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Law on auto insurance of the Republic of Kazakhstan. Test work types of compulsory insurance in the Republic of Kazakhstan Deductions for health insurance for individual entrepreneurs

For any HR department, an industrial accident is a real headache. An accident is always associated with the risk of inspections by regulatory authorities and labor inspectors. Inspectors are forced to collect a huge number of documents. And in conclusion, all this also threatens legal proceedings.

Let's give an example. An accident occurred in an organization that manufactures cabinet furniture. One of the workers was injured at work. Under an agreement to insure an employee against an accident during the performance of his or her labor (official) duties Insurance Company paid the injured employee an amount fully covering the damage caused. Thus, the employer avoided not only unpleasant inspections by competent authorities and litigation, but also did not incur unexpected financial costs.

Why does an employer need to enter into insurance contracts?

On July 1, 2005, the Law “On compulsory insurance of civil liability of an employer for causing harm to the life and health of an employee during the performance of his labor (official) duties” dated 02/07/05 came into force in the Republic of Kazakhstan. No. 30-III. Then, the title was amended by Law No. 234-IV dated December 30, 2009, and today its name is as follows - the Law of the Republic of Kazakhstan “On compulsory insurance of an employee against accidents during the performance of his 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 ability or his death, in the presence or absence of fault of the injured employee, the damage will be compensated.

Note: The amount of harm is determined in accordance with the requirements of the Civil Code of the Republic of Kazakhstan.
Also, an injured worker from an industrial accident, and family members of someone who died as a result of an accident, have the right to compensation for moral 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 its obligation to compensate for harm caused to the life and health of employees injured at work. An insurance contract also helps to purchase additional method motivation to attract valuable employees who bring profit to the company.

Note: 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

Purpose compulsory insurance employee from an accident is to ensure the protection of the property interests of employees whose life and health were harmed during the performance of their labor (official) duties, through insurance payments.

The basic principles of compulsory employee accident insurance are:

  • ensuring that the parties fulfill their obligations under the contract of compulsory insurance of the employee against accidents;
  • economic interest of employers in improving occupational safety.

What categories of workers does insurance cover?

All categories of workers without exception are subject to this type of insurance. It’s just that each of them has its own specific tariff for calculating the insurance payment.

Let's take a closer look at the categories of employees
  • Administrative and management personnel (AUP) are employees of the management apparatus, employees who are part of the administration of the organization, and who carry out the functions of managing the organization.

Example: Director, deputy director, chief accountant.

  • Production personnel (PP) are workers directly involved in the production of main or by-products or services.

Example: locksmith.

  • Auxiliary personnel (AP) - employees engaged in servicing the main or secondary production and farms of organizations, providing conditions for conducting primary and secondary (non-main) activities. That is, those employees who do not belong to the AUP and PP.

Example: driver, technical staff.

Do freelance workers need insurance?

In labor law there is no such thing as a “freelance worker”. If by the definition of “freelance worker” you mean 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 due to the fault of the employer, the employment relationship is considered to have arisen from the day the employee began work. (clause 3 of article 38 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 held liable.

Do you need to insure vacant jobs?

Based on the meaning of the legislation, a specific employee is subject to insurance, and not a position or vacancy, due to the fact that the legislation provides specifically for cases where harm is caused to the life or health of an employee. It doesn’t matter what position he holds. Accordingly, there is no need to insure vacant vacancies.

Insurance

Insurance is a helping hand in difficult times.

Do you agree with this statement? There are skeptics who don't believe in insurance. The same skeptic, having an accident, or breaking an arm/leg while skiing, immediately remembers insurance: “If I were insured, they would pay for the damage, take me to the hospital, and treat me for free.” You have often heard these phrases, and sometimes you yourself have thought about it.
So what's stopping you from protecting yourself? Some people feel sorry for money: “I’ll insure myself, but nothing will happen and I’ll lose money.” And what is significant is that if you are not insured, you will definitely find yourself in an unpleasant situation.

Anecdote on the topic:- “Is this an insurance company? Can you insure your house over the phone?”
- “No, we cannot insure over the phone. We will send an insurance agent to you"
- “Just please, hurry up, otherwise the house is already burning down!”

Modern people understand the benefits and benefits of insurance. In Kazakhstan, the insurance sector is developing successfully and occupies key positions. This is facilitated by the Laws on Insurance and on Compulsory Types of Insurance.

Compulsory insurance

Compulsory insurance is a form of insurance in which the relationship between the policyholder and the insurer arises due to current legislation and do not require, as is the case in voluntary insurance, prior agreement of the parties

In Kazakhstan, the mandatory types of insurance are:

1. Civil liability of the car owner -

the most common type of insurance for vehicle owners

2. Civil liability of the carrier


3. Civil liability of the tour operator and travel agent


4. Civil liability of a notary


5. Compulsory insurance of the employee against accidents during work
their labor (official) duties


6. Mandatory environmental insurance


7. Civil liability of owners of dangerous objects

For these types of insurance, all tariffs, rules, risks and responsibilities of the parties
are defined by the relevant Laws and are the same for all insurance companies

Voluntary insurance

Voluntary insurance- insurance carried out by virtue of the will of the parties. The types, conditions and procedure for voluntary insurance are determined by agreement of the parties.

1. Property insurance

2. Civil liability

3. Cargo insurance


4. Health insurance ( health insurance) - a very popular type of insurance, which became widespread in Kazakhstan with the advent of foreign companies more than 20 years ago. The first insurance company that began to develop this type of insurance was and remains the INTERTICH insurance company, where I have been working for 15 years.

What is the difference between INTERTICH services? from other similar companies?

