Reference:
Rybka O.S., Lyapustina N.A..
Problems of legal regulation of MTPL insurance in the Russian Federation
// Legal Studies. – 2024. – № 6.
– P. 15-29.
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Abstract: The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
Keywords: insurance fraud, separation of powers, penalties, collection in excess of the limit, failure to provide documents, restorative repairs, abuse of right, problems of law enforcement, judicial practice, MTPL insurance
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