LEGAL NATURE OF THE CONTRACT OF PERSONAL INSURANCE OF MILITARY SERVICEMEN

Abstract

In the scientific article the concept, the legal nature of the contract of personal insurance of military servicemen, its types and place in the system of civil law contracts are defined based on the analysis of scientific views and norms of the current legislation of Ukraine regulating contractual obligations in the field of insurance. The legal characteristic of the subject composition of contractual obligations for personal insurance has been implemented and scientific conclusions and proposals have been made for improving the legislative regulation of relations under a contract of personal insurance of military servicemen. It has been established that, taking into account the large number of threats caused by the war, and the growing risk of harm to the life and health of such a category of persons as military servicemen, there is a need to ensure their proper protection. In this regard, personal insurance is an important tool for ensuring the realization of the rights and interests of military servicemen in the event that they suffer unpredictable losses as a result of the occurrence of adverse events related to their life, health and work capacity, the process of providing insurance services in the field of which is formalized by appropriate contracts of personal insurance of military servicemen. Under the contract of personal insurance of military servicemen, it is proposed to understand a contract according to which one party (the insurer) undertakes, for the fee (insurance premium) specified in the contract, paid by the other party (the insured), to pay once or periodically the amount stipulated by the contract (insurance amount) in case of harm to the life or health of the insured (policyholder), reaching a certain age or the occurrence in his life of another event (insured event) provided for by the contract. It has been established that, like any other civil law contract, the contract of personal insurance of military servicemen can be considered as: a) the legal form on the basis of which the provision of insurance services is carried out; b) a way to specify the actions to be taken by the parties; c) an agreed expression of the will of the parties, aimed at obtaining the appropriate result; d) a means of mutual control of the behavior of the parties (proper fulfillment of obligations, establishment of responsibility), contributing to the achievement of expected results. The attention is focused on the fact that the identification of the legal nature of the contract, its legal features is of great theoretical and practical importance, because it helps to determine the relationship between the contract and the obligation, to establish the place of the contract in the system of contract law. It is substantiated that from the point of view of the general characteristics of civil law obligations, the contract of personal insurance of military servicemen refers to bilateral, mutual, payment, term, dispositively real, aleatory (risk) contracts. It was concluded that it is expedient to develop in Ukraine a mixed model of insurance of military servicemen, which combines state financing and market mechanisms of insurance functioning, which will ensure the decentralization of sources of funds for insurance payments and will contribute to their guarantee.