scholarly journals To the question on “necessary” evidence in consideration of requirements on seeking insurance reimbursement in accordance with an automobile insurance policy

2020 ◽  
pp. 25-35
Author(s):  
Olga Aleksandrovna Egorova
Keyword(s):  
Financial Services ◽  
Theoretical Research ◽  
Insurance Company ◽  
Legal Analysis ◽  
Insurance Policy ◽  
Judicial Process ◽  
Scientific Methods ◽  
Financial Organization ◽  
Insurance Reimbursement ◽  
Service Consumer

This publication discusses the question on “necessary” evidence assessable by the court in consideration of requirements of the consumer of financial services to insurance company regarding the seeking reimbursement of property damages resulting from an automobile accident. The author examines the question on recognition as “necessary” evidence a decision of a financial officer made after examination of the claim of a financial service consumer on violation of insurance policy obligations by the insurer, as well as materials obtained by the financial officer in examination of such claim. The theoretical research is based on application of the following scientific methods: systemic-structural analysis, synthesis, and comparative-legal analysis. The research substantiates the position that recognition as “necessary” evidence of materials collected by the financial officer in examination of a claim of a consumer of financial services on violation of obligation by a financial organization would contribute to a proper examination of an insurance dispute, as well as meet the goals of the procedural efficiency of the judicial process, since the requirement of these materials from the financial officer by the court will exclude the need for repeated submission of these materials during a hearing.

scholarly journals Expiration of term for filing a claim against an insurance company: procedural consequences

2020 ◽  
pp. 99-110
Author(s):  
Olga Aleksandrovna Egorova
Keyword(s):  
Structural Analysis ◽  
Financial Services ◽  
Theoretical Study ◽  
Financial Institution ◽  
Insurance Company ◽  
Legal Analysis ◽  
Federal Law ◽  
The Subject

This article analyzes the question of missing a 30-day deadline by a consumer for filing a claim against a financial institution stipulated by the Part 3 of the Article 25 of the Federal Law of June 4, 2018 No.123-FZ “On the Commissioner for the Rights of Consumers of Financial Services”. The paper examines the positions of current legislation on financial ombudsman, procedural provisions on possibility of reinstatement of the expired deadline for filing a claim, and clarification of procedural consequences in a case where such term would not be reinstated. Methodology of this theoretical study consists in comparative-legal analysis, systemic-structural analysis, synthesis, and analogy. The author examines the question of order of assessment by the court of the claim made by a consumer of financial services for reinstatement of the expired deadline for making a claim with the court against an insurance company, similar to the subject of requirements expressed in their address to the financial ombudsman. Substantiation is made on the conclusion that such claims are subject to hearing by a judge alone at the stage of acceptance of claim filing without holding a court session.

scholarly journals PERAN OTORITAS JASA KEUANGAN DALAM MELINDUNGI PEMEGANG POLIS ASURANSI AKIBAT PAILITNYA PERUSAHAAN ASURANSI (Studi Putusan Mahkamah Agung Nomor 408 K/Pdt.Sus-Pailit/2015)Abstract

2020 ◽  
Vol 19 (2) ◽  
pp. 292-328
Author(s):  
Muhammad Ridho
Keyword(s):  
Financial Services ◽  
Service Sector ◽  
Insurance Industry ◽  
Legal Protection ◽  
Insurance Companies ◽  
Public Confidence ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Insurance Policy ◽  
Insurance Sector

