advantage is insured. The insurance treaty of enterprise risk of the person who is not the insured, is insignificant. The insurance treaty of enterprise risk in

Advantage of the person who are not the insured, it will be considered by the prisoner

31 Kuznetsova L.V.insurable interest//the Law. - 2008. - № 5. - with. 51.

In favour of the insured.

Speaking about classification of risks, it is necessary to notice, that, for example, E. P.Enina subdivides enterprise risks on occurrence sphere on internal and external, and also notices, that as a source of internal risks the enterprise firm (for example, inefficient management and other).32 acts

Classification of risks depends, first of all, on the understanding of the term risk. Accordingly, in the legal literature it is possible to meet set of various sights and of kinds of risks. As we consider risk as the phenomenon many-sided examples of some kinds of the risks allocated depending on what understanding of the risk will be more low resulted, what party of risk is taken as a principle classifications of risks.

In connection with the indicated the opinion of A.A.Shahbazjana is of interest,

Which gives developed enough description of numerous kinds of risks in civic right, and, hence, and in property sphere interesting us. We will result some examples of kinds of the risk existing in property sphere named the indicated author. So, A.A.Shahbazjan allocates, for example, following risks:

1) on universality of distribution of risks on all subjects civil pravootnosheny risks the general and special are allocated. The author indicated above carries those risks which face all or the majority of subjects civil pravootnosheny (for example, incapacity of the counterpart, nullity of the bargain to the general), and to special - the risks connected including in a certain kind civil pravootnosheny (for example, contractual);

2) on coherence with features of legal regulation the indicated author allocates the risks which connected and have been not connected with features of legal regulation. He notices, that the risks which have been not connected with features of the legal

Regulations, result from events and actions actual,

32 Enina E.P.decree. soch. With. 16.

Economic, political and organizational character. The risks connected with features of legal regulation of those or other public relations, it are understood as the risks arising at the conclusion aleatornyh of bargains and fulfilment of other actions with which the legislation connects certain risk in the future. So, A.A.Shahbazjan gives an example, that at agreement undertaking about the deposit the person who has accepted the deposit, bears risk of payment in the double size of the sum of the deposit in case of impossibility of conclusion of the transaction through his fault;

3) and other kinds of risks of A.A.Shahbazjan называет.33

Risks can be classified and depending on an origin source: for example, on atmospheric (hurricanes, a tornado), geological, social. Risks, for example, can be divided on external that is which are not connected with activity of the concrete subject of risk, and also on internal which oposredovanno are connected with activity of the risking person.

There are also many other classifications рисков.34 It is possible to agree or not with the stated kinds of risks, but already resulted list confirms the thesis that the risk is many-sided concept, and the set of its classifications, and accordingly set of kinds риска35 is possible. It is necessary to notice, that, according to the author of the present dissertation, risk consideration as certain brave situation assumes the complex approach to understanding of risk and allows to represent it as a certain many-sided phenomenon, allows to study it from the different parties.

As it has been indicated, in strict sense of a word, it is possible to allocate risk insurance

33 SHahbazjan A.A.concept and significance of legal risks in civic right and methods of their minimisation//the Russian legal journal. - 2011. - N 5. - with. 128 - 136.

34 See, naprim.: Rajner, Gjunter. Derivativy and the right//Gjunter Rajner; the lane with it. [J.M.Alekseev, O.M.Ivanov]. – M: Volters Kluver, 2005. – With. 37-45; Redhed K, Hjus S.Upravlenie financial risks. The lane with English – M: INFRA TH, 1996. – With. 13-22.

35 See, naprim.: Bek U.Obshchestvo of risk. On a way at other modernist style//the Lane with it. V.Sedelnika and N.Fedorovoj, poslesl. A.Filippova. – M: Progress-tradition, 2000. – With. 25,

40-47.

And the risks which are not insurance (as a matter of fact, it it is a question of the insured and not insured risk). It is represented, that the concept of a peril insured is necessary for using in connection with availability of insurance relations not to create an ambiguity at use of the corresponding term in practical activities. The insurable risk represents risk which can and be operated expediently by means of insurance in economic sense, and the peril insured represents not simply risk insured, and risk which furthermore is transmitted on insurance under the agreement of property insurance according to the current legislation.

Perils insured, in turn, also probably to classify on the various bases.

V.K.Rajher spoke about three principal views of insured accidents of bourgeois insurance (which the author of the present dissertational research considers quite admissible to use and at the description of kinds of perils insured), namely: 1) acts of nature; 2) dangers and the contingencies arising in sphere of application of the industrial and similar engineering; 3) the phenomena directly social характера.36

In modern time with development of scientific and technical progress there are new objects which cause new risks not meeting earlier, and also often are exposed to various risks, including effect of any new risks. Above noticed, that the risk is a category, mainly, objective. The risk can vary in sizes, be transformed, cease and so forth. Probably also occurrence of the unfamiliar it is earlier brave. Some risks extended earlier, on the contrary, lose the urgency and can cease to exist.

