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§1. The legal nature of obligatory state insurance of civil servants and its place in system of civil-law obligations on insurance

The Russian Federation is socially-lawful state (item 1 of item 7 of the Constitution of the Russian Federation [6] (further - the Constitution), as a result of express indication of the constitutional norms of its politician is directed on creation of the conditions providing worthy human life, in it work and health of people (item 2 of item 7 of the Constitution) are protected.

The specified position predetermines a state duty to care of well-being of the citizens and if owing to a state of health for other reasons not dependent on it, the person cannot work and has no income for maintenance of a living wage to itself and to the family, he has the right to count on reception of the corresponding help, material support from the state and a society.

In the constitutional norm the state duty is fixed to guarantee equality of the rights and freedom of the person and the citizen (item 2 of item 19 of the Constitution). The list of such circumstances with which in itself could cause infringement of this principle, contains directly in the specified norm of the Constitution. To the constitutional principle of equality circumstances at which occurrence the person loses the certain constitutional blessings are menacing, in particular, for example, loses a life or health that puts it in unequal position with other owners of the similar blessings, i.e. - those persons in which relation the given circumstances have not arisen. The equality principle assumes presence of equal security of the rights and freedom of various persons as "the state protection of the rights and freedom of the person and the citizen in the Russian Federation is guaranteed on the basis of a principle of legal equality..." 1. Owing to the constitutional duty of the state to guarantee action of a principle of equality — the state establishes a number of the legal mechanisms, allowing to restore the broken equality of persons.

The considerable size of means which can be necessary on indemnification of the caused harm, and at the same time burdensome uncertainty concerning accident of its occurrence it is essential creation special economic (also legal) demand the mechanism which will protect the person in the face of similar disasters, representing necessary property means. One of such mechanisms is grazhdansko - the insurance legal institution.

According to the concept of a role and a place of the person which is standard in a modern (industrial) society, the concept putting the person in the centre of a world order, the human person is invaluable. A consequence of the given concept is that belonging persons of the blessing as the blessings, inseparable from the person, also are considered as the invaluable. At the same time belittling of the given blessings usually leads to negative consequences in property sphere of the person (item 1 of item 1085 of the Civil code of the Russian Federation). The damage (harm) is compensated by granting of the blessings of [7 [8] property. Such way of protection of the personal non-property blessings is known since times far древности1.

The state, as is known, is democratic when it not only proclaims, but also provides conditions for worthy human life, a guarantee of its safety. Alternative to such approach - growth of social intensity in a society with all consequences following from here.

Formation and development of public service of the Russian Federation is impossible without creation of effective system of health protection of civil servants. From the told the conclusion about necessity of creation and functioning for the state of effective system of the legal guarantees connected with protection of valuable interests (follows at injury of a life and to health) certain categories of civil servants, considering character and the importance of their labour activity.

The operating system of public service of Russia has developed in the early nineties last century in connection with change of a state system of allied type with federal republic. Acceptance of the Constitution of the Russian Federation of 1993, and also of some federal acts [9 [10] concerning public service have considerably changed the approach to this concept, having fixed many new basic positions, having assimilated a part of the previous knowledge on the given question in the modern theory of the government. Formed social policy of today's Russia declares aspiration to solve two problems: to protect from rigid influence of the market the most vulnerable levels of population and to promote economic activization of various levels of population [11].

Obligatory state insurance of a life and health such konstitutsionno significant categories of workers as civil servants of military and law-enforcement services (further the term "separate categories of civil servants" also is used) it is established with a view of state discharge of duty to care of social security of the specified citizens. The rank given fear has no character of the actual tax from citizens (what earlier, for example, was obligatory state insurance of some kinds of property граждан1) as it is carried out at the expense of the federal budget, instead of at the expense of the insured person. Obligatory state insurance is the special form of insurance, considering structure of the arising civil

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The rights and duties. It is spent for the purpose of maintenance of social interests of citizens and the state and represents relations on protection of the valuable interests connected with a life and health of insured persons. It is a question of situations when indemnification of the suffered damage represents public interest, and on occasion and the state necessity.

In 1905 the well-known Russian jurist, the philosopher and public figure P.I.Novgorodtsev wrote: "it is doubtless, that in each society, in each position there is a standard of living which is considered [12 [13] norm, and there is a limit behind which the inadmissible extreme measure" begins. This extreme measure the outstanding lawyer connected with concept "the rights to worthy human existence" and demanded a recognition behind this right "not moral only, but also the jural significance" when the right "incurs certain known conditions of norms" 1.

On the legal nature obligatory state insurance of a life and health of employees of military and law-enforcement services represents the civil-law obligation, and also a version of civil matters. It is carried out directly on the basis of the civil-law contract of the insurance concluded between insurers and insurers. Thereby legal equality of subjects of insurance legal relations — the insurer, the insurer is provided. In work attempt of a substantiation of the civil-law nature of legal relation on obligatory state insurance will be made, considering a subject and a method of their legal regulation.

In modern Russia insurance as the effective mechanism of protection of valuable interests of citizens, the organisations and the state becomes more and more necessary element of social and economic system of a society. C the economic point of view value of insurance is based that the coming damage concerns, as a rule, not only directly suffered, but also many other things physical and legal bodies. If the suffered person is insured, it can soon renew the activity as will receive the insurance. Thus, insurance:

1) provides restoration of the destroyed cell of a social production and a continuity of all vosproizvodstvennogo process [14 [15];

2) allows to get to take part in certain activity the big number of persons, reducing risk degree in the given activity (a principle of solidary mutual aid at the misfortune, based on the closed apportion of a damage);

3) allows to accumulate considerable means of insurance reserves, which (at long-term kinds of insurance) have stabilising influence on a state financial system;

Insurance is not the tool exclusively state, exclusively private interest though these interests make on its organisation essential impact. First of all, insurance — the tool of a civil society. To speak about this society "it is possible only from the moment of occurrence of the citizen as independent, understanding for that of an individual member of the society allocated defined complexes of the rights and freedom and at the same time bearing before it moral or other responsibility for all actions" [16]. Presence of a civil society is the necessary precondition of existence of the legal social state. Thus, the insurance purpose is protection of the person in the face of the encumbrances having casual character, by means of granting of necessary property means. After all in the absence of insurance at misfortune the state owing to that Russia in the Constitution is proclaimed by the state social (article 7) should render the necessary help to citizens.

The constitutional position, concerning guarantees to citizens of the social and economic rights, the Constitutional Court of the Russian Federation where it is underlined a state duty to care of well-being of the citizens, their social security, and if owing to age, a state of health, for other reasons not dependent on it has supported in the decision, the person cannot work, he has the right to count on reception of the corresponding help, material support from the party государства1.

Above specified position of the Russian Constitution completely corresponds to the international standards. According to article 25

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The general Declaration of human rights (it is accepted at the third session of General Assembly of the United Nations by the resolution 217 A (III) from December, 10th, 1948) and article 11 of the International pact about the economic, social and cultural rights (New York, on December, 19th, 1966) a strategic target of the social state is human rights warranting on such standard of life which is necessary for maintenance of health and well-being him and members of his family, on maintenance in case of illness, physical inabilities, and otherwise losses of means of subsistence on circumstances independent of it.

Also the declaration on the right and a duty of separate persons, groups and society bodies to encourage and protect the conventional human rights and fundamental freedoms (item 2), is accepted on December, 9th, 1998 by the Resolution 53/144 General Assemblies of the United Nations, proclaims, that each state bears the basic responsibility and a duty to protect, encourage and carry out [17 [18] [19] all human rights and fundamental freedoms, in particular, by acceptance of such measures what can be demanded for creation of all necessary conditions in social, economic, political, and in other areas, and also the legal guarantees necessary for that maintenance that all persons under its jurisdiction, individually and together with others, could have all these rights and freedom in practice for what accepts such legislative, administrative actions what can appear necessary for maintenance of effective guarantees of the rights and freedom.

Considering history of occurrence of the term "social protection", it is possible to establish, that originally it was used in criminal law (protection of the person and a society against criminal trespasses by use of criminally-legal and social means) 1. C the beginning of reforms the approach to concept of social protection of the population has cardinally changed. Wide application of the term "social protection" has begun on a boundary of 1980 1990th years. It became one of the most widespread in the legislation, in political practice, in an ordinary life. Unfortunately, as confirms the analysis of the Russian legislation, the considered term has no accurate definition that leads to various interpretation and does not promote uniform application of corresponding rules of law, and also principles of construction of system of social protection [20 [21] are not clear.

It is necessary to notice, that disclosing of concept of the term of social protection was mainly investigated, as will be shown further, only within the limits of social rights. Only with Federal act acceptance about introduction of obligatory state insurance of civil servants of military and law-enforcement services began possible to investigate social protection, using the toolkit applied in grazhdansko - legal regulation. The Civil-law mechanism of realisation of an investigated kind of insurance of the specified civil servants gives the chance to look in a new fashion at the social protection nature as a whole. In work attempt of research of features of developing legal relations on obligatory state insurance of civil servants of military and law-enforcement services, as one of legal forms of social protection of the population, t will be made; e concerning social rights area.

Creation of legal guarantees of protection of a life and population health as a whole is considered today as a necessary element of adjustable market economy. We will consider the general legal representations about social protection the population which have developed for today. Theoretical researches of concept of the term of the "social protection" which was passing mainly within the limits of social rights, it is possible to apply and concerning obligatory state insurance, in spite of the fact that a legal mechanism of realisation of this kind of insurance - civil-law. It is necessary to establish that fact, that for today among scientists there is no common opinion of that itself population social protection represents. The majority of them suggest to formulate this concept of wide and narrow sense. But even at such approach of distinction of volumes and borders of wide and narrow interpretation are too considerable, that it was possible to speak about end of formation of theoretical model of social protection of the population.

