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Yulia ZHIGALSKAYA,

Senior Legal Adviser of VUSO Insurance Company Private Joint-Stock Company

ANALYSIS OF JUDICIAL PRACTICE IN AREA OF CONFESSION OF CONTRACTS OF OBLIGATORY INSURANCE OF CIVIL LIABILITY OF PROPRIETORS OF SURFACE TRANSPORT VEHICLES INSIGNIFICANT

The article analysis the judicial practice in the recognition of contracts of compulsory insurance of civil liability of owners of vehicles void. It contains the analysis of judicial practice of applying the provisions of paragraph 3 of part 1 of article 989 of the Civil Code of Ukraine to contracts of compulsory insurance of civil liability of vehicle owners in civil and commercial proceedings. There are interrelation of the Law of Ukraine «On compulsory insurance of civil liability of owners of land vehicles» in conjunction with other regulatory and legal acts and separately was examined.

Analysing lawsuit requirements, the author divided the matters of dispute conditionally, into 2 categories: First, it is lawsuits with the requirement of unproperty character about confession of contract of insurance invalid. Presentation of such lawsuit can take place as before the offensive of accident insured so after that. A legal norm on that refers a plaintiff is part of 3 part 1 article 989, article 208 of the Civil code of Ukraine that fastens, that an nonlegal transaction is invalid from the moment of his conclusion and generates no legal consequences except his nullity. The second category of disputes it the lawsuits of property character about the penalty of insurance compensation in payment of that were denied by an insurer, based on the article 17 Law of Ukraine «About obligatory insurance of civil liability of proprietors of surface transport vehicles», article 989 the Civil code of Ukraine.

In the article, the author reviews and assesses the actions of policyholders who have negative consequences for the latter in the form of nullity of compulsory insurance contracts, and also analyzes procedural errors made by the parties to the dispute that they allow during the judicial procedure for protecting their rights.

There are gaps in law enforcement and ways to eliminate the latter was highlighted also. It helps to summarize practices that reduce the number of trials on the use of these standards.

Key words: compulsory insurance, the insignificance of the transaction, foolish policy, judicial practice, obligations of the insured.

References

On compulsory insurance of civil liability of owners of land vehicles: Law of Ukraine of 01.07.2004 No 1961-IV, ed. from 09.12.2015. Information of the Verkhovna Rada of Ukraine. 2005. No 1. St. 3. URL: http://zakon2.rada.gov.ua/laws/show/1961-15. [ukr.]

On approval of the Instruction on the procedure for filling in the form of the policy of compulsory insurance of civil liability of owners of land vehicles: Minutes of the Presidium of the MTIBU dated 01.09.2011 No. 279/2011. URL: http://webcache.googleusercontent.com/search?q=cache:UqmaDhUBMjUJ:insurancebroker.com.ua/files/2011/mtsu_instrukcia_po_zapovnenny_poliza_zrazka_2011_roku_01.09.2011.doc+&cd=1&hl=l&ct [ukr.]

Civil Code of Ukraine of January 16, 2003 No. 435-IV, as amended. from 10.06.2017. Information of the Verkhovna Rada of Ukraine. 2003. No 40. St. 356. URL: http://zakon3.rada.gov.ua/laws/show/435-15. [ukr.]

Decision of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases of December 10, 2015 No. 6-32069ск15. URL: http://www.reyestr.court.gov.ua/Review/54337184. [ukr.]

On the judicial practice of considering civil cases on invalidation of transactions: Resolution of the Plenum of the Supreme Court of Ukraine No. 9 of November 6, 2009. URL: http://zakon2.rada.gov.ua/laws/show/v0009700-09. [ukr.]

Resolution of the Supreme Economic Court of Ukraine of February 2, 2017 No. 910/16335/16. URL: http://www.reyestr.court.gov.ua/Review/64559849. [ukr.]

Decision of the Court of Appeal of Kyiv dated 10.08.2016 No. 752/12536 / 15ts. URL: http://www.reyestr.court.gov.ua/Review/59784434. [ukr.]

Decision of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases of June 15, 2016 No. 667/7899 / 14ts. URL: http://www.reyestr.court.gov.ua/Review/58489482. [ukr.]

Decision of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases of December 10, 2015 No. 6-32069ск15. URL: http://www.reyestr.court.gov.ua/Review/54337184. [ukr.]

Resolution of the Supreme Economic Court of Ukraine of June 23, 2015. Case No. 910/19332/14. URL: http://www.reyestr.court.gov.ua/Review/45529193. [ukr.]

Resolution of the Supreme Economic Court of Ukraine of March 23, 2016. Case No. 910/13222/15. URL: http://www.reyestr.court.gov.ua/Review/56643121. [ukr.]

Resolution of the Supreme Economic Court of Ukraine of February 2, 2016. Case No. 910/10524/15. URL: http://www.reyestr.court.gov.ua/Review/55760730. [ukr.]

Decision of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases of July 6, 2016 204/2544/15-ts. URL: http://www.reyestr.court.gov.ua/Review/58877978. [ukr.]

Decision of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases of November 12, 2014 No. 6-32741св14. URL: http://www.reyestr.court.gov.ua/Review/41558957. [ukr.]

On approval of the Regulation on the single centralized database on compulsory insurance of civil liability of land vehicle owners: Order of the State Commission for Regulation of Financial Services Markets of Ukraine dated July 9, 2010 No. 566. Official Gazette of Ukraine. 2010. No 64. St. 61, Article 2229, act code 52477/2010. URL: http://zakon5.rada.gov.ua/laws/show/z0689-10. [ukr.]