Фінансово-кредитна діяльність: проблеми теорії та практики (Feb 2021)
ENVIRONMENTAL INSURANCE FUNCTIONS: LEGAL ASPECT
Abstract
Abstract. The state of regulatory support of the compensatory and preventive functions of environmental insurance has been studied. As a research method, a systematic approach has been chosen, which explores environmental insurance not only as a separate type of profit-seeking activity, but first of all as the component of economic and legal mechanism in the field of environmental relations, an element of the legal mechanism for providing environmental safety and a means to prevent and compensate for environmental abuses. The system of environmental funding sources financing has been analysed. It is determined that, unlike other funds for financing environmental protection measures, environmental insurance funds are used exclusively to protect the policyholders’ proprietary interests. Despite the fact that in case of an insured event occurrence a natural object may be destroyed or damaged, the obligation to use the funds received as insurance payments for environmental protection measures is not provided for in the legislation of Ukraine. It has been established that the possibility of using the insurance funds in environmental insurance for financial support of preventive measures related to the reduction of environmental insurance risk, provided for by the environmental legislation of Ukraine, contradicts the provisions of the insurance legislation of Ukraine as it pertains to insurance reserves placement. The conclusion has been drawn on the suitability of legal support of the ecological function of environmental insurance, which is to ensure the quality of the environment. In order to reflect the ecological function of environmental insurance at the regulatory level, it has been proposed: to capture in the legislation of Ukraine the obligation of the insured to use the insurance payment associated with causing harm to natural objects, to restore the wholesomeness of such objects and to eliminate the negative changes in the environment that led to the occurrence of the relevant insured event; to create a guarantee fund for financing activities related to the environmental insurance risks mitigation. Keywords: legal regulation, environmental insurance, environmental insurance functions, economic and legal mechanism in the field of environmental relations, environmental safety legal mechanism. Formulas: 0; fig.: 0; tabl.: 0; bibl.: 21.
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