In S.I.Ozhegova's Explanatory dictionary "social" it is defined as public, concerning a life of people and their relations in обществе1. To "Protect" - means to protect from encroachments, from hostile actions, from danger, to protect, secure against something. Thus, social protection can be regarded as protection against social adverse circumstances, as a way of their prevention and the form of indemnification and minimisation of their consequences, as system of the measures undertaken as at level of interaction of the person and a society (state), and at level of interaction of the person and social group, the organisation, collective.

Scientists treat wide sphere of social protection of the population on - a miscellaneous, but the stated points of view, despite their variety, it is possible obobshchenno to reduce to two basic positions. According to the first of them, social protection is a system of the measures directed on maintenance of worthy both sufficient level, and quality of a life [22 [23] [24]. Problems can arise with concept the "standard of living", which in itself is wide enough. It designates degree of satisfaction material, spiritual needs of members of a society, security their consumer, social blessings. The standard of living is expressed by system quantitative and quality indicators [25]. At such approach concept of the term "social protection" remain washed away.

We believe, that the second variant of understanding of social protection in the broad sense of the word, based on a recognition of interrelation of social protection and social policy, is the most comprehensible. So, V.S.Shajhatdinov defines it as - system of public relations on maintenance of conditions for normal ability to live населения1. It includes activity of bodies of the state, local governments, public associations and the organisations on creation favorable for the person to financial security and service invalid, labour safeties, and other kinds of protection. Generalising told, Century SH. SHajhatdinov notices, that social protection is "practical activities on realisation of the basic directions of social policy as which it is necessary to understand purposeful influence of bodies of the state, local governments, public associations and the organisations on existing system of public relations for the purpose of improvement of working conditions and a life of various strata of society [26 [27].

Social protection of civil servants represents a part of social protection of the population and possesses all basic signs of last. So, considering social protection of such important category of citizens as civil servants, V.S.Shajhatdinov notices, that: "Social protection of civil servants represents system of measures of the social character directed on maintenance of execution by them of official duties, protection of their health, creation by it sufficient

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Level of material security ". It should include a complex of the measures directed:

1) first, on indemnification of the restrictions objectively caused by character of activity (serving in military men and law enforcement bodies it is connected with a number pravoogranicheny for the persons consisting on it, and any restriction of the personal rights is supposed only under the federal act (item 55 of the Constitution of the Russian Federation);

2) secondly, on realisation of social expectations of the employee which have laid down in a basis of its professional choice;

3) thirdly, on neutralisation of the factors interfering effective office activity [28];

4) fourthly, on material stimulation of work of civil servants.

The definition of concept of social protection of civil servants specified above, in our opinion, has interbranch value for the social protection realised in many legal (branch) forms, including at obligatory state insurance (civil law), has one main ultimate goal is to provide health protection and lives of citizens (including civil servants of military and law-enforcement services). Obligatory state insurance is directed on protection of a life and health of certain categories of civil servants of military and law-enforcement services, by payment of in advance certain money resources (in the form of insurance payment or insurance maintenance).

Further we will start with last definition of concept of social protection of civil servants. Then it is possible to include in sphere of social protection of civil servants only those blocks of legal relations which concern protection of their life and the health, carried out by obligatory state insurance.

Thus, giving of interbranch value to the term "social protection", allows to apply it not only to the relations developing at social security of citizens (spent within the limits of social rights), but also to relations on obligatory state insurance of certain categories of civil servants of the military and law-enforcement services which basis of legal regulation is constituted by the civil legislation.

Investigating the konstitutsionno-legal nature of such version of public service as military and law-enforcement (item 1 of item 2 of the Law of the Russian Federation "About system of public service of the Russian Federation" 1 from May, 27th, 2003 № 58-FZ), from comparison of articles 59 (a part 1 and 2) and articles 37 (a part 3) Constitutions, it is possible to draw a conclusion, that the right to work is realised by the specified civil servants by means of passage of corresponding services by them [29 [30].

It testifies that the constitutional understanding of labour activity is wide enough, allowing to carry to labour activity military and law-enforcement services.

At the same time from sense of norms of article 59, point "m" of article 71, point parts of 1 article 72, points "d" and "e" parts of 1 article 114, in their interrelation with norms of a part 4 stati 32 Constitutions it is possible to conclude the following: by means of passage of military and law-enforcement services (including services in the militarised organisations [31]) it is realised not only the private interests protected by the constitutional norm about the right to work, but also public interests. It is caused njalichiem at the state of the constitutional duty on maintenance of defensibility of the country, legality, the law and order and the public safety.

Labour (in a broad sense) activity of the persons, passing military and law-enforcement service, is konstitutsionno significant. These persons protect the major values of the state and a society - without what it appears impossible to realise to the person in an appropriate measure the rights belonging to it and freedom. Activity of civil servants of military and law-enforcement services has the state character, therefore all cores svojstga public service are inherent in it:

- Activity as a part of the state bodies and the organisations;

- Employees carry out specific problems according to the functions fixed to the state bodies;

- Mutual relations are under construction on the basis of characteristic for public service of relations the power and submission;

- The legal status, service order is defined by the state.

Vo¾nnaja and law-enforcement service, to? h public service of a special kind, is intended for actual realisation of powers of the state bodies, i.e. practical activities on execution of official duties (service) by the employees serving on military and law-enforcement posts in the state bodies and the organisations to which problems and functions in sphere of defence of the state and the public safety are assigned.

The persons, passing military and law-enforcement services, provide with the activity (service) execution of the constitutional duties of the state. Service overall objectives in military men and law enforcement bodies is practical realisation of functions and the decision of problems in sphere of defence and safety of the state, protection of the public safety and other duties, korrespondirujushchie to the specified duties of the state on the basis of principles and the positions established in the Constitution and federal acts. Execution by these persons of the duties is connected with necessity of implicit performance of problems for any conditions, including with the raised risk for their life and health. It causes specific character of discipline (absoluteness of office obedience), necessity of some restrictions of the rights and freedom (in the civil, personal, political and social and economic rights), established by the Constitution (the item 55) and the federal legislation concerning the specified persons [32].

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The high risk industrial (in a broad sense) traumas and occupational diseases is inherent in labour activity of persons of investigated services, that essentially reduces the general level of their life and creates considerable threats to their health.

Public character of the duties assigned to data of persons, and also necessity of observance of such constitutional principles as justice and maintenance of balance private and public interests, demand that the employees, passing military and law-enforcement services, had the right to reception provided by the federal act - monetary indemnification as a result of injury of a life and to health (in the form of insurance payments), having the raised size in comparison with that are established for those who other, more safe, realises way the right to work.

Thereof within the limits of relations with the persons, passing the military and law-enforcement services, taking up risk for a life and health, besides risk raised, the state should bear "responsibility", compensating the harm caused to a life and health of given persons at passage by them of service.

Execution by the state of a similar duty is provided by realisation of such constitutional institutes essential to the social state, as a labour safety and health of people (a part of 2 articles 7 of the Constitution).

Social protection of civil servants as system carries out as the basic function economic, social, political, spiritually - ideological and demographic [33].

One of public service principles in the special literature marks a principle of is social-legal security of employees, or a principle of social security. Unfortunately, the given principle has not found the direct reflexion in Federal act item 5 "About

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Bases of public service of the Russian Federation ”from July, 31st, 1995 № 119-FZ, therefore some researchers carry measures of social protection to realisation of a principle of stability of shots state служащих4. It is necessary to notice, that the principle of social security has been formulated in Position item 2 about the federal public service, the President approved by the decree Russian Федерации5 from December, 22nd, 1993 № 2267.

The state creates financial base and organizational structures for realisation by citizens (in particular civil servants of military and law-enforcement services) a constitutional law on social protection (Constitution item 7). It is necessary to understand the ways of the organisation fixed in rules of law As organisation-legal forms and realisation of social protection the population characterised by the special bases of granting of social protection, specificity of subject structure of arising relations, degree and methods legal [34 [35] [36] [37] [38]

Regulations at various levels of law-making and others

Essential signs.

Organization-legal forms of social protection of the population являются1:

1. Obligatory social insurance [39 [40];

2. Social security at the expense of direct assignments from the state budget;

3. Obligatory state insurance [41];

4. The state social help.

These forms differ from each other on subject structure of arising relations, sources of finance, the bases and an order

Maintenance grantings, to kinds and the sizes of payments, administrative structures and t.dl

Proceeding from subject structure of arising relations, it is possible to allocate such forms of social protection, as state, municipal, corporate, is social-partner (parity), public. Apparently, the subject giving social protection [42 [43] here means.

Still in due time V.I.Serebrovsky has paid attention that on the organisation insurance shares on two principal views: private and public. To forms of public insurance concern state and public, and forms of private insurance - individual businessmen, joint-stock insurance companies, fund associations, societies of mixed type [44]. At the same time the named scientist considered inadmissible to identify insurance public with insurance obligatory, and insurance private with insurance voluntary.

It is necessary to carry to the state forms of social protection, besides social security at the expense of direct assignments from the state budget, also obligatory state insurance.

Depending on a way of the account and indemnification of social risk social protection can be insurance and not insurance. Insurance forms of social protection to which it is possible to carry, for example, social insurance, obligatory state insurance, assumes preliminary revealing and the account of social risk. It allows to predict approach of an is social-brave situation and accordingly granting of insurance maintenance. Level of financial stability of such forms of social protection much above, therefore above should be and security level. For not insurance forms (social security, at the expense of direct assignments from the state budget; the state social help) such signs are not characteristic, therefore in whole their social and economic efficiency more low. At the same time, not any social risk can be object of insurance, therefore at the present stage of development of system of social protection of the population in Russia is important achieve an optimum parity of insurance and not insurance forms at which they mutually would supplement the friend друга1.

