Institute of the Financial Commissioner as a tool for resolving insurance disputes

Abstract

The subject of the study is the specifics of legal relations arising in the sphere of functioning of the institution of the financial commissioner as an instrument for resolving insurance disputes. Due to the fact that the novelty of the Institute of the financial Commissioner has caused sufficient activity of research interest in scientific circles over the past five years, the author of this study pays attention to certain aspects not previously studied. The object of the research is the institution of the financial commissioner as a tool for resolving insurance disputes in the context of its doctrinal understanding and legal essence. Particular attention is paid to the transformation of the method of alternative settlement of insurance disputes (in foreign legal systems) into a jurisdictional institution providing mandatory pre-trial settlement. The main conclusions reached by the author are as follows. The domestic Institute of the Financial Commissioner distorts the legal nature of the institution of the financial Ombudsman, transforming an alternative way of resolving the dispute into a stage of consideration of the appeal as a mandatory pre-trial settlement. From an effective tool for resolving an insurance dispute, forming a systematic approach to resolving standard disputes and optimizing the insurance services market as a whole, the institution of a financial commissioner has been turned into a mandatory jurisdictional stage for considering insurance disputes of a certain category. The regulatory framework governing the activities of the financial Commissioner does not include professional and functional special principles of activity. Meanwhile, it is the special functional principles that determine the legal essence of the institution of state power authorized to consider appeals in any field. The conclusion is formulated about the incomplete implementation of the requirements of Federal Law No. 123-FZ, which is confirmed by the analysis of information from open sources. The main contribution of the author to the research of the topic is the analysis of the legal nature and purpose of the institution of the financial commissioner as a tool for resolving insurance disputes. The scientific novelty lies in the substantiation of the conclusion about the transformation of the institute implemented from foreign legislation into an institute with a fundamentally different purpose and content.