AbstractThe Financial Services Authority as an institution that oversees activities in the insurance sector functions to create a financial system that grows in a sustainable and stable manner and can foster public confidence in the insurance industry. Within the scope of supervision in the insurance sector, the Financial Services Authority has the authority to submit bankrupt statements to insurance companies in order to protect the interests of insurance policy holders.The purpose of the research in this thesis is to analyze the authority of the Financial Services Authority in the insolvency of insurance companies, to analyze the legal protection of customers who are harmed by the insolvency statement of insurance company to analyze the legal considerations of judges in the Supreme Court’s Decision No. 408 K/ Pdt. Sus-Pailit /2015.The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials, and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials.The results showed that the Authority of the Financial Services Authority in the insolvency of insurance companies is based on the Bankruptcy Law and Suspension of Debt Payment Obligation (‘UU KKPU’) and Financial Services Authority Act (‘UU OJK’) with its implementation arrangement and the Financial Services Authority’s position as the party submitting an application for bankruptcy statements through the Board of Commissioner of Financial Services Authority. Protection provided to insurance policy holders in the case of bankruptcythat is guaranteed the position of policy holder in the event ofbankruptcy to the insurance company.Judge’s legal consideration in the decision of the Supreme Court Number 408 K/ Pdt. Sus-Pailit /2015 so as to decide on PT. AsuransiJiwaBumiAsih Jaya declared bankrupt is the OJK as a financial service sector supervisory agency authorized to submit bankruptcy requests for insurance companies because PT AsuransiJiwaBumiAsih Jaya is proven to have debt in the form of payment of the policy holder’s claim liability.Key-Words: Role of OJK, Insurance Policy, Bankruptcy.

Judicial Protection of the Rights of Consumers of Financial Services

2021 ◽  
Vol 5 ◽  
pp. 89-95
Author(s):  
А. V. Efimov ◽  
Keyword(s):  
Financial Services ◽  
Judicial System ◽  
Access To Justice ◽  
Scientific Methods ◽  
Trial Procedure ◽  
Financial Organization ◽  
Consumer Access ◽  
General Scientific ◽  
Judicial Procedures ◽  
Judicial Protection

. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: characteristics of the consumer of financial services; assessment of the pre-trial procedure for protecting the rights of consumers of financial services; search for the optimal ratio of pre-trial and judicial procedures for protecting the rights of consumers of financial services. When writing this article, general scientific methods (system, functional, group of logical methods) and special legal methods (formal legal, legal modeling method) were applied. The article criticizes the existing procedure for protecting the rights of consumers of financial services for the imbalance between consumer access to justice and the burden on the judicial system. The author proposes the introduction of a mixed jurisdiction of disputes involving consumers, in the framework of which it is assumed that after contacting a financial organization, the consumer will have the choice of a jurisdictional body- the consumer will be able to appeal to both the financial ombudsman and the court. At the same time, the development of the institution of a financial ombudsman by improving the efficiency, efficiency and other characteristics of dispute resolution will increase its attractiveness for consumers, stimulating them to resolve disputes out of court.

scholarly journals The concept of electronic justice and its development prospects in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 108-118
Author(s):  
Yury Alexandrovich Svirin ◽  
Alexandr Anatolievich Mokhov ◽  
Aleksey Vladimirovich Minbaleev ◽  
Sergej Nikolaevich Shestov ◽  
Dmitriy Valerevich Titov
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Judicial Process ◽  
Scientific Methods ◽  
Civil Process ◽  
Special Scientific ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of ◽  
Development Prospects

The authors of this article, based on the study of the development of digital technologies in the Russian Federation, explore the possibility of the emergence and prospects for the development of electronic justice. Methods: The disclosure of the topic was carried out from the standpoint of general scientific methods (system, structural, and functional analysis), method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, and interpretation). The methodological basis of the study was the method of the theory of knowledge. The purpose of the study: To investigate the possibility of implementing artificial intelligence in the Russian civil process, formulate a scientifically based definition of electronic justice, and show the applied significance of the emergence of electronic justice in the judicial process. Results: It is concluded that currently, there is a regulatory framework for the implementation of electronic justice in the judicial process in Russia. Based on the study of IT, the authors analyzed the goals and directions of the development of electronic justice and formulated a scientifically based definition of electronic justice.

scholarly journals THE SUITABILITY OF SHARIA LIFE INSURANCE POLICY FOR POJK NO. 69/POJK.05/2016 AND POJK NO. 72/POJK.05/2016