The basic difference of obligatory social insurance from obligatory state insurance consists in a way of financing. The first is based on insurance premium payments, and the second is carried out at the expense of the means given from the federal budget. At the same time social insurance differs from the civil-law life insurance and compulsion degree, both a legal regulation mode, and ways of financial maintenance. According to the traditional approach, social insurance is one of forms of social security of workers in an old age, in case of time or constant disability and t.p [45 [46] [47].

The resulted classification serves as reflexion of unity and differentiation of legal regulation with reference to population social protection.

Opinion on independence of existence of such form of social protection as obligatory state insurance, is divided not by all authors. So, M.A.Kovalevsky considers this kind of insurance as a version of the form of social security [48]. We categorically do not divide the point of view specified above in this connection in work attempt of the legal argument of our position will be made, based that obligatory state insurance of civil servants of military and law-enforcement services is an independent version of the social protection, thus entirely entering into a subject of civil-law regulation. It is necessary to notice also, that the most part of experts in social rights take out the specified kind of insurance for frameworks of legal regulation of the specified branch of law.

Thus, the current legislation and judiciary practice (as it will be shown further) consider obligatory state insurance of civil servants as a certain form of realisation of one of measures of social protection (paragraph 8 of item 1 of item 15 of the Federal act "About bases of public service of the Russian Federation").

Considering system of structure of social protection of civil servants as a whole further we will be limited to one of such forms of protection as obligatory state insurance of civil servants of military and law-enforcement services.

It is necessary to differentiate at once concepts of obligatory state insurance and the state insurance which was extended in the USSR though at both cases there is a word "state" in spite of the fact that obligatory state insurance possesses some signs of state insurance.

State insurance has some definitions depending on degree of development of the insurance market. In the USSR state insurance represented the form of realisation of insurance monopoly. For Soviet Union the absolute insurance monopoly was traditional, when in the name of the state company authorised on that (in the USSR State fear) exclusive rights to carrying out of all kinds of insurance are transferred the state. The state insurance monopoly has been entered into the USSR since 1918. Leaning against idea of nationalisation of insurance business in the country, the RSFSR established by decree CHK from November, 28th, 1918 "About the organisation of insurance business in the Russian Republic", it has existed up to the end 80th years. The period nepa (20th years) when along with state insurance there was a co-operative was a unique deviation from the state absolute insurance monopoly.

The modern system of obligatory state insurance of separate categories of civil servants has developed rather recently. Yet so a long time in the legislation of the Russian Federation there were no the general provisions regulating carrying out of this kind insurance. During the Soviet period the wide circulation was received by system of compensatory payments and lump sums which essentially charged the state budget.

In Armed forces of the USSR obligatory state insurance of military men and serving law enforcement bodies existed only since 1991 and has been defined by the decision of Ministerial council of the USSR "About the state obligatory life insurance of military men, persons of ordinary and commanding structure of law-enforcement bodies" from December, 30th, 1990 № 1393. Originally it was carried out through State fear of the USSR (since February, 10th, 1992 of Open Society "Rosgosstrakh"), unique during that moment by the insurance organisation which has spent obligatory state insurance.

On a plan, introduction of new conditions of carrying out of the obligatory life insurance should solve not only actually a problem of insurance protection of insured persons, but also to exclude cases of an irrational expenditure of federal budgetary funds. Practice of carrying out of obligatory state insurance through Open Society "Rosgosstrakh" has opened imperfection of the scheme offered in the decision.

The insurer carried out of the obligations with considerable costs. The obligations connected with realisation of the right to insurance payment Rosgosstrakh shifted on military units and military commissariats and in practice it carried out only cash functions. Under the insured accidents connected with  destruction (death) of military men, payment could be received members of a family of the lost (died) military man only after 6 months. Thereby the economic essence of insurance was deformed and the social justice rule was broken.

The negative moments have especially become aggravated at the moment of disintegration of the USSR when Open Society "Rosgosstrakh" could not make insurance of military men appeared outside of the Russian Federation. Its structures in the former union republics have passed in submission to new state formations, and other order of insurance protection of military men and serving law enforcement bodies has not been offered power ministries.

Because of excessive bureaucratism and imperfection of technology of processing of insurance affairs internal expenses of Open Society "Rosgosstrakh" which repeatedly brought an attention to the question on increase in compensatory deductions on a covering of the expenses on conducting this kind of insurance with 6 to 15 percent constantly increased. The begun growth of inflation in the country, long terms of consideration of insurance affairs, have reduced to a minimum real cost of the fixed sums of insurance payments under insured accidents.

In these conditions the Ministry of Defence has been forced to lead insurance of the military men who were carrying out of a problem in "hot points", under separate single contracts through the insurance organisation of Open Society "Vo¾nno - the insurance company" which has been specially created, taking into account new political and social realities.

Obligatory state insurance as the compulsory insurance kind, has received the legal fastening by the Law of the Russian Federation "About militia" 1 from April, 18th, 1991 № 1026-1 (items 29). This law is one of few Russian acts accepted before disintegration of the USSR who continues to operate taking into account the changes brought in the subsequent years and additions and the established legal mechanism of compensation of harm of a life and to health of employees of law-enforcement bodies.

So, for example, about similar insurance of military men of Armed forces of the Russian Federation it was specified in item 1 of item 18 of the Law of the Russian Federation "About the status of military men" [49 [50] from January, 22nd, 1993 №4338-1. However the given legislative norm carried otsylochnyj character.

To execute the specified Law an order and conditions of carrying out of the obligatory state life insurance were defined not by the law, and the decision of Ministerial council of the Russian Federation "About an order of carrying out of the obligatory state life insurance of military men, the citizens called on military gathering, persons of ordinary and commanding structure of law-enforcement bodies" [51] from April, 5th, 1993 № 295 (has become invalid the governmental order of the Russian Federation [52] from July, 29th, 1998 № 855 (items 3).

By the decision it has been defined, that the obligatory state life insurance of the persons specified in it is carried out at the expense of the means allocated for these purposes from the budget of the Russian Federation to corresponding ministries and departments in which the law provides military service. The size of sums insured, repayable has been standard provided, public authorities which the company "was recommended to conclude dogovory insurance through the insurance organisations" Voennostrahovaja, "the Russian state company" and other insurance companies are named.

Legal regulation of the obligatory state life insurance has received the further development in the decree of the President of the Russian Federation "About the basic directions of a state policy in compulsory insurance sphere" from April, 6th, 1994 № 667. The decree has allowed to overcome blanks in the insurance legislation, regarding carrying out of the obligatory state life insurance of employees of the State tax service of the Russian Federation. It has been established, that the size of expenses of the insurer on carrying out of insurance operations by the given kind of obligatory state insurance cannot exceed 6 percent of the sums actually paid in connection with approach of insured accidents, provided by the insurance contract. This percent was based on a real economic substantiation of the state financial and economic bodies and allows to compensate constantly increasing expenses of the insurance organisations on carrying out of obligatory state insurance.

Earlier - both in Soviet, and in Russian army till 1917 - such kind of insurance did not exist. At various times the military person for the damage of health received on service (and members of a family — in case of his death), received the raised pension, grants and additional payments.

Federal act acceptance "About obligatory state insurance of a life and health of military men, the citizens called on military gathering, persons of ordinary and commanding structure of law-enforcement bodies of the Russian Federation, the State fire service, bodies under the control over a turn of narcotics and psychotropic substances, employees of establishments and bodies of criminally-executive system and employees of federal bodies of tax police" [53] from March, 28th, 1998 № 52-FZ (further - the Law on obligatory state insurance) became a new important stage of perfection of legal regulation of obligatory state insurance.

For the first time in history Russia the special law establishing an order and conditions of special protection of certain categories of the Russian citizens in the form of obligatory state insurance of their life and health is published. Norms of the given Law do not operate during the periods of mobilisation, the martial law and in military время2. This law has defined the state guarantees, an order and conditions of carrying out of obligatory state insurance of considerable number of the Russian citizens (civil servants of military and law-enforcement services). In it the order of the conclusion of the civil-law contract is provided

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Insurance, a special order of licensing and supplementary measures of the control over activity of the insurance organisations [54].

C coming into force of the specified law, the legislation on obligatory state insurance of civil servants military and law-enforcement services is resulted according to the general principles of conducting insurance activity in Russia.

Thus, for the short term there is passed a way from monopoly of two state insurance giants before creation of the real insurance market. Developing further that best is necessary to keep system of this kind of insurance, first of all, that is already created. After all in Russia for today there was an effective system of obligatory state insurance, there is a necessary legislative base, the insurance infrastructure is generated, unique experience of its carrying out is saved up.

Also it is underlined carrying out of obligatory state insurance in other standard legal acts which Civil the code of the Russian Federation (items 969) (further — the Civil code, GK), the Law of the Russian Federation "About militia" (item 29), the Federal act "About the status of military men" (item 18) and other certificates, for example, concern. Legislative fastening of obligatory kinds of insurance, including obligatory state insurance, and their legal regulation is directly directed on protection of the rights and freedom of the person and the citizen guaranteed by the Constitution (item 2). As it will be shown further, obligatory state insurance, is directed on protection of material (property) interests of insured persons and members of their families at approach of insured accidents ( destruction (death), wound, a mutilation, a contusion).

According to Federal act article 2 "About system of public service of the Russian Federation" the public service system includes following kinds of public service:

- The state civil service which is subdivided into federal state civil service and the state civil service of the subject of the Russian Federation;

- Military service;

- Law-enforcement service.

Thus military and law-enforcement services are kinds only federal public service.

