DUAL CHARACTER OF LEGAL REGULATION OF RELATIONS ON OBLIGATORY STATE LIFE INSURANCE AND HEALTH OF THE PENAL SYSTEM EMPLOYEES
Abstract and keywords
Abstract (English):
Obligatory state life insurance and health of employees of a penal system is carried out more than 20 years. Rather extensive regulatory legal base governing the specified relations, including regulations of various level was during this time created: from the Civil code of the Russian Federation and other federal laws to departmental instructions. Despite it, still there are some questions which are ambiguously treated by the legislation existing in the considered sphere. In particular, the legislator uses various approaches to regulation of the relations on obligatory state insurance with participation of employees of a penal system, namely, differently defines insured events, the amount of insurance payments, a circle of beneficiaries in case of death (death) of the insured person and also the basis for refusal in implementation of insurance payments. This circumstance negatively affects law-enforcement practice and breaks the laws of logic used when forming system of precepts of law.For elimination of contradictions of acts and formation of uniform approach of the legislator to regulation of the rela- tions on obligatory state life insurance and health of employees of a penal system it is advisable to make changes in Art. 20 of the Federal law of April 20, 1995 No. 45-FZ «About the state protection of judges, officials of law enforcement and supervisory authorities», having removed from her the specified category of employees and having added referential norm that the relations on obligatory state life insurance and health of employees of a penal system are regulated by the Federal law of March 28, 1998 No. 52-FZ «About obligatory state life insurance and health of the military personnel, the citizens called on military collecting, the faces of the private and the commanding structure of law-enforcement bodies of the Russian Federation, the Public fire service staff of institutions and bodies of a penal system, employees of troops of national guard of the Russian Federation».

Keywords:
obligatory state insurance, life and health, the staff of institutions and bodies of a penal system, insured events, insurance payments, beneficiaries, the insured persons
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References

1. Kozackaya, V. E. Pravovaya politika gosudarstva v sfere vozmescheniya vreda, prichinennogo zhizni i zdorov'yu sotrudnikov ugolovno-ispolnitel'noy sistemy [Tekst] / V. E. Kozackaya, A. I. Machkasov // Prikladnaya yuridicheskaya psihologiya. - 2016. - № 2. - S. 107-116

2. Machkasov, A. I. K voprosu o razgranichenii obyazatel'nogo gosudarstvennogo strahovaniya i instituta vozmescheniya vreda, prichinennogo sotrudnikam nekotoryh federal'nyh organov ispolnitel'noy vlasti [Tekst] / A. I. Machkasov // Yurist. - 2015. - № 21. - S. 9-14

3. Machkasov, A. I. Osuschestvlenie obyazatel'nogo gosudarstvennogo strahovaniya zhizni i zdorov'ya sotrudnikov ugolovno-ispolnitel'noy sistemy [Tekst] : monografiya / A. I. Machkasov. - Ryazan' : Akademiya FSIN Rossii, 2011. - 159 s

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