On compulsory insurance of an employee against accidents in the performance of his labor (service) duties. Compulsory insurance Who will not have to pay
This Law regulates relations arising in the field of compulsory insurance of civil liability of owners Vehicle, and establishes the legal, financial and organizational bases its implementation.
Chapter 1. General Provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) appraisal organization- a legal entity that has a license to carry out valuation activities for property valuation (with the exception of intellectual property, the value of intangible assets);
2) bonus-malus system- a system of discounts and surcharges used in calculating the amount of the insurance premium payable under a contract of compulsory insurance of civil liability of vehicle owners, by applying increasing or decreasing coefficients to the insured (insured) depending on the presence or absence of insured events due to his fault with assignment of the appropriate class according to this system;
3) victim- a person whose life, health and (or) property was damaged as a result of the operation of the vehicle, the obligation to compensate for which, in accordance with the legislation of the Republic of Kazakhstan, is assigned to the policyholder (insured) as the owner of the vehicle;
4) passenger- an individual who has concluded a contract of carriage with the carrier orally or in writing;
5) package agreement- a contract of compulsory insurance of civil liability of vehicle owners, concluded by an individual who is the owner of two or more units of vehicles specified in the insurance policy, and is valid for only one insured individual;
6) civil liability of the vehicle owner- established by the civil legislation of the Republic of Kazakhstan, the obligation of individuals and legal entities compensate for the harm caused to life, health and (or) property of third parties as a result of the operation of the vehicle as a source of increased danger;
7) vehicle operation- use of the vehicle for movement on roads, as well as on the territories adjacent to them equipped or adapted and used for the movement of vehicles;
8) vehicle owner- an individual or legal entity that owns a vehicle on the basis of the right of ownership, the right of economic management or the right of operational management or any other legal basis (a property lease agreement, by virtue of an order of the competent authority to transfer the vehicle, etc.);
9) traffic accident- an incident that occurred during the operation of the vehicle and with its participation, as well as the movement of parts separated from the vehicle and the cargo on it, as a result of which harm was caused to third parties;
10) beneficiary- a person who, in accordance with this Law, is the recipient of an insurance payment;
11) insurance case- an event upon the occurrence of which the insurance contract provides for the implementation of the insurance payment;
12) sum insured- the amount of money for which the object of insurance is insured and which represents the maximum amount of liability of the insurer in the event of insured event;
13) insurance premium- the amount of money that the insured is obliged to pay to the insurer for the latter's acceptance of obligations to make an insurance payment to the insured (beneficiary) in the amount determined by the insurance contract;
14) insurance payment- the amount of money paid by the insurer to the insured (beneficiary) within the sum insured upon the occurrence of an insured event;
15) insurer- a legal entity that has received a license for the right to carry out insurance activities in the territory of the Republic of Kazakhstan in the manner established by law of the Republic of Kazakhstan, which, upon the occurrence of an insured event, is obliged to make an insurance payment to the insured or other person in whose favor the contract is concluded (beneficiary), within the amount specified by the contract (sum insured);
16) insured- the person in respect of whom the insurance is carried out;
17) policyholder- a person who has entered into an insurance contract with an insurer. Unless otherwise provided by the insurance contract, the policyholder is simultaneously the insured;
18) standard contract- a contract of compulsory insurance of civil liability of vehicle owners, concluded by an individual or legal entity that is the owner of the vehicle specified in the insurance policy and is valid for one or more insured persons;
19) direct settlement- a mechanism for settling an insured event, in which compensation for harm caused to life, health and (or) property of the victim in a traffic accident is carried out by the insurer with whom the victim has concluded an agreement on compulsory insurance of civil liability of vehicle owners within the scope of liability provided for by this Law.
Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of vehicle owners
1. The legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of vehicle owners is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided for by this Law, then the rules of the international treaty shall apply.
Article 3. The object of compulsory insurance of civil liability of vehicle owners
The object of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory liability insurance of vehicle owners) is the property interest of the insured person associated with his obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for harm caused to life, health and (or) property of third parties. persons as a result of the operation of the vehicle as a source of increased danger.
Article 4. Purpose and basic principles of compulsory liability insurance of vehicle owners
1. The purpose of compulsory liability insurance of vehicle owners is to ensure the protection of the property interests of third parties whose life, health and (or) property is damaged as a result of the operation of vehicles, through the implementation of insurance payments.
2. The main principles of compulsory liability insurance of vehicle owners are:
ensuring the protection of the property interests of the victims in the amount and manner established by this Law;
operation of the vehicle, subject to the availability of its owner insurance policy on compulsory liability insurance of vehicle owners;
ensuring the fulfillment by the parties of their obligations under the contract of compulsory liability insurance of vehicle owners;
economic interest of vehicle owners in improving road safety.
Article 5. Persons whose civil liability is subject to compulsory insurance
1. The civil liability of owners is subject to compulsory insurance:
1) cars, trucks, buses, minibuses and vehicles built on their basis, motor vehicles and trailers (semi-trailers) for them, registered (subject to state registration) in the divisions of the authorized body for ensuring road safety, as well as trams and trolleybuses;
2) temporarily entered (imported) into the territory of the Republic of Kazakhstan;
3) vehicles specified in subparagraphs 1) and 2) of this paragraph, delivered on their own from manufacturing organizations, repair and trade organizations, customs control bodies to the place of registration, as well as deregistered by a subdivision of the authorized body for ensuring road safety in connection with a change in the owner's place of residence or a change in ownership.
2. The civil liability of the vehicle owner is subject to insurance for each unit of the vehicle operated by him.
The conclusion of a contract of voluntary insurance of civil liability of vehicle owners does not relieve the owner of the vehicle from the obligation to conclude a contract of compulsory liability insurance of vehicle owners.
3. The contract of compulsory liability insurance of vehicle owners is not concluded in case of entry into the territory of the Republic of Kazakhstan of a vehicle registered in another state, the owner of which has concluded a contract of liability insurance of vehicle owners, recognized by the Republic of Kazakhstan in accordance with the terms of an international agreement concluded between this state and Republic of Kazakhstan.
4. The contract of compulsory liability insurance of vehicle owners is not concluded by owners whose vehicles are not subject to state registration and accounting (with the exception of trams and trolleybuses) in the subdivisions of the authorized body for ensuring road safety in accordance with the legislation of the Republic of Kazakhstan.
5. The civil liability of a person driving a vehicle by virtue of the performance of his official or labor duties, including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the owner of the vehicle on the basis of his will without registration, is not subject to compulsory insurance. written form of the transaction.
Chapter 2. Ensuring the functioning of the system of compulsory liability insurance of vehicle owners
Article 6. State control and supervision in the field of compulsory liability insurance of vehicle owners
1. State supervision over the activities of insurance companies is carried out by the National Bank of the Republic of Kazakhstan (hereinafter referred to as the authorized body) in accordance with the legislation of the Republic of Kazakhstan.
2. State control over the fulfillment by vehicle owners of the obligation to conclude a compulsory liability insurance contract for vehicle owners established by this Law is carried out by subdivisions of the authorized body for ensuring road safety when registering vehicles and exercising their other powers in the field of monitoring compliance with traffic rules , as well as regulatory legal acts of the Republic of Kazakhstan in the field of road safety.
3. State control over the fulfillment by vehicle owners of the obligation to conclude a contract of compulsory liability insurance of vehicle owners established by this Law is carried out at automobile checkpoints across the State Border of the Republic of Kazakhstan, coinciding with the customs border of the Customs Union, by state revenue bodies.
Article 7
1. The operation of a vehicle if its owner does not have a contract of compulsory liability insurance of vehicle owners is not allowed.
2. A person driving a vehicle must have an insurance policy for compulsory liability insurance of vehicle owners and present it for verification to employees of the authorized body for ensuring road safety and officials of transport control bodies authorized to do so in accordance with the legislative acts of the Republic Kazakhstan.
Subdivisions of the authorized body for ensuring road safety and transport control bodies, when checking documents, are required to require the presentation of an insurance policy of compulsory liability insurance of vehicle owners from the person driving the vehicle.
Article 8
1. A legal entity registered as an insurance company, prior to obtaining a license for the right to carry out compulsory liability insurance of vehicle owners, is obliged to:
1) conclude a participation agreement with the Fund for Guaranteeing Insurance Payments in the manner prescribed by the law of the Republic of Kazakhstan on the establishment and operation of the said Fund;
2) to become a member of the council of representatives in the manner and under the conditions determined by this Law and the internal rules of the insurance ombudsman approved by the council of representatives;
2. An insurer carrying out compulsory liability insurance of vehicle owners is obliged to annually publish its consolidated financial statements, and in the absence of a subsidiary (subsidiaries) organization (organizations) - unconsolidated financial statements and an audit report in Kazakh and Russian languages in at least two periodicals distributed throughout the territory of the Republic of Kazakhstan, in the manner and within the time limits established by the authorized body.
3. Activities aimed at restricting or eliminating competition, providing or obtaining unreasonable advantages in concluding compulsory liability insurance contracts for vehicle owners by some insurers over others, infringing on the rights and legitimate interests of insurers are not allowed.
Article 8-1. [deleted]
Article 8-2. [deleted]
Article 8-3. [deleted]
Article 9. Information interaction
1. The internal affairs bodies shall issue one copy to the participants in a transport accident or their representatives, as well as to insurance organizations, the insurance ombudsman, at their request, documents confirming the fact of an insured event, as well as a case of harm to the life and health of the victim by a person who fled the scene of a transport accident , including a copy of the protocol on violation of traffic rules with a diagram of the incident.
2. Internal affairs bodies, prosecution authorities, courts, healthcare organizations, other state bodies and organizations that have information about a traffic accident and its consequences are obliged to provide this information in writing, certified with a seal, to the insurer, the insurance ombudsman and the Fund for Guaranteeing Insurance Payments free of charge when they are handled.
3. If it is impossible for the insurant (insured person), victims or their heirs to report about the occurrence of a traffic accident, the subdivisions of the authorized body for ensuring road safety inform the relevant insurer about this traffic accident.
Chapter 3. Contract of Compulsory Liability Insurance of Vehicle Owners
Article 10
1. Compulsory insurance liability of vehicle owners is carried out on the basis of an agreement concluded between the insured and the insurer in accordance with this Law.
2. The contract of compulsory liability insurance of vehicle owners provides for the implementation of insurance payments for obligations arising from damage to life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including the loss of the commodity value of the property, as well as compensation for the penalty in connection with the violation by the victim of the terms of delivery of goods or production of works (rendering of services), his other obligations under contracts (contracts).
3. A contract of compulsory liability insurance of vehicle owners must be concluded only with an insurer licensed to carry out activities in this type (class) of compulsory insurance.
The policyholder is free to choose the insurer.
The insurer is not entitled to refuse the policyholder to conclude a contract of compulsory liability insurance of vehicle owners.
Under a contract of compulsory liability insurance of vehicle owners, the insured undertakes to pay an insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the beneficiary in the amount, procedure and terms established by this Law.
4. Contracts of compulsory liability insurance of vehicle owners are divided into the following types:
1) standard;
2) complex.
5. The contract of compulsory liability insurance of vehicle owners is concluded in writing by issuing an insurance policy by the insurer to the policyholder (insured person).
The insurance policy is issued in accordance with the requirements of the regulatory legal act of the authorized body and contains information, as well as a unique number obtained from the database.
The basis for concluding a contract of compulsory liability insurance of vehicle owners is the application of the insured. The requirements for the content of the application and the list of copies of documents confirming the information specified in the application are established by the regulatory legal acts of the authorized body.