Obligatory state insurance extends on civil servants of military and law-enforcement services (militarised (public) public service [55]), and protection of employees of the state civil service is carried out in other organizational - legal forms.

Obligatory state insurance of civil servants of military and law-enforcement services is now in a formation stage because of what many aspects, insurance concerning this kind, remained not investigated.

It is important to notice, that till now there is no Federal act "About bases of carrying out of compulsory insurance in the Russian Federation" in which acceptance in due time it has been specified in paragraph "and" item 2 of the decree of the President of the Russian Federation "About the basic directions of a state policy

In compulsory insurance sphere "1 from April, 6th, 1994 № 667. Also in item 1 and item 6 of the chapter of II Concept of development of insurance in the Russian Federation, approved by the order of the Government of the Russian Federation [56 [57] from September, 25th, 2002 № 1361-r, it is underlined necessity in

Prime order to develop and carry out measures on perfection and development the legislator gva by an establishment of a legislative basis of compulsory insurance, in also definitions of their kinds.

Thus, having defined in this law concept of compulsory insurance (including obligatory state insurance), and also overall aims, problems, principles, an order and conditions of carrying out of insurance in this form, it is possible to cease practice of acceptance of the normative acts containing declarative norms about a duty of insurance. Operating now Civil code chapter 48 (item 927 item, 935, 936, 937 and 969) and "About the organisation of insurance business in the Russian Federation" [58] from November, 27th, 1992 № 4015-1 (item 3 items 3) mention the Federal act only about existence of the obligatory form of insurance with instructions on possibility its introduction, definition of conditions and a carrying out order is exclusive federal acts.

Compulsory insurance in general and obligatory state insurance in particular has exclusive character, that is occurrence of such insurance is possible only in the cases specially provided by the federal act, establishing an order and conditions of carrying out of the given sort of insurance. Introduction by the legislator of an investigated kind of insurance completely corresponds to Civil code positions (item 935 item 1) where it is underlined the right only the federal act on specified in it of persons to assign a duty to insure a life, health and property of other persons (civil servants) defined in the law on a case of injury of their life, to health or property.

Party liable on entering of insurance premium payments accordingly is the insurer (corresponding federal enforcement authorities), otherwise it contradicted item 2 of item 935 GK where imperatively it is forbidden to charge on life insurance, health and property of the citizen at his expense. According to item 3 of item 927 GK the law cases of compulsory insurance of a life, health and property of citizens at the expense of means of the corresponding (federal) budget can be provided.

Absence of legal definition of the term of legal relation on obligatory state insurance leads to necessity of its theoretical research. Having investigated the Law on obligatory state insurance and Civil code item 969, it is possible to formulate definition to concept of obligatory state insurance as sets of public relations on protection of social interests of certain categories of civil servants of military and law-enforcement services and interests of the state at injury of their life and to health, at the expense of the means allocated from the federal budget to the ministries and other public authorities.

In the given definition it is necessary to pay attention to following basic moments. First, the purpose of obligatory state insurance — maintenance of social interests of civil servants and interests of the state, thereby is focused attention on zashchitnoobespechitelnoj insurance functions in general and obligatory state insurance in particular. Secondly, the source of means - the federal budget, with instructions of persons with which the given means are allocated (insurers), the ministries and other enforcement authorities is defined. Thirdly, the circle of objects of insurance - a life, health is limited, and also the number of citizens, insurable — only certain categories of civil servants of military and law-enforcement services is limited.

Besides obligatory state insurance by the civil servant of military and law-enforcement services the additional form social защиты1 — social security at the expense of direct assignments from the federal budget (or the state social security) is given.

Obligatory state insurance of civil servants as complex formation answers signs which are inherent in the objects which are belonging to the class of systems. It represents complete formation (first sign), consists of set of components (second sign) which are in interrelation (third sign) [59 [60] [61] [62].

The structure of system of legal guarantees of protection of a life and health of civil servants at obligatory state insurance of civil servants of military and law-enforcement services includes financing (insurance premium payment) as components (elements); bodies (establishments) and the organisations which are carrying out insurance; subjects of insurance maintenance; kinds of maintenance and the standard legal acts regulating corresponding relations. Therefore the system of the investigated organisation-legal form of social protection of civil servants can be defined as system of the co-operating and interconnected structural elements, such as: financing; the subjects who are carrying out insurance; subjects, insurable; kinds of maintenance and regulatory legal acts.

The subsystem of financing of obligatory state insurance of civil servants is based on direct federal budgetary financing. One of the basic signs, allowing to allocate obligatory state insurance as the special organisation-legal form of social protection, specificity of financing which is connected with payment of insurance premium payments is. Relations on a turn and allocation of federal budgetary funds to corresponding federal enforcement authorities, for the subsequent payment of insurance premium payments, are regulated by norms of the financial right. So, financial legal relations are considered as settled by norms of the financial right the public relations which participants act as carriers of the legal rights and the duties, realising instructions containing in these norms by training, to distribution and use of the state funds and incomes [63].

In turn the relations arising after making contract of insurance, connected with payment of insurance premium payments, are regulated by the civil legislation. So, the arisen duty on entering of insurance premium payments by the insurer korrespondiruet the incorporeal right the insurer of its payment.

In article 8 of the Law about obligatory state insurance by a unique source of receipts of money resources as insurance premium payments are named - means allocated to insurers on these purposes from the federal budget. Because the civil servants who are coming under to obligatory state insurance, are federal state служащими1, their financing is accordingly carried out at the expense of means of the federal budget. In the Law on obligatory state insurance (item 2 item 2) and item 1 of item 969 GK is directly specified the subject, obliged to finance realisation of the specified insurance - federal enforcement authorities.

The basic normative act, establishing the general principles of the budgetary legislation of the Russian Federation, legal bases of functioning of budgetary system of the Russian Federation, a legal status of subjects of budgetary legal relations, an order of regulation of the interbudgetary relations, defining bases of budgetary process, the Budgetary code of the Russian Federation [64 [65] from July, 31st, 1998 № 45-FZ is. According to the Budgetary code of the Russian Federation the expenses connected with maintenance of social protection of the population, in common are financed from all levels of budgetary system of the Russian Federation, these are levels: federal, the subject of the Russian Federation and municipal unions (item 85).

The size of the insurance tariff is defined by the insurer as agreed with the insurer and the federal enforcement authority providing carrying out of the uniform state financial and budgetary policy. The size of the insurance premium thus cannot exceed 3 percent of fund of a monetary contentment of employees of military and law-enforcement services of corresponding federal enforcement authority (item 2 of item 9 of the Law on obligatory state insurance).

Also requirements to expenses of the insurer on realisation of obligatory state insurance which cannot exceed 6 percent of the size of the insurance premium payment (item 3 of item 9 of the Law on obligatory state insurance) are established.

At obligatory state insurance of employees of law-enforcement bodies there is one question - a question, concerning definitions of the person (authority) paying insurance premium payments on obligatory state insurance of those divisions of militia which except the Ministry of Internal Affairs of the Russian Federation submit also to enforcement authorities of subjects of the Russian Federation and consequently can be financed not only from the federal budget, but also from regional and local [66]. The rules of law resulted above unambiguously fix will of the legislator — insurers, i.e. payers of insurance premium payments to the insurer, federal enforcement authorities are only. For subjects of the Russian Federation and municipal unions the law does not provide presence at them a duty on payment of any means to directly insurer.

Insufficiency of the rights leads in practice to that subjects of the Russian Federation "javochnym rather" appropriate the missing rights, and with current legislation infringement. So, a number of subjects of the Russian Federation from the sums intended in their budgets on obligatory state insurance of employees of law-enforcement bodies, independently, passing the insurance organisation, is carried out by insurance payments to insured (beneficiaries). Similar "giving" of powers of the insurer by a number of subjects of the Russian Federation in some cases is caused by their unwillingness "to contain the insurance company" from which they did not conclude the insurance contract, or fears, that concerning their insured (beneficiaries) multimonthly delays the insurer of insurance payments will take place well-known now.

Presence of blanks in regulation of relations between budgets of various level cannot form the basis for a delay of insurance payments to insured (beneficiaries), for reduction of the security corresponding to their constitutional law on social security at injury of their life and health. However probelnost norms about legal regulation of budgetary-financial relations on formation of means for payment of insurance premium payments from various budgets is not the sole cause of delays in realisation of insurance payments to insured (beneficiaries) 1.

The subsystem of bodies (establishments) and the organisations includes the various ministries and departments of federal enforcement authorities (insurers), and also the commercial insurance organisations [67 [68] with which the first conclude civil-law dogovory obligatory state insurance.

It is necessary to specify, that reforming of system and structure of federal enforcement authorities now is carried out (the decree of the President of the Russian federation "About system and structure of federal enforcement authorities" [69] from March, 9th, 2004 № 314) in this connection, for today are not made yet changes in corresponding federal acts (including in the Law on obligatory state insurance) and are not approved corresponding positions about each federal enforcement authority. In the dissertation, with a view of mess avoidance, former names of federal bodies of military and law-enforcement services, and in brackets their new name are specified.

To federal bodies executive власти1 which duty includes making contract of obligatory state insurance, following ministries and departments (insurers) concern:

- Federal security service of the Russian Federation;

- The Ministry of Internal Affairs of the Russian Federation;

- Central administrative board of special programs of the President of the Russian Federation;

- The Ministry of Defence of the Russian Federation;

- The Ministry of Justice of the Russian Federation;

- The state committee of the Russian Federation on the control over a turn of narcotics and psychotropic substances (Federal service of the Russian Federation under the control over a turn of narcotics and psychotropic substances);

- The state customs committee of the Russian Federation (Federal customs service).

