It’s necessary to write down the condition about the responsibility of the insurer in the state contract on OSAGO is under the special law.

According to the opinion court, the Law on OSAGO is special in relation to Law No. 44-Federal LAw, and it provides for the liability of the insurer in a larger amount. Under the OSAGO Act, the penalty for violating the term of insurance payment is 1% of the amount of insurance compensation for each day of delay. And according to the Law No. 44-Federal Law, the penalty for late performance of the contract can not be less than 1/300 of the CB of Russia refinancing rate from the contract price, which is reduced by an amount proportional to the amount of obligations fulfilled.

Document: Resolution of the AC of the East Siberian District of 12.07.2017 in the case N A78-15606 / 2016