Щодо застосування оперативно-господарських та адміністративно-господарських санкцій до суб’єктів посередницької діяльності у сфері страхування.

Abstract

The article investigated the problematic issues the reasons, conditions, and forms of economic and legal responsibility of insurance intermediaries were analyzed. The grounds for application of measures of economic legal liability, with specification of contractual and non-contractual grounds of this responsibility to intermediary entities in the insurance field were determined. It is proposed to attribute to contractual grounds the following offenses: excess of powers in the conclusion of contracts; violation of terms of funds transfer or registration of insurance contracts; disclosure of confidential information, including that relating to the secrecy of insurance; provision of mediatory services of inadequate quality (incomplete or incorrect insurance counselling, mistakes in representing the client's interests with third parties, other breaches of obligations arising from contracts with insurers or policyholders). At the same time, the contractual grounds of the economic legal liability of intermediary entities in the field of insurance can be specified depending on the subject (insurance agent, insurance broker, reinsurance broker). To the non-contractual basis of economic and legal liability of insurance intermediaries it is offered include: violation of the implementation of the insurance or reinsurance broker (such as enforcing the exclusive activity, financial discipline, violations of requirements set to operate with insurance contracts with insurers – nonresidents); violation of the requirements for the activity of an insurance agent who has the right to engage in intermediary activities in the field of compulsory insurance of civil liability of owners of land vehicles. It is additionally justified to supplement these grounds with the violation of the rules and standards of professional mediation in the field of insurance and to consolidate all non-contractual grounds in the Law of Ukraine «On Insurance». It is proposed to include to operational and economic sanctions, which can be applied to the insurance intermediary in case of breach of contractual obligations, the following: one-sided refusal to fulfil its obligation, with the release of the policyholder from liability; refusal to pay remuneration (in whole or in part); refusal to accept the obligation; unilateral termination of the mediation agreement for up to 3 months; unilateral termination of the mediation agreement. It is determined that among administrative and economic sanctions that can be applied to insurance intermediaries for violation of the rules of intermediary activity, there may be administrative and economic penalty, exclusion from the register; stopping activities until elimination of violations.