6. The insurance policy, in addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, must contain the amount of the maximum amount of liability of the insurer for one insured event and an indication of the type of contract.
The requirements for issuing an insurance policy for compulsory liability insurance of vehicle owners are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.
6-1. Changes and additions to the insurance policy are not allowed.
7. In case of loss of the insurance policy, the insurer is obliged, on the basis of a written application of the insured (insured person), to issue him a duplicate of the insurance policy.
After issuing a duplicate, the lost insurance policy is considered invalid and no insurance payment is made on it.
The costs of the insurer for doing business when issuing a duplicate of the insurance policy in case of its loss are reimbursed by the insured (insured) in the amount of 0.1 monthly calculation index established in accordance with the law of the Republic of Kazakhstan on republican budget as of the date of submission of the relevant application.
8. If the insurer has entered into a contract of compulsory liability insurance of vehicle owners on terms that worsen the situation of the insured (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall be liable to the insured (insured) and the victim on the terms established by this Law.
9. Payment of the insurance premium under the contract of compulsory liability insurance of vehicle owners is made by an individual in a lump sum payment.
10. Conclusion of an agreement on compulsory liability insurance of vehicle owners in the places where their compulsory technical inspection and registration subdivisions of the authorized body for ensuring road safety is carried out only with an organization providing financial services in the indicated places, providing agency services of insurance companies.
Article 11. Standard contract
1. Under a standard contract, the civil liability of one or more vehicle owners may be insured.
2. A standard contract is concluded by issuing by the insurer to the policyholder (insured person) a separate insurance policy for each unit of the operated vehicle.
3. The insurance policy must contain information about the insured (insured, insured) and the vehicle being used.
5. Under a standard contract, the civil liability of the insured (insured) arising as a result of harm to third parties by the insured (insured) himself or in the event of:
2) driving a vehicle by a person on the basis of an employment or other contract with an insured (insured) drawn up in writing;
3) driving a vehicle by a person who unlawfully took possession of the vehicle, if the responsibility for the damage caused is assigned to the policyholder (insured person).
Article 12. Complex agreement
1. Under a complex contract, the civil liability of an individual who owns two or more vehicles may be insured.
2. A comprehensive contract is concluded by issuing an insurance policy by the insurer to the insured (insured) for all operated vehicles.
3. The insurance policy must contain information about the insured (insured) - an individual and the vehicles operated by him.
5. Under a complex contract, the civil liability of the insured (insured) arising as a result of causing harm to third parties by the insured (insured) himself or in the event of:
1) driving a vehicle by a person entitled to drive it in the presence of the policyholder (insured person);
2) driving a vehicle by a person who unlawfully took possession of the vehicle, if the responsibility for the damage caused is assigned to the policyholder (insured person).
Article 13
1. The contract of compulsory liability insurance of vehicle owners shall apply to all persons recognized as victims in accordance with this Law, including those in the vehicle of the insured (insured) who is guilty of causing harm, except for:
1) a person driving this vehicle by virtue of performance of official or labor duties with the insured (insured), including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the insured (insured) on the basis of his will without a written form transactions;
2) passengers, if the policyholder (insured person) is a carrier, which is subject to the requirement of the legislative act of the Republic of Kazakhstan, which regulates the compulsory insurance of civil liability of the carrier to passengers;
3) employees of the insured (insured), if the legislative acts of the Republic of Kazakhstan impose on the insured (insured) as an employer the obligation to insure the employee against accidents in the performance of his labor (service) duties.
2. The contract of compulsory liability insurance of vehicle owners shall enter into force and become binding on the parties from the date established by the contract of compulsory liability insurance of vehicle owners.
3. The contract of compulsory liability insurance of vehicle owners is concluded for a period of twelve months from the date of its entry into force.
The contract of compulsory liability insurance of vehicle owners must be concluded from the moment an individual or legal entity acquires the right to own a vehicle, but no later than ten working days from the moment of state registration (re-registration) of this vehicle in the subdivisions of the authorized body for ensuring road safety.
4. It is allowed to conclude an agreement on compulsory liability insurance of vehicle owners for a period other than that provided for in paragraph 3 of this article:
1) during seasonal operation of the vehicle, but not less than six months;
2) with creditors (insurants) of a forcibly liquidated insurance organization participating in the system of guaranteeing insurance payments;
3) in the cases provided for by subparagraph 3) of paragraph 1 of Article of this Law for a period preceding the state registration of the vehicle, but not less than five calendar days;
4) in case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan for the entire period of temporary entry, but not less than five calendar days.
6. The validity of the contract of compulsory liability insurance of vehicle owners is limited to the territory of the Republic of Kazakhstan, unless otherwise provided by an international agreement concluded by the Republic of Kazakhstan.
Article 14. Termination of the contract of compulsory liability insurance of vehicle owners
1. The contract of compulsory liability insurance of vehicle owners shall be considered terminated in the following cases:
1) expiration of the contract;
2) early termination of the contract;
3) the occurrence of the first insured event obliging the insurer to pay the insurance benefit.
2. When making an insurance payment, the insurance policy is subject to withdrawal by the insurer. At the same time, the owner of the vehicle (if it has not been destroyed) is obliged to conclude a contract of compulsory liability insurance of vehicle owners for a new period of his choice with any insurer entitled to this type (class) of compulsory insurance.
Article 15
1. The contract of compulsory liability insurance of vehicle owners is terminated ahead of schedule in cases established by the Civil Code of the Republic of Kazakhstan.
2. For the early termination of the contract of compulsory liability insurance of vehicle owners, the insured (in the event of the death of the insured, his heir(s)) shall submit a written application to the insurer.
3. In case of early termination of the contract of compulsory liability insurance of owners and the conclusion of a new contract of compulsory liability insurance of vehicle owners with the same insurer, the policyholder shall have the right to a refund of a part of the insurance premium calculated according to the following formula:
NSP = SP * n/N, where:
NSP - the amount of the insurance premium withheld by the insurer (in tenge);
SP - the amount of the insurance premium paid under the contract of compulsory liability insurance of vehicle owners (in tenge);
n - the period that has elapsed since the entry into force of the contract of compulsory liability insurance of vehicle owners until the moment of its early termination (in days), including the day of application;
N - the term for concluding a contract of compulsory liability insurance of vehicle owners (in days).
4. In case of non-compliance with the condition provided for in paragraph 3 of this article, the insured has the right to return part of the insurance premium upon early termination of the contract of compulsory liability insurance of vehicle owners in the following amounts:
| N p / p | The period that has elapsed from the date of entry into force of the contract of compulsory liability insurance of vehicle owners until the moment of its early termination | The amount of the insurance premium withheld by the insurer (as a percentage of the annual insurance premium) |
| 1 | 2 | 3 |
| 1 | up to 15 days inclusive | 15 |
| 2 | from 16 days to 1 month inclusive | 20 |
| 3 | from 1 to 2 months inclusive | 30 |
| 4 | from 2 to 3 months inclusive | 40 |
| 5 | from 3 to 4 months inclusive | 50 |
| 6 | from 4 to 5 months inclusive | 60 |
| 7 | from 5 to 6 months inclusive | 70 |
| 8 | from 6 to 7 months inclusive | 75 |
| 9 | from 7 to 8 months inclusive | 80 |
| 10 | from 8 to 9 months inclusive | 85 |
| 11 | from 9 to 10 months inclusive | 90 |
| 12 | from 10 to 11 months inclusive | 95 |
| 13 | over 11 months | 100 |
Article 16. Rights and obligations of the insured
1. The policyholder has the right:
1) require the insurer to clarify the terms of compulsory liability insurance of vehicle owners, their rights and obligations under the contract of compulsory liability insurance of vehicle owners;
1-1) request from the organization for the formation and maintenance of a unified database on insurance (hereinafter referred to as the database) information on the presence in the database of information on the contract of compulsory liability insurance of vehicle owners concluded by the insured with the insurer, whose duties include entering information on him to the database. This right also applies to the insured;
2) get a duplicate of the insurance policy in case of its loss;
3) use the services of an independent expert to assess the amount of damage caused to the property of the victim;
5) prematurely terminate the contract of compulsory liability insurance of vehicle owners;
7) receive an insurance payment in the cases provided for by this Law.
The contract of compulsory liability insurance of vehicle owners may also provide for other rights of the insured that do not contradict the civil legislation of the Republic of Kazakhstan.
2. The policyholder is obliged:
1) when concluding a contract of compulsory liability insurance of vehicle owners, provide the insurer with information about yourself, each insured person included in the insurance policy, vehicle (vehicles), double insurance, seasonal operation of the vehicle, temporary entry into the territory of the Republic of Kazakhstan and the right to to reduce the amount of the insurance premium in the manner prescribed by this Law, necessary to include in the application and copies of the necessary documents confirming the information specified in the application;
2) pay insurance premiums in the amount, procedure and terms established by the contract of compulsory liability insurance of vehicle owners;
3) immediately, but no later than three working days, as he became aware of the occurrence of a traffic accident and an insured event, notify the insurer with whom the contract of compulsory liability insurance of vehicle owners has been concluded in an accessible way (orally, in writing). An oral communication must be subsequently (within seventy-two hours) confirmed in writing. In cases where the policyholder and the insured are not the same person, the obligation to inform the insurer about the occurrence of an insured event rests with the insured. If the policyholder (insured person) for valid reasons was not able to perform the specified actions, he must document this;
4) when a traffic accident is committed, inform the victims and employees of the authorized body for ensuring road safety the name and location of the insurer with which the contract of compulsory liability insurance of vehicle owners has been concluded;
5) in the event of a traffic accident, take reasonable and available measures in the circumstances to prevent or reduce possible losses, including measures to save property and provide assistance to injured persons;
6) inform the relevant authorities and organizations based on their competence (subdivisions of the authorized body for ensuring road safety, state fire service authorities, ambulance service, emergency services) about the traffic accident and injured persons;
6-1) in the event of a traffic accident, immediately, but no later than two hours from the moment of receiving a written referral from an authorized official, undergo a medical examination to establish the fact of using a psychoactive substance and the state of intoxication in accordance with the requirements of the legislation of the Republic of Kazakhstan;
7) immediately, but no later than two working days from the date of notification, to the insurer about the occurrence of an insured event, notify the victim about it;
8) ensure the transfer to the insurer of the right to claim back against the person responsible for the occurrence of the insured event.
The contract of compulsory liability insurance of vehicle owners may also provide for other obligations of the insured that do not contradict the laws of the Republic of Kazakhstan.
3. The obligations of the insured, specified in subparagraphs 4), 5) and 6) of paragraph 2 of this article, are assigned to the person who directly drove the vehicle at the time of the traffic accident.
Article 17. Rights and obligations of the insurer
1. The insurer has the right:
1) when concluding a contract of compulsory liability insurance of vehicle owners, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the insured to provide the information necessary to enter into the contract of compulsory liability insurance of vehicle owners in accordance with this Law, including information on previous contracts of compulsory liability insurance of vehicle owners, insured events and insurance payments;
2) request from the relevant state bodies and organizations, based on their competence, documents confirming the fact of the occurrence of an insured event and the amount of harm caused to the victims;
3) establish the causes and other circumstances of the transport accident;
5) present the right of a return claim to the person responsible for causing harm, in the cases provided for by the article of this Law;
6) refuse to make an insurance payment, as well as compensation for the harm caused in the manner prescribed by Article 26-1 of this Law, in whole or in part on the grounds provided for in Article of this Law.
