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Досвід країн Європейського Союзу щодо запобігання кримінальним правопорушенням у сфері страхування

Year: 2025
Type: article
Abstract: The article emphasizes that the prevention of criminal offenses in the insurance sector in foreign countries is not left aside, but depends, on the one hand, on the scale of development of the insurance system itself in the country, and on the other hand, on the effectiveness of the measures taken to prevent criminal offenses, in particular «insurance fraud.» Therefore, it is necessary to implement in domestic criminal legislation the establishment of liability for the commission of “insurance fraud”, since, unlike Ukrainian legislation, in the criminal legislation of many European countries this type of fraud (insurance abuse) is considered as an independent criminal offense (Austria, Germany), moreover, in some countries, liability for this act is provided for by special articles of the criminal law (Netherlands). It has been established that the prevention of «insurance fraud» is carried out on the principles of «collective security». The main elements of the collective security system of insurers in world practice are: combining the efforts of all insurance companies in preventing fraud in the insurance services market; protection of corporate insurance capital; creation of an information data bank; compliance by all insurers with uniform standards approved by the National Bank (Latvia, Italy, Spain, Poland, Germany, France); activities of the National Bureau for Combating Insurance Fraud. The main attention is paid to the analysis of approaches to choosing the optimal ways of developing regulation and supervision in the NSF. The share of assets of the NSF of Ukraine is only 7% of the total assets of financial and credit institutions of the country, however, problems in this sector can have a negative impact on the entire economy, which was evident during the last financial crisis. In this regard, the implementation of effective risk management in this segment is extremely relevant. For NFIs, such as insurance companies, risk management should serve as a mechanism to protect the interests of clients, owners and investors, as well as be the basis for making informed decisions.
Language: English
Open Access status: green
OpenAlex ID: W7072248132
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