О целесообразности запрета страхования противоправных интересов в контексте восстановления прав жертв преступлений

Образование и право. 2024. № 7. С. 419–423.

Gleb P.

The paper is devoted to the prospects of increasing the effectiveness of restoration of the rights of victims of crime via the widespread use of the mechanism of civil law insurance, which has proven its effectiveness in a number of European legal orders. The author substantiates that the absolute interdiction on insurance of unlawful interests, including those associated with the commission of a crime, currently in force in Russian law is too strict and should be mitigated on political and legal grounds, since the possibility of insuring the risk of bringing the offender to criminal liability is able to exclude the risk of impossibility to restore the rights of the victim in case of insufficiency of the property of the inflictor of harm. Based on the results of the analysis, a normative model of regulation of insurance relations for cases of criminal damage compensation is proposed, based on the prescriptions of the current legislation on compulsory insurance of civil liability of vehicle owners, which allows insurance payments to victims, including victims of traffic offences, with the emergence of the insurance company’s right of recourse to the insured.

Keywords: страхование, insurance, страховой интерес, возмещение вреда, insurable interest, protection of victims' rights, compensation of harm, вред, причинённый преступлением, защита прав потерпевших