The contract of compulsory liability insurance of vehicle owners may also provide for other rights of the insurer that do not contradict the civil legislation of the Republic of Kazakhstan.
2. The insurer is obliged:
1) familiarize the policyholder (insured person) with the conditions of compulsory liability insurance of vehicle owners, explain his rights and obligations arising from the contract of compulsory liability insurance of vehicle owners;
2) to issue an insurance policy to the policyholder (insured person) upon conclusion of the contract of compulsory liability insurance of vehicle owners;
4) provide benefits for the payment of insurance premiums to the persons specified in the first part of paragraph 1 of Article of this Law;
5) upon receipt of a message about a traffic accident, immediately register it;
5-1) within a working day from the date of receipt of a written request from the victim or a person who, in accordance with the laws of the Republic of Kazakhstan, has the right to compensation for harm in connection with the death of the victim, submit in writing information on the availability of an insurance policy (surname, name, if available - patronymic of the insured, state registration number of the vehicle, number and date of issue) from the insured who is the culprit of the traffic accident, if there is a document confirming the insured event;
6) within the time limits and in the manner established by this Law, arrange for an assessment of the damaged (destroyed) property by an independent expert and submit an assessment report to the beneficiary for review;
6-1) in case of non-submission by the insured of the documents provided for in paragraph 2 of Article of this Law, immediately, but no later than three working days, notify him in writing of the missing documents;
7) upon the occurrence of an insured event, make an insurance payment in the amount, procedure and terms established by this Law;
7-1) when filing a written claim for compensation for the harm caused in the manner prescribed by Article 26-1 of this Law, to make compensation for the damage caused in the amount, procedure and terms established by this Law;
8) reimburse the insured (insured) for the expenses incurred by him in order to prevent or reduce losses in the event of an insured event;
9) ensure the secrecy of insurance.
The contract of compulsory liability insurance of vehicle owners may also provide for other obligations of the insurer that do not contradict the laws of the Republic of Kazakhstan.
Article 18. Rights of the victim
1. The victim has the right:
1) inform the insurer about the traffic accident, as a result of which he was harmed by the insurant (insured person);
2) instead of the policyholder (insured person), collect the documents necessary for making the insurance payment and submit them to the insurer;
3) use the services of an independent expert to assess the amount of damage caused to property;
3-1) use the services of any medical institution;
4) get acquainted with the results of the assessment of the amount of damage caused by an independent expert and the calculations of the amount of insurance payment made by the insurer;
4-1) apply in writing to the insurer of the person guilty of causing harm to life, health and (or) property of the victim, to confirm the information about the availability of an insurance policy (last name, first name, if available - patronymic of the insured, state registration number of the vehicle, number and date of issue) this person in the manner prescribed by subparagraph 5-1) of the article of this Law;
4-2) apply in writing to the organization for the formation and maintenance of a database on the provision of information on the presence or absence of an insurance policy (last name, first name, if available - patronymic of the insured, state registration number of the vehicle, number and date of issue) from the person guilty of causing harm to life, health and (or) property of the victim, if there is a document confirming the insured event;
5) receive an insurance payment, as well as compensation for the harm caused in the manner prescribed by Article 26-1 of this Law;
5-1) apply to the insurance ombudsman to resolve issues arising from the contract of compulsory liability insurance of vehicle owners;
6) to challenge, in the manner prescribed by the legislation of the Republic of Kazakhstan, the decision of the insurer to refuse to pay the insurance payment or reduce its amount;
7) submit a claim for compensation for the damage caused to the owner of the vehicle in the amount of the excess of the amount of damage caused over the amount of the received insurance payment.
2. In the cases provided for by this Law, the rights of the victim, established by paragraph 1 of this article, shall be transferred to other persons acting as beneficiaries.
Article 18-1. [deleted]
Chapter 4. Insurance premiums
Article 19. The amount of the insurance premium
1. To calculate the annual insurance premium payable upon conclusion of a contract of compulsory liability insurance of vehicle owners, the basic insurance premium is used, to which, depending on the place of registration of the vehicle, type of vehicle, age and driving experience of the insured (insured person), service life vehicle and the presence or absence of insured events due to the fault of persons whose civil liability is insured (the "bonus-malus" system), the coefficients established by paragraphs 3-10 of this article are applied.
Reducing or increasing the size of the insurance premium on other grounds not provided for by this Law is not allowed.
2. The basic insurance premium is set at 1.9 monthly calculation indices.
3. Coefficients for the territory of vehicle registration are set as follows:
| N p / p | Name of the region, city of republican significance, capital | The size of the coefficient for the territory of registration of the vehicle (for the capital, cities of republican and regional significance) |
| 1 | 2 | 3 |
| 1. | Alma-Ata's region | 1,78 |
| 2. | South Kazakhstan region | 1,01 |
| 3 | East Kazakhstan region | 1,96 |
| 4. | Kostanay region | 1,95 |
| 5. | Karaganda region | 1,39 |
| 6. | North-Kazakhstan region | 1,33 |
| 7. | Akmola region | 1,32 |
| 8. | Pavlodar region | 1,63 |
| 9. | Jambyl Region | 1,00 |
| 10. | Aktobe region | 1,35 |
| 11. | West-Kazakhstan region | 1,17 |
| 12. | Kyzylorda Region | 1,09 |
| 13. | Atyrau region | 2,69 |
| 14. | Mangistau region | 1,15 |
| 15. | Almaty | 2,96 |
| 16. | Astana | 2,2 |
4. For other cities and settlements in the areas specified in paragraph 3 of this article, an additional correction factor of 0.8 is used to calculate the annual insurance premium.
5. In case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan, a coefficient for the territory of registration in the amount of 4.4 is applied.
In the cases provided for by subparagraph 3) of paragraph 1 of Article of this Law, the coefficients for the territory of registration of the vehicle do not apply.
6. Coefficients by type of vehicle are set as follows:
| N p / p | vehicle type | Classification in accordance with the regulatory legal act of the Ministry of Internal Affairs of the Republic of Kazakhstan | Coefficient size by vehicle type |
| 1 | 2 | 3 | 4 |
| 1. | Cars | "B" - cars, the gross weight of which does not exceed 3500 kg and the number of seats of which, in addition to the driver's seat, does not exceed 8 | 2,09 |
| 2. | Buses up to 16 passenger seats inclusive | 3,26 | |
| 3. | Buses over 16 passenger seats | "D" - cars designed for the carriage of passengers and having more than 8 seats, in addition to the driver's seat | 3,45 |
| 4. | Freight | "C" - trucks, the total mass of which exceeds 3500 kg | 3,98 |
| 5. | Trolleybuses, trams | Trolleybuses, trams | 2,33 |
| 6. | Motor transport | "A" - motorcycles, scooters and other motor vehicles | 1,00 |
| 7. | Trailers (semi-trailers) | "E" - combinations of vehicles with tractors belonging to vehicle categories "B", "C" or "D" | 1,00 |
7. Coefficients depending on age and driving experience are set for individuals in the following size:
8. For legal entities, the coefficient provided for in paragraph 7 of this article is set at 1.2.
9. Coefficients depending on the period of operation of the vehicle are set as follows:
10. Coefficients under the "bonus-malus" system with the assignment of the appropriate class at the end of the insurance period are set in the following amount:
| Class at the beginning of the insurance period | Coefficient size | Class at the end of the insurance period, taking into account the presence of insured events due to the fault of the insured (insured) | ||||||||
| 0 insured event | 1 insured event | 2 insured events | 3 insured events | 4 or more insured events | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||||
| Class M | 2,45 | 0 | M | M | M | M | ||||
| Class 0 | 2,30 | 1 | M | M | M | M | ||||
| Class 1 | 1,55 | 2 | M | M | M | M | ||||
| Class 2 | 1,40 | 3 | 1 | M | M | M | ||||
| Class 3 | 1,00 | 4 | 1 | M | M | M | ||||
| Class 4 | 0,95 | 5 | 2 | 1 | M | M | ||||
| Class 5 | 0,90 | 6 | 3 | 1 | M | M | ||||
| Class 6 | 0,85 | 7 | 4 | 2 | M | M | ||||
| Class 7 | 0,80 | 8 | 4 | 2 | M | M | ||||
| Grade 8 | 0,75 | 9 | 5 | 2 | M | M | ||||
| Class 9 | 0,70 | 10 | 5 | 2 | 1 | M | ||||
| Class 10 | 0,65 | 11 | 6 | 3 | 1 | M | ||||
| Class 11 | 0,60 | 12 | 6 | 3 | 1 | M | ||||
| Class 12 | 0,55 | 13 | 6 | 3 | 1 | M | ||||
| Class 13 | 0,50 | 13 | 7 | 3 | 1 | M | ||||
The calculation of the class according to the "bonus-malus" system assigned to the insured (insured) is made annually in the manner prescribed by the regulatory legal act of the authorized body.
11. The basis for the application by the insurer of coefficients according to the "bonus-malus" system is an insurance report containing information about the class assigned to the insured (insured person), received by the insurer from the database.
If there is no information about the insured (insured) in the database, the insurer, when concluding a contract of compulsory liability insurance of vehicle owners on new term applies a reduction factor according to the table given in paragraph 10 of this article, when the insurant provides the original of the previous contract of compulsory liability insurance of vehicle owners.
The insurer is obliged not later than three working days from the date of conclusion of the contract of compulsory liability insurance of vehicle owners to notify the organization that forms and maintains the database and the authorized body about this.
12. When concluding a contract of compulsory liability insurance of vehicle owners for the first time, the policyholder is assigned class 3.
13. The coefficients provided for in paragraph 10 of this article do not apply to individuals whose civil liability has arisen in the cases provided for in paragraphs 5 of articles and this Law, and legal entities.
14. When concluding a contract of compulsory liability insurance of vehicle owners for a period of less than twelve months, with the exception of cases of temporary entry into the territory of the Republic of Kazakhstan, the amount of insurance premiums per vehicle unit is calculated according to the following formula:
SP = GSP * n/N, where:
SP - the amount of the insurance premium under the contract of compulsory liability insurance of vehicle owners, concluded for a period of less than twelve months (in tenge);
GSP - the size of the annual insurance premium (in tenge);
n - the term for concluding a contract of compulsory liability insurance of vehicle owners (in days);
N - 365 days (in a leap year 366 days).
In case of temporary entry into the territory of the Republic of Kazakhstan, the amount of the insurance premium per vehicle unit is calculated according to the following formula:
SP \u003d GSP * K, where:
SP - the amount of the insurance premium under the contract of compulsory liability insurance of vehicle owners, concluded for a period of less than twelve months (in tenge), in case of temporary entry into the territory of the Republic of Kazakhstan;
K - correction factor depending on the period of stay in the territory of the Republic of Kazakhstan, specified in paragraph 14-1 of this article.
14-1. When concluding an agreement on compulsory liability insurance of vehicle owners for the period of temporary entry into the territory of the Republic of Kazakhstan, the following coefficients are established:
| N p / p | The term of insurance in the implementation of compulsory insurance civil liability owners of vehicles registered in foreign states and temporarily used on the territory of the Republic of Kazakhstan | Coefficient |
| 1 | up to 15 days (inclusive) | 0,2 |
| 2 | from 16 days to 1 month | 0,3 |
| 3 | 2 months | 0,4 |
| 4 | 3 months | 0,5 |
| 5 | 4 months | 0,6 |
| 6 | 5 months | 0,65 |
| 7 | 6 months | 0,7 |
| 8 | 7 months | 0,8 |
| 9 | 8 months | 0,9 |
| 10 | 9 months | 0,95 |
| 11 | 10 months or more | 1 |
15. Under a complex contract, the insurance premium is paid for one unit of the vehicle, while the amount of the insurance premium is determined equal to the largest amount of the insurance premiums established for the vehicles specified in the insurance policy.
