THEORETICAL ASPECTS IN THE FORMATION OF
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IMPROVING LEGISLATION ON ENVIRONMENTAL INSURANCE:
ISSUES AND PROPOSALS
A.Mirzayev
Toshkent davlat yuridik universiteti 70420129 – Atrof-muhit huquqi va
barqaror rivojlanish yo‘nalishi magistranti
Tel: +998979231010
https://doi.org/10.5281/zenodo.15722009
Annotation.
This article analyzes the presence of legal norms regulating
insurance relations in regulatory documents of various fields (constitutional,
administrative, environmental and other branches of law). It is analyzed that the
set of regulatory documents containing insurance standards forms a complex,
cross-sectoral legislation on insurance, and that civil legal sources of insurance
law form a certain system, in which the Civil Code of the Republic of Uzbekistan
and the Law "On Insurance Activities" occupy a central place.
Keywords:
Insurance, organization, term, environmental risk, concept,
property.
The norms of the Civil Code of the Republic of Uzbekistan contain the most
general regulation of insurance relations. The norms of the Civil Code of the
Republic of Uzbekistan regulate insurance obligations, establishing general rules
for any of their types. The Law "On Insurance Activities" contains such norms as
the procedure for organizing insurance activities, contract terms, and state
regulation of insurance activities. According to Article 6 of this Law, insurance is
divided into the following areas:
life insurance (insurance of the interests of individuals related to life,
health, working capacity and financial security, in which the minimum insurance
term under the contract is one year and covers one-time or periodic payments
(annuities) of the insured amounts, including an increased percentage specified
in the insurance contract);
general insurance (personal, property insurance, liability insurance and
other types of insurance not related to life insurance).
As we can see, this Law does not contain any norms on environmental
insurance. Therefore, it is appropriate to introduce the concept of environmental
insurance into this Law.
Based on the analysis of the above set of concepts of environmental
insurance, it can be concluded that the development of mandatory and voluntary
forms of environmental insurance will be carried out only in the direction of
insuring the civil liability of owners of sources of environmental risk, that is,
environmental risk. Thus, natural disasters, as indicated in the initial concept of
THEORETICAL ASPECTS IN THE FORMATION OF
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environmental insurance, will be excluded from the scope of insurance, and only
insured events such as accidents will remain.
From the legislation of the Russian Federation, we can see that many
insurers have their own acts developed at the local level, which allows them to
apply regulatory legal acts related to the rules for insurance of environmental
risks, the rules for insurance of civil liability of organizations using hazardous
production facilities for causing damage to the life, health or property of third
parties and the environment as a result of an accident at hazardous production
facilities, the rules for voluntary environmental insurance of industrial
enterprises, insurance policies for voluntary environmental insurance of
industrial enterprises, contracts for insurance of the liability of enterprises with
high-risk sources, policyholder questionnaires, etc
1
.
In accordance with the Law of the Republic of Uzbekistan “On Industrial
Safety of Hazardous Production Facilities”, enterprises and organizations using
hazardous production facilities are required to develop an industrial safety
declaration in order to ensure the protection of the population and territories
from accidents at hazardous production facilities. This law also establishes that
in the event of an accident at a hazardous production facility, liability for causing
damage to the life, health or property of other persons and the environment
must be insured. The legal basis for voluntary and compulsory environmental
insurance is established in the Law of the Republic of Uzbekistan “On Nature
Protection”, adopted in 1992. In accordance with this law, the property and
income of enterprises, institutions and organizations, the life, health and
property of citizens must be insured voluntarily and compulsory, taking into
account cases of damage caused by environmental pollution and deterioration of
the quality of natural resources. Today, in our country, certain work is being
carried out to develop regulatory legal acts in order to introduce an
environmental insurance system. In particular, by the resolution of the Cabinet
of Ministers of the Republic of Uzbekistan dated December 10, 2008, the
Regulation “On the procedure for compulsory insurance of civil liability for
causing damage to the life, health and property of other persons and the
environment in the event of an accident at a hazardous production facility” was
approved in order to ensure industrial safety of hazardous production facilities
and increase the responsibility of organizations using hazardous production
facilities. In our country, certain production enterprises belonging to the
1
Бажайкин А.Л. Экологическое страхование: теория, практика правового регулирования: Дисс. ... канд. юрид.
