LEGAL REGULATION OF STATE INSURANCE OF CRITICAL INFRASTRUCTURE FACILITIES

The article examines the legal principles of state insurance of critical infrastructure facilities as a tool for increasing the stability of the country's economic and social system. The conceptual and terminological apparatus defined in the Laws of Ukraine "On Insurance", "On Critical Infrastructure" is considered, which justifies the need for mandatory state involvement in covering the risks of emergencies, man-made accidents, cyber threats and military actions. Key problematic issues are identified: the vagueness of the range of insured facilities and risk classification, the lack of actuarial information and a coordinated methodology for calculating insurance premiums, as well as the challenges of interacting with private insurance companies in conditions of limited budgetary resources. It is envisaged to establish a mandatory co-insurance mechanism between the state and private insurers, to agree on participation quotas and capital standards for private participants in the reinsurance pool. The need for automated interaction between the Register of Critical Infrastructure Facilities and the State Insurance Fund for prompt updating of information, correct calculation of insurance premiums and accelerated payment is separately substantiated. The importance of taking into account martial law is particularly emphasized: it is proposed to introduce into the legislation separate norms on covering losses from hostilities with the formation of an emergency reserve outside the annual budget and simplified co-insurance procedures. The introduction of comprehensive regulatory solutions in the field of state insurance of critical infrastructure facilities will contribute to the state's resilience to external and internal threats, optimization of restoration costs and the formation of transparent and predictable rules of the game for participants in the insurance market. It is determined that state insurance of critical infrastructure facilities is a system of mandatory legal and financial mechanisms by which the state guarantees compensation for losses that may arise as a result of emergencies (natural disasters, man-made accidents, cyberattacks, hostilities, etc.) at strategic facilities of the economy and social sphere.

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Publication Details

Journal
Scientific Notes Series Law
Published
2025-01-01
DOI
https://doi.org/10.36550/2522-9230-2025-18-109-113
Primary Topic
Legal and Policy Issues
Type
article
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article

LEGAL REGULATION OF STATE INSURANCE OF CRITICAL INFRASTRUCTURE FACILITIES

Л. О. Кожура, Вікторія Чорна, Oksana Kuzmenko
Scientific Notes Series Law
Legal and Policy Issues
article

LEGAL REGULATION OF STATE INSURANCE OF CRITICAL INFRASTRUCTURE FACILITIES

Л. О. Кожура, Вікторія Чорна, Oksana Kuzmenko
article en

Abstract

The article examines the legal principles of state insurance of critical infrastructure facilities as a tool for increasing the stability of the country's economic and social system. The conceptual and terminological apparatus defined in the Laws of Ukraine "On Insurance", "On Critical Infrastructure" is considered, which justifies the need for mandatory state involvement in covering the risks of emergencies, man-made accidents, cyber threats and military actions. Key problematic issues are identified: the vagueness of the range of insured facilities and risk classification, the lack of actuarial information and a coordinated methodology for calculating insurance premiums, as well as the challenges of interacting with private insurance companies in conditions of limited budgetary resources. It is envisaged to establish a mandatory co-insurance mechanism between the state and private insurers, to agree on participation quotas and capital standards for private participants in the reinsurance pool. The need for automated interaction between the Register of Critical Infrastructure Facilities and the State Insurance Fund for prompt updating of information, correct calculation of insurance premiums and accelerated payment is separately substantiated. The importance of taking into account martial law is particularly emphasized: it is proposed to introduce into the legislation separate norms on covering losses from hostilities with the formation of an emergency reserve outside the annual budget and simplified co-insurance procedures. The introduction of comprehensive regulatory solutions in the field of state insurance of critical infrastructure facilities will contribute to the state's resilience to external and internal threats, optimization of restoration costs and the formation of transparent and predictable rules of the game for participants in the insurance market. It is determined that state insurance of critical infrastructure facilities is a system of mandatory legal and financial mechanisms by which the state guarantees compensation for losses that may arise as a result of emergencies (natural disasters, man-made accidents, cyberattacks, hostilities, etc.) at strategic facilities of the economy and social sphere.

Scientific Notes Series LawVol. 1(18)
Industry, innovation and infrastructure
Openalex Percentile: Top 64%
Legal and Policy Issues
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