16. Under a standard contract, the insurance premium is calculated for each insured person and is payable by the policyholder in an amount equal to the largest amount of insurance premiums calculated for each insured person.
Article 20. Reducing the amount of insurance premiums
1. Owners of vehicles - participants in the Great Patriotic War and persons equated to them, disabled people of groups I and II, pensioners, when concluding a standard contract, pay insurance premiums in the amount of fifty percent of the insurance premium payable, calculated in accordance with Article of this Law.
If the vehicle is also operated by other owners who do not belong to the category of persons specified in part one of this paragraph, then the compulsory liability insurance of vehicle owners is carried out without providing such benefits.
Article 20-1. Additional services provided by the insurer
The insurer has the right, subject to the consent of the insured, to provide additional paid services related to the provision of assistance in the event of a traffic accident, including the provision of a vehicle to the insured (insured) for the period of repair of the damaged vehicle, the provision of services for the collection of documents necessary for the implementation of the insurance payment, departure to the place a transport accident of the representative of the insurer (accident commissioner) to assist the insured.
Article 21. Procedure for payment of insurance premiums
1. Unless otherwise provided by the contract of compulsory liability insurance of vehicle owners, the insurance premium shall be paid by the insured in a single payment.
2. The insurer has the right to provide for the payment of the insurance premium in installments in the contract of compulsory liability insurance of vehicle owners. In this case, the insurer shall be liable to the insured during the entire period of validity of the contract of compulsory liability insurance of vehicle owners. Non-payment by the insurer of the next insurance premium cannot be a basis for the insurer to terminate the contract of compulsory liability insurance of vehicle owners ahead of schedule.
3. In case of untimely payment of the next insurance premium, the insured is obliged to pay the insurer a penalty in the manner and amount established by the article of the Civil Code of the Republic of Kazakhstan.
Chapter 5
Article 22. Definition of an insured event and the amount of damage caused
1. An insured event is the fact of the onset of civil liability of the insured for compensation for harm caused to life, health and (or) property of persons recognized as victims as a result of the operation by the insured of the vehicle specified in the contract of compulsory liability insurance of vehicle owners.
2. The amount of harm caused to the life and health of the victim is determined in accordance with this Law on the basis of documents issued by the relevant organizations.
3. The assessment of the amount of damage caused to property is carried out by the insurer within ten working days on the basis of an application for determining the amount of damage in the form established by the regulatory legal act of the authorized body.
The determination of the amount of damage caused to the vehicle is carried out by the insurer in accordance with the regulatory legal act of the authorized body.
The beneficiary, whose property has been damaged, is obliged to keep this property in the same condition as it was after the traffic accident, until he or the insured (insured) submits an application for determining the amount of damage to the insurer, and also within ten working days from the date of submission of the said application provide an opportunity for the insurer to inspect the damaged property.
4. The insurer makes insurance payment in the amount of damage determined in accordance with the regulatory legal act of the National Bank of the Republic of Kazakhstan.
5. If the victim (beneficiary) disagrees with the result of the amount of damage determined by the insurer, the victim (beneficiary) has the right to challenge the amount of damage determined by the insurer in court.
The insurer is not entitled to withhold from the insurance payment due to the beneficiary, its own expenses related to determining the amount of damage.
The insurer is obliged, at the request of the insured, the injured (beneficiary), to submit any documents related to the consideration and resolution of the dispute regarding a certain amount of damage caused to property, within three working days from the date of receipt of the request.
6. Intentional creation of an insured event, as well as other fraudulent actions aimed at illegally obtaining insurance payments, entail liability in accordance with the Criminal Code of the Republic of Kazakhstan.
Article 22-1. Actions of persons in the event of a transport accident in the absence of victims who have been harmed to life, health
In the absence of victims who have suffered harm to life or health during the commission of a transport accident, its participants, if possible, must notify the insurers of the transport accident that has occurred.
Insurers have the right to send their representatives to the scene of a transport accident.
Participants in a transport accident, by mutual agreement in assessing the circumstances of the incident and the amount of damage to property, the estimated amount of which should not exceed fifty monthly calculation indices, have the right to independently draw up a diagram of the accident and, having signed it, arrive at the nearest post or subdivision of the internal affairs bodies for its registration .
The procedure for drawing up and standard forms of a transport accident scheme are established by the regulatory legal act of the Ministry of Internal Affairs of the Republic of Kazakhstan in agreement with the authorized body.
Article 23 [deleted]
Article 24. Limits of liability of the insurer
1. The maximum amount of liability of the insurer for one insured event (sum insured) is (in monthly calculation indices):
1) for harm caused to the life or health of each victim and entailed:
death - 1000;
disability determination:
I group - 800,
Group II - 600,
III group - 500;
"disabled child" - 500;
mutilation, injury or other damage to health without establishing disability - in the amount of the actual costs of outpatient and (or) inpatient treatment, but not more than 300;
2) for damage caused to the property of one victim - in the amount of the damage caused, but not more than 600;
3) for damage caused simultaneously to the property of two or more victims - in the amount of the damage caused, but not more than 600 for each victim. At the same time, the total amount of insurance payments to all victims cannot exceed 2,000. In the event that the amount of damage exceeds the maximum amount of liability of the insurer, the insurance payment to each victim is made in proportion to the degree of damage caused to his property.
2. Insurance payment for harm caused to the life and health of the victim, resulting in death or disability, is carried out in the amount of the maximum amount of liability of the insurer, established by paragraph 1 of this article.
3. To calculate the amount of the insurance payment, a monthly calculation indicator is used, established in accordance with the legislative act of the Republic of Kazakhstan, on the day the insurance payment is made.
4. Expenses incurred by the policyholder (insured person) in order to prevent or reduce losses shall be reimbursed by the insurer if such expenses were necessary or were incurred to fulfill the instructions of the insurer, even if the corresponding measures were unsuccessful.
Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and reimbursement of expenses should not exceed the insurance amount established by the contract of compulsory liability insurance of vehicle owners. If the expenses have arisen as a result of the execution by the policyholder of the instructions of the insurer, they are reimbursed in full, regardless of the sum insured.
These expenses are reimbursed by the insurer directly to the person who incurred them.
5. If the sum insured is insufficient to fully compensate for the harm caused, the insured shall compensate the victim for the difference between the sum insured and the actual amount of harm.
6. In the event of the death of the victim, the person who performed the burial of the victim shall be reimbursed by the insurer for the burial costs in the amount of one hundred monthly calculation indices.
Article 25. General conditions for making an insurance payment
1. The requirement for insurance payment to the insurer is presented by the insured (insured) or other person who is the beneficiary, in writing, indicating the place of residence, contact numbers of the beneficiary, bank details(if necessary), the procedure for receiving an insurance payment - in cash or by transfer to a bank account with the documents necessary for making an insurance payment.
2. The following documents shall be attached to the application for insurance payment:
1) an insurance policy (its duplicate) of a person whose civil liability has arisen as a result of causing harm to life, health and (or) property of the victim, in case of his absence, a copy of the insurance policy, or if one of the information on the specified insurance policy is available (name of the insurer , number, date of issue of the insurance policy) or about the insured (last name, first name, if available - patronymic of the insured, state registration number of the vehicle);
2) a document confirming the occurrence of an insured event and the amount of damage caused to the victims;
3) a copy of the certificate of health care organizations on the period of temporary disability of the victim in the event of a fact of causing harm to the life, health of the victim or a certificate from specialized institutions on the establishment of the disability of the victim - if it is established;
4) a notarized copy of the victim's death certificate;
4-1) a document confirming the right of the beneficiary to compensation for harm (copy);
4-2) an application for organizing an assessment in the case provided for in paragraph 3 of Article of this Law;
6) a copy of the identity card of the beneficiary (for an individual) or the original of the power of attorney issued to the representative of the legal entity;
7) documents confirming the expenses incurred by the policyholder (insured person) in order to prevent or reduce losses in the event of an insured event, if any;
The request by the insurer of additionally other documents from the insured (insured) or the victim is not allowed.
3. The insurer that accepted the documents is obliged to draw up a certificate in two copies indicating the full list of documents submitted by the applicant and the date of their acceptance.
One copy of the certificate is issued to the applicant, the second copy with the applicant's mark in its receipt remains with the insurer.
4. The beneficiary is the victim (in the event of his death - the person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for harm in connection with the death of the victim), as well as the insured (insured) or other person who compensated the victim (the person entitled to compensation for harm) caused harm within the scope of the insurer's liability established by this Law, and who has received the right to insurance payment.
When damage is caused to property, the owner of this property is recognized as the victim, and in the event of his death, the persons entitled to compensation for damage.
5. At the request of the victim, drawn up in writing, or a notarized power of attorney, the insurance payment may be made directly to the person who provided (renders) services to restore health and (or) property to him.
6. Insurance payment for harm caused to the life and health of the victim is carried out regardless of the amounts due to him (the persons entitled to compensation for harm) under other insurance contracts.
7. When making an insurance payment, the insurer shall not have the right to demand from the beneficiary the acceptance of conditions that restrict his right to claim against the insurer.
8. The insurer has the right to property or its remains in the event that he makes an insurance payment in the amount of the market value of this property on the day of the insured event.
Article 26
1. The insurance payment is made by the insurer within fifteen working days from the date of receipt by him of the documents provided for by the article of this Law.
2-1. In the event of damage to the property of several victims, the insurer is obliged to start the insurance payment within seven working days from the date of receipt of the documents of all the victims, but no later than 15 calendar days from the date of receipt of the documents from the victim who was the first to submit the documents to the insurer, regardless of the submission of documents by other insured persons.
3. If, as a result of the event that led to the occurrence of the insured event, the victim suffers a deterioration in health (disability or a higher disability group is established) or death, then the insurer, on the basis of the application received from the victim (beneficiary) and relevant documents, is obliged to recalculate the amount of insurance payment in the manner and amount established by this Law. In this case, when recalculating the amount of insurance payment, the previously paid amounts are taken into account.
4. In case of untimely implementation of the insurance payment, the insurer is obliged to pay the beneficiary a penalty in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.
Article 26-1. Direct Settlement
1. Upon the occurrence of an insured event, the victim or a person who, in accordance with the laws of the Republic of Kazakhstan, has the right to compensation for harm in connection with the death of the victim, in order to receive compensation for the harm caused, has the right to apply to the insurer with whom the victim has concluded an agreement on compulsory liability insurance of vehicle owners, provided the presence of an insurance policy by the person through whose fault the insured event occurred.
The victim, who is not the owner of the damaged property, shall apply to the insurer of the person through whose fault the insured event occurred, in the manner prescribed by this Law.
2. Compensation for the harm caused is made by the insurer within seven working days from the date of receipt of the documents provided for in subparagraphs 1), 2), 3), 4), 4-1) and 6) of paragraph 2 of Article of this Law.
Compensation for harm caused to the life, health and (or) property of the victim, carried out by the insurer as part of a direct settlement, is not for him the fulfillment of obligations under the contract of compulsory insurance of civil liability of vehicle owners concluded with the victim and insurance payment.
3. The insurance company of the person through whose fault the insured event occurred shall reimburse the amount actually paid to the insurer that settled the insured event.
