PARTICIPANTS OF CONTRACTUAL RELATIONS OF PERSONAL INSURANCE OF MILITARY SERVICEMEN

Abstract

In the scientific article, based on the analysis of scientific views and norms of the current legislation of Ukraine regulating contractual relations in the field of insurance, the subject composition, features of the legal status of participants in contractual relations of personal insurance of military servicemen, the conditions for their entry into contractual relations are defined, and also scientific conclusions and proposals for improving the legal regulation of the relevant relations are formulated.It has been established that the main participants in contractual relations of personal insurance of military servicemen are the insurer and the insured, who directly participate in their occurrence, change or termination. The participation of all other participants depends on the expression of will of the insurer and/or the insured, and is also the result of the action of the current legislation of Ukraine.It has been substantiated that the parties to the contract of personal insurance of military servicemen must be endowed with a sufficient volume of civil capacity to exercise their rights and obligations under the contract. In contractual relations of personal insurance of military servicemen, the insurer may only be a legal entity that is endowed with the opportunity to carry out insurance activities only after receiving a special permit (license), which indicates that legal entities – insurers have a special legal personality. In turn, the customer of the insurance service – the insured in the sphere of personal insurance of military servicemen can be a capable individual, an individual entrepreneur, or a legal entity with an insurable interest.The attention is focused on the fact that the insurance interest in the sphere of personal insurance of military serviceman is a conscious reflection of the need of the insured for insurance protection of his legitimate property interests in the event of a possible occurrence of an insured event related to the life, health, and performance of a military serviceman.It has been established that the non-professional status of the insured and the asymmetry of the parties to the personal insurance contract of military serviceman make it possible to consider insureds – individuals as consumers of insurance services and, accordingly, to combine the issues of exercising and protecting their rights with the exercise and protection of consumer rights.It was concluded that, taking into account the large number of threats caused by war and the growing risk of harm to the life and health of such a category of persons as military serviceman, it is necessary to use the full potential of the insurance institution in order to ensure proper protection of the rights and interests of military serviceman.