Rus News Journal

The governmental order of the Russian Federation from May, 26th, 2005 N 333 Moscow “ About an order of granting of the state guarantee of the Russian Federation under obligations of insurance of military risks, risks of stealing and other similar risks of responsibility of air carriers to the third parties “

the Government of the Russian Federation decides :

1. To confirm applied Rules of granting of the state guarantee of the Russian Federation under obligations of insurance of military risks, risks of stealing and other similar risks of responsibility of air carriers to the third parties.

2. To the Ministry of Finance of the Russian Federation to represent the Government of the Russian Federation at negotiations about granting of the state guarantee of the Russian Federation under obligations of insurance of military risks, risks of stealing and other similar risks of responsibility of air carriers to the third parties and in case of acceptance of the decision by the Government of the Russian Federation about granting of the specified state guarantee to enter into corresponding agreements on behalf of the Government of the Russian Federation.

the Chairman

the Governments of the Russian Federation

M.Fradkov

 

Rules of granting of the state guarantee of the Russian Federation under obligations of insurance of military risks, risks of stealing and other similar risks of responsibility of air carriers to the third parties

1. The present Rules establish an order of granting of the state guarantee of the Russian Federation (further - a guarantee) under obligations of insurance of military risks, risks of stealing and other similar risks of responsibility of air carriers to the third parties, defined by customs of a business turn with reference to the reservation on an additional covering (aviation responsibility) AVN 52E 12. 12. 01 associations of aviation insurers “ Λλξιδc “ (further - risks).

2. The guarantee is given on a competitive basis. Annual open competition for choice the insurance company on the right of delivery of the policies of assurance of a civil liability of air carriers provided with a guarantee before the third parties on risks (further - policies) is spent by the Ministry of transport of the Russian Federation. Conditions of the specified competition are co-ordinated with the Ministry of Finance of the Russian Federation.

3. The guarantee is given to the insurance company which have won specified in point 2 of the present Rules competition (further - the insurer) within the means provided on these purposes in the federal budget for corresponding year.

4. The guarantee provides obligations of the insurer on compensation according to the policy of the damage caused in action of a guarantee, in the size exceeding 150 million of US dollars, but no more the sum provided on these purposes in the federal budget for corresponding year (on each insured event and in aggregate during guarantee action).

5. The policy stands out the insurer to an air carrier at a presentation this air carrier of the contract of insurance of a civil liability before the third parties, providing insurance of risks with a limit of responsibility not less than 150 million US dollars. Requirements to air carriers to which the insurer can give out the policy, are established by the Ministry of transport of the Russian Federation according to the legislation of the Russian Federation.

the Limiting sum of responsibility under each policy and in aggregate under all policies is established in the size which is not exceeding the size of means, provided on these purposes in the federal budget for corresponding year.

the Guarantee is given provided that at registration and delivery of policies an insurance premium, broker or a commission are not raised.

6. The guarantee is given to the insurer on a gratuitous basis and without check of its financial condition.

7. Execution by the Ministry of Finance of the Russian Federation of obligations on a guarantee does not conduct to occurrence of equivalent requirements from the Ministry of Finance of the Russian Federation to the insurer.

8. The guarantee case arises in case of default of obligations of the insurer under the policy regarding a damage in the size exceeding 150 million of US dollars.

the Russian Federation bears subsidiarnuju responsibility in addition to risk under the policy.

9. For reception of a guarantee the insurer directs to the Ministry of Finance of the Russian Federation:

rules of insurance of a civil liability of air carriers;

a policy copy;

a copy of the reservation on an additional covering (aviation responsibility) associations of aviation insurers “ Llojds “.

the Ministry of transport of the Russian Federation directs to the Ministry of Finance of the Russian Federation:

a copy of the decision of the competitive commission defining the winner of open competition for choice of the insurance company on the right of delivery provided state guarantee of the Russian Federation of policies of assurance of a civil liability of air carriers before the third parties on military risks, risks of stealing and to other similar risks;

the list of the air carriers corresponding to requirements, established according to point 5 of the present Rules.

11. The Ministry of Finance of the Russian Federation represents to the Government of the Russian Federation:

the project of the decision of the Government of the Russian Federation about granting of the guarantee, providing the size of obligations which are provided with a guarantee, and guarantee period;

copies of the documents provided by points 9 - 10 present Rules.