наук. – . – М., 2002. – С.106.
THEORETICAL ASPECTS IN THE FORMATION OF
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economic sector and separately taken into account are considered objects of
high environmental risk that can cause damage to the environment.
Over the past decade, countries such as Japan, Spain, France, the United
States, Australia, New Zealand, and Turkey have adopted national natural and
environmental disaster insurance programs to address weaknesses in their
private insurance markets to combat a range of natural disasters, such as floods,
fires, hurricanes, tsunamis, and earthquakes. Although plans to adopt the
programs have existed for some time, the impetus for their creation has been the
occurrence of a single major disaster or series of disasters
2
. In particular, major
natural disasters typically highlight existing shortcomings in the private sector
and the cost of disaster insurance in terms of premiums paid by self-insured
individuals or the government budget for relief and recovery
3
.
The analysis shows that today no developed country relies solely on market
forces to encourage people to take rational actions to reduce the risk of certain
disasters, including insurance against them. The lack of a comprehensive
legislative document on environmental insurance in the Republic of Uzbekistan
creates certain obstacles to improving this area, supporting the population by
the state, compensating for environmental damage caused to the population as a
result of man-made situations, that is, to the wider application and
implementation of the insurance process in our country, and the need to adopt
the Law "On Environmental Insurance" regulating these relations
4
.
The Resolution of the President of the Republic of Uzbekistan No. PQ-108
dated March 1, 2024 “On comprehensive measures for the further development
of the insurance services market” adopted norms establishing the need for the
implementation of environmental insurance. In accordance with paragraph 4 of
this resolution, the Inspectorate for Supervision of Mining, Geology and
Industrial Safety is tasked with the timely execution of contracts for compulsory
insurance of civil liability for causing damage to the life, health and (or) property
of other persons and the environment in the event of an accident at a hazardous
production facility. In addition, this Resolution of the President of the Republic
of Uzbekistan also establishes the task of introducing a mechanism for
concluding contracts for compulsory insurance of civil liability for causing
damage to the life, health and (or) property of other persons and the
2
Chang, C.P., A.N. Berdiev. Natural Disasters, Political Risk, and Insurance Market Development // Geneva Papers on
Risk and Insurance: Issues and Practice. 2013. 38(3). – P. 406-448.
3
Consorcio de Compensation de Seguros (CCS). Accessed November 17, 2017. / http://www.consorseguros.es.
4
Uzakova.G.Sh. Aholi punktlarida tabiiy resurslardan foydalanish va ularni muhofaza qilishning huquqiy tartibi. Yur.
fan. doktori. … diss. – Toshkent, 2021. 217-b.
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environment in the event of an accident at a hazardous production facility in the
electronic system. From this we can see that environmental insurance is
currently one of the most relevant issues in our country.
Based on this, today, Article 36 of the Law "On Nature Protection" stipulates
that in the Republic of Uzbekistan, property and income of enterprises,
institutions and organizations, life, health and property of citizens are subject to
voluntary and compulsory insurance, taking into account cases of damage
caused by environmental pollution and deterioration of the quality of natural
resources. It is also mentioned that the procedure and conditions of
environmental insurance are determined by the legislation of the Republic of
Uzbekistan. However, this procedure is currently not available in our current
legislation. Based on the norms established by the Law of the Republic of
Uzbekistan “On Nature Protection”, it is necessary to develop and adopt a
comprehensive draft law “On Environmental Insurance”, which would legally
regulate social relations in the field of voluntary and compulsory environmental
insurance, clarify its goals and objectives, and financial support mechanisms.
The adoption of this law will serve to prevent environmental hazards that may
arise as a result of economic activities, to attract extra-budgetary funds to
compensate for material damage caused to the life, health and property of
citizens and the environment in the event of their occurrence, and to protect the
interests of the state and society
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