To ensure maximum quality medical services, the INTERTICH corporation has developed a system for organizing and monitoring treatment, which is implemented by the affiliated company Interteach Medical Assistance. The company provides all types medical care through a developed network of medical services. Interteach Medical Assistance has its own ambulances, medical centers, family doctors, inpatient wards and 24-hour dispatch services.

Why do you need medical insurance for traveling abroad?

An insurance policy will help you avoid unexpected expenses that may arise during your trip as a result of a sudden health disorder.

Moreover, the presence insurance policy- a requirement of the consulates of many countries when issuing a visa, be it a visitor, business or tourist.

Organizations can provide insurance coverage for their employees when traveling around Kazakhstan or abroad, as well as for visitors coming from other countries.

How does insurance coverage work?

Service around the world is provided through assistance companies that provide our clients with international telephone numbers and provide access to a Russian-speaking or English-speaking operator or operators speaking other languages.

In the event of an emergency, you will need to call the assistance company at the phone number specified in the policy, and the operators will organize all the necessary medical assistance.

What is indemnified under the insurance policy?

The insurance policy provides the insured person with protection against unforeseen expenses associated with the provision of emergency and emergency medical care abroad.

The following expenses are reimbursed under the insurance policy:

  • hospital treatment
  • ambulatory treatment
  • dental services
  • ambulance services
  • medical evacuation
  • repatriation

More detailed insurance conditions and restrictions are specified in the insurance policy.

5 . CASCO

6. Accident insurance


(with changes and additions as of 01/01/2019)

Law of the Republic of Kazakhstan dated July 1, 2003 No. 446-II
On compulsory insurance of civil liability of owners Vehicle

(Withchanges and additionsas of 01/01/2019)

On compulsory insurance of civil liability of vehicle owners

This Law regulates relations arising in the field of compulsory insurance of civil liability of vehicle owners, and establishes legal, financial and organizational foundations its implementation.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

1) excluded by the Law of the Republic of Kazakhstan dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication);

2) “bonus-malus” system - a system of discounts and allowances used in calculating the amount of the insurance premium payable under a compulsory insurance contract for civil liability of vehicle owners, by applying increasing or decreasing coefficients to the policyholder (insured), depending on availability or the absence of insured events due to his fault with the assignment of the appropriate class according to this system;

3) victim - a person whose life, health and (or) property was harmed as a result of the operation of a vehicle, the obligation to compensate for which, according to 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 entered into a contract of carriage with the carrier orally or in writing;

5) complex contract - a contract of compulsory insurance of civil liability of vehicle owners, concluded by an individual who is the owner of two or more vehicles specified in the insurance policy, and valid in relation to only one insured individual;

6) civil liability of the owner of a vehicle is the obligation of individuals and legal entities compensate for damage caused to the life, health and (or) property of third parties as a result of operating the vehicle as a source of increased danger;

7) operation of a vehicle - the use of a vehicle for movement on roads, as well as in adjacent territories equipped or adapted and used for the movement of vehicles;

8) owner of a vehicle - an individual or legal entity who owns a vehicle on 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 on the transfer of the vehicle, etc.);

9) transport accident - an incident that occurred during the operation of a 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 the insurance payment;

11) insured event - an event upon the occurrence of which the insurance contract provides for the implementation of insurance payment;

11-1) insurance ombudsman - an individual independent in his activities who resolves disagreements between participants insurance market in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

12) sum insured- the amount of money for which the insurance object is insured and which represents the maximum amount of liability of the insurer upon the occurrence of insured event;

13) insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the policyholder (beneficiary) in the amount determined by the insurance contract;

14) insurance payment - an amount of money paid by the insurer to the policyholder (beneficiary) within the limits of the insured amount 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 on the territory of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan, and is obliged, upon the occurrence of an insured event, to make an insurance payment to the insured or other person in whose favor the contract was concluded (beneficiary), within the limits the amount specified in the contract (sum insured);

16) insured - a person in respect of whom insurance is carried out;

17) policyholder - a person who has entered into an insurance agreement with the insurer. Unless otherwise provided by the insurance contract, the policyholder is at the same time 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 valid in relation to one or more insured persons;

19) direct settlement - a mechanism for settling an insured event, in which compensation for damage caused to the life, health and (or) property of the victim in a transport accident is carried out by the insurer, with whom the victim has entered into an agreement of compulsory insurance of civil liability of vehicle owners within the scope liability provided for by this Law.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); as amended by the laws of the Republic of Kazakhstan dated 07/05/2012 No. 30-V (shall be enforced upon the expiration of ten calendar days after its first official publication); dated 12/29/2014 No. 269-V (to come into effect from 01/01/2015); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

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 civil liability insurance of vehicle owners is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
  2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by this Law, then the rules of the international treaty apply.

Article 3. 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 damage caused to the life, health and (or) property of third parties persons as a result of operating a vehicle as a source of increased danger.

Article 4. Purpose and basic principles of compulsory liability insurance for vehicle owners

  1. The purpose of compulsory liability insurance for 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 insurance payments.
  2. The basic principles of compulsory liability insurance for vehicle owners are:

ensuring the protection of the property interests of victims in the scope and manner established by this Law;

operation of a vehicle subject to the conclusion by its owner of a compulsory liability insurance agreement for vehicle owners;

ensuring that the parties fulfill their obligations under the contract of compulsory liability insurance of vehicle owners;

economic interest of vehicle owners in improving safety traffic.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication).

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 under their own power from manufacturing, repair and trade organizations, customs control authorities to the place of registration, as well as deregistered by a division 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.

  1. The civil liability of the vehicle owner is subject to insurance for each unit of the vehicle he operates.

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.

