Problems of Implementing the Principle of Guaranteeing Compensation for Harm to Victims Within the Framework of Compulsory Insurance of Civil Liability of Vehicle Owners
- Authors: Danilin E.M.1,2
-
Affiliations:
- Sixth Cassation Court of General Jurisdiction
- Samara Law Institute of the Federal Penitentiary Service
- Issue: No 9 (2025)
- Pages: 47-53
- Section: Private law (civil law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364101
- DOI: https://doi.org/10.37399/issn2072-909X.2025.9.47-53
- ID: 364101
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Abstract
Since the adoption of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” and up to the present time, in the context of changes in the legal regulation of the relevant relations and taking into account the emerging judicial practice, problems have emerged in the implementation of the principle of guaranteeing compensation for harm to victims.
The purpose of this work is to establish the reasons that reduce the effectiveness of protecting the rights of victims and to determine ways to eliminate them, for which the following tasks are solved: identifying, taking into account the purposes of the Law declared for its adoption, the main purpose of civil liability insurance of vehicle owners; determining the compliance of the existing legal regulation with the provisions of civil legislation on compensation for damages and the purposes of adopting the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”; formulating proposals to eliminate the identified deficiencies in legal regulation.
The study used formal-legal, functional methods, methods of analysis and synthesis. Conclusions are formulated that the achievement of the declared goals of the adoption of the said Law on the protection of the interests of victims in road accidents and ensuring compensation for the damage caused to them is hampered by the increasingly complex mechanism for implementing the rights of the victim and the actual establishment of additional restrictions in addition to the insurer’s liability limit.
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About the authors
Evgeny M. Danilin
Sixth Cassation Court of General Jurisdiction;Samara Law Institute of the Federal Penitentiary Service
Author for correspondence.
Email: Eugene.Danilin@gmail.com
Candidate of Science (Law), Judge of the Sixth Cassation Court of General Jurisdiction, Lecturer of the Samara Law Institute of the Federal Penitentiary Service.
Russian Federation, Samara, Russian FederationReferences
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