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Exclusion of a Personal Insurance Contract from the System of Public Contracts
- Authors: Lebedeva E.V.1
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Affiliations:
- Ural Branch, Russian State University of Justice
- Issue: No 1 (2025)
- Pages: 56-61
- Section: Private law (civil law) studies
- Submitted: 09.01.2026
- Published: 14.01.2025
- URL: https://ogarev-online.ru/2072-909X/article/view/364444
- DOI: https://doi.org/10.37399/issn2072-909X.2025.1.56-61
- ID: 364444
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Abstract
The article examines the concept and content of a public contract based on the positions of the legislator, the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation. The amendments introduced to exclude personal insurance contracts from the system of public contracts are criticized.
The goals and objectives of the study are to identify legally defined approaches of the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, doctrinal positions regarding the classification (non-classification) of a personal insurance contract as a public contract.
The study was carried out using a comparative legal method, which made it possible to study the position of the legislator, law enforcer, and the scientific community. In addition, the work used formal-logical and systematic methods.
The result of the study is a brief comparative legal analysis of the legal nature of personal insurance contracts. The author, giving appropriate arguments, adheres to the position that it is premature to exclude a personal insurance contract from the system of public contracts.
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About the authors
Ekaterina V. Lebedeva
Ural Branch, Russian State University of Justice
Author for correspondence.
Email: lebedeva-ekateri@mail.ru
ORCID iD: 0000-0002-9413-3319
Candidate of Science (Law), Associate Professor of the Civil Law Department.
Russian Federation, ChelyabinskReferences
- Krivosheev, E. V. Treaties as sources of public law. Legal Concept. 2018;17(1):74-78. (In Russ.)
- Braginsky, M. I., Vitryansky, V. V. Contract Law. In 4 b. B. 1: General provisions. Moscow: Statut; 2003. 847 p. (In Russ.)
- Idrysheva, S. K. On definition of public contract in civil legislation of the Republic of Kazakhstan and of the Russian Federation. Journal of Russian Law. 2010;(10):93-97. (In Russ.)
- Gurtovaja, A. V. Actual problems of the contract of personal insurance (questions of publicity of the contract). Sibirskij yuridicheskij vestnik = Siberian Law Herald. 2010;(3):45-49. (In Russ.)
- Khudyakov, A. I. Theory of insurance. Moscow: Statut; 2010. 656 p. (In Russ.)
- Telibekova, I. M. Issues of publicity of the insurance contract. Voprosy rossijskogo i mezhdunarodnogo prava = Matters of Russian and International Law. 2022;12(1A):143-150. (In Russ.)
- Epishkina, S. V. Voluntary personal insurance contract: problems of law enforcement. Scientific and economic potential of society development: theory and practice. Materials of the All-Russian Scientific and Practical Conference dedicated to the 60th anniversary of the Faculty of Finance and Economics (Blagoveshchensk, 17 November 2023). Blagoveshchensk: Far Eastern State Agrarian University; 2023. Pp. 214–219. (In Russ.)
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