  1. A contract of compulsory liability insurance for vehicle owners is not concluded in the event of entry into the territory of the Republic of Kazakhstan of a vehicle registered in another state, the owner of which has entered into a contract of liability insurance for vehicle owners, recognized by the Republic of Kazakhstan in accordance with the terms of an international treaty concluded between this state and the Republic of Kazakhstan .
  2. The contract of compulsory liability insurance of vehicle owners is not concluded by owners whose vehicles are not subject to state registration and registration (with the exception of trams and trolleybuses) in the divisions of the authorized body for ensuring road safety in accordance with the legislation of the Republic of Kazakhstan.
  3. The civil liability of a person driving a vehicle due to 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 expression of will without a written form, is not subject to compulsory insurance. transactions.

Footnote. Article 5 as amended by the laws of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); dated 04/17/2014 No. 195-V (shall be enforced six months after the date of its first official publication).

Chapter 2. Ensuring the functioning of the system
compulsory liability insurance
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 organizations is carried out by the National Bank of the Republic of Kazakhstan (hereinafter referred to as 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 contract of compulsory liability insurance for vehicle owners established by this Law is carried out by divisions of the authorized body for ensuring road safety when registering vehicles and exercising other powers in the field of monitoring compliance with traffic rules, and also 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 compulsory liability insurance agreement for vehicle owners, established by this Law, is carried out at automobile checkpoints across the State Border of the Republic of Kazakhstan, which coincides with the customs border of the Eurasian Economic Union, by state revenue authorities.

Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated January 31, 2006 No. 125; dated 20.02.2006 No. 128 (the order of enforcement see Art. 2); dated July 11, 2009 No. 185-IV (to come into effect from August 30, 2009); dated 01/06/2010 No. 238-IV (the order of enforcement see Art. 2); dated 06/30/2010 No. 297-IV (to come into effect from 07/01/2011); dated January 24, 2011 No. 399-IV (to come into effect from January 1, 2012); dated 07/05/2012 No. 30-V (shall be enforced upon expiration of ten calendar days after its first official publication); dated 04/17/2014 No. 195-V (shall be enforced six months after the date of its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 12/26/2017 No. 124-VI (to come into effect from 01/01/2018).

Article 7. Inadmissibility of operating a vehicle without concluding a contract of compulsory liability insurance for vehicle owners

  1. Operation of a vehicle in the event of failure to conclude a compulsory liability insurance agreement for vehicle owners is not permitted.
  2. Divisions of the authorized body for ensuring road safety and transport control authorities, when checking documents, are obliged to verify the fulfillment by vehicle owners of the obligation to conclude a compulsory liability insurance agreement for vehicle owners.

Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

Article 8. Features of compulsory liability insurance of vehicle owners

  1. A legal entity registered as an insurance organization, before receiving a license to carry out compulsory liability insurance of vehicle owners, is obliged to enter into a participation agreement with the Insurance Payments Guarantee Fund in the manner prescribed by the Law of the Republic of Kazakhstan “On the Insurance Payments Guarantee Fund.”
  2. Activities aimed at limiting or eliminating competition, providing or obtaining unjustified advantages in concluding compulsory liability insurance contracts for vehicle owners by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.
  3. Vehicle owners have the right to enter into liability insurance contracts for vehicle owners with insurers of other states, including electronic form, provided that this insurance provides insurance protection owners of vehicles only outside the Republic of Kazakhstan.

Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 8-1. Database

Footnote. Article 8-1 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 8-2. Information provided for the formation of the database and the deadline for its submission

Footnote. Article 8-2 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 8-3. Mandatory terms of the contract for the provision of information and (or) receipt of insurance reports

Footnote. Article 8-3 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 9. Information interaction

  1. The internal affairs bodies issue one copy each to the participants in the transport accident or their representatives, as well as to insurance organizations, the insurance ombudsman, at their request, documents confirming the occurrence of an insured event, as well as the case of harm to the life and health of the victim by a person who fled the scene of the transport accident, in including a copy of the traffic violation report with a diagram of the incident.
  2. Internal affairs bodies, prosecutors, courts, healthcare organizations, other government bodies and organizations that have information about a transport accident and its consequences are required to provide this information the insurer, the insurance ombudsman and the Insurance Payment Guarantee Fund upon their application.
  3. If it is impossible for the policyholder (insured), victims or their heirs to report the occurrence of a traffic accident, the divisions of the authorized body for ensuring road safety shall inform the relevant insurer about this traffic accident.

Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated April 17, 2014 No. 195-V (shall be enforced six months after the date of its first official publication); as amended by the laws of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Chapter 3. Compulsory insurance contract
liability of vehicle owners

Article 10. Contract of compulsory liability insurance of vehicle owners and the procedure for its conclusion

  1. Compulsory liability insurance for vehicle owners is carried out on the basis of an agreement concluded between the policyholder and the insurer in accordance with this Law.
  2. The contract of compulsory liability insurance of vehicle owners provides for the implementation of insurance payment for obligations arising from harm to the life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including loss of the marketable value of property, as well as compensation for penalties in connection with with violation by the victim of the terms of delivery of goods or production of work (provision of services), or his other obligations under contracts (agreements).
  3. A contract of compulsory liability insurance for 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 an insurer.

The insurer has no right to refuse the policyholder to enter into a contract of compulsory liability insurance for vehicle owners.

Under a contract of compulsory liability insurance of vehicle owners, the policyholder 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, manner and terms established by this Law.

  1. Compulsory liability insurance contracts for vehicle owners are divided into the following types:

1) standard;

2) complex.

  1. A contract of compulsory liability insurance for vehicle owners is concluded by issuing an insurance policy in electronic form by the insurer.

The basis for concluding a contract of compulsory liability insurance for vehicle owners is an application from the policyholder containing the data necessary for calculating the insurance premium and identifying the policyholder and the insured.