Article 27. Insurance payment in case of harm caused by several persons
When a person is harmed by several vehicles, the owners of which have contracts of compulsory liability insurance of vehicle owners, the beneficiary has the right to receive an insurance payment separately for each of them. Each insurer makes an insurance payment within the scope of liability established by this Law and in proportion to the amount of liability of the insured. At the same time, the total amount of the insurance payment made by all insurers should not exceed the amount of real harm caused to the victim, and the maximum amount of liability provided for each insurer.
Article 28
1. An insurer that has made an insurance payment shall have the right to claim back against the insured (insured person) within the limits of the paid amount in cases where:
1) the civil liability of the policyholder (insured person) has arisen as a result of his intentional actions aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
2) the civil liability of the policyholder (insured person) has arisen as a result of driving a vehicle while under the influence of alcohol, drugs or substance abuse;
3) the person who was driving the vehicle at the time of the traffic accident did not have the right to drive it;
4) in the course of court proceedings it was established that the insured event occurred as a result of technical malfunctions of the vehicle, which the policyholder (insured person) knew or should have known about;
5) the vehicle is used for purposes other than its technical purpose;
6) the policyholder (insured person) deliberately failed to take measures to reduce losses from an insured event;
7) the person driving the vehicle has fled the scene of the traffic accident;
8) a person driving a vehicle and sent for an examination to establish the fact of the use of a psychoactive substance and the state of intoxication, without good reason, did not pass such an examination.
2. If in the cases listed in paragraph 1 of this article, the perpetrator of the harm caused is a person who operates the vehicle by virtue of labor relations with its owner or in the presence of its owner without a written transaction, the insurer has the right to demand a return claim against the owner of this vehicle facilities.
3. The insurer that has made the insurance payment shall, within the limits of the amount paid by him, transfer the right of a return claim, which the insured (insured person) has against the person responsible for the losses compensated by the insurer as a result of insurance. Moreover, if it is established that the insured event occurred due to road conditions caused by unsatisfactory service highways and structures on them, the right of claim that the owner of the vehicle has to the person guilty of creating such conditions passes to the insurer who made the insurance payment.
Article 29
1. The insurer has the right to fully or partially refuse the insurance payment if the insured event occurred as a result of:
1) intentional actions of the beneficiary aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and emergency;
2) the actions of the beneficiary, recognized in the manner prescribed by the legislative acts of the Republic of Kazakhstan, as intentional criminal or administrative offenses that are in a causal connection with the insured event.
2. The following may also serve as grounds for an insurer's refusal to make an insurance payment:
1) receipt by the beneficiary of the appropriate compensation for loss from the person guilty of causing the loss;
3) the use of a vehicle by the policyholder (insured person) in competitions, trials or when learning to drive in places specially designated for this purpose;
4) causing damage when loading or unloading a vehicle;
5) causing damage to the property of the victim in the form of money, valuable papers, gold, silverware, jewelry, jewelry, works of art or other valuables;
6) violation by the victim of the requirements of part three of paragraph 3 of Article of this Law.
3. If there are grounds for refusing to make an insurance payment, the insurer shall be obliged, within seven working days from the date of receipt of the application and all documents provided for in paragraph 2 of Article of this Law, to send the applicant an appropriate decision on the full or partial refusal of insurance payment in writing with a reasoned justification of the reasons for refusal.
5. The insurer shall be released from making the insurance payment if the insured event occurred as a result of:
1) the impact of a nuclear explosion, radiation or radioactive contamination;
2) military operations;
3) civil war, civil unrest of any kind, riots or strikes.
5-1. The insurance payment is not made for the damaged vehicle specified in the insurance policy.
6. The insurer is not entitled to refuse the insurance payment on the grounds not provided for by this article.
Chapter 6. Final Provisions
Article 30. Procedure for consideration of disputes
Disputes arising from the contract of compulsory liability insurance of vehicle owners are considered in the manner prescribed by the legislation of the Republic of Kazakhstan.
Article 30-1. Insurance ombudsman, his status and election
1. An insurance ombudsman is an individual who is independent in his activities and regulates the relationship:
1) between insurers arising on issues of compulsory liability insurance of vehicle owners;
2) between policyholders (beneficiaries) and insurers arising from contracts of compulsory liability insurance of vehicle owners.
2. The insurance ombudsman is elected by the council of representatives.
The Council of Representatives is formed by one representative from:
1) each insurer;
2) authorized body.
2-1. Competence of the Council of Representatives:
1) approve the structure and staff (office) of the insurance ombudsman;
2) the procedure for financing the activities of the insurance ombudsman;
3) other issues related to the activities of the insurance ombudsman, in accordance with this Law.
3. The authorized body recommends a candidate for election to the position of insurance ombudsman. The insurance ombudsman is elected by a majority vote of the council of representatives. Each member of the Council of Representatives shall have one vote when voting. In case of equality of votes, the vote of the representative of the authorized body is decisive.
4. The insurance ombudsman is elected for a term of two years.
The Council of Representatives has the right to prematurely terminate the powers of the insurance ombudsman.
Early termination of the powers of the insurance ombudsman on his initiative is carried out on the basis of a written notification of the council of representatives.
The powers of the insurance ombudsman are terminated from the moment of receipt of the said notification by the council of representatives.
Article 30-2. Requirements for an insurance ombudsman
1) does not have a higher education;
2) who has less than three years of work experience in the field of insurance;
3) having a conviction that has not been expunged or not expunged in accordance with the procedure established by law;
4) who was previously an executive employee of an insurance company or other legal entity for a period of not more than one year before the adoption by the authorized body of a decision on the conservation of the insurance company, the forced redemption of its shares, on the deprivation of the license of the insurance company, as well as on the forced liquidation of the insurance company or other legal entity or declaring them bankrupt in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
2. The insurance ombudsman is not entitled to hold any of the positions in insurance companies and (or) be an affiliate of insurance companies.
3. The Council of Representatives has the right to re-elect the insurance ombudsman in the event that the insurance ombudsman is found to be inconsistent with the requirements provided for by this article.
Article 30-3. Procedure for making decisions by the insurance ombudsman
1. The decision is made by the insurance ombudsman alone, which is brought to the attention of the parties participating in the dispute in writing.
When making decisions, the insurance ombudsman is guided by the legislation of the Republic of Kazakhstan.
2. The decision of the insurance ombudsman is subject to execution by the insurer.
3. If the insurer fails to comply with the decision of the insurance ombudsman within the period established by him, the insurance ombudsman is obliged to immediately, but not later than three working days, inform the authorized body about this, attaching documents confirming the fact of violation of the requirements of this Law and regulatory legal acts of the authorized body.
4. The decision of the insurance ombudsman for relations between insurers is mandatory.
5. The decision of the insurance ombudsman on the relationship between the policyholder (beneficiary) and the insurer is binding on the insurer if it is accepted by the policyholder (beneficiary).
In case of disagreement with the decision of the insurance ombudsman, the insured (beneficiary) has the right to apply for the protection of his right to the court in accordance with the legislation of the Republic of Kazakhstan. At the same time, the implementation of the decision of the insurance ombudsman for the insured (beneficiary) is not mandatory.
Article 30-4. Activities of the insurance ombudsman
1. The activities of the insurance ombudsman, including the procedure and terms for considering applications for resolving disputes and making decisions, are carried out on the basis of internal rules agreed with the authorized body and approved by the council of representatives.
2. For the purpose of proper performance of the assigned functions, the activity of the insurance ombudsman is financed by contributions from insurers. The insurance ombudsman, in agreement with the council of representatives, has the right to establish a structure and staff (office of the insurance ombudsman).
3. The insurance ombudsman is obliged to keep confidentiality of information obtained in the course of dispute resolution and not to disclose it to third parties.
The insurance ombudsman is responsible for disclosing information received in the course of exercising his functions, in accordance with the laws of the Republic of Kazakhstan.
4. Settlement of relationships in the cases provided for in paragraph 1 of Article 30-1 of this Law is carried out by the insurance ombudsman free of charge.
5. If the insurance ombudsman fails to comply with the requirements provided for in paragraphs 3 and 4 of this article, the council of representatives terminates his powers ahead of schedule.
Article 31. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory liability insurance of vehicle owners
Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance of the liability of vehicle owners shall be liable under the laws of the Republic of Kazakhstan.
Article 32. International systems of compulsory civil liability insurance of vehicle owners
In order to ensure compensation for harm to third parties caused by the owners of vehicles participating in cross-border movement, as well as to simplify the regime for the movement of vehicle owners across state borders, the participation of the Republic of Kazakhstan in international systems of compulsory insurance of civil liability of vehicle owners is allowed in the manner prescribed by the legislation of the Republic of Kazakhstan .
Is not responsible for any consequences of any application of the wording and provisions contained in these versions of the texts of regulatory legal acts, for the use of these versions of the texts of regulatory legal acts as a basis, or for any omissions in the texts of regulatory legal acts published here.
What kind of insurance is required?
You are required by law to have two types of insurance:
- OSGPO- compulsory insurance of civil liability of the car owner;
- OSMS- Compulsory social health insurance.
Compulsory insurance This is insurance that you must take out by law. It is needed to protect not only you, but also those around you under unforeseen circumstances. For example, the insurance that car enthusiasts buy every year protects the injured party in the event of an accident, and not just the insured person who caused the accident.
auto insurance
OSGPOshould not be confused with car insurance. In the case of OSGPO, civil liability is insured, and not the machine itself. This means that in the event of an accident Insurance Company pays for the repair of a car that was damaged by the owner of the insurance. If the insured person does not have the money to pay damages to a third party, the insurance company will do it for him. This type of insurance can also compensate for damage caused to the car of the culprit of the accident. It depends on the terms of the contract.
OSGPO will allow you to drive on the road with confidence, knowing that even if someone else's car gets into ice and it hits your car, the insurance company will compensate for the damage caused. The fact that every driver is required to have such insurance reduces the risk for all motorists.
Health insurance
OSMS- compulsory social health insurance was put into effect in Kazakhstan from July 1, 2017. This measure will help the insured to receive medical care one level. For this, a special fund has been created, which will receive contributions from the state, employers and employees. The state will make contributions for certain categories of citizens (including pensioners, disabled people, children and mothers with many children), employers - for their employees, employees - to pay part of the contribution for themselves, and self-employed citizens - to fully pay for themselves. By 2020, the annual contribution for compulsory health insurance will be 7% of income.
The introduction of a mandatory health insurance lead to the fact that people will begin to adhere to a healthy lifestyle and stop shifting the care of their health to someone else.
If you are a business owner:
You need to insure your liability to employees. If you have a potentially dangerous production or transport business, then you should have environmental and passenger liability insurance.
Liability insurance for damage to life and health of employees. This type of insurance gives employees a guarantee that if they are injured at work, they will be compensated. It gives you the opportunity to protect yourself from losses in such cases. The sum insured is set at a rate not less than the annual amount wages worker. That is, if an employee loses his ability to work, he receives a salary for at least a year.
Mandatory environmental insurance. This type of insurance is prescribed for enterprises that are potentially dangerous for environment and the local population. In the event of an accident, the sum insured paid to the affected individual entrepreneur will be at least 5,000 monthly calculation indices. The sum insured that will have to be paid to the legal entity that has suffered damage will be at least 65,000 MCI.
Carrier civil liability insurance to passengers. The main objective of this insurance is to protect the interests of passengers in the event that their lives, health or property are harmed during transportation. Carriers operating on rail, sea, inland waterway, air, road and urban electric transport are required to have it.