V.K.Rajher, in turn, subdivided insurance upon social dangers and conflicts into three basic groups: 1) insurance from

Losses caused by crimes; 2) an insurance against loss of damage, which

36 Rajher V. K. Socio-historical classes of insurance / Otv. red. M.M.Agarkov. M; L: Publishing house of Academy of sciences of the USSR, 1947. With. 133.

Result from economic conditions changes; 3) an insurance against loss of damage which are caused any mass social конфликтами.37

V.K.Rajher also writes about combined risks and about the integrated, combined kinds of the insurance including wide sections diverse insurance случаев.38 Given positions save the urgency and today. So, the legislator has specially registered the Russian Federation in item 952 GK: the property and enterprise risk can be insured from different perils insured both on one, and under separate insurance treaties, including under agreements with different insurers.

Some authors consider, that there are brave kinds of insurance and bezriskovye страхования.39 We consider kinds, that all kinds of insurance have brave character.

A.I.Khudyakov, speaking about existing classification of insurance by the form risk (as a matter of fact, on a danger sort) from which insurance is made, marks existence of the big variety of kinds of insurance: for example, insurance upon fire, insurance upon earthquake, illegal actions of the third parties, and also other kinds of insurance, and thus notices that fact, that use for classification of insurance of criterion in the form of event on which case of approach insurance is made, is not perspective in scientific, and also in the practical plan in connection with existence of incalculable set of kinds of dangers, some of which are not insured for today, but can be tomorrow застрахованы.40

Risks (even depending on kinds of dangers laying in their basis)

37 In the same place. With. 134.

38 In the same place. With. 125.

39 See, naprim.: Khudyakov. / A.I.Khudyakov. - SPb.: the legal centre the Press, 2004. - With. 244.

40 In the same place. With. 374-375.

It is possible to try to classify, but directly all risks to transfer it is impossible. Nevertheless, we believe, that the description of events (as it will be indicated in other chapter of the dissertation - insurance events), underlying perils insured, is necessary for normal activity of assurance companies, for definition of possibility of the conclusion of the insurance treaty of certain risk and an establishment of conditions of the corresponding agreement.

It is necessary to agree with S.V.Mihajlovym who is written that by careful classification of perils insured depending on kinds of dangers, statistical processing of data on certain events, their comparison to other numerical indicators (for example, quantity of the population) grant the insurer possibility to conclude insurance dogovory, being based on matematicheski the verified data concerning probability of approach insurance случая.41

Now in the legislation and in practice absence of unity in understanding of essence of risk is observed. Accordingly, there is no unity in understanding of kinds of risks, various classifications are offered. It is necessary to notice, that various kinds of risks are called and in legal источниках.42

"Risk" is concept many-sided. In the present research the risk is understood as objectively existing uncertain situation. Practically all human activity is connected with certain risks. Concept of risk as categories objective and a peril insured, in particular,

Will allow to distinguish relations of the parties before insured accident and the relation after

41 See: Mihajlov S.V. an interest Category in the Russian civic right / With. V.Mihajlov. - M: the status, 2002. - With. 125.

42 See naprim.: Instruction N 2002/92/ЕС the European parliament and Advice of the European Union "About insurance intermediary" from 09.12.2002. [The Electronic resource]//URL: http://www.znay.ru/law/eec/eec2002-92.shtml (circulation date: 01.02.2014); EU Instruction

№ 73/239/ЕЕС «About coordination of laws, specifications and the administrative positions concerning the organisation and realisation of activity on direct insurance, to other, than life insurance» from 24.07.1973. [The Electronic resource]//URL: http://www.znay.ru/law/eec/eec73-239.shtml (circulation date: 01.02.2014).

Insured accident approaches. The peril insured should be understood as possible insured accident in the future.

As the risk concept many-sided, it is one of the reasons of availability of ambiguous sights at concept of risk and its kinds. In the legislation there should be uniform use of the term "peril insured". It is necessary to add the separate article in chapter 48 GK the Russian Federation about the basic concepts of insurance activity and to include in it the offered definitions of an insurable risk under the agreement of property insurance and directly peril insured, and also to include the offered definitions of risks in item 9 of the Law on the organisation of insurance business in the Russian Federation. Also in the legislation (for example, in the created separate article of chapter 48 GK the parity of categories is necessary to describe the Russian Federation containing the basic insurance terms): "peril insured", "insurable interest", "insured accident", «insurance event» about what will be more detailed in the paragraph devoted to risk and insured accident.

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A source: Molchanov Irina Sergeevna. CONCEPT of RISK Of the AGREEMENT of PROPERTY INSURANCE. The dissertation on competition of a scientific degree of the candidate of jurisprudence. St.-Petersburg -.

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