5-1. A contract of compulsory liability insurance for vehicle owners, at the request of the policyholder, can be concluded by means of a written application to the insurer or the exchange of information between the policyholder and the insurer in electronic form using the insurer’s Internet resource.

  1. 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.

Requirements for the content and execution of 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.

  1. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (to come into effect from 01/01/2019).
  2. If the insurer has entered into a contract of compulsory liability insurance of vehicle owners on conditions that worsen the position of the policyholder (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer bears obligations to the policyholder (insured) and the victim on the conditions established by this Law.
  3. Payment of the insurance premium under the contract of compulsory liability insurance of vehicle owners is made by an individual in a one-time payment.
  4. The conclusion of a contract of compulsory liability insurance of vehicle owners in the places of their mandatory technical inspection and registration departments of the authorized body for ensuring road safety is carried out only with the organization that carries out Financial services in the specified places, representing agency services of insurance companies.

Footnote. Article 10 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated January 24, 2011 No. 399-IV (to come into effect from January 1, 2012); dated 04/17/2014 No. 195-V (shall be enforced six months after the date of its first official publication); dated 04/09/2016 No. 499-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 07/02/2018 No. 166-VI (takes effect from 01/01/2019).

Article 11. Standard contract

  1. Under a standard contract, the civil liability of one or more vehicle owners can be insured.
  2. A standard contract is concluded for each unit of the vehicle in use.
  3. The insurance policy must contain information about the policyholder (insured, insured) and the vehicle being used.
  4. Under a standard contract, civil liability of the policyholder (insured) arising as a result of damage to third parties by the policyholder (insured) himself is considered insured, or in the event of:

2) driving a vehicle by a person on the basis of an employment or other contract with the policyholder (insured), drawn up in writing;

3) driving a vehicle by a person who has unlawfully taken possession of the vehicle, if responsibility for the damage caused is assigned to the policyholder (insured).

  1. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Footnote. Article 11 as amended by the laws of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 12. Complex agreement

  1. Under a comprehensive agreement, the civil liability of an individual who is the owner of two or more vehicles can be insured.
  2. A comprehensive contract is concluded for all vehicles in use.
  3. The insurance policy must contain information about the policyholder (insured) - an individual and the vehicles operated by him.
  4. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).
  5. Under a comprehensive agreement, the civil liability of the policyholder (insured) arising as a result of damage to third parties by the policyholder (insured) himself is considered insured, or in the event of:

1) driving a vehicle by a person entitled to drive it in the presence of the policyholder (insured);

2) driving a vehicle by a person who has unlawfully taken possession of the vehicle, if responsibility for the damage caused is assigned to the policyholder (insured).

  1. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Footnote. Article 12 as amended by the laws of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 12-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for vehicle owners in electronic form

  1. When concluding a contract of compulsory liability insurance for vehicle owners in electronic form, the insurer’s Internet resource is used to exchange electronic information resources between the policyholder (insured, beneficiary) and the insurer.

When submitting an application for concluding a contract of compulsory liability insurance for vehicle owners in electronic form, the policyholder is not required to use specialized software.

The list of Internet resources of insurance organizations used for concluding compulsory liability insurance contracts for vehicle owners in electronic form is posted on the Internet resource of the organization for the formation and maintenance of the database.

  1. The procedure for the exchange of electronic information resources between the policyholder (insured, beneficiary) and the insurer is established by a regulatory legal act of the authorized body.
  2. When concluding a contract of compulsory liability insurance of vehicle owners using the insurer’s Internet resource, the insurer is obliged to provide:

1) immediate sending to the policyholder of a notice of the conclusion of a compulsory liability insurance agreement for vehicle owners or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;

2) the ability for the policyholder to check information under the compulsory liability insurance contract for vehicle owners through the organization’s information system for creating and maintaining a database;

3) storage of the contract of compulsory liability insurance of vehicle owners in electronic form, providing round-the-clock access for the policyholder to the insurer’s Internet resource;

4) the opportunity for the policyholder (insured, beneficiary) to create and send to the insurer information in electronic form (applications, notifications and (or) other documents, information) necessary for:

changes in information, re-issuance of a compulsory liability insurance contract for vehicle owners;

early termination of the contract of compulsory liability insurance of vehicle owners;

notifications about the occurrence of an insured event;

assessing the amount of harm caused;

receiving insurance payment.

Notification of the conclusion of a compulsory liability insurance agreement for vehicle owners is sent from the organization for the formation and maintenance of the database.

Requirements for the procedure and content of the notice of concluding a contract of compulsory liability insurance for vehicle owners are determined by the authorized body.

  1. When concluding a contract of compulsory liability insurance of vehicle owners using the insurer’s Internet resource, this insurance contract is considered concluded by the policyholder on the terms proposed by the insurer from the date the policyholder pays the insurance premium (the first insurance premium in case of payment of the insurance premium in installments), unless otherwise provided by the contract of compulsory liability insurance of vehicle owners.
  2. When concluding a contract of compulsory liability insurance for vehicle owners using the insurer’s Internet resource, the policyholder pays the insurance premium (the first insurance premium in the case of paying the insurance premium in installments) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to enter into this contract of accession on the terms offered to him.
  3. The insurer provides the opportunity to conclude compulsory liability insurance contracts for vehicle owners using the insurer’s Internet resource around the clock.
  4. The activities of insurance agents in concluding compulsory liability insurance contracts for vehicle owners using information systems insurance organizations intended for concluding insurance contracts in electronic form through information interaction between the policyholder and the insurer.