It is important to remember about insurance:
- Car owners are required to buy an OSGPO policy annually. This is necessary in order to protect the interests of the injured party and improve driving culture.
- All citizens, except for vulnerable groups of the population, must contribute to the Compulsory Social Health Insurance Fund. By 2020, the fund will receive 7% of the income of working Kazakhstanis.
- Organizations are required by law to purchase the following types of insurance: environmental, liability insurance for harm to the life and health of employees in the performance of their labor duties, as well as civil liability of the carrier to passengers.
For any personnel service an accident at work is a real headache. An accident is always associated with the risk of inspections by regulatory authorities and the labor inspectorate. Inspectors are forced to collect a huge amount of documents. And in conclusion, all this threatens with litigation.
Let's take an example. An accident occurred in an organization engaged in the manufacture of cabinet furniture. One of the workers was injured at work. Under an accident insurance contract for an employee in the performance of his labor (service) duties, the insurance company paid the injured employee an amount that fully covered the damage caused. Thus, the employer not only avoided unpleasant inspections by the competent authorities and litigation, but also did not incur unforeseen financial costs.
Why does an employer need to conclude insurance contracts?
On July 1, 2005, the Republic of Kazakhstan put into effect the Law "On Compulsory Insurance of the Employer's Civil Liability for Causing Harm to the Life and Health of an Employee in the Performance of Labor (Official) Duties" dated 07.02.05. No. 30-III. Then, the title was amended by the Law of December 30, 2009 No. 234-IV and today its name is the following - the Law of the Republic of Kazakhstan "On Compulsory Insurance of an Employee against Accidents in the Performance of Labor (Official) Duties".
In accordance with this Law, if the life and health of an employee is harmed as a result of an accident that led to the establishment of the degree of loss of professional capacity for work or his death, with or without the fault of the injured employee, the damage will be compensated.
Note: The amount of damage is determined in accordance with the requirements of the Civil Code of the Republic of Kazakhstan.
Also, the injured worker from an accident at work, and family members of the deceased as a result of an accident are entitled to compensation for non-pecuniary damage.
This type insurance allows you to avoid conflict situations that may arise between the employer and employees and protects the property interests of the employer associated with his obligation to compensate for harm caused to the life and health of employees injured at work. Also, an insurance contract helps to acquire an additional way of motivation to attract valuable employees who bring profit to the company.
Note A: This type of insurance is a mandatory type of insurance for all employers, with the exception of government agencies.
Purpose and principles of employee accident insurance
The purpose of compulsory insurance of an employee against an accident is to ensure the protection of the property interests of employees whose life and health have been harmed in the performance of their labor (service) duties, through the implementation of insurance payments.
The main principles of compulsory employee insurance against accidents are:
- ensuring the fulfillment by the parties of their obligations under the contract of compulsory insurance of the employee against accidents;
- economic interest of employers in improving labor safety.
Which categories of workers are covered by insurance
All categories of employees without exception are subject to this type of insurance. Just for each of them, a specific tariff is set for calculating the insurance payment.
Let's take a closer look at the categories of employees
- Administrative and managerial personnel (AMP) are employees of the management apparatus, employees who are part of the administration of the organization and perform the functions of managing the organization.
Example: Director, deputy director, chief accountant.
- Production personnel (PP) - workers directly employed in the production of main or by-products or services.
Example: locksmith.
- Auxiliary personnel (VP) - employees employed in servicing the main or secondary production and farms of organizations, providing conditions for conducting the main and secondary (non-main) activities. That is, those employees who do not belong to AUP and PP.
Example: driver, technical staff.
Do Freelance Workers Need Insurance?
There is no such thing as a "freelance worker" in labor law. If you mean by the definition of "freelancer" a person hired without the appropriate paperwork in accordance with the Labor Code of the Republic of Kazakhstan, then in any case, the employer is obliged to carry out the insurance procedure. Because, in the absence and (or) failure to properly draw up an employment contract through the fault of the employer, labor relations are considered to have arisen from the day the employee started work. (paragraph 3 of article 38 of the Labor Code). That is, even if the employee is not properly registered, he is still an employee of the organization, and, accordingly, is subject to compulsory insurance. Because all employees without exception are subject to insurance. Otherwise, the employer will be liable.
Do vacancies need to be insured?
Based on the meaning of the legislation, a specific employee, and not a position or vacancy, is subject to insurance, due to the fact that the legislation provides for precisely cases when harm has been caused to the life or health of an employee. It does not matter what position he holds. Accordingly, vacancies do not need to be insured.
Footnote. Heading as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV
Footnote. Throughout the text of the Law, the words "civil liability of the employer for causing harm to the life and health of an employee in the performance of his labor (service duties)", "responsibility of the employer" are replaced by the words "employee from accidents" by the Law of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV (shall be enforced from 09.08.2010).
This Law regulates social relations arising in the field of compulsory insurance of an employee against accidents, and establishes the legal, economic and organizational foundations for its implementation.
9) in case of untimely implementation of insurance payments provided for in paragraph 1 of Article 19 of this Law, pay the beneficiary a penalty in the amount of 1.5 percent of the unpaid amount for each day of delay.
An insurer licensed to carry out insurance activities in the life insurance industry under the annuity insurance class is obliged to conclude an annuity agreement in favor of an employee or a person entitled to compensation for harm in connection with the death of an employee in the cases provided for by this Law, within the limits of the insurance the amount established by the contract of compulsory insurance of the employee against an accident.
3. A contract of compulsory insurance of an employee against accidents may provide for other rights and obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (come into effect from 09.08.2010); from 02.07.2018 No. 166-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).2. Harm caused to the life and health of an employee includes a material expression of harm associated with his death or with the establishment of the degree of loss of his professional ability to work, with the exception of harm associated with temporary disability of the employee.
The amount of harm caused to the life and health of an employee is determined on the basis of documents submitted in accordance with this Law.
Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (For the order of implementation, see Art. 2).Article 27. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance of an employee against accidents
Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance of an employee against accidents shall bear responsibility established by the laws of the Republic of Kazakhstan.
Article 28. Procedure for the entry into force of this Law
Ministry of Education and Science of the Republic of Kazakhstan
Karaganda State University named after Buketov.
TEST
TOPIC: "Types of compulsory insurance in the Republic of Kazakhstan."
Completed by: Alena Ruchkina, Faculty of Economics, TUR-42.
Checked: Shpulina E.G.
2011
Content
- Doing
Brief overview of development insurance market Kazakhstan
Basic terms and concepts used in insurance
Classification and forms of insurance
Types of compulsory insurance
- Compulsory insurance of the employer's civil liability for causing harm to the life and health of an employee in the performance of his labor (official) duties
Compulsory insurance in crop production.
Mandatory social insurance.
Other types of compulsory insurance.
Legal regulation insurance business
Actions in the event of an insured event
1.
Introduction
A necessary condition for the normal development of the state is to ensure the security of society in the conditions of market relations. With the development of market relations, the state ceases to be responsible for compensation for damage to economic entities and citizens in the event of adverse events, natural disasters and catastrophes. Insurance is a tool that can compensate for losses and losses arising in the process of market relations.
Insurance is one of the risk management methods aimed at protecting the property interests of legal entities and individuals, ensuring the stability of development and the security of entrepreneurship. Insurance, contributing to the redistribution of risks, can improve the efficiency of the economy. Hence, the policy of developing the national insurance system is one of the strategic tasks in the field of creating market infrastructure.
World experience in the development of countries with a market economy indicates a close relationship between the social spending of society and the level of development of insurance.
At the initial stage of the formation of the sovereignty of the Republic of Kazakhstan, insurance was not in demand by society. Today, as market relations develop in the state, there are signs that insurance is becoming an integral part of economic relations.
Insurance in the Republic of Kazakhstan has been raised to a qualitatively new level, the state monopoly on insurance activities has been abolished and it has been defined as an entrepreneurial activity.
A further step in the development of the domestic insurance business in market conditions was the adoption of the Law of the Republic of Kazakhstan "On Insurance Activities" dated December 18, 2000 No. 126 - II, which regulates relations arising in the process of insuring property and other valuables.
In Kazakhstani society, the attitude towards insurance is steadily changing for the better. There is a growing understanding among the heads of economic entities that insurance is an important sector of the economy, which has a stabilizing effect on its development and entrepreneurial activity.
Is it really necessary for an enterprise to conclude an agreement with an insurance company?
What is the modern market of insurance services?
What types of compulsory insurance exist in Kazakhstan?
What should you pay attention to when choosing an insurance company?
What is the difference between the rules and the insurance contract?
2. Brief overview of the development of the insurance market in Kazakhstan
A significant step in the development of the insurance market of the republic was the transfer of functions and powers of the state body of insurance supervision to the National Bank of the Republic of Kazakhstan.
Since October 2000, the National Bank of the Republic of Kazakhstan, as an authorized body for the regulation and supervision of insurance activities, has been a full member of the International Association of Insurance Supervisors (IAIS).
The Republic of Kazakhstan stands out from all the CIS countries with a high level of development of the regulatory framework and state regulation of the insurance market, despite the fact that the collection of premiums and insurance payments in Kazakhstan is still lower than in some CIS neighbors. But this is the case when "less is better, but better." This provides a greater guarantee to policyholders of compensation for risk in the event of an insured event.
The participation of the state in solving the problems of the insurance market gives relevance to insurance and insurance activities, increases the degree of protection of the legitimate interests of policyholders. In recent years, financial discipline and accounting in insurance organizations have improved, as well as the list and level of insurance services provided.
The policy and strategy for the development of the insurance market of Kazakhstan, determined by the National Bank, consistently leads the insurance market to the norms and standards of the European Union, while maintaining constructive relations with insurance organizations of the CIS countries. The determining moment in the movement towards market relations is the transparency and legality of insurance operations, the correlation of the current insurance legislation of the Republic of Kazakhstan with the norms of the European Union and the World Trade Organization.
In a relatively short period of time, significant work has been done in Kazakhstan to create conditions for the development of the insurance industry:
· Improvement of the current legislative framework regulating the development of the insurance market.
· The National Bank of the Republic of Kazakhstan developed and implemented requirements and standards for insurance and (reinsurance) companies.
· Provided financial stability and solvency of insurance organizations.
· Availability of insurance services, transparency and legality of insurance operations have been ensured.
The positive moments of the last years of development of the Kazakhstani insurance market were:
- introduction of a legislative ban on combining life insurance operations with insurance other than life insurance in one insurance company. From the standpoint of the solvency of the insurance organization, this is an essential point, since the first provides for long-term investments of insurance reserves, the second is short-term;
- establishment of strict requirements for the authorized capital of insurance organizations in the Republic of Kazakhstan;
- compliance with certain qualification requirements of the head of the executive body of the insurer and his chief accountant;
- strict requirements for financial stability and good faith of the shareholders of the founders of insurance companies.
The insurance market of Kazakhstan can be called one of the most dynamically developing in the entire CIS. This was facilitated by the Program for the development of the insurance market of the republic for 2004-2006.
3. Basic terms and concepts used in insurance
Insurance as a branch of practical activity is rich in its own specific terminology. With the help of insurance terminology, it becomes possible to conduct a conversation in the same language between the insurer and policyholders, understand the terms of insurance, determine the rights and obligations of the parties involved, and maintain business relations between partners.
Insurance contract - an agreement (legal transaction) between the insurer and the insured, regulating their mutual obligations in accordance with the terms of this type of insurance.
