KRŠENJE ZAKONSKIH PROPISA KROZ NEDOZVOLJENE PRAKSE NA TRŽIŠTU OSIGURANJA OD ODGOVORNOSTI ZA MOTORNA VOZILA
VIOLATION OF LEGAL REGULATIONS THROUGH ILLEGAL PRACTICES IN THE MOTOR VEHICLE LIABILITY INSURANCE MARKET

Summary/Abstract: One of the biggest problems facing the modern insurance market, both in Republika Srpska and in the surrounding countries, is the implementation of illegal business practices. The mentioned practice is most often represented in the legally obligatory types of insurance, in this case motor third party liability insurance, which occupies by far the largest share of the market. Despite legal regulations, which regulate relations, rules and many other provisions, insurance companies motor vehicle liability insurance system, thus violating its own solvency, liquidity, but also the overall functionality of the insurance market mechanism. If we take into account the fact that the market is highly competitive, due to the number of active companies, it is not illogical the occurrence of illicit practices in the form of various discounts to gain an advantage, but raises questions: Does the essence of the problem lie in companies and not in market mechanisms? Why do we have an unrealistic number of insurance companies in such a small and underdeveloped market? Currently, the practices used by insurance companies are illegal, in most cases under the radar of supervisory authorities due to the difficulty of disclosure and control, as regular reports and economic indicators are submitted. Legal provisions and regulations prescribed by the supervisory body, in the case of these practices, use certain punitive measures that have recently had a milder effect, while the position of the supervisory body in the application of punitive measures to comply with the premium system and other violations is further complicated by uneven case law. in some cases they cannot be proven.

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