Electronic insurance policy osago law p. Presentation of the electronic insurance policy to the traffic police officer. There are rules, but there is a gap

I bring to your attention quotes from Federal Law No. 40-FZ “On Compulsory Motor Liability Insurance”, taking into account the amendments introduced by bill No. o 191229-6. I will quote only those parts of the law that relate to the electronic MTPL policy and the process of purchasing insurance via the Internet. All amendments regarding compulsory motor liability insurance online will come into force on July 1, 2015. So:

Clause 1.1. supplemented with a second paragraph that allows the sale of compulsory motor liability insurance via the Internet in the form of an electronic document:

A compulsory insurance contract can be concluded either by drawing up and issuing a compulsory insurance policy to the policyholder on paper, or by drawing up and sending him a compulsory insurance policy in the form of an electronic document in the cases and in the manner provided for by these Rules

At the traffic police and other registration authorities, it will be enough to show a printout of the insurance from the Internet (clause 1.3.):

When registration actions are taken in relation to a vehicle, the fulfillment of the owner’s obligation to insure his civil liability is confirmed by presenting a compulsory insurance policy to the employee of the registration authority or printed on paper information on the conclusion of a compulsory insurance contract in the form of an electronic document.

New clause 1.11 describes in detail what an “electronic document” (electronic policy) is and what is the procedure for its execution:

A compulsory insurance contract can be drawn up in the form of an electronic document.

In this case, the policyholder sends an application to the insurer to conclude a compulsory insurance contract in electronic form. using the official website of the insurer in the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”).

Application for concluding a compulsory insurance contract in electronic form can be signed with a simple electronic signature of the policyholder (author's comment: a simple electronic signature is understood as “a combination of login and password that confirms that an electronic message was sent by a specific person”; in practice, registration on the insurance company website and obtaining a login-password is used. ) an individual or an enhanced qualified electronic signature of the policyholder - a legal entity in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ “On Electronic Signatures” (hereinafter referred to as the Federal Law “On Electronic Signatures”).

The list of information transmitted by the policyholder through the official website of the insurer on the Internet to form an application for concluding an insurance contract in electronic form includes information necessary to provide to the insurer when filling out an application for concluding a compulsory insurance contract on paper.

A compulsory insurance contract cannot be concluded in the form of an electronic document if there is a discrepancy between the information provided by the policyholder and the information contained in the automated compulsory insurance information system.

A compulsory insurance contract in the form of an electronic document is not concluded with owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation.

During the day the funds are received at the insurer's cash desk (when paying the insurance premium in cash), and in the case of payment by bank transfer - no later than the business day following the day the insurance premium is transferred to the insurer's bank account, the compulsory insurance policy in the form of an electronic a document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law “On Electronic Signature” is sent to the policyholder.

Upon receipt from the policyholder of an application in electronic form, signed in accordance with the requirements of this paragraph of the Rules, about changing the information specified earlier in the application for concluding a compulsory insurance contract in electronic form, the policyholder is obliged to pay an additional insurance premium in proportion to the increase in the degree of risk, based on insurance tariffs for compulsory insurance, and the insurer - to make changes to the compulsory insurance policy (if the information requested to be changed by the insured was previously reflected in the compulsory insurance policy). In this case, the insurer, no later than two business days from the date of occurrence of one of the events provided for in this paragraph, and if the changes in information reported by the policyholder do not require additional payment of the insurance premium - no later than two business days from the date the insurer receives the application for change of information , sends to the policyholder a reissued (new) compulsory insurance policy in the form of an electronic document, signed in the manner prescribed by this paragraph of the Rules. If the information, the change of which the policyholder declares, was not previously reflected in the compulsory insurance policy and does not require its reflection in the compulsory insurance policy, the policyholder, within the time limits provided for in this paragraph, is sent an electronic notification signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal Law “On Electronic Signature”, on the insurer’s recording of changed information.