Footnote. Chapter 3 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

Article 13. Validity of the contract of compulsory liability insurance of vehicle owners

  1. The contract of compulsory liability insurance of vehicle owners is valid for all persons recognized as victims in accordance with this Law, including those in the vehicle of the policyholder (insured) who is guilty of causing harm, with the exception of:

1) a person driving this vehicle due to the performance of official or labor duties with the policyholder (insured), including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the policyholder (insured) on the basis of his expression of will without a written form transactions;

2) passengers, if the policyholder (insured) is a carrier subject to the requirements of the legislative act of the Republic of Kazakhstan regulating the compulsory insurance of civil liability of the carrier to passengers;

RCPI note!
Changes in paragraphs. 3) come into force on 09.08.2010 (see Article 2 of the Law of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV).

3) employees of the policyholder (insured), if legislative acts of the Republic of Kazakhstan, the policyholder (insured), as an employer, is entrusted with the obligation to insure the employee against accidents during the performance of his labor (official) duties.

  1. The contract of compulsory liability insurance of vehicle owners comes into force and becomes binding on the parties from the date established by the contract of compulsory liability insurance of vehicle owners.
  2. 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.

A contract of compulsory liability insurance for 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 date of state registration (re-registration) of this vehicle in the divisions of the authorized body for ensuring road safety.

  1. It is allowed to conclude a contract of 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 (policyholders) of a compulsorily 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 5 of this Law for the period preceding the state registration of the vehicle, but not less than five calendar days;

4) in the 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.

  1. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).
  2. The validity of the compulsory liability insurance agreement for vehicle owners is limited to the territory of the Republic of Kazakhstan, unless otherwise provided by an international treaty concluded by the Republic of Kazakhstan.

Footnote. Article 13 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated 04/17/2014 No. 195-V (shall be enforced six months after the date of its first official publication).

Article 14. Termination of the contract of compulsory liability insurance of vehicle owners

  1. The contract of compulsory liability insurance of vehicle owners is considered terminated in the following cases:

1) expiration of the contract;

2) early termination of the contract;

3) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

  1. When making an insurance payment, the insurer within one business day informs the policyholder and the organization for the formation and maintenance of the database about the termination of the compulsory liability insurance agreement for vehicle owners. In this case, the owner of the vehicle (if it is not 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 carry out this class (type) of compulsory insurance.

Footnote. Article 14 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 15. Early termination of the contract of compulsory liability insurance of vehicle owners

  1. The contract of compulsory liability insurance of vehicle owners is terminated early in cases established by the Civil Code of the Republic of Kazakhstan.
  2. For early termination of a contract of compulsory liability insurance of vehicle owners, the policyholder (in the event of the death of the policyholder, his heir(s)) submits a written application to the insurer.
  3. In case of early termination of a compulsory owner liability insurance contract and the conclusion of a new compulsory vehicle owner liability insurance contract with the same insurer, the insurer has the right to withhold 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 elapsed from the entry into force of the compulsory liability insurance contract for vehicle owners until its early termination (in days), including the day of application;

N is the term for concluding a contract of compulsory liability insurance for vehicle owners (in days).

  1. If the conditions provided for in paragraph 3 of this article are not met, the insurer has the right to withhold part of the insurance premium upon early termination of the compulsory liability insurance contract for vehicle owners in the following amounts:
№ Period elapsed since entry

by virtue of a binding contract

owners liability insurance

vehicles until it is

early termination

 Insurance amount

premium held

insurer (in

percent 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

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 16. Rights and obligations of the policyholder

  1. The policyholder has the right:

1) demand from the insurer an explanation of the conditions 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 single base insurance data (hereinafter referred to as the database) information about the presence in the database of information about the compulsory insurance agreement for vehicle owners' liability, concluded by the policyholder with the insurer, whose responsibilities include entering information on it into the database. This right also applies to the insured;

2) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (to come into effect from 01/01/2019);
3) excluded by the Law of the Republic of Kazakhstan dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication);

4) get acquainted with the results of determining the amount of damage caused by the insurer, and the insurance payment made by the insurer;

5) terminate the contract of compulsory liability insurance of vehicle owners early;

6) send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including its branch or representative office);

7) receive insurance payment in 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.

  1. 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(s), double insurance, seasonal operation of the vehicle, temporary entry into the territory of the Republic of Kazakhstan and the right to reduce the amount of the insurance premium in the manner prescribed by this Law, necessary for inclusion in the application and copies necessary documents confirming the information specified in the application;

2) pay insurance premiums in the amount, procedure and terms established by the compulsory liability insurance agreement for vehicle owners;

3) immediately, but no later than three working days, as soon as he became aware of the occurrence of a traffic accident and insured event, notify the insurer with whom the contract of compulsory liability insurance of vehicle owners was concluded, in an accessible way(orally, in writing). A verbal 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 responsibility for informing the insurer about the occurrence of an insured event rests with the insured. If the policyholder (insured) for good reasons was not able to perform the specified actions, he must document this;

4) when a traffic accident occurs, inform the victims and employees of the authorized body for ensuring road safety the name and location of the insurer with whom the compulsory liability insurance agreement for vehicle owners was concluded;

5) when a transport accident occurs, take reasonable and available measures under 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 (divisions of the authorized body for ensuring road safety, state fire service authorities, emergency medical services, emergency services) about the traffic accident and injured persons;

6-1) when a transport accident occurs, immediately, but no later than two hours after receiving a written direction from an authorized official, undergo a medical examination to establish the fact of use of a psychoactive substance and 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, notify the injured party about the occurrence of an insured event;

8) ensure the transfer to the insurer of the right of recourse to 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.

  1. The responsibilities of the policyholder specified in subparagraphs 4), 5) and 6) of paragraph 2 of this article are assigned to the person directly driving the vehicle at the time of the traffic accident.

