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AN INSURANCE AGREEMENT AS A REGULATOR OF INSURANCE RELATIONS

Надія Василівна Міловська

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Abstract

The article studies the general provisions of insurance contracts as an effective and efficient means of regulating insurance relations. It is noted that taking into account the level of development of insurance relations, which is based on the rules of national and international law, directly depends on the perfection of national legal institutions and legislation in the context of European integration processes related to the signing of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, there is an urgent need to improve the mechanism of legal regulation of the private law segment of relations in the area of insurance services. The judicial practice of the relevant authorities, which proves numerous cases of unequal application of legal requirements when reviewing cases related to the provision of insurance services, gives a boost. It is stressed that in the system of civil law contracts, it is appropriate to consider insurance contracts as a subtype of civil legal obligations within the framework of the type of service contracts, the main feature of which is that the provision of a service is inseparable from the activities of the person - the provider of services (the provision of an insurance service is inseparable from the activities of the insurer), and the beneficial effect of such activities lies in the process of providing the service itself. In the research analysis statutory acts in the area of insurance relations is provided and best practices of the legal regulation of insurance relations is investigated. There are theoretical interpretations of the legal doctrine and law enforcement practices in the area under study. The author determines the place of contractual insurance obligations in the system of civil law obligations, the correlation of the subject and object of the insurance contract, the essence of the insurance service and insurance risk.

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The article studies the general provisions of insurance contracts as an effective and efficient means of regulating insurance relations. It is noted that taking into account the level of development of insurance relations, which is based on the rules of national and international law, directly depends on the perfection of national legal institutions and legislation in the context of European integration processes related to the signing of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, there is an urgent need to improve the mechanism of legal regulation of the private law segment of relations in the area of insurance services. The judicial practice of the relevant authorities, which proves numerous cases of unequal application of legal requirements when reviewing cases related to the provision of insurance services, gives a boost. It is stressed that in the system of civil law contracts, it is appropriate to consider insurance contracts as a subtype of civil legal obligations within the framework of the type of service contracts, the main feature of which is that the provision of a service is inseparable from the activities of the person - the provider of services (the provision of an insurance service is inseparable from the activities of the insurer), and the beneficial effect of such activities lies in the process of providing the service itself. In the research analysis statutory acts in the area of insurance relations is provided and best practices of the legal regulation of insurance relations is investigated. There are theoretical interpretations of the legal doctrine and law enforcement practices in the area under study. The author determines the place of contractual insurance obligations in the system of civil law obligations, the correlation of the subject and object of the insurance contract, the essence of the insurance service and insurance risk.

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Available abstract

The article studies the general provisions of insurance contracts as an effective and efficient means of regulating insurance relations. It is noted that taking into account the level of development of insurance relations, which is based on the rules of national and international law, directly depends on the perfection of national legal institutions and legislation in the context of European integration processes related to the signing of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, there is an urgent need to improve the mechanism of legal regulation of the private law segment of relations in the area of insurance services. The judicial practice of the relevant authorities, which proves numerous cases of unequal application of legal requirements when reviewing cases related to the provision of insurance services, gives a boost. It is stressed that in the system of civil law contracts, it is appropriate to consider insurance contracts as a subtype of civil legal obligations within the framework of the type of service contracts, the main feature of which is that the provision of a service is inseparable from the activities of the person - the provider of services (the provision of an insurance service is inseparable from the activities of the insurer), and the beneficial effect of such activities lies in the process of providing the service itself. In the research analysis statutory acts in the area of insurance relations is provided and best practices of the legal regulation of insurance relations is investigated. There are theoretical interpretations of the legal doctrine and law enforcement practices in the area under study. The author determines the place of contractual insurance obligations in the system of civil law obligations, the correlation of the subject and object of the insurance contract, the essence of the insurance service and insurance risk.

Key concepts: Insurance law, Insurance policy, Business, Statutory law, Legislation, Liability insurance, Law, General insurance

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