So, for example, according to position about Ministry of Labor of Russia,

Approved by the governmental order of the Russian Federation [70 [71] from April, 23rd, 1997, the ministry co-ordinates activity of other federal enforcement authorities concerning social protection of civil servants. One of ministry functions, according to item 6 p/p 83 positions, are preparation together with the Ministry of Finance of the Russian Federation of offers on social guarantees federal

Civil servants. One of the primary goals of the Ministry of Justice of the Russian Federation is acceptance of measures on maintenance of social protection of workers of bodies and establishments of justice [72]. It concerns all other above-stated federal enforcement authorities.

Detailed consideration of features of subject structure of legal relation on obligatory state insurance will be stated in the second chapter of the first paragraph of the dissertation.

The subsystem of kinds of insurance maintenance includes features of an order of payments of insurance maintenance in the monetary form and their size depending on the insured accident. More detailed consideration of questions connected with payment of insurance maintenance will be spent in the second chapter.

Obligatory state insurance of civil servants of military and law-enforcement services provides realisation of the basic volume of single payments.

The cores the given single payments are not so much owing to their size, how many thanks to that the risk of injury of a life and to health becomes covered by these payments as much as possible widely - during all time of performance of duty. And, besides, concerning the given payments at the weakest party - the victim the volume of duties on proving essentially decreases.

C the purpose of definition of a place of obligatory state insurance among other kinds of protection we will consider in detail legal features of their realisation.

In compensation of harm of a life and to health of the persons, passing military and law-enforcement service, it is carried out also other special single payments, and payments in big enough size, comparable with the size of payments on obligatory state insurance. The given payments are carried out directly at the expense of budget means - outside the limits of the insurance mechanism. However the specified payments are carried out in that case, when the death or health damage have arisen not during all period of performance of duty, but only at discharge of duties on service (on office activity, official duties) 1.

Civil servants of law-enforcement bodies [73 [74] who to the dress (in addition to sums insured) with obligatory state insurance have the additional forms of social protection called - "compensation of the damage caused to health of the employee of militia in connection with its office activity concern them, by payment of lump sums" and "compensation of the damage caused to property of the employee of militia or its relatives in connection with office activity of the employee" [75] (item 1 of item 29 of the Law of the Russian Federation "About militia"), for example. The Lump sum is paid to military men, the citizens called on military gathering, and members of their families of following federal bodies:

■ the Ministries of Defence of the Russian Federation (the order of the Ministry of Defence of the Russian Federation "About a payment order in the Ministry of Defence of the Russian Federation

Lump sums to military men, the citizens called on military gathering, and members of their families "1 from February, 2nd, 1999 № 55);

■ Federal security service of the Russian Federation (the order of FSB of the Russian Federation "About the Instruction statement about an order of payment of lump sums the military man of bodies of federal security service, citizens,

' AT

Called on military gathering, to members of their families "from May, 29th, 1999 № 232);

■ Central administrative board of special programs of the President of the Russian Federation (the order of Central administrative board of special programs of the President of the Russian Federation "About a payment order in Service of special objects at the President of the Russian Federation of the lump sums established by points 2 and 3 articles 18 of the Federal act" About the status of military men ");

■ Federal agency of the governmental communication and the information at the President of the Russian Federation (the Federal agency for government communication and information order "About a payment order in federal bodies of the governmental communication and the information of lump sums the military man. To the citizens called on military gathering, and members of their families" [76] [77] [78] from July, 11th, 2001 № 193);

The legislator has carried to cases at which the lump sum is paid:

- Preschedule dismissal of military men (the citizens called on military gathering) in connection with their recognition not suitable for military service owing to a mutilation (wound, a trauma, a contusion) or the disease received at discharge of duties of military service.;

-  destruction (death) of the military man (the citizen called on military gathering), come at execution of duties of military service by them, or their death as a result of the health damage, come before the expiration of one year from the date of dismissal from military service (military gathering).

At obligatory state insurance causal relationship existence between the come harm and office activity of suffered (civil servant) as it is required at payment of lump sums is absolutely unessential. This fact is the basic moment, dividing two versions of payments. Insurance payment on obligatory state insurance will be is made under condition of approach of insurance event in service [79].

Thus, in case of  destruction (death) of the civil servant or reception of damage of the health which has served by the reason for preschedule dismissal from service by it, not at discharge of duties of military service the lump sum is not paid to the military man or members of his family, but the sum insured on obligatory state insurance is paid thus

Expenses on payment of lump sums in damage compensation are made at the expense of the corresponding estimate of the maintenance of division of militia (law-enforcement body) in which the employee occupied posledneju a post.

In case of  destruction (death) of military men (the citizens called on military gathering) in specified cases the lump sum in size - 120 salaries of the monetary maintenance established at date of payment of the grant is paid.

At preschedule dismissal specified above persons in connection with their recognition not suitable for military service owing to a mutilation (wound, a trauma, to a contusion) or the disease received at discharge of duties of military service, it pays a lump sum in size:

■ to the military men serving under the contract - 60 salaries of the monetary maintenance defined proceeding from the salary of the monetary maintenance (the salary on a post and military rank) these military men established at date of payment of the grant;

■ the military man, passing military service on an appeal, the citizens called on military gathering — 60 minimum monthly salaries on a military post under the first tariff category provided for military men at date of payment of the grant, or in other size defined by the federal act.

At research of features of relations of the lump sums connected with payment by the civil servant there is a question on its parity with insurance payments on obligatory state insurance of the same category of civil servants. Here it is necessary to specify the following. The specified version of protection of civil servants is only one of (additional) versions (the second after obligatory state insurance) systems of protection of the given persons.

As to the basic part of periodic (monthly) payments they are provided within the limits of other mechanism — the mechanism of a provision of pensions of military men and serving law enforcement bodies, and also within the limits of the basic mechanism of the civil-law tort.

Thus, the third kind of the given protection is the mechanism based on a provision of pensions, providing periodic (monthly) payments which are carried out:

1) for the persons who were passing vo¾nnuju or law-enforcement service, but not being the persons, passing military service on an appeal as soldiers, sailors, sergeants and foremen — on the basis of the special legislation and at the expense of means of the federal budget (the Federal act "About the state provision of pensions in the Russian Federation" 1 from December, 15th, 2001 № 166-FZ (item 8 item 1); the Law of the Russian Federation "About a provision of pensions of the persons, passing military service, service in law-enforcement bodies, the State fire service, bodies under the control over a turn of narcotics and psychotropic substances, establishments and bodies of criminally-executive system, and their families" from February, 12th, 1993 № 4468-1 (paragraph 3 and 4 items 5);

2) for the persons, passing military service on an appeal as soldiers, sailors, sergeants and foremen — on the basis of the general pension legislation, but also at the expense of means of the federal budget (the Federal act "About the state provision of pensions in the Russian Federation" (item 2 and 3 items 8); the Law of the Russian Federation "About a provision of pensions of the persons, passing military service, service in law-enforcement bodies, the State fire service, bodies under the control over a turn of narcotics and psychotropic substances, establishments and bodies of criminally-executive system, and their families" [80 [81] [82] from February, 12th, 1993 № 4468-1 (item 2 paragraph 1).

In a case when the insured risk was realised in working hours of the civil servant of military and law-enforcement services — in execution by the employer (state) of the legal tort liability, caused to a life and health of such person, to above specified three kinds of protection - to obligatory state insurance, a lump sum (single payments) and to a provision of pensions (to periodic (monthly) payments - the fourth kind is added still. It is the mechanism in which basis civil-law norms about tort liability of the employer (state) for the harm caused to a life and health of the civil servant (item 1084 GK) lay. On its basis the employer (state) compensates harm, thus without the payments which are carried out by the employer (state) within the limits of first three kinds of protection.

Civil-law norms about tort liability of the employer (state) for the harm caused to a life and health of persons, passing military and law-enforcement service, establish a following rule: "At definition of the lost earnings (income) of the disability pension, appointed to the victim in connection with a mutilation or other damage of health, and equally other pensions, grants and other similar payments appointed both to, and after injury to health, are not taken into consideration and do not attract reduction of the size of compensation of harm (are not enlisted in the account of compensation of harm)..." (Item 2 of item 1085 GK). Judiciary practice now follows the given norms and goes on a recognition way not their subsidiary action concerning the employer (state) [83].

Last fifth kind of protection of civil servants is the mechanism of indemnification of moral harm (item 12 GK) which also as well as the previous kind protection (tort), operates concerning the employer (state) only when the insured risk was realised in working hours (the item of item 151 and 1099-1101 GK).

The legal subsystem of obligatory state insurance of separate categories of civil servants consists of normative acts by means of which legal regulation of public relations in given сфере1 is carried out.

Standard legal acts on obligatory state insurance in system of the Russian legislation include the standard legal acts directly specifying in carrying out of obligatory state insurance and standard legal acts, defining a legal status of civil servants of military and law-enforcement services.

The basic normative act defining conditions and a procedure of obligatory state insurance, the Federal act "About obligatory state insurance of a life and health of military men, the citizens called on military gathering, persons of ordinary and commanding structure of law-enforcement bodies of the Russian Federation, the State fire service, bodies under the control over a turn of narcotics and psychotropic substances, employees of establishments and bodies of criminally-executive system and employees of federal bodies of tax police" from March, 28th, 1998 № 52-FZ is.

It is necessary to notice, that the Federal act "About bases of obligatory social insurance" [84 [85] from July, 16th, 1999 № 165-FZ (item 1 item 6), regulating relations in system of obligatory social insurance, does not extend on the relations connected with obligatory state insurance as these relations are regulated by the special legislation [86].

Having considered basic elements of structure of system of social protection of employees of military and law-enforcement services on obligatory state insurance, we will pass to other positions of work.