In case the information, the change of which is declared by the policyholder, do not correspond to the information reflected in information systems and (or) databases of relevant government bodies, the insurer, no later than two working days from the date of receipt of the application for change of information, sends to the policyholder a notification about the impossibility of re-issuing a compulsory insurance policy in electronic form.

That's all! These three points of the law should radically change (I hope, simplify!) the life of a simple car enthusiast. All subtle issues are described in more detail in the by-laws and other “attached” documents; I will publish them as information becomes available.

Added. On June 5, Government Decree No. 567 of June 2, 2015 “On Amendments to Decree of the Government of the Russian Federation of September 14, 2005 No. 567” was officially published. This document brings the procedure for the exchange of information between departments into conformity with the new law on compulsory motor liability insurance. Namely, the Ministry of Internal Affairs allows access to the AIS OSAGO database for checking “electronic policies” of OSAGO on the roads, and also gives the right of access to a unified policy database to tax authorities, the Ministry of Agriculture, the Ministry of Defense and customs officers. Apart from this, there is nothing interesting in the resolution, but I will give its full text (according to Rossiysa Gazeta) under the “cut”.

Government of the Russian Federation decides:

1. Approve the attached changes that are being made to the Decree of the Government of the Russian Federation of September 14, 2005 N 567 “On the exchange of information when implementing compulsory insurance of civil liability of vehicle owners” (Collected Legislation of the Russian Federation, 2005, N 38, Art. 3825; 2011, No. 36, Article 5148; 2013, No. 36, Article 4578).

Chairman of the Government of the Russian Federation

D. Medvedev

Amendments to the Decree of the Government of the Russian Federation dated September 14, 2005 N 567

1. Clause 2 should be stated as follows:

“2. To establish that the Ministry of Internal Affairs of the Russian Federation, the Ministry of Agriculture of the Russian Federation, the Ministry of Defense of the Russian Federation, the Federal Customs Service and the Federal Tax Service provide, at the request of the non-profit organization “Russian Union of Auto Insurers”, the operator of the automated information system for compulsory civil liability insurance of vehicle owners, information for inclusion in the automated information system of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the automated information system) by connecting to the specified system.

The specified federal executive authorities have the right to receive information from the automated information system, including upon requests.

Establish that the organizations connected to the automated information system, providing information for inclusion in the specified system, are the non-profit organization “Russian Union of Auto Insurers” - the operator of the automated information system and its members.

Information interaction between the Central Bank of the Russian Federation and the operator of the automated information system is carried out on the basis of an agreement on information exchange between the Central Bank of the Russian Federation and the operator of the automated information system.”

2. In paragraph 2, the words “automated information system for compulsory civil liability insurance of vehicle owners” should be replaced with the words “automated information system”.

3. Add paragraphs 2 and 2 as follows:

“2. Interaction between federal executive authorities and organizations specified in paragraphs 2 and 4 of this resolution is carried out using a unified system of interdepartmental electronic interaction.

Access of authorized persons of federal executive authorities, their state information systems and organizations specified in paragraph 2 of this resolution to information contained in an automated information system, including personal data subject to provision in accordance with Article 30 of the Federal Law “On Mandatory insurance of civil liability of vehicle owners”, is carried out using the federal state information system “Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form.”

2. The protection of personal data when processed in an automated information system is ensured in accordance with the legislation of the Russian Federation in the field of personal data.”

4. Add paragraph 4 with the following content:

"4. Since July 1, 2017, the Federal Migration Service, based on requests from the non-profit organization “Russian Union of Auto Insurers,” confirms information about the validity of identity documents of a citizen of the Russian Federation on the territory of the Russian Federation, and the registration of citizens of the Russian Federation at the place of residence and place of stay (specified confirmation is carried out in the form of “yes, no”).”