2019 ◽  
Vol 8 (1) ◽  
pp. 63
Author(s):  
AH. Azharuddin Lathif ◽  
Diana Mutia Habibaty
Keyword(s):  
Content Analysis ◽  
Qualitative Methods ◽  
Life Insurance ◽  
Financial Services ◽  
Policy Making ◽  
Insurance Companies ◽  
Insurance Company ◽  
Insurance Policy ◽  
Information Distortion ◽  
Legal Principles

The increasing of sharia insurance companies have sprung up in Indonesia. However, in their policy contracts there are still some parts that are not in accordance with sharia principles. This mismatch can cause information distortion that can harm customers or sharia insurance participants. The Sharia Insurance Policy as a form of written contract between the insurance company and the customer or the insurance participant should duly follow sharia principles in order to avoid the elements that forbid it, therefore in Indonesia the policy making must follow the legislation, namely Financial Services Authority Regulation No.69 / POJK.05 / 2016 (hereinafter abbreviated as POJK No.69 / POJK.05 / 2016) and the Financial Services Authority Regulation No.72 / POJK.05 / 2016 (hereinafter abbreviated as POJK No.72 / POJK.05 / 2016) as the basis of the rule legislation describing the standardization of sharia policy contracts. This study uses qualitative methods, the data used in the form of primary, secondary, and non-legal materials. The technique used is in the form of content analysis with the theme of normative juridical research that analyzes legal principles and systematics, and how much the level of synchronization of ABC Islamic sharia insurance products at PT. XYZ against POJK No.69 / POJK.05 / 2016 and POJK No.72 / POJK.05 / 2016. The results of this study concluded that generally the ABC Islamic Sharia insurance policy PT. XYZ is in accordance with POJK No.69 / POJK.05 / 2016 and POJK No.72 / POJK.05 / 2016, but there are some peculiarities in this policy so that it still needs to be questioned about the welfare side.

Strategy war games: how business can outperform the competition

2018 ◽  
Vol 39 (6) ◽  
pp. 3-12 ◽  
Author(s):  
Jason West ◽  
Maiko Chu ◽  
Lincoln Crooks ◽  
Matthew Bradley-Ho
Keyword(s):  
Financial Services ◽  
Business Strategy ◽  
Joint Venture ◽  
Corporate Strategy ◽  
Insurance Company ◽  
Content Type ◽  
External Threats ◽  
Internal Capabilities ◽  
Banking Institution ◽  
The Impact

PurposeBusiness wargames represent an alternative approach to challenge organisations to uncover internal capabilities through competitive actions designed to counteract external threats and address strategic mismatches. Internal capabilities uncovered as a result of actions taken during a competitive wargame aims to replicate market conditions found in competitive industries. These outcomes are difficult to achieve using many popular strategy design methods. The purpose of this study is to examine the use of war game-style activities in formulating corporate strategy that incorporate the natural behaviors of the leadership team in creating strategic plans.Design/methodology/approachUsing a case study from the banc assurance industry, the authors review a wargame process composed of two competing teams; the banc assurance organisation and an unincorporated joint venture between a banking institution and an insurance company. The goal of each entity was to develop strategy to improve both customer satisfaction and market share at the expense of each other given a finite set of resources. Success was judged using a simple set of metrics defined by both a consumer team and an independent umpire.FindingsConsumers of financial services are price sensitive and highly brand loyal. Unwillingness to switch brands to a prevailing competitor or other emerging (Fintech) institution persists to a threshold of a price and/or value differential of 15 to 20 per cent. The results highlight potential deficiencies in the proposed banc assurance strategy through the observation of customer behaviours and inefficient resource use.Originality/valueThe wargame approach conducted in a realistic landscape revealed internal capabilities not otherwise evident. The impact of authentic human behaviours in setting business strategy was captured which is very difficult to replicate using more formal scenario analysis and planning.

scholarly journals INCREASING THE COMPETITIVENESS OF INSURANCE COMPANY PRODUCTS AND SERVICES USING ECONOMIC AND MATHEMATICAL MODELING METHODS

