Analyzing the current problems of economic legislation at the present stage, it is noted that modern economic legislation is characterized by such shortcomings as fragmentation, fragmentation, inconsistency, and the presence of legal gaps.
The federal insurance law also belongs to legal acts for which this statement is fair, both for business legislation in general and insurance legislation in particular.
The system of modern insurance legislation is characterized by fragmentation of concepts and definitions, declarative and non-specific. Today, there is practically no single legislative act providing uniform legal regulation in the insurance sector, the insurance law in the Russian Federation fully applies to this.
In the framework of this article, the author considers only a narrow area of national insurance legislation - the insurance law - civil liability insurance of persons (CSAs) who carry out professional activities. The subject of analysis is the key legal concepts and definitions included in the insurance law and applied in a particular type of insurance. This type of insurance is not a completely new phenomenon for civil law. Certain measures along this path have been made by the legislator. In particular, the types of activities are indicated for the conduct of which the insurance law establishes professional liability insurance. These include: activities of a customs agent, auditing activities, notarial activities, real estate activities.
However, the insurance procedure has not yet been determined, the subject composition of the emerging legal relationship has not been characterized, and uniform concepts have not been developed. In particular, the definition of civil liability is not provided, the object of insurance is not defined , the concept of an insured event is not disclosed.
Some points from the legislative acts allow us to actualize the problems: first, the lack of a single regulatory act regulating this type; the second is the absence at the legislative level of a definition of CSOs for persons performing professional duties.
The type of insurance considered by us is specific. In other words, despite the fact that it is the policyholders who are being protected at the expense of their money, the main goal of the CSD is the protection of third parties who have suffered losses.
Thus, in relation to this insurance sector, one can formulate the definition: the civil liability of a person performing professional duties is the application of measures and sanctions (additional burdens) to him in case of failure to achieve (improper achievement) of a result intended for a third party: state, organization , individual.
In theory and practice of insurance, the issue of the subject composition of the insurance contract for this type has not been resolved. Beneficiaries in such legal relations are the injured persons (legal and physical), in whose direction the contract is drawn up. An analysis of the legislative provision cited suggests that the Russian legislator most likely had in mind the features of insurance related to the exercise by citizens of certain types of professional activities. However, international practice indicates that the practice of insurance of legal entities cannot be considered contrary to the law as a form of CSA related exclusively to the provision of professional services.