5. In the list of information generated and provided on a mandatory basis by government bodies, insurers and other organizations, approved by the specified resolution:

a) in section I:

in the name, replace the words “Russian Union of Auto Insurers” with the words “Russian Union of Auto Insurers”;

subparagraph “d” of paragraph 1 should be stated as follows:

“d) information about the license issued to the insurer:

date of issue (renewal);

date of cancellation (limitation of the validity period of the license or suspension of the license, revocation of the license);”;

paragraph 3 should be stated as follows:

“3. Information about policyholders:

a) for individuals – last name, first name, patronymic (if any), date of birth;

b) for legal entities – name, main state registration number (OGRN) (if available), taxpayer identification number (TIN).”;

paragraph 4, after the words “patronymic”, add the words “(if available), driver’s license number”;

paragraph 5 should be stated as follows:

"5. Information about insured events (when preparing documents about a traffic accident without the participation of police officers):

a) date of the insured event, time, place;

b) the number of victims in connection with damage to property (if any);

c) damaged vehicles:

state registration plate (if available);

identification number (VIN, if available) or serial number of the vehicle (frame);

d) the number of insured events, documents about which were drawn up without the participation of police officers.”;

subparagraph “d” of paragraph 7 should be stated as follows:

“d) identification number (VIN, if available), chassis number, frame number (if available), body number, trailer number (if available).”;

b) in section II:

paragraphs 1 and 2 should be stated as follows:

"1. Information about registered vehicles and their trailers:

a) type of vehicle;

b) state registration plate (if available);

c) vehicle passport:

date of issue;

e) model;

f) identification number (VIN, if available);

h) year of manufacture;

i) number of chassis, frame (if any);

j) number of the body, trailer (if any);

l) engine power (for passenger cars):

kilowatt;

Horse power;

m) permissible maximum weight (for trucks);

m) weight without load (for trucks);

o) diagnostic card number, expiration date;

o) date of passing the technical inspection.

2. Information about the owners of vehicles and trailers for them:

a) for individuals:

patronymic (if available);

Date of Birth;

place of birth (if available);

passport (series, number, date and place of issue);

b) for legal entities:

Name;

Taxpayer identification number (TIN) (if available).”;

in point 3:

in subparagraph “d”:

the second paragraph after the words “patronymic” should be supplemented with the words “(if available)”;

Paragraphs four and five should be stated as follows:

“date and place of birth (for the person who committed an administrative offense);

series, driver's license number (if the participant in the traffic accident is the driver of the vehicle);”;

paragraph six should be deleted;

add the following paragraph:

“places of greatest damage to the vehicle;”;

subparagraph “e” should be deleted;

Subparagraphs “e” – “i” shall be stated as follows:

“f) last name, first name, patronymic (if any) of the victims (for each), category of the victim (vehicle driver, vehicle passenger, pedestrian, other category) and the degree of harm (if any);

g) the violated clause of the Traffic Rules of the Russian Federation (for the person who committed the violation, if any);

h) part, article of the Code of the Russian Federation on Administrative Offences, establishing liability (for the person who committed the violation, if any);

i) a resolution in a case of an administrative offense (or a protocol of an administrative offense) or on the refusal to initiate a case of an administrative offense (if any):

series (if available);

add subparagraphs “j” and “l” with the following content:

“j) examination for alcohol intoxication: yes, no (if available);

k) referral for a medical examination for intoxication: yes, no (if available).”;

add paragraph 4 with the following content:

"4. Information on issued driver's licenses:

a) series, number, date of issue;

c) last name, first name, patronymic (if available);

d) date of birth;

e) date of receipt of the right to drive vehicles of the corresponding category, subcategory (if any).”;

c) add Section VII with the following content:

“VII. Information about a legal entity provided to the operator of the automated information system for compulsory civil liability insurance of vehicle owners by the Federal Tax Service from the Unified State Register of Legal Entities

Information about the legal entity:

a) full and abbreviated name;

b) main state registration number (OGRN);

c) taxpayer identification number (TIN);

d) address (location);

e) series and number of the certificate of state registration of a legal entity (if available).”