Footnote. Article 16 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated May 26, 2008 No. 34-IV (the order of enforcement see Art. 2); dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated July 15, 2010 No. 338-IV (to come into effect from January 1, 2011); dated 04/17/2014 No. 195-V (shall be enforced six months after the date of its first official publication); dated 07/02/2018 No. 166-VI (the order of enforcement see Art. 2); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

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 insurer to provide information necessary to include in the contract of compulsory liability insurance of vehicle owners in accordance with this Law, including information about previous contracts of compulsory liability insurance of vehicle owners, insurance cases and insurance payments;

2) request from the relevant government agencies 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;

4) (excluded - dated 05/07/2007 No. 244);

5) present the right of recourse to the person responsible for causing harm in the cases provided for in Article 28 of this Law;

6) refuse to make insurance payments, as well as compensation for damage caused in the manner provided for in Article 26-1 of this Law, in whole or in part on the grounds provided for in Article 29 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.

  1. The insurer is obliged:

1) familiarize the policyholder (insured) with the terms of compulsory liability insurance of vehicle owners, including the rights and obligations of the parties arising from the contract of compulsory liability insurance of vehicle owners;

2) upon conclusion of a contract of compulsory liability insurance of vehicle owners, issue an insurance policy to the policyholder (insured);

3) excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2);

4) provide benefits for the payment of insurance premiums to the persons specified in part one of paragraph 1 of Article 20 of this Law;

5) upon receiving a report of a transport 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, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim, provide in writing information on the conclusion of a compulsory liability insurance agreement for vehicle owners (last name, first name, patronymic (if it is indicated in the identity document) of the policyholder, state registration number of the vehicle, number and date of conclusion) by the policyholder who is at fault for the transport accident, in the presence of a document confirming the insured event;

6) within the time frame and procedure established by this Law, upon an application to determine the amount of damage caused to property, the policyholder (insured) or the victim (beneficiary) or their representatives, calculate the amount of damage caused to property and submit a report on the amount of damage for review beneficiary;

6-1) if there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, within three working days from the date of receipt, inform the applicant about this, indicating the full list of missing and (or) incorrectly executed 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 request for compensation for damage caused in the manner prescribed by Article 26-1 of this Law, make compensation for the damage caused in the amount, procedure and time frame established by this Law;

7-2) upon receipt of an application from the insured (victim, beneficiary), consider the requirements of the insured (victim, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

7-3) upon receipt from the insured (victim, beneficiary) of an application sent to the insurance ombudsman, redirect this statement, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

8) reimburse the policyholder (insured) for expenses incurred 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.

Footnote. Article 17 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

Article 18. Rights of the victim

  1. The victim has the right:

1) inform the insurer about a transport accident, as a result of which the policyholder (the insured) caused harm to him;

2) instead of the policyholder (insured), collect the documents necessary to make the insurance payment and submit them to the insurer;

3) excluded by the Law of the Republic of Kazakhstan dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication);

3-1) use the services of any medical institution;

4) get acquainted with the results of the determination of the amount of damage caused and the insurance payment made by the insurer;

4-1) apply in writing to the insurer of the person guilty of causing harm to the life, health and (or) property of the victim to confirm information about the existence of a compulsory liability insurance agreement for vehicle owners (last name, first name, patronymic (if it is indicated in the document certifying identity) of the policyholder, state registration number of the vehicle, number and date of conclusion) of of this person in the manner provided for in subparagraph 5-1) of Article 17 of this Law;

4-2) apply in writing to the organization for the formation and maintenance of the database to provide information on the presence or absence of a compulsory liability insurance contract for vehicle owners (last name, first name, patronymic (if indicated in the identification document) of the insured, state registration number of the vehicle funds, number and date of conclusion) from the person guilty of causing harm to the life, health and (or) property of the victim, in the presence of a document confirming the insured event;

5) receive insurance payment, as well as compensation for damage caused in the manner prescribed by Article 26-1 of this Law;

5-1) contact the insurer, taking into account the specifics provided for in Article 29-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory liability insurance agreement for vehicle owners;

6) send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including its Internet resource, or through the insurer, its branch, representative office);

7) submit a claim for compensation for damage caused to the owner of the vehicle in the amount of excess of the amount of damage caused over the amount of the insurance payment received.

  1. In cases provided for by this Law, the rights of the victim established by paragraph 1 of this article are transferred to other persons acting as beneficiaries.

Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

Article 18-1. Rules for accreditation of an independent expert

Footnote. Article 18-1 is excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

Chapter 4. Insurance premiums

Article 19. Amount of insurance premium

  1. To calculate the annual insurance premium payable upon concluding 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 policyholder (insured), the service life of the 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 amount of the insurance premium on other grounds not provided for by this Law is not permitted.

  1. The basic insurance premium is set at 1.9 monthly calculation index.
  2. The coefficients for the territory of registration of the vehicle are set in the following amounts:
No. 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. Turkestan 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
17. Shymkent 1,01
  1. For other cities and towns in the regions specified in paragraph 3 of this article, an additional correction factor of 0.8 is used to calculate the annual insurance premium.
  2. In case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan, a coefficient for the registration territory of 4.4 is applied.

In the cases provided for in subparagraph 3) of paragraph 1 of Article 5 of this Law, the coefficients for the territory of registration of the vehicle do not apply.

