Both are regulated by other laws and other regulations. It is believed that the first group covered by the legal sphere of civil law, and the second - the public, administrative, financial, criminal, procedural and other sectors and subsectors of law.
In the Russian Federation, as in many Western countries (eg Germany) has developed three-tier system of legal regulation of the insurance business.
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By this stage of the legal regulation of insurance should be attributed primarily Civil Code and other similar regulations, such as the Merchant Shipping Code.
Civil law and civil law, respectively, regulate the commodity-money and other property and other relations arising between the subjects of civil legal relations. The subjects here are the citizens (individuals), companies, organizations, institutions (legal entity) and state bodies of power. The objects of civil relations are material and monetary values, as well as intangible personal benefit of man - life, health, work capacity, then there is a risk of loss of family income due to loss of health or the onset of death in the period of insurance. The subjects are the insurers, policyholders and third parties. All this testifies to the ownership of insurance relationships in the sphere of civil law, law of obligations to the section.
In Part 1 of the Civil Code established concepts underlying insurance relationships, such as a natural person, legal person, commercial and noncommercial activity, the basic legal forms of business, contains the basis of the law of obligations.
In Part 2 of the Civil Code contains a special chapter 48 "Insurance", which defines the relations on the basis of insurance as a separate type of economic relations.
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These include the separate laws of the Russian Federation regulating relations on the insurance. These include, above all, the Russian law "On organization of insurance business in the Russian Federation" Russian law "On Compulsory Health Insurance in the Russian Federation," the laws "On compulsory insurance of civil liability of vehicle owners", "On mutual insurance" and other federal laws.
Federal Law "On Organization of Insurance in the Russian Federation" aims to create equal conditions of insurance for all insurers in the insurance market, both public and private, to ensure protection of the interests of policyholders, determine common methodological position on the organization of insurance and the basic principles of state regulation of insurance activities . Prior to December 31, 1997 act Federal Law "On Insurance", which was adopted November 27, 1992. He was later adopted by the federal law "On Making Amendments and Addenda to the Law of the Russian Federation" On Insurance "," which was signed by the President of the Russian Federation December 31, 1997. According to a recent substantial changes in insurance laws, including the name and changed the law. Later in the Act have been made other significant changes.
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By the way regulations are the decrees of the President of the Russian Federation Government Resolution, by-laws of the ministries and departments. General requirements for legislation to regulate relations in the field of insurance consists in the fact that in the legislation of the first and second stage provides the basic concepts associated with the insurance arrangements that are the general requirements for contracts of compulsory and voluntary insurance. In other regulations contain requirements for the implementation of the individual insurance business.
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