The insurer's liability limit is the sum insured ( insurance cover), fixed in the contract or insurance policy, which the insurer undertakes to pay upon the occurrence of an insured event.
Insurance limit - the maximum amount of money for which material assets and insurance liability can be insured.
Licensing of insurance operations is the issuance of licenses (permits) to insurance organizations for the right to conduct certain types of insurance.
The object of insurance is any interest of the insured that does not contradict the legislation of the Republic of Kazakhstan.
Reinsurance is a system of economic relations of secondary insurance in which the insurer (assignor) transfers part of its liability for the object of insurance (cessionaire) in order to create a balanced insurance portfolio.
Insurance portfolio - the number of concluded and paid contracts.
Insurance reserves - funds formed by insurance organizations to ensure the guarantees of payment of sums insured and insurance indemnities, estimated on the basis of actuarial calculations.
Insurance risk is a probabilistic event or set of events against which occurrence insurance is provided.
Insurer - (insurance company) a legal entity carrying out activities for the conclusion and execution of insurance contracts on the basis of a license from the authorized body.
Policyholder - (policy holder) is a legal or natural person who has entered into an insurance contract, pays insurance premiums (contributions) and enters into specific insurance relations with the insurer.
Insurance agent - an individual or legal entity engaged in intermediary activities for the conclusion of insurance contracts on behalf and on behalf of an insurance company.
An insurance broker is a legal entity that carries out consulting activities on insurance, reinsurance and intermediary activities for the conclusion of insurance contracts on its own behalf and on behalf of the insured or reinsurance contracts on its own behalf and on behalf of the assignor.
insurance premium- the amount of money that the insured is obliged to pay to the insurer for the latter's acceptance of obligations to make an insurance payment to the insured (beneficiary) in the amount specified by the insurance or annuity agreement.
Insurance payment - the amount of money paid by the insurer to the insured within the sum insured upon the occurrence of an insured event.
An insured event is an event that has signs of probability and randomness of its occurrence, provided for by the insurance contract, upon the occurrence of which the insurer's obligation to make an insurance payment arises.
The tariff rate is the price of insurance risk. It is expressed in absolute monetary units or percentages.
4. Classification and forms of insurance
Classification is understood as a hierarchical system of interconnected links (elements) that allows you to create a coherent picture of a single whole with the allocation of its aggregate parts.
The purpose of the classification of insurance is to divide the entire set of insurance relations into hierarchically interconnected links. The classification of insurance is based on two criteria:
Differences in insurance objects
Differences in the amount of insurance liability
The first criterion is universal, the second covers only property insurance. The basic principle of insurance classification is that each subsequent link is a part of the previous one.
In Kazakhstan, a clear classification of insurance services has been created, distinguishing sectors, classes and types. Licenses for the right to carry out insurance activities are issued by insurance classes by industry:
1. Life insurance industry
2. Industry " General insurance»
The Life Insurance industry includes the following classes in the voluntary form of insurance:
* Life insurance
* Annuity insurance
The branch "General insurance" includes the following classes in the voluntary form of insurance:
* Accident and illness insurance
* Insurance road transport
* Air transport insurance
* Cargo insurance
* Business risk insurance
* Civil liability insurance under the contract
* Insurance of other types of risk (Article 6 of the Law of the Republic of Kazakhstan "On Insurance Activities" provides for 16 classes of insurance in this industry).
In accordance with the legislation of the Republic of Kazakhstan, the following forms of insurance can be distinguished:
By degree of obligation: voluntary and mandatory
By object of insurance: personal and property
On the grounds for making insurance payments: funded and non-funded
The combination of compulsory and voluntary insurance makes it possible to form an insurance system that provides a universal scope of insurance protection, the interests of legal entities and individuals.
Voluntary insurance unlike mandatory, it arises only on the basis of the will of the insured and the insurer. All terms of the contract can be agreed upon by the parties, but within the framework of the insurance rules and current legislation.
5. Types of compulsory insurance
Mandatory insurance is provided by law. Each type of compulsory insurance is a separate class of insurance. The content of each class in the compulsory form of insurance and additional requirements for the conditions of its implementation are established by the legislative act regulating this class of insurance.
Types, conditions and procedure for conducting compulsory insurance are determined by the laws of the Republic of Kazakhstan.
The initiator of compulsory insurance in Kazakhstan is the state, which, in the form of a law, obliges legal entities and individuals to conclude an insurance contract.
By order of the Prime Minister of the Republic of Kazakhstan dated 21.03. 2003 No. 38-r, the optimal list of types of compulsory insurance was approved:
1. "On Compulsory Insurance of the Employer's Civil Liability for Causing Harm to the Life and Health of an Employee in the Performance of Labor (Official) Duties". Law of the Republic of Kazakhstan dated February 7, 2005, No. 30-III (came into force on July 1, 2005)
2. "On compulsory insurance in crop production." Law of the Republic of Kazakhstan dated March 10, 2004, No. 553-II
3. "On Compulsory Environmental Insurance". Law of the Republic of Kazakhstan dated 13.12. 2005, No. 93-III (entered into force on 01.01.2006)
4. "On Compulsory Social Insurance". Law of the Republic of Kazakhstan dated April 25, 2003, No. 405-II (entered into force on January 1, 2005)
5. "On Compulsory Insurance of Civil Liability of Vehicle Owners". Law of the Republic of Kazakhstan dated July 1, 2003, No. 446-II
6. "On Compulsory Insurance of the Carrier's Civil Liability to Passengers" Law of the Republic of Kazakhstan dated 01.07.2003, No. 444-II
7. "On Compulsory Insurance of Civil Liability of Auditors and Audit Organizations". Law of the Republic of Kazakhstan dated June 13, 2003, No. 440-II
8. "On Compulsory Insurance of Civil Liability of Private Notaries". Law of the Republic of Kazakhstan dated 11.06.2003, No. 435-II
9. "On compulsory insurance of civil liability of the tour operator and travel agent". Law of the Republic of Kazakhstan dated December 31, 2003, No. 513-II
10. "On compulsory insurance of civil liability of owners of facilities whose activities are associated with the risk of causing harm to third parties." Law of the Republic of Kazakhstan dated July 7, 2004, No. 580-II
Evasion from concluding a compulsory insurance contract in accordance with the legislation of the Republic of Kazakhstan entails a fine:
for citizens in the amount of up to 10 MCI,
· individual entrepreneurs, private notaries and officials in the amount of up to 100 MCI,
legal entities in the amount of 1000 MCI
Compulsory insurance is carried out on the basis of relevant legislative acts, which provide for a list of objects to be insured, the amount of the insured amount, the amount of insurance payment, the procedure for setting tariff rates, the main rights and obligations of the parties involved in insurance and other binding provisions.
Each type of compulsory insurance is a separate class of insurance.
Let's take a closer look at the types of compulsory insurance that all business entities face.
5.1. Compulsory insurance of the employer's civil liability for causing harm to the life and health of an employee in the performance of his labor (official) duties
The adoption of the law is due to the need to build a three-level system of social protection of the population. The law prescribes the regulation of social relations arising in the field of compulsory insurance of the employer's civil liability for causing harm to the life and health of an employee in the performance of his labor (service) duties and establishes the legal, economic and organizational foundations for its implementation.
The object of compulsory insurance is the liability of the employer for obligations arising as a result of causing harm to the life or health of the employee in the performance of their labor (service) duties, through the implementation of insurance payments.
Organizations of all forms of ownership that bear material responsibility for damage caused to health associated with the performance of labor relations by them must insure their liability.
The harm caused to the life and health of a citizen (employee) in the performance of labor (service) duties is compensated in the manner prescribed by Art. 936-946 of the Civil Code of the Republic of Kazakhstan, the Labor Law and the insurance contract.
The degree of disability, determining the causes, timing, time of onset of disability, establishing the disability group, the need for additional types of assistance is carried out by conducting a medical and social examination of state territorial bodies of social protection of the population.
The employer (insured) is obliged to conclude a contract of compulsory employer liability insurance with the insurer (See Appendix 1 - List of licensed insurance companies) in respect of newly hired employees within ten working days from the date the employee was actually admitted to work and pay an insurance premium in the amount of , the procedure and terms established by the contract of compulsory insurance. The contract is concluded for 12 months.
The insurance premium is determined on the basis of the insurance rate. Limits of insurance tariffs are differentiated depending on the class of professional risk and category of personnel and are determined by law. The law defines the following categories of personnel.
Production personnel
1 to 22
0.04 to 4.38
0.13 to 9.17
Administrative and management personnel
0,04
0,1
support staff
For all occupational risk classes
0,47
2,15
Kinds economic activity by class are established by the Government of the Republic of Kazakhstan.
The amount of the insurance premium. which the employer must pay to the insurance organization is determined by the insurer independently, but in an amount not exceeding and not less than that established by law.
The amount of the sum insured must not be less than the annual wage fund of all employees by categories of personnel.
The insurance payment upon the occurrence of an insured event is made in the amount of real harm, but not more than the sum insured.
This type of insurance is beneficial to the employer, since it shifts its obligations to pay damages to the insurance company.
5.2. Compulsory insurance in crop production.
The object of compulsory insurance in crop production is the property interests of the insured associated with partial or full compensation of the insured's monetary costs incurred by him in the process of production of crop products, as a result of the occurrence of an insured event.
Insured events under compulsory insurance in crop production include the death or damage to crop products as a result of adverse natural phenomena or their combination, as a result of which the insured incurred losses.
In accordance with the Law, the amount of the insurance premium for each type of crop production is established by the compulsory insurance contract, but cannot be more than the amount of the insurance rate established by law and multiplied by the appropriate sum insured.
The following maximum insurance rates have been established, calculated as a percentage of the sum insured by type of crop production, established by the compulsory insurance contract, taking into account state subsidies for insurance payments:
1 cereals (by groups of regions):
No. p / p
Name of areas
Insurance rate, in %
1
Akmola, Almaty, East Kazakhstan, Kostanay, North Kazakhstan
3.48
2
Karaganda, Kyzylorda, Pavlodar, South Kazakhstan
5.83
3
Aktobe, West Kazakhstan
9.15
2 oilseeds (throughout the republic) - 3.44%
3 sugar beets (throughout the republic) - 8.39%
4 cotton (throughout the country) - 1.33%
The payment of insurance premiums is attributed by the insured to the cost of the insured type of crop production, i.e. The sums of insurance premiums are deducted in tax accounting.
The insurance premium for compulsory insurance in crop production is paid by the insured to the insurer simultaneously or in installments in the manner and within the time limits determined by the compulsory insurance contract. In case of non-payment by the insured of the insurance premium on the terms of a lump-sum payment established in the compulsory insurance contract, the compulsory insurance contract shall be considered not concluded.
The amount of the sum insured is established by the contract, separately for each type of crop production and cannot be less than the standard cost per hectare, multiplied by the entire area that is subject to insurance. Cost standards per unit area by type of product for the current year are established by the Decree of the Government of the Republic of Kazakhstan dated May 17, 2006 No. 412.
Compulsory insurance contract for all types of crop production is concluded no later than 15 calendar days after the completion of sowing.
The size of the areas affected by adverse natural phenomena are established by the commission, which is obliged to create, at the request of the insured, the local executive body within three working days from the date of receipt of the application of the insured.
The volume of products harvested from areas affected by adverse natural phenomena is subject to mandatory assessment during harvesting.