  1. The coefficients for the type of vehicle are set as follows:
№
p/p		 Transport type
facilities		 Classification according to
with regulatory legal
act of the Ministry
Internal Affairs of the Republic
Kazakhstan		 Size
coefficient
type
transport
facilities
1 2 3 4
1. Cars "B" - cars, complete
whose mass does not exceed
3500 kg and number of seats
which, in addition to sitting
driver, does not exceed 8		 2,09
2. Buses up to 16 passenger seats inclusive "D" - cars,

passengers and having more than 8
seating areas other than sitting
driver		 3,26
3. Buses with over 16 passenger seats "D" - cars,
intended for transportation
passengers and having more than 8
seating areas other than sitting
driver		 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
facilities		 1,00
7. Trailers (semi-trailers) "E" - transport trains
means with tractors,
related to categories
vehicles “B”, “C”
or "D"		 1,00
  1. Coefficients depending on age and driving experience are established for individuals in the following size:
  1. For legal entities, the coefficient provided for in paragraph 7 of this article is set at 1.2.
  2. Depending on the service life of the vehicle, the coefficients are set as follows:
  1. The coefficients for the “bonus-malus” system with the assignment of the corresponding class at the end of the insurance period are set in the following amount:
Class on
Start
insurance period
vania		 Odds size Class at the end of the insurance period, taking into account
presence of insured events due to the fault of the policyholder
(insured)
0
insurance
happening		 1
insurance
happening		 2
insurance
case		 3
insurance
case		 4 and
more
insurance
case
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
Class 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 under the “bonus-malus” system assigned to the policyholder (insured) is carried out annually in the manner prescribed by the regulatory legal act of the authorized body.

  1. The basis for the insurer to apply coefficients under the bonus-malus system is an insurance report containing information about the class assigned to the policyholder (insured), obtained by the insurer from the database.

If there is no information about the policyholder (insured) in the database, the insurer, when concluding a contract of compulsory liability insurance of vehicle owners for new term applies a reduction factor in accordance with the table given in paragraph 10 of this article when the insured provides the original of the previous compulsory liability insurance contract for vehicle owners.

The insurer is obliged, no later than three working days from the date of concluding a contract of compulsory liability insurance of vehicle owners, to notify the organization for the formation and maintenance of the database and the authorized body about this.

  1. When concluding a contract of compulsory liability insurance for vehicle owners, the policyholder is assigned class 3 for the first time.
  2. 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 11 and 12 of this Law, and legal entities.
  3. 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 amount of the annual insurance premium (in tenge);

n — term for concluding a contract of compulsory liability insurance for 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 insurance premium per vehicle unit is calculated using the following formula:

SP = GSP*K, where:

SP - the amount of the insurance premium under a compulsory liability insurance agreement for vehicle owners, concluded for a period of less than twelve months (in tenge), in the case of temporary entry into the territory of the Republic of Kazakhstan;

K – correction factor depending on the length of stay on the territory of the Republic of Kazakhstan, specified in paragraph 14-1 of this article.

14-1. When concluding a contract of 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:

№
p/p		 Insurance period for compulsory insurance civil liability owners of vehicles registered in foreign countries 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
  1. Under a complex agreement, the insurance premium is paid for one unit of vehicle, and 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.
  2. 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 the insurance premiums calculated for each insured person.

Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2); as amended by the laws of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated December 28, 2018 No. 210-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 20. Reduction of insurance premiums

  1. Vehicle owners who are 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 payable insurance premium, calculated in accordance with Article 19 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 compulsory liability insurance of vehicle owners is carried out without providing such a benefit.

  1. In case of concluding a contract of compulsory liability insurance of vehicle owners using the insurer’s Internet resource, at the discretion of the insurer, the policyholder may be provided with a discount in the amount of no more than ten percent of the payable insurance premium, calculated in accordance with Article 19 of this Law.

At the same time, the contract of compulsory liability insurance of vehicle owners must simultaneously indicate total amount insurance premium and the amount of the insurance premium taking into account the discount (if any).

It is not allowed to provide discounts when concluding compulsory liability insurance contracts for vehicle owners in other ways without using the insurer’s Internet resource, including through insurance agents.

Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

Article 20-1. Additional services provided by the insurer

The insurer has the right, with the consent of the insured, to provide additional paid services related to providing assistance in the event of a transport accident, including providing a vehicle to the policyholder (insured) while the damaged vehicle is being repaired, providing services for collecting documents necessary for making insurance payments, visiting the site transport accident of a representative of the insurer (accident commissioner) to provide assistance to the policyholder.

Article 21. Procedure for payment of insurance premiums

  1. Unless otherwise provided for in the contract of compulsory liability insurance of vehicle owners, the insurance premium is paid by the policyholder in a one-time payment.
  2. The insurer has the right to provide in the contract of compulsory liability insurance of vehicle owners for the payment of the insurance premium in installments. In this case, the insurer is liable to the policyholder for the entire duration of the compulsory liability insurance contract for vehicle owners. Failure of the policyholder to pay the next insurance premium cannot be the basis for the insurer to early terminate the contract of compulsory liability insurance of vehicle owners.

2-1. The insurer provides the opportunity to pay the insurance premium non-cash through the insurer's Internet resource.

  1. At late payment of the next insurance premium, the policyholder is obliged to pay a penalty to the insurer in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

Chapter 5. Determination of an insured event,
amount of damage caused and insurance payment

Article 22. Determination of the insured event and the amount of damage caused

  1. An insured event is recognized as the fact of the occurrence of civil liability of the insured for compensation of harm caused to the life, health and (or) property of persons recognized as victims as a result of the insured’s operation 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 relevant organizations.
  3. The determination of the amount of damage caused to property is carried out by the insurer within ten working days on the basis of an application to determine the amount of damage in the form established by the regulatory legal act of the authorized body.

Determination of the amount of damage caused to a vehicle is carried out by the insurer in accordance with the regulatory legal act of the authorized body.