Not long ago, Federal Law No. 214 of June 23, 2016 came into force, which announced that the electronic insurance policy will become mandatory from January 1, 2017. And not for policyholders, but specifically for insurers, who must provide everything necessary to conclude a civil liability insurance contract electronically. Naturally, the new law raises a lot of questions among many motorists, which we will answer in as much detail as possible. What is an electronic policy?

The government has long been thinking about the possibility of remote registration of compulsory motor liability insurance. Already in 2015, some insurance companies offered their clients a similar service. True, this was most often done a little differently than what the law on compulsory motor insurance requires now. You could fill out an application on the insurer’s website, which would later send the form by mail.

Finally, on June 10, 2016, the State Duma approved a bill according to which any organization engaged in insurance activities in the field of auto insurance is required to issue compulsory motor insurance policies starting from 2017 and online. To do this, a similar service should be provided on its official website, which is reminiscent of purchasing a product in any online store. Only instead of purchasing finished products, a citizen receives a compulsory insurance policy for his liability to other road users.

The possibility of registering e-OSAGO is associated primarily with the emergence of a common AIS RSA database, which contains data on:

All drivers;
Bonus-malus odds;
All vehicles;
Recorded road accidents and payments;
Concluded insurance policies.

Insurers, the State Traffic Safety Inspectorate, accredited maintenance points, the Tax Service, etc. have the right to use it. The presence of such a database allowed the emergence of electronic registration of compulsory motor liability insurance, which makes it possible, without leaving home via the Internet, a special service on the website of the insurance company and a bank card, to insure your liability for accident case.

Of course it's convenient. In addition, purchasing insurance via the Internet takes very little time, freeing the car owner from traveling to the insurer, waiting in line, etc. Another advantage is that no one imposes additional insurance. services that are often not simply offered, but are included in the insurance contract without the client’s permission, increasing the cost of the policy.

What should I show to the traffic police officer?

Many drivers are rightly interested in the question of what to do in a situation when you are stopped by a traffic police inspector, for example, to check documents (including insurance)? How can you prove to him that you purchased an electronic auto insurance policy? It's actually simple.

The number of electronically issued “vehicle certificates” is growing rapidly; Representatives of the RSA and the Central Bank report on the demand for this type of service. But is the owner of an electronic policy really not facing problems when contacting traffic police officers?

Unfortunately, although e-OSAGO was introduced on July 1, 2015, cases of unlawful fines for electronic contracts still occur. As a rule, policyholders print out the received electronic policy files. However, some traffic police inspectors do not accept the corresponding printout when checking documents, strictly following clause 2.1.1 of the Traffic Rules. Indeed, this paragraph obliges the driver to carry and present a “motor vehicle” policy, which this printout is not formally. Some of the police representatives demand to put a “living” stamp on it, thus assuring it in the insurer’s office; others are trying to find an “electronic seal” on it, misinterpreting the concept of “enhanced qualified electronic signature” (with which the electronic policy is signed).

The distrust of inspectors towards printouts without a live seal and signature is understandable: last year, according to various estimates, up to 10% of car owners drove with fake policies.

In addition, although electronic compulsory motor liability insurance began to be widely implemented only a couple of months ago, the intensification of fraudulent schemes in this area is obvious. RSA warns of the emergence of clone sites of online platforms of well-known insurance companies, promising to issue e-OSAGO - in reality, of course, they are simply deceiving motorists.

E-policy: to have or not to have?

Possible problems with the traffic police, as one of the “inconveniences” of the electronic “vehicle citizen”, are also recognized by the Central Bank. By the way, back at the end of 2015, Deputy Prime Minister I. Shuvalov gave instructions to make changes to the Traffic Rules regarding the possibility of not even printing out an electronic policy. However, for now clause 2.1.1 remains in the same wording.

Given the circumstances, it would not hurt for car owners to have an idea of some regulatory guidelines. In particular, clause 7.2 of Art. 15 of Federal Law No. 40 and clause 1.11 of the OSAGO Rules provide for the possibility of issuing a policy electronically. At the same time, there is no separate policy form for e-OSAGO - the only difference is in the series of the document (for electronic policies the XXX series is currently used).