Upon the occurrence of an insured event, the policyholder shall submit the following documents to the insurer:
a copy of the compulsory insurance contract;
· certificate of the body of the hydrometeorological service, confirming the fact of adverse natural phenomena;
an act of examination drawn up in accordance with the law;
· documents confirming the receipt of actual income, the list of which is established by the compulsory insurance contract, and in case of their absence - the report of the appraiser (independent expert) on the assessment of income.
The requirement by the insurer of other documents from the insured is not allowed.
In case of partial crop loss, the insurance payment is made not earlier than one month, but not later than five months from the date of completion of harvesting.
In the event of a complete loss of crops, the insurer is obliged to pay insurance payments in full within ten working days after the conclusion of the commission.
The state supports compulsory insurance in crop production by allocating budget funds to the authorized state body in the field of crop production for reimbursement of 50% of insurance payments to insurers for insurance amounts arising as a result of unfavorable natural and climatic conditions.
In 2006, 5 insurance companies received a license for the right to insurance in crop production, a list of which can be found in Appendix 2
5.3. Mandatory environmental insurance.
The object of compulsory environmental insurance is the property interest of a person carrying out environmentally hazardous types of economic and other activities associated with his obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for harm caused to life, health, property of third parties and (or) the environment as a result of its emergency pollution.
Compulsory environmental insurance is subject to the liability of the insured to compensate for damage caused by:
1. environment, and (or) restoration of the state of the environment to the state that preceded its deterioration.
2. life and health of citizens as a result of accidental pollution of the environment.
3. property of third parties belonging to them on the basis of the right of ownership, the right of economic management, the right of operational management and other legal grounds, as a result of accidental pollution of the environment.
The compulsory environmental insurance contract must be concluded within one month from the date of acquisition by the person of the right to use natural resources and/or the commencement of the environmentally hazardous type of activity. The term of the contract is one calendar year. A separate Agreement is concluded for each type of environmentally hazardous activity.
To conclude the Contract, a written application is submitted to the insurance company, indicating the following data:
1. On the state registration of the company.
2. On the availability of permission to carry out environmentally hazardous activities.
3. State ecological expertise, including assessment of the impact on the environment and public health.
4. Insurance environmental audit.
5. On the financial and economic situation and on all previous insurance contracts concluded by the company.
6. As well as other data established by the legislation on insurance.
To engage in environmentally hazardous activities, the interested person must obtain an appropriate license. In order to obtain a license, a person is obliged to present a compulsory environmental insurance contract or an insurer's guarantee of assuming responsibility for the obligatory environmental insurance of the person concerned. Failure to submit these documents by a person is the basis for refusal to issue a license by the authorized body.
5.4. Mandatory social insurance.
The Law regulates relations related to the creation of additional forms of social security for participants in the system of compulsory social insurance, depending on the occurrence of a case of social risk for the types of compulsory social insurance provided for by this Law.
Employees, with the exception of working pensioners, self-employed persons, including foreigners and stateless persons, permanently residing in the territory of the Republic of Kazakhstan and carrying out income-generating activities in the territory of the Republic of Kazakhstan are subject to compulsory social insurance.
The payer (employer or self-employed person who calculates and pays social contributions) has the right to a refund of erroneously paid amounts of social contributions. He is obliged to pay social contributions in a timely manner and in full and submit to tax authorities calculations on accrued and transferred social contributions.
Compulsory social insurance is divided into the following types: 1) in case of disability, 2) in case of loss of a breadwinner,
3) in case of job loss.
The state guarantees citizens the right to receive social benefits in case of occurrence of risk cases by types of compulsory social insurance on the terms established by the Law.
Decree of the Government of the Republic of Kazakhstan dated June 21, 2004 No. 683 (with amendments and additions dated December 31, 2004 No. 1149; May 31, 2005 No. 533; June 30, 2005 No. 662) approved the rules for calculating social contributions.
Social contributions payable to the State Social Insurance Fund for participants in the compulsory insurance system are established in the amount of:
from January 1, 2006 - 2% of the object of calculation of social contributions;
from January 1, 2007 - 3% of the object of calculation of social contributions.
For the employer, the object of social contributions is his expenses paid to the employee in the form of income for work performed, services rendered.
For self-employed persons who are subject to a special tax regime in accordance with tax legislation, the amount of social contributions paid by them in their favor is:
from January 1, 2006 - 2% of the minimum wage;
from January 1, 2007 - 3% of the minimum wage.
For individual entrepreneurs who do not apply special tax regimes, private notaries and lawyers, the object of calculating social contributions is their income. In this case, the monthly income is accepted for the calculation of social contributions in an amount not exceeding 10 times the minimum wage.
5.5. Other types of compulsory insurance
The mechanism of compulsory insurance, as the experience of countries with a market economy shows, is widely used by the state in order to ensure social stability and accelerate economic development.
This experience has been applied in Kazakhstan, where the scope of use of compulsory insurance has significantly expanded to solve the problems of protecting the property interests of citizens, legal entities and the state from natural, man-made, financial, economic and other risks. In order to resolve these and other problems of compulsory insurance, there are other types of insurance in Kazakhstan.
Compulsory insurance of civil liability of vehicle owners. The object of compulsory insurance of civil liability of vehicle owners is the property interest of the insured person, associated with his obligation, established by the Civil Code of the Republic of Kazakhstan, to compensate for harm caused to life and health and (or) property of third parties as a result of the operation of the vehicle as a source of increased danger through the implementation insurance payments.
Compulsory civil liability insurance of the carrier to passengers. The object of compulsory insurance of the carrier's civil liability to passengers is the carrier's property interest associated with its obligation, established by the Civil Code of the Republic of Kazakhstan, to compensate for damage caused to life, health and (or) property of passengers during their transportation through insurance payments.
Compulsory insurance of civil liability of auditors and audit organizations. The object of compulsory insurance of civil liability of auditors and audit organizations is the property interest of the auditor and audit organization associated with their obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for the damage caused to the audited entities during the audit.
Compulsory insurance of civil liability of private notaries. The object of compulsory insurance of civil liability of private notaries is the property interests of a private notary associated with his obligation to compensate for damage caused to third parties as a result of his notarial acts. In order to carry out notarial activities, a private notary is obliged to conclude a contract of compulsory liability insurance of a private notary.
Compulsory insurance of civil liability of the tour operator and travel agent. The object of insurance under this law is the property interest of the tour operator and travel agent associated with their obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for the damage caused to the property interests and (or) other interests of the tourist in the implementation of activities for the sale of a tourist product through the implementation of insurance payments.
Compulsory insurance of civil liability of owners of facilities whose activities are associated with the risk of causing harm to third parties. The object of this type of insurance is the property interest of the owner of the facility, associated with his obligation to compensate for the harm caused to life, health and (or) property of third parties as a result of an accident at the facility through the implementation of insurance payments.
6. Choosing an insurance company
Of decisive importance for the insured is the correct choice of the insurance company with which the insurance contract will be concluded. Accurate information about insurance companies in the country, about whether they have a license to carry out insurance activities can be obtained from the Agency of the Republic of Kazakhstan for Regulation and Supervision financial market and financial institutions (AFS). This information can be viewed on the website http://www.afn.kz/.
Insurance companies must submit licenses to carry out insurance activities, financial statements, they can additionally submit letters of recommendation from other insurers, information booklets about the insurance services provided, etc.
Before starting work with an insurance company, it is useful to make sure once again that the insurance company is registered with the justice authorities of the Republic of Kazakhstan and has a license to carry out activities in the class of insurance you are interested in.
Now in the market of insurance services there are many insurance companies and in these conditions it is not easy to choose the best company.
Confidence in compensation for losses can only be guaranteed by a reputable company that has established itself in the market for a number of years and has partners in risk reinsurance.
First, make sure once again whether the insurance company has a state license of the established form to carry out insurance activities for the class of insurance you are interested in. The license is issued by the Agency of the Republic of Kazakhstan for the regulation and supervision of the financial market and financial organizations.
Secondly, carefully read the balance sheet of the insurer. The financial statements of insurance companies are open information and are subject to publication in the mass media.
Thirdly, the criteria in choosing an insurance company should also be the size of the authorized capital and insurance reserves, the company's own funds, the structure and size of the insurance portfolio, as an indicator of customer confidence in the company.
The quality of customer service directly depends on the degree of development of the infrastructure of the insurance company - this is the number of sales offices and the territorial coverage of the network of branches.
An indicator of the solidity of an insurance company is the availability of specialized programs for small and medium-sized businesses. Usually the basis of such programs is a comprehensive analysis of the needs of enterprises in this segment and the maximum consideration of the identified needs in the development of the program.
The number of rules for different types of insurance licensed in the state authorized body indicates the breadth of the insurance company's ability to accept risks based on the specific needs of the enterprise.
7. Legal regulation of insurance activities
Insurance activity is a rather specific institution of civil legal relations. Historically, it has given rise to a number of special concepts and terms. Most of them are described in the Civil Code of the Republic of Kazakhstan, but in addition, these relations are regulated by many regulatory legal acts.
In accordance with the current law "On Insurance Activities", insurance is the activity of an insurance (reinsurance) company related to the conclusion and execution of an insurance contract, carried out on the basis of a license issued by an authorized state body in accordance with the requirements of the legislation of the Republic of Kazakhstan.
In accordance with the legislation of the Republic of Kazakhstan, an insurance contract must be concluded in writing. In some CIS countries, such as Russia, there is also a non-contractual insurance system.
The basis for concluding a compulsory insurance contract is the application of the insured.
An entrepreneur who decides to conclude an insurance contract must, in accordance with the requirements of the legislation of the Republic of Kazakhstan on the execution of insurance documents, pay attention to the following:
1. Insurance terminology
2. Insurance rules
3. Content of the insurance contract
4. The term for notifying the insurer of the insured event
5. Actions of the insured in the event of an insured event
6. Rights and obligations of the insurer and the policyholder
7. Limitation of liability of the insurer
8. Information provided at the conclusion of the contract
9. Duration of the insurance contract
10. Possibilities for early termination of the contract
11. General rules making payments
First of all, you should start by familiarizing yourself with insurance terms, or require a detailed explanation of the terms from a representative of the insurance company. This is the most essential moment to understand the details and intricacies of the insurance contract being concluded.
Before concluding an insurance contract, an entrepreneur should carefully study the standard conditions (rules) of insurance, which are developed by the insurer unilaterally. The insurer develops insurance rules in accordance with the requirements established by the authorized state body for each type of insurance.
Insurance rules are approved by the authorized body when issuing a license for a certain type of insurance.
The current legislation is quite rigid in the preparation of the above rules. Thus, the authorized state body has the right to refuse to issue a license to an insurance company if the submitted rules do not comply with the legislation of the Republic of Kazakhstan. Even in those cases. When changes are made to the rules, the insurance company is obliged to submit their drafts to the state authorities for approval.
In accordance with Article 825 of the Civil Code of the Republic of Kazakhstan, the above rules must contain the following conditions:
1. List of objects of insurance
2. The procedure for determining the sums insured
3. Insurance risks
4. Exclusion from insured events and limitation of insurance
5. Procedure for concluding an insurance contract
6. Rights and obligations of the parties
7. Actions of the insured in the event of an insured event
8. List of documents confirming the occurrence of an insured event
amount of losses
9. Procedure and conditions for making an insurance payment 10. Deadline for making a decision on payment or refusal of an insurance payment
11. Conditions for termination of the insurance contract
12. Procedure for resolving disputes
13. Insurance rates and their economic rationale.
Attention!
Based on the agreement of the parties
etc.................
