On the issue of the civil legal status of the beneficiary under the compulsory state insurance of life and health of civil servants

Abstract

The article considers issues connected with defining the legal status of persons receiving insurance payments in case of death of persons insured under the contract of compulsory state insurance described in the Federal Law No. 52-FZ. The peculiarities of this type of insurance payments arise because the beneficiary is not defined in advance and will be determined from a list of persons named in paragraph 3 of Art. 2 of Federal Law No. 52-FZ when the insured event occurs. Comparing the list of persons described in Federal Law No. 52-FZ with the list of heirs provided for in Art. 1142-1148 of the Civil Code of the Russian Federation leads the author toward the idea of its progressive nature; in particular, including the stepfather and stepmother of a deceased public servant in the list of beneficiaries reflects the general trend towards humanization of the current civil legislation. The article demonstrates that the list of beneficiaries enshrined in Federal Law No. 52-FZ includes the persons closest to the great majority of citizens. According to the author, the inclusion of these persons in the category of «beneficiaries» used in various civil institutions does not correspond to the essence of the legal structure under consideration. These legal relations provide for insurance payments in case of death of military personnel, regular and superior staff of internal affairs bodies, and other persons who performed their duty. For this reason, insurance payments cannot be considered an acquired benefit. In this regard, the author proposes to amend Federal Law No. 52-FZ and instead of using the current term «the beneficiaries», define the new term - «persons entitled to receive insurance payments».