ON THE CONCEPT OF SYSTEMIC IMPROVEMENT OF LEGAL REGULATION OF INSURANCE ACTIVITIES

Анотація

The purpose of the article is to determine approaches to improving the legal regulation of the insurance business. Legal regulation of insurance consists of approved legislative and other normative legal acts that regulate insurance activity both in general and in its individual directions. It is clear that there is a direct cause-and-effect relationship between the quality of the relevant legal norms and insurance activity. To ensure the necessary quality of legal norms, it is advisable to use a scientific arsenal, in particular, a systematic approach to improving legal norms. To do this, we will interpret the legal regulation of insurance activity as a component of the system - the system of legal support of this activity. It can be considered that the system of legal support of insurance activity includes two components: a normative model - a set of normative legal acts regulating the organization, functioning and development of insurance activity (the first component) and organizational means of its implementation (the second component). Today, we can already say that the mechanism for the implementation of the normative model has been formed. It includes bodies that control the implementation of legal acts regulating insurance activity. The mechanism for the implementation of the regulatory model should include means of ensuring the transparency and stability of the insurance market, means of detecting deviations of insurance companies from the requirements of current legal acts (plans for carrying out inspections, methods of detecting offenses and their etc.). The means and methods of the regulatory model implementation mechanism can be divided into those used in the presence of deviations of insurance companies from the requirements of current legal acts and into means that are preventive. In particular, in order to prevent possible fraud on the part of companies that allegedly offer insurance services, potential policyholders should know that a company that carries out its activities on legal grounds must necessarily have a license to conduct professional activities - insurance operations. There is a direct cause-and-effect relationship between the quality of relevant legal norms and insurance activity. To ensure the necessary quality of legal norms, it is advisable to use a scientific arsenal, in particular, a systematic approach to improving legal norms. According to the theory of systems, a system is understood as a multiplicity of elements on which a relationship with predetermined (or actual) properties is implemented. The predetermined are the desired properties that embody the desired system, and the actual properties are the properties of the system that actually exists. Improving the legal regulation of insurance activity could consist in the formation of a complete set of desirable properties (requirements) that draft legal acts in the field of insurance should meet. Correspondence of the project of the act to certain properties (characteristics) could be determined by relevant experts. Another way of improving the legal regulation of insurance activity, which follows from the methodology of system analysis, is also possible. The following technology for improving legal regulation is proposed. It consists in formulating the desired features of legal regulation of insurance activity. These characteristics are considered as desirable goals of legal norms. Comparison of existing and desired features is carried out. The difference between the desired and the actual is interpreted as a problem. When fixing the problem of desired features, several alternatives for its solution are developed (prepared) and the best alternative is chosen.