Обязательное страхование ответственности за причинение морального вреда

Abstract

The article analyses the legal regulation of civil liability insurance for moral damage. The author aims to find out whether the current insurance legislation is necessary and sufficient to introduce compulsory insurance of such liability. It is proved that the insurance of civil liability for moral damage within the meaning of the current versions of paragraph 1 of Article 931 of the Civil Code and paragraph 6 of Article 4 of the Law on the Organisation of Insurance business is lawful. The lack of uniform criteria or methods for calculating the amount of compensation for moral damage makes it difficult to assess the insured interest and is the reason for the rarity of this type of insurance in our country. The author comes to the conclusion that the existing prohibition against the introduction of compulsory insurance of civil liability for moral damage is an unjustified excessive regulation. A proposal is formulated to include in the Concept of Development of the provisions of Part Two of the Russian Civil Code on the insurance contract a provision on amending paragraph 1 of Article 935 of the Code in terms of expanding the list of types of civil liability in respect of which the law may establish the obligation to insure the corresponding risk.