In a science often there is a discussion concerning a question on the legal nature of legal relation of obligatory state insurance developing at realisation. Consideration of the given question has both theoretical, and practical value. Wrong qualification of the specified relations, first, leads to considerable number of proceedings in connection with wrongful refusals in payment of insurance maintenance, and secondly, often does not give or interferes with possibility of appropriate protection of interests of civil servants (beneficiaries), and also interests of the state in the name of federal enforcement authorities (insurers) and the insurance organisations (insurers) as inexact definition of character of requirements of one participants of the given relations to another attracts infringement of interests of the named persons.

So, it is easy to notice absence of direct fastening by the legislator in instructions normative acts on definition of a kind of investigated insurance relations, that, probably, it is connected with politiko-psychological aspects, than with the legal and economic nature of data страхования2.

In the Law on obligatory state insurance and the Civil code there are only indirect indications that the given insurance is connected with the life insurance. The partition of understanding of the nature of developing relations that in the majority of the normative acts regulating an order of service of separate categories of civil servants, norms about obligatory state insurance contain in same articles together with norms about indemnification the civil servant personal and the property damage caused by it at performance of official duties becomes complicated.

For correct explanation of a considered problem we will stop on a summary of an essence of a question. So, developing relations on obligatory state insurance can be considered or as:

1) personal insurance \the Life insurance — the insurance providing risks which human lives threaten, to its work capacity, health. Thus sums insured do not represent cost (the size of a damage) put loss of property or ущерба2. [87]

2) insurance of "responsibility" of the state (as employer of the civil servant) for the harm caused to a life and health of the civil servant. As an example serves the Civil code item 1084, establishing tort liability of the employer at injury of a life or to health of the citizen at execution of treaty obligations (including at discharge of duties of military service, service in militia and other corresponding duties), i.e. traumas and diseases which have occurred (have arisen) in connection with military and law-enforcement service. The legal responsibility mediated by the mechanism of the civil-law tort of the employer, comes at the state (employer) only in the presence of its fault (except for cases of injury by a source of the raised danger).

The purpose of legal responsibility is restoration of the broken right, including compensation of the property damage caused by given infringement, and the bases of its occurrence: the rule of law expressed in the law (legislative ground), a offence (the actual basis).

As some authors of publications on insurance unlike the life insurance where insurance is spent on a case of approach of the certain insurance events connected with a life and health fairly mark, the primary goal of indemnity against liability is protection of valuable interests of physical persons against possible injury (damage). Thus the third parties by which owing to the law the corresponding payments compensating damnified (damage) to their material condition and health are made, are not defined in advance. The third party comes to light only at approach insurance случая1. [88]

From the told the conclusion, that obligatory state insurance urged not to compensate loss of civil servants that takes place at a legal employer's liability before the hired worker follows, and to provide indemnification of a damage by the organisation of special monetary funds. The basis for occurrence of responsibility for injury is the fact of injury and fault presence (chapter 59 GK). So, for example, legal bodies or citizens bear the tort liability, caused by their workers at execution of labour duties (item 1068 GK); the organisations and the citizens which activity is connected with the raised danger to associates, are obliged to compensate the harm caused by a source of raised danger (item 1079 GK). Conditions and an order of payment of the sums insured defined by the Law on obligatory state insurance, do not provide an establishment prichinitelja harm, its fault. The sum insured guaranteed and fixed on the size by the state, is the special additional form of protection of military men and serving law enforcement bodies. The given fixed insurance payments in no event cannot be perceived as the full indemnification of a damage to health which was received by the employee in service. Besides, obligatory state insurance should not be identified with legal responsibility of federal enforcement authority before the civil servant owing to that event for which the specified body of responsibility does not bear can be the basis of payment of insurance maintenance as it has come not at execution by the civil servant of the official duties. It is necessary to notice, that the civil servant of the military or law-enforcement services who received damage of health on military service and have realised in full the right to reception of sums insured defined by the law, can, in the presence of the bases, to achieve from the employer (corresponding federal enforcement authority) compensation of a damage to health in full.

3) the mixed insurance in which insurance of civil "responsibility" of the state and the life insurance (item 3 of item 421 GK) are connected. The parties can conclude the contract in which elements of various contracts contain, statutory or other legal acts. To relations of the parties under the mixed contract are applied in corresponding parts of a rule about the contracts which elements contain in the mixed contract if other does not follow from the agreement of the parties or a being of the mixed contract.

Really, in spite of the fact that a similar kind of insurance of the civil servant as the history shows, were born from voluntary insurance of the tort liability assigned to the employer for the harm, the caused industrial accident, the state seldom characterises the given insurance as insurance of the

Responsibility or, differently to tell, an employer's liability.

Considering ambiguous character of developing relations and absence of express indication of the legislator about the legal nature

Considered kind of insurance, we tend to its recognition to the personal is insured iem.

Let's pass to consideration of features of the civil-law mechanism of realisation of obligatory state insurance of civil servants of military and law-enforcement services.

According to the legislation of the Russian Federation (item 1084 GK) under the general rule the harm caused to a life and health of the worker at performance by it of labour duties, is compensated within the limits of civil-law institute of tort liability. As it is represented, on these relations the constitutional rule does not extend that everyone has the right on vozmettsenie the state of the harm caused by illegal acts (or bezdejstvijami) of public authorities or their officials (Constitution article 53, item 1069 GK). First, in relations with the persons, passing military and law-enforcement services, the state acts not as the public authority carrier, and as the subject of office legal relation - the employer (in wide, constitutional, sense). And secondly, uneasy enough to consider all those actions of the state which concern an establishment of problems (task) on maintenance of defensibility of the country, legality, the law and order and the public safety the persons, passing military and law-enforcement services, and are an original cause of the harm caused to a life and health of these persons as illegal (that the constitutional norm demands).

At the same time, non-use of the konstitutsionno-legal responsibility provided by item 53 of the Constitution, does not mean, that it is not necessary to consider by granting of protection of a life and health of the persons, passing military and law-enforcement services, public character of duties of these persons. The legislator carries out the account of these features of office activity of the specified persons as follows: their life and health are protected by the state for all period of service (and even in some bolshy the period), thus is compensated to them the harm caused not only in connection with direct execution by them of labour duties, but, that is very important, and out of such communication (item 2 of item 1 of the Law on obligatory state insurance).

Doktrinalnye representations about a legal mechanism of realisation of obligatory state insurance directly are connected with selected rather and conditions of its realisation. The legislator had some possible variants in legal mechanism election on realisation of payments of sums insured to persons whom has been damnified a life and health in passage of military and law-enforcement services by them.

Let's consider in detail all possible variants. The legislator, for example, could fix the mechanism of compensation of the harm, based on creation in the budget of the state of special funds of the public funds operated bodies gs; udarstvennoj the authorities.

However in the given mechanism there is an essential negative moment: the source of means at fund for payments only one is a federal budget. At a delay of means from the federal budget payments to insured (beneficiaries) are late also. The mechanism of similar compensation of harm, regarding maintenance with its necessary means, will be is administrative-budgetary.

Positive feature of the given mechanism is that circumstance, that between the state - that who finances realisation of payments, and the beneficiary practically is not present

"Intermediate links" - the persons consisting between sustained and that who finances payments carried out to it.

Such mechanism operates now for realisation not

Single, and periodic (monthly) payments to victims — pensions and other, to the persons, passing (passing) military and law-enforcement service [89].

It would be possible to use and other mechanism financially steadier. It consists that separately from the federal budget the off-budget money resources operated the state legal bodies for which account periodic payments are carried out accumulate. Thus as a source of these means acts not only the budget, but also other sources not dependent on it (for example, payments on insurance of the persons who are distinct from what pass military and law-enforcement services). Presence of independent sources of means also increases the finance uju stability of such mechanism. Though in this mechanism also there is "intermediate link" - the state legal body, but all actions of this "intermediate link" according to its legal status is rigidly supervised by the state on the basis of norms not private, but the public law [90].

The one more (third) variant is realisation of compensation of the specified harm on the basis of the civil-law contract of the insurance concluded with the commercial insurance organisations, operating in the conditions of a competition. The specified mechanism of classical insurance is one of the most ancient and the most effective which is a starting point for any branches, forms and insurance kinds. An economic principle of classical insurance is solidary mutual aid of people to which the misfortune on the basis of the preliminary closed apportion of a possible damage between all insurers without an exception threatens. The additional circumstance causing economic efficiency of this solidary mutual aid, consists in presence of rigid protection of insurance means from no-purpose use. So, as a bright example federal act acceptance according to which the state has the right served was to withdraw means from various funds in бюджет2. As practice shows modern pravoprimenitelnaja, collecting by beneficiaries judicially insurance payments and penalties for their delay is much more successfully carried out from commercial insurers, than from the public. To collect from the state and its bodies (organisations) debts at all times was extremely uneasy.

For realisation of obligatory state insurance of civil servants of military and law-enforcement services the legislator has selected the civil-law mechanism of its realisation, with participation of exclusively commercial insurance organisations.

Under the civil contract of obligatory state insurance a subject of insurance protection is the intangible benefit which protection is generated by the insurable interest of the carrier of these blessings, realised through a property right on sum insured reception.

So, relations between the insurance organisation and other participants of insurance legal relations — the insurer and the beneficiary, arise on the basis of the civil-law contract of obligatory state insurance (article 6 of the Law about obligatory state insurance) [91].

The given legal mechanism of realisation of insurance protection of employees allows to create effective system of protection of valuable interests of the citizens, providing real indemnification of losses at the expense of insurance company reserves at loading decrease on the federal budget, and also does not suppose monopolisation of this sphere of insurance activity.