Article 32 of the Federal Law on Compulsory Motor Liability Insurance assigns control over the fulfillment of the obligation to insure car owners of their liability to the police. The law also stipulates that the driver must have with him an MTPL policy or a printout of information about concluding an electronic contract. Namely information. Thus, it is legally established that the driver can present to the police officer both a regular paper policy and printed information about e-MTPL. It is clear that in this case it is important for the traffic police inspector to be able to check the validity of the insurance.

By internal letter of the State Traffic Safety Inspectorate No. 13/12-u-4440 dated July 3, 2015, appropriate clarifications were sent to all departments, instructing employees to check the availability of an MTPL policy through a special resource in the IMTS network of the Ministry of Internal Affairs of Russia or through the RSA website. To do this, inspectors only need information about the state registration plate and VIN number of the vehicle. This letter also explains that if the system contains information about the conclusion of a compulsory motor liability insurance agreement, then holding the driver liable for not having an insurance policy with him is excluded (clause 2 of article 12.3 of the Code of Administrative Offenses of the Russian Federation).

There are rules, but there is a gap

It turns out that the necessary changes have been made to the regulatory documents on “automobile citizenship”. There is also an internal letter from the State Traffic Safety Inspectorate regarding “virtual” insurance. However, traffic rules still allow for different interpretations, which sometimes leads to trouble.

If problems arise with the police related to the electronic policy, it is useful to remind the inspector about the provisions of the law and the above internal order. And the fine issued for the absence of a compulsory motor liability insurance policy should be appealed - in this situation, the motorist will have every chance of success. At the same time, no one compensates for the time spent on disputes and appeals. Therefore, while a “regular” paper policy often enjoys greater confidence among policyholders.

On July 1, 2015, changes made to the law “On compulsory civil liability insurance of vehicle owners” come into force. From this date, drivers have the opportunity to issue an electronic MTPL policy.

Documents for concluding an MTPL agreement online

Article 15 adds the following to paragraph 4:

If a compulsory insurance contract is concluded in the form of an electronic document, the provision by the policyholder of the documents specified in subparagraphs “b” - “f” of paragraph 3 of this article is not required. Insurers gain access to information contained in these documents by exchanging information electronically with relevant authorities and organizations

The amendment eliminates the need to provide all documents except the application.

To apply for compulsory motor liability insurance online, only an application is required

Clause 3 of Article 15. Documents for concluding an MTPL agreement at the office and representative office of the insurance company:

3. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:

a) application for concluding a compulsory insurance contract;

b) passport or other identification document (if the policyholder is an individual);

c) certificate of state registration of a legal entity (if the policyholder is a legal entity);

d) a vehicle registration document issued by the body that registers the vehicle (vehicle passport, vehicle registration certificate, technical passport or technical coupon or similar documents);

e) a driver’s license or a copy of the driver’s license of a person authorized to drive a vehicle (if a compulsory insurance contract is concluded on the condition that only certain persons are allowed to drive a vehicle);

f) a diagnostic card containing information on the vehicle’s compliance with mandatory vehicle safety requirements (except for cases where, in accordance with the legislation in the field of technical inspection of vehicles, the vehicle is not subject to technical inspection or is not required, or the procedure and frequency of technical inspection inspection are established by the Government of the Russian Federation, or the frequency of technical inspection of such a vehicle is six months, as well as in the cases provided for in paragraph 3 of Article 10 of this Federal Law).

To conclude an agreement to receive an electronic OSAGO policy online, only an application in electronic form is required

A fine for lack of compulsory motor insurance is the most harmless thing that can happen. In practice, there are cases when apartments had to be exchanged in order to pay for an accident.
The likelihood of getting into an accident only increases with the number of cars. OSAGO is not something worth saving on.
Queues in offices and the imposition of “extras” are already a thing of the past. You can receive or renew your policy within 15-20 minutes by simply filling out the form below. All that remains is to choose the insurance company with the best price offer.

