CRIMINAL RESPONSIBILITY AND PROBLEMS OF DETENTION OF SHEEP IN MOTOR INSURANCE

Author (s):Kravchuk H. V.

Work place: 

Professor, Doctor of Sciences (Economics), Professor of the Department of Economics and Social Sciences,Academy of the State Penitentiary Service, Chernihiv, Ukraine

Criminal Executive System: Yesterday. Today. Tomorrow. 2018 No 1(3):97-104

Language: English

https://doi.org/10.32755/sjcriminal.2018.01.097

Summary

The article is devoted to issues of detection of abuse in the field of motor insurance in the insurance market of Ukraine. The general tendencies of increasing the volume of motor insurance, increasing the cost of vehicles and increasing prices for repairs of motor vehicles after their participation in road accidents leads to the use of illegal schemes by insurers, insurance agents or insurers to obtain material benefits. Not the regulation of this issue in the articles of the Criminal Code leads to ambiguity in relation to this type of fraud in insurance.

Taking into account mentioned above and guided by the Criminal Code, the insurer, in case of revealing “preliminary conspiracy” or “abuse of trust”, must transfer the case to the court with the possibility of bringing the perpetrators to administrative or criminal liability.

As a result of this study, the impossibility of identifying the most interested side in the implementation of insurance fraud should be pointed out. That is why it is expedient to introduce an article, dedicated to insurance fraud, into the Criminal Code of Ukraine. It is worth distincting of liability for fraudsters and fraudsters-insurers through the definition of general social damage from such actions.

Key words: European minutes, fraud, insurance, damage, automobile

REFERENCES

  1. Kryminalnyi kodeks Ukrainy, available at: http://zakon.rada.gov.ua/laws/show/2341-14.
  2. Salaichuk, O. Shakhraistvo ta protydiia yomu v avtostrakhuvanni, available at: http://www.ufin.com.ua/analit_mat/strah_rynok/129.htm.
  3. Tyshchenko, D. (2012), Shakhraistvo na strakhovomu rynku, Strakhova sprava, No. 2 (46), pp. 46–47.

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