In an ideal such organisation (way) of compensation of harm possesses certain positive lines, a basis from which is increase of financial stability of the mechanism of compensation of harm. Really, in this case there is a decentralisation of sources of means for payments and increase in an integrated insurance field at the expense of other kinds of insurance which are carried out by the insurer, including, and concerning other insured. The federal budget becomes not the only thing, and only one of set of sources of means for payments — means which are consolidated and "mix up" in the insurance fund [92].

Despite economic difficulties, in the conditions of unevenness of budgetary financing, the insurance organisations aspire to carry out properly of the obligations to insurers, frequently using means for payments of insurance maintenance from own reserves. For example, only the Military-insurance company for the six-summer period of the activity has made payments of insurance maintenance more than to 250 thousand military men and members of their families for the sum more than 1,5 mlrd, roubles in full conformity with the current legislation and in the terms established by the contract. Activity of the insurance organisations is under constant attention of the state control and auditing bodies.

Under the general rule fixed in the civil legislation, the insurer, as the commercial organisation, answers for obligations all property belonging to it (operates the rule of "the general pledge" - as though "pledge" of all property in maintenance of execution of obligations (item 1 of item 56 GK). So at insufficient receipt of means from one insurer the insurer has possibility to carry out insurance payment at the expense of insurance fund — after all it is formed not only at the expense of means of this one insurer.

Moreover, similar payment can not result, and usually does not result, to insolvency of financially steady insurer. It gives the chance not only to form insurance reserves at a rate of deferred liabilities — that which time of performance yet has not expired, but also on the basis of arrived by various kinds of insurance of insurance premium payments to cover these reserves with liquid actives in the form of money resources on accounts in banks, securities and so on.

Similar actives testify to presence at the insurer of temporarily available assets before beneficiaries of that insurer which detains insurance premium payment payment, and to use available "respite" compulsorily to collect from this insurer not paid insurance premium payments.

In an aforesaid kind, the insurance legislation obliges the insurer, with a view of maintenance of its financial stability, to form insurance reserves (item 1 of item 26 of the Law of the Russian Federation "About the organisation of insurance business in the Russian Federation"). Besides, the insurer has own means caused by presence at it of other statutory basis of financial stability — the charter capital, and also possibility of use of system of reinsurance (paragraph 1 of item 25 of the specified Law), the emergency fund and profit. At the expense of these means obligations of the insurer also can be executed. The person who is carrying out enterprise activity on the risk, bears risk of insolvency of the counterpart under the contract, that is the given insolvency cannot release it from execution of the accepted obligations (item 3 of item 401 GK).

In addition to it, owing to the constitutional importance of compensation of the harm caused to a life and health of civil servants of military and law-enforcement services, item 2 of item 3 of the Law on obligatory state insurance provides necessity of presence at the insurance organisations which are carrying out the given kind of insurance, the special financial reliability guaranteeing finansovoju security of insurance obligations taken on responsibility (inadmissibility to be the associated companies in relation to foreign investors (the basic organisations) or to have a share of foreign investors in the charter capital more than 49 percent (item 3 of item 6 of the Law of the Russian Federation "About the organisation of insurance business in the Russian Federation).

At the same time, a considerable minus of that mechanism in which the commercial insurance organisations participate, that "intermediate link" - the commercial insurance organisation, owing to a being of the legal status, has the strongly pronounced private interest in insurance spent by it, and the state control over it, carried out on the basis of norms of the public law is, is much less rigid, than in the previous variant - with official body participation (off-budget fund).

The tendency of development of the insurance legislation testifies to purposeful expansion of private-law norms to regulation of insurance relations with participation of subjects of the public law. It specifies all in aspiration of the legislator to apply the civil-law protection frames of subjects of the corresponding legal relations perfected by centuries, being the best guarantor of appropriate execution of treaty obligations. A vivid example is introduction by the legislator:

1) compulsory insurance of risk of the responsibility before the Pension fund of the Russian Federation and operating companies for infringement of contracts on rendering of services of the specialised depositary, caused by errors, negligence or deliberate wrongful acts (bezdejstvijami) workers of the specialised depositary or deliberate wrongful acts of others лиц1;

2) compulsory insurance of risk of responsibility of the operating company before the Pension fund of the Russian Federation for infringement of contracts of confidential management to means:!: pension accumulation caused by errors, negligence or deliberate wrongful acts (bezdejstvijami) workers of the specialised depositary or deliberate wrongful acts of other persons [93 [94];

3) the obligatory conclusion of exclusively civil-law contract (thus, excepting the employment contract) between the insurance agent and the insurer in which interests the first carries out the activity [95].

Having considered an applied legal mechanism of realisation of obligatory state insurance of civil servants of military and law-enforcement services it is necessary to pass to more detailed studying of legal relations arising thus, allocating their essence and a branch accessory.

Research of the relations arising at obligatory state insurance, will help to understand an essence of the civil-law mechanism of influence of rules of law on the given relations so, to provide their optimum legal regulation. In considered system of legal relations difficult character of interbranch functional interaction of various rules of law which is carried out in system of legal regulation of obligatory state insurance is reflected.

The thesis about what to solve problem of social security of citizens (including civil servants of military and law-enforcement services) within the limits of one branch of law - is impossible, as it leaves simultaneously on some branches of law among which name labour, civil, housing, family and a number of others, expressed many experts investigating given area [96]. One-branch regulation is not capable to provide nadlezhashcheju a regulation

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Interconnected and consolidated by unity of the purpose of relations. Thus arising legal relations cannot carry complex character, and their legal oposredovanie is carried out by norms of a various branch accessory. If legal regulation of this or that group of public relations is carried out by norms of various branches of law legal relations arising thus will co-operate with each other, but to keep the branch accessory. It is possible to designate them as "a file of social communications of various groups of relations" or "an interbranch legal file of functionally connected norms" (on S.A.Komarova's terminology), or complex branches законодательства1. The author of dissertation is not the supporter of application of the term "complex formations" at a legal designation of set of various rules of law on a branch accessory regulating relations on obligatory state insurance. Complex legal educations look hardly probable not the puzzle in the legal system. A riddle, in particular, is, their proof aversion from jurists. However absence of such formations can

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To testify only to backwardness of corresponding spheres. At the same time many outstanding scientists, for example, S.S.Alexey, V.K.Rajher, JU.K Tolstoy, M.D.Shargorodsky, M.J.Shiminova, D.I.Korchevsky and have supported others idea of the basic and complex branches (as secondary structure of the right) the rights, have enriched with its new arguments.

For obligatory state insurance following legal relations are characteristic. First, legal relations between corresponding state body (federal enforcement authority) and the civil servants who are passing in it service. Result of these relations is that corresponding employees have the right to be insured at the expense of means [97 [98] corresponding state bodies, and the given body is obliged at the expense of the means received on these purposes from the federal budget, to insure the given employee. The given relations are regulated by norms of the law of master and servant.

From considered legal relations proizvodna another, the second, group of legal relations, namely relations between federal enforcement authority which is obliged to insure the employees, and financial body into which duties enters to allocate for these purposes the money resources provided by the federal budget. Owing to the character and structure of participants the given relations are regulated by norms of the financial right.

Obligatory state insurance is realised by the conclusion of the civil-law contract between corresponding enforcement authority, on the one hand, and the insurance organisation — with another. The insurer - federal enforcement authority - has the right to choose the insurance organisation for realisation of insurance payments to insured (beneficiaries) [99]. Thus, the third group of relations is regulated by norms of the civil legislation. As to relations between the insurer and the insured (beneficiary), arising concerning payment of insurance maintenance they also are regulated by norms of civil law.

In connection with the legal relation aforesaid on obligatory state insurance it is possible to classify on a branch accessory and to allocate civil, financial, labour. And relations on payment of insurance maintenance, undoubtedly, are the centre of all system of considered legal bonds as in them the right of the insured person (beneficiary) as the central subject of insurance on reception at approach of the insured accident of insurance payment is realised. Hence, relations on obligatory state insurance are at the heart of the grazhdansko-pravovymi1. All other legal relations have auxiliary, serving character, in them the rights and duties of subjects of obligatory state insurance connected, with payment of insurance premium payments, managements of a financial system etc. [100 [101] are realised.

In the light of variety of arising legal relations the impression about existence of the uniform tripartite legal bond is made. In this connection there is a question on correctness of the given point of view. Serious doubts arise in proper design of tripartite or multisubject legal relations because, as a rule, all these legal bonds can be divided into two or several bilateral legal relations. The so-called tripartite legal bond actually is not one, and three legal relations. The first arises between the insured person and the insurer, for example at receipt on public service, and from its maintenance the derivative right of the worker (the corresponding employee) to demand transfer of insurance premium payments and a duty of the employer (insurer) such transfers to carry out [102]. The second legal relation arises between the insurer and the insurer concerning making contract of insurance in favour of the third party — the insured person (beneficiary) and the subsequent payment of insurance premium payments. The contract of obligatory state insurance [103] consists in writing for one calendar year and should include agreements on insured persons, on obligations and responsibility of the insurer and the insurer, the list of insured accidents and ways of transfer (payment) of sums insured to the insured person (beneficiary) (article 6 of the Law about obligatory state insurance).

And, at last, the third legal relation derivative from first two, develops between the insurer and corresponding financial body which duty includes transfer of money resources to the insurer under the concluded contract of insurance.

There are other sights concerning multilateral legal bonds. So, for example, M.V.Lushnikova2 considers existence of uniform indivisible tripartite is social-insurance legal relation. As an example obligatory medical insurance which consists of three vzaimouvjazannyh legal relations which cannot exist independently, separately serves. The first legal bond is formed between the insured person and the insurer, the second — between the insurer and the insurance organisation, the third - between the insured person and the insurance organisation.

Last legal bond she names is social-alimentary on the ground that for the insured person medical services appear free of charge (that not indisputably), and to medical institution they are paid страховщиком1.