Get an MTPL policy online

The following amendment, which comes into force on July 1, 2015, determines the type of document issued by the insurer

If a compulsory insurance contract is concluded in the form of an electronic document, the policyholder is sent an insurance policy in the form of an electronic document.

The electronic OSAGO policy is the first experience of using an electronic document for a driver. The driver will need to print this document and, if necessary, give it to the police.

Features when using an electronic document

An electronic signature has equal force as on paper

The features are described in the new clause of the law on compulsory motor liability insurance

7.2. A compulsory insurance contract can be drawn up in the form of an electronic document, taking into account the specifics established by this Federal Law.

The creation and submission by the policyholder to the insurer of an application for concluding a compulsory insurance contract in the form of an electronic document is carried out using the official website of the insurer on the Internet information and telecommunications network. In this case, the specified official website of the insurer can be used as an information system that ensures the exchange of information in electronic form between the policyholder, the insurer, which is the operator of this information system, and the professional association of insurers, which is the operator of the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law. The list of information provided by the policyholder using the official website of the insurer on the Internet information and telecommunications network when creating an application for concluding a compulsory insurance contract in the form of an electronic document is determined by the rules of compulsory insurance.

Access to the official website of the insurer on the Internet information and telecommunications network to perform the actions provided for in this paragraph can be carried out using a unified identification and authentication system. An insurance contract cannot be concluded in the form of an electronic document if the information provided by the policyholder does not correspond to the information contained in the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law.

When carrying out compulsory insurance, an application for concluding a compulsory insurance contract in electronic form, sent to the insurer and signed with a simple electronic signature of the policyholder - an individual or an enhanced qualified electronic signature of the policyholder - a legal entity in accordance with the requirements of Federal Law of April 6, 2011 N 63-FZ “ “On Electronic Signature” is recognized as an electronic document equivalent to a paper document signed with a handwritten signature. For the purposes of concluding a compulsory insurance contract in the form of an electronic document, the communication by the policyholder in the application for concluding a compulsory insurance contract of the insurance number of his individual personal account is equivalent to an application signed with a simple electronic signature of the policyholder.

After the policyholder pays the insurance premium under the compulsory insurance contract, the insurer sends to the policyholder an insurance policy created using the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law, in the form of an electronic document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law dated April 6, 2011 N 63-FZ “On Electronic Signatures”. Simultaneously with sending the insurance policy to the policyholder in the form of an electronic document, the insurer enters information about the conclusion of a compulsory insurance agreement into the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law.

The policyholder's SNILS is equivalent to a simple electronic signature

An application for an electronic OSAGO policy is completed online on the official website of the insurer, which in turn can be used as an information system;
The contract will not be concluded if the policyholder provides false information;
The application from individuals is signed with a simple electronic signature, from legal entities with a reinforced qualified electronic signature;
A document signed with an electronic signature is equivalent to a document signed with a handwritten signature on paper;
In order to obtain an electronic MTPL policy online, the policyholder’s SNILS number is equivalent to a simple electronic signature, that is, for individuals it is enough to indicate this number to fill out an application;
After payment, the insurer sends the MTPL policy to the policyholder in the form of an electronic document signed with an enhanced qualified electronic signature and enters the data into the automated compulsory insurance information system.

Problems

An electronic document is certainly very convenient and mobile. There are no restrictions on choosing an insurance company in your region. However, the MTPL policy is a document that police officers are authorized to check; in addition, in addition to confirming insurance, it confirms the passage of a technical inspection. Currently, traffic police officers are not able to “check” the authenticity of the MTPL policy and the only confirmation for them is the original seal of the policyholder on paper. It is possible that amendments to the law will come into force on July 1, 2015, but technical implementation will be delayed indefinitely.

For example, such a situation occurred with the introduction of driver license categories. Categories were introduced, but there were no training programs for these categories for a long time.