2021 ◽  
Author(s):  
Mykhailo Demydenko ◽  
Ihor Pistunov
Keyword(s):  
Mathematical Model ◽  
Social Activity ◽  
Insurance Companies ◽  
Comprehensive System ◽  
Insurance Company ◽  
Competitive Advantages ◽  
Insurance Policy ◽  
Insurance Policies ◽  
The Impact

The competitiveness of an insurance company depends on the competitiveness of the products and services it introduces in the market. The competitive advantages of the insurance company are expressed in the attractiveness and competitiveness of insurance policies. An economic and mathematical model of increasing the competitiveness of the insurance company is proposed, which allows to calculate the integrated indicator of competitiveness of the insurance policy based on a comprehensive system of indicators characterizing the reliability of the insurance company, quality of its services, competitiveness, social activity. To analyze the impact of these indicators on the competitiveness of the insurance policy and identify areas for improving the efficiency and competitiveness of the insurance company. The competitiveness of an insurance company depends on the competitiveness of the products and services it introduces in the market. The assessment of the quality of insurance company services is compliance with the needs, requirements, and insurance interests of customers. This assessment is performed each time an individual client chooses to cooperate with an insurance company that meets his insurance interests and wishes. Therefore, the overall competitiveness of the enterprise depends on the competitiveness of products and services offered on the market. The competitive advantages of the insurance company are expressed in the attractiveness and competitiveness of insurance policies. The insurance market in recent years has shown consistently high growth, which makes it attractive for doing business. In these conditions, the task of modeling the activities of the insurance company in a highly competitive market environment becomes relevant. A mathematical model of increasing the competitiveness of the insurance company is proposed, which allows to calculate the integrated indicator of competitiveness of the insurance policy based on a comprehensive system of indicators characterizing the reliability of the insurance company, quality of its services, competitiveness, social activity. With the proposed model, insurance companies can objectively assess their weaknesses and strengths to ensure continuous growth and decent competition in a competitive market environment. The model allows you to select performance indicators and perform modeling and determine the consequences of changes in this indicator, analyze the impact of these indicators on the competitiveness of insurance policies and identify areas for improving the efficiency and competitiveness of the insurance company. By conducting such experiments, insurance companies can make more informed choices and decisions, analyze areas of competitiveness, and more efficiently allocate resources.

scholarly journals The Effect of Stimulus Policies and Risk-Based Capital Levels on Solvency at PT. Indonesian Takaful using Sharia Principles during the Majeur Force Period (Covid-19 Pandemic) in Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 24-31
Author(s):  
Nano Suyatna
Keyword(s):  
Financial Services ◽  
Positive Influence ◽  
Insurance Companies ◽  
Insurance Company ◽  
Insurance Sector ◽  
Islamic Principle ◽  
The Government ◽  
Company Sector ◽  
Descriptive Method ◽  
Level Of Risk

The Covid -19 pandemic is a massive disaster, impacting various sectors of the economy including the Islamic principle insurance sector. The government through the Financial Services Authority (OJK) in dealing with these problems has issued a stimulus policy so that the Islamic principle insurance sector is still able to maintain the level of solvency and risk based capital is maintained. The purpose of this study is to determine the influence of the Stimulus Policy and the level of Risk Based Capital on the level of solvency of sharia-based insurance companies during the Covid-19 Pandemic. The method used is descriptive method with a simple statistical approach. The results show: 1. There is a positive influence of the Stimulus Policy on the Solvency Level of the Islamic principle insurance company sector, 2. There is a positive influence on the Level of Risk Based Capital on the Solvency Level of the Islamic Principle Insurance Company sector, 3. There is an influence of the Stimulus Policy and Level of Risk Based Capital on Simultaneous level of solvency in Islamic principle insurance companies. From the research results, it can be concluded that the Stimulus Policy and Risk Based Capital Level that has been set by the regulator is right on target.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

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