[104 [105] conditional division of the basic legal relation offered V.N.Skobelkinym on primary and secondary, in our opinion, is deprived practical sense, after all realisation of the right to insurance maintenance is possible only in the presence of all legal bonds, statutory. Realisation of the right to payment of insurance maintenance (compensation) is impossible without occurrence and the termination of some procedural legal relations.

Thus, it is possible to draw a conclusion: any tripartite legal relation can be considered as a complex of the interconnected legal relations of bilateral type. Application of a difficult and bulky design of multilateral legal relations does not allow to show an interconnection of the rights and duties to the full.

Summing up told, it is possible to formulate definition of legal relations on obligatory state insurance. Legal relations on obligatory state insurance are legal bonds between subjects of obligatory state insurance (insured (beneficiaries), insurers, insurers), expressed in korrespondirujushchih each other the rights and the duties, directed on maintenance of social protection of interests of citizens — civil servants of military and law-enforcement services and interests of the state by maintenance of probable material requirements of the specified employees and members of their families caused by causing of a property damage (harm) of their life and health.

As obligatory state insurance is one of organisation-legal forms of social protection who is regulated as it has been shown above, rules of law of a various branch accessory, there is a question on a place of the norms mediating investigated insurance legal relations, in system of civil-law obligations.

Defining a place of the rules of law regulating the relations on obligatory state insurance in system of civil-law obligations on insurance, it is necessary to consider structural feature of system of civil law as a whole. First of all, we will notice, that its consideration is interfaced to a number of general-theoretical problems which the scientists-lawyers who are engaged in research of the given question directly face.

One of them is a legal system as the objective phenomenon. It (system) represents the internal structure (structure) of the right reflecting association and differentiation of legal rules [106]; Elements of such formation are legal rules, legal institutions and branches of law. The rule of law, being the is formal-defined rule of behaviour, is a primary and final section of the legal system.

In turn, the right institute is the isolated set (group) of the legal rules, called to regulate within the limits of a subject of the given branch of law defined, possessing relative independence, public отношения1. As to concept of the legal institution in jurisprudence accurate criteria for a recognition as the legal institution of this or that group of rules of law are not developed enough. The reason of this position is various abusings of scientific and practical workers this term and which mechanically, without the necessary argument, apply it to any legal phenomenon.

For example, in civil law to number of legal institutions carry the general part, the property right, a liability law, etc. C other party, separate kinds admit the literature institutes grazhdansko - legal contracts (insurance, purchase and sale, delivery, podrjada etc.). There is a difficult situation at which "the civil law institute" covers concept both a liability law, and the conventional law, and the insurance contract.

Now there are other opinions concerning a place of the rules of law regulating insurance relations in structure of divisions of the legal system. During the Soviet period (in 20th years) the problem of the insurance right has been deeply investigated by E.Menom. He considered, that raznootraslevye the norms regulating corresponding relations in sphere of insurance, do not keep within one of branches public and private law. According to the scientist, this group of the norms regulating insurance activity, should be carried to independent branch of law.

C S.A.Rybnikova's points of view, compulsory insurance, being shown in the form of definitions of a public duty, is institute public [107 [108] права1. V.K.Rajher has proved presence of the insurance right as complex branch. In the course of regulation of concrete public relations, in particular insurance protection of industrial forces of a society and a material well-being of citizens, last (relations) remain simultaneously independent elements of various branches. Forming thus branch as considers V.K.Rajher, it possesses the unity consolidated on the basis of independently existing subject of legal regulation. The theory of complex branches has not found a positive response at the Island And. Krasavchikova which specified in ambiguity of the term "branch", that creates wrong representations, some kind of illusions that though the complex branch and is not the basic (independent), that less all the same it is branch though also complex [109 [110] [111].

On a position of negation of insurance as complex branch (complex formation [112]) there is V.N.Jakovlev. He considers, that set of diverse norms on insurance cannot be called as branch of the insurance right, at least with an epithet "complex" as does not possess the property of independence inherent in branches. According to the author, insurance is even not complex legal institution as they (relations) do not represent a strong generality.

Offered взгляды1 of structural division of the legal system convinces of complexity of considered position about an accessory of the insurance right to this or that branch of law. Some scientists an exit from this situation try to find by input in a scientific turn of such terms as "podotrasl the rights" and "right subinstitute" In our opinion, the given approach is represented interesting and is worthy.

The body of laws, regulating the insurance legal relations, many scientists is considered as civil-law institute. For example, O.A.Krasavchikov makes following definition of insurance: "it... The civil-law institute consisting of a complex of rules of law, regulating the property and personal non-property relations arising at creation and use of the insurance fund" [113 [114].

C civil-law positions consider K.A.Grave and L.A.Lunts's insurance right. The relations arising concerning voluntary and compulsory insurance, are regulated by the insurance right as branch of civil law [115]. As has fairly noted I.V.Krivosheyev, the internal contradiction is found out in this point of view, geskolku and the component (the insurance right), and whole (civil law) appear branch of the Soviet right [116].

In the light of told, it is possible to draw a conclusion, that presence of chapter 48 of the Civil code regulating the relations, connected with commercial (classical) insurance, is the basis for allocation of institute of insurance in system of civil-law obligations. Grazhdansko - rules of law by means of which civil-law regulation of relations on the obligatory state insurance is carried out, fixed in the modern civil legislation, are structurally independent and homogeneous body of rules, consolidated by unity of the maintenance, the internal communication caused by a uniform subject of regulation and unity of a special-purpose designation, that gives the bases for allocation of special subinstitute of obligatory state insurance (special subject structure of arising legal relations, necessity of presence of special structure of juridical facts) [117]. Obligatory state insurance is carried out within the limits of institute of insurance of civil law, therefore it cannot be considered in a separation from it института2.

The specified position proves to be true that rules of law of the given subinstitute in aggregate consist of legal rules of chapter 48 Civil code "Insurance", and also special federal acts. General provisions of civil-law institute of insurance (Civil code chapter 48) are applied to relations on obligatory state insurance with the features provided by special federal acts (i.e. has subsidiary character). The considerable number of the rules defining an order and conditions of realisation of obligatory state insurance, contains in special federal acts. Also it is necessary to notice, that the persons participating in legal relations on obligatory state insurance, are subjects of private law (the insurer, the insurer, insured (beneficiary). Besides, obligatory state insurance is carried out on the basis of the civil-law contract of insurance according to the rules established in corresponding laws and chapter 48 of the Civil code.

The subinstitute of obligatory state insurance as system formation represents the body of rules, insurance relations regulating a special version, has the sphere of application, the arsenal of means of legal influence, and also the problems.

Thus, researches of the civil-law nature of the specified relations allow to draw a conclusion, that obligatory state insurance of civil servants of military and law-enforcement services represents subinstitute at civil-law institute

Insurance. Besides, obligatory state insurance is a version of the obligatory form of insurance (item 3 of item 927 of the Civil code) as it is carried out owing to the law in which conditions and an order of its carrying out (item Z items 3 of the Law of the Russian Federation "About the organisation of insurance business in the Russian Federation") are in turn defined.

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A source: Cooper Sergey Vladimirovich. Civil-law regulation of obligatory state insurance of civil servants of military and law-enforcement services. The DISSERTATION ON COMPETITION of the SCIENTIFIC DEGREE of the MASTER OF LAWS. Ekaterinburg. 2004

More on topic §1. The legal nature of obligatory state insurance of civil servants and its place in system of civil-law obligations on insurance:

  1. the Head І. The legal nature and the bases of occurrence of civil matters on obligatory state insurance of civil servants of military and law-enforcement services
  2. §2. The standard and juridiko-actual bases of occurrence of civil-law relations on obligatory state insurance of civil servants
  3. the Chapter II. Civil matter structure on obligatory state insurance of civil servants of military and law-enforcement services
  4. §1. Subjects of legal relation on obligatory state insurance of civil servants
  5. §3. The legal relation maintenance on obligatory state insurance of civil servants
  6. §2. Object of legal relation on obligatory state insurance of civil servants
  7. Cooper Sergey Vladimirovich. Civil-law regulation of obligatory state insurance of civil servants of military and law-enforcement services. The DISSERTATION ON COMPETITION of the SCIENTIFIC DEGREE of the MASTER OF LAWS. Ekaterinburg, 2004 2004
  8. Chapter 1. CIVIL RESPONSIBILITY INSURANCE: CONCEPT, ESSENCE, the PLACE Of INSURANCE SYSTEM
  9. § 3. The insurance contract as the basis of occurrence of obligations on insurance of a civil liability individual, members of joint executive powers of economic societies:
  10. § 2. A place of compulsory insurance of grajashchansko-legal responsibility in insurance system
  11. § 2.1. The Legal status of subjects of insurance business in relations on civil responsibility insurance for injury
  12. § 3.1. The legal nature of the contract of insurance of a civil liability individual, members of joint executive powers of economic societies
  13. § 2.3. Judicial protection of laws of persons on insurance payments on obligatory social insurance
  14. § 2. A parity of insurance of a civil liability for injury to the third parties in the course of realisation by the insurer (insured person) of administrative activity with institute of insurance of professional responsibility
  15. genesis and the legal nature of institute of deduction as way of maintenance of obligations in the Russian civil law
  16. 3.2 Place of principles in system of civil law and system of the civil legislation
  17. Chapter 3: Obligations on insurance of a civil liability of individual/members joint executive powers of economic societies.
  18. §2. The legal nature of insurance of professional responsibility. A parity with indemnity against liability under the contract and otgranichenie from insurance of non-contractual responsibility of subjects of professionalwork
  19. system of guarantees, encouragements, restrictions and interdictions as elements of a legal status (status) of civil servants of civil department