The beneficiary whose property is damaged is obliged to preserve this property in the same condition as it was after the transport accident until he or the policyholder (insured) submits an application to determine the amount of damage to the insurer, as well as within ten working days from the date of filing the said application provide the insurer with the opportunity to inspect the damaged property.

3-1. If the insurer does not determine the amount of damage caused within the period established by part one of paragraph 3 of this article, then the policyholder (insured) or the victim (beneficiary) or their representatives can use the services of an appraiser and begin restoration (disposal) of the property. Costs for appraiser services incurred by the policyholder (insured) or the victim (beneficiary) or their representatives are subject to reimbursement by the insurer, regardless of the insurance payment.

Determination of the amount of damage caused to the vehicle is carried out by the appraiser in accordance with the regulatory legal act of the authorized body specified in part two of paragraph 3 of this article.

The result of determining the amount of damage caused to the vehicle, made by the appraiser, in the case provided for in part one of this paragraph, is accepted by the insurer to make an insurance payment to the victim (beneficiary) or his representative.

  1. The insurer makes an insurance payment in the amount of damage determined in accordance with the regulatory legal act of the National Bank of the Republic of Kazakhstan.
  2. The insurer has no right to withhold from the insurance payment due to the beneficiary its own expenses associated with determining the amount of damage.
  3. Intentional creation of an insured event, as well as other fraudulent actions aimed at illegally receiving insurance payments, entail liability in accordance with the Criminal Code of the Republic of Kazakhstan.

Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

Article 22-1. Actions of persons upon the occurrence of a transport accident in the absence of victims who suffered harm to life or health

In the absence of victims who suffered harm to life or health during the commission of a transport accident, its participants, if possible, must notify insurers about the transport accident that 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 caused 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 incident and, having signed it, arrive at the nearest post or department of internal affairs bodies to formalize it .

The procedure for drawing up and standard forms of a traffic accident diagram are established by a regulatory legal act of the Ministry of Internal Affairs of the Republic of Kazakhstan in agreement with the authorized body.

Footnote. The Law is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2).

Article 23. Special conditions determining the amount of harm caused (excluded by the Law of the Republic of Kazakhstan dated May 7, 2007№ 244)

Article 24. Limits of liability of the insurer

Footnote. The title of Article 24 is as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

  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 resulting in:

death – 2000;

determination of disability:

Group I – 1600,

Group II – 1200,

Group III – 500;

disabled child – 1000;

mutilation, trauma or other damage to health without establishing disability, - in the amount actual expenses for outpatient and (or) inpatient treatment, but not more than 300;

2) for damage caused to the property of one victim - in the amount of damage caused, but not more than 600;

3) for damage caused simultaneously to the property of two or more victims - in the amount of damage caused, but not more than 600 to each victim. In this case, the total amount of insurance payments to all victims cannot exceed 2000. If the amount of damage exceeds the maximum amount of liability of the insurer, insurance payment to each victim is made in proportion to the degree of damage caused to his property.

  1. 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.
  2. To calculate the amount of insurance payment, the monthly calculation indicator established in accordance with the legislative act of the Republic of Kazakhstan on the day of making the insurance payment is used.
  3. Expenses incurred by the policyholder (insured) in order to prevent or reduce losses are subject to reimbursement by the insurer if such expenses were necessary or were incurred to carry out 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 compensation for expenses should not exceed the maximum amount of liability established by the compulsory liability insurance agreement for vehicle owners. If expenses arise as a result of the policyholder's execution of the insurer's instructions, they are reimbursed in full, regardless of the maximum amount of liability.

These expenses are reimbursed by the insurer directly to the person who incurred them.

  1. If the maximum amount of liability for full refund damage caused, the policyholder compensates the victim for the difference between the insured amount and the actual amount of damage.
  2. In the event of the death of the victim, the person who buried the victim will be reimbursed by the insurer for burial expenses in the amount of one hundred monthly calculation indices.

Footnote. Article 24 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 25. General terms making an insurance payment

  1. The claim for insurance payment to the insurer is made by the policyholder (insured) or other person who is the beneficiary, in writing, indicating the place of residence, contact numbers beneficiary bank details(if necessary), the procedure for receiving insurance payment - in cash or by transfer to a bank account, attaching the documents necessary for making the insurance payment.

At the request of the applicant, the claim for insurance payment can be sent in electronic form, accompanied by documents necessary for making insurance payment, in the form of electronic copies or electronic documents. At the same time, the requirement for insurance payment in electronic form does not exempt the applicant from submitting original documents to the insurer at the location of the insurer.

  1. The following documents are attached to the application for insurance payment:

1) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);

2) a document confirming the fact of the occurrence of an insured event and the amount of harm caused to the victim;

3) a copy of a certificate from health care organizations about the period of temporary disability of the victim in the event of a fact of harm to the life or health of the victim or a certificate from specialized institutions establishing the disability of the victim - if it is established;

4) a notarized copy of the death certificate of the victim;

4-1) a document confirming the beneficiary’s right to compensation for damage (copy);

4-2) an application to determine the amount of harm in the case provided for in paragraph 3 of Article 22 of this Law;

5) excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016);

6) a copy of the beneficiary’s identity card (for an individual) or the original power of attorney issued to a representative of a legal entity;

7) documents confirming expenses incurred by the policyholder (insured) in order to prevent or reduce losses upon the occurrence of an insured event, if any;

8) excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

Request by the insurer of additional other documents from the policyholder (insured) or the victim is not allowed.

  1. 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.

If the policyholder (insured, beneficiary) sends an application for insurance payment electronically the insurer can provide him with this certificate in electronic form.

When the applicant personally contacts the insurer, one copy of the certificate is issued to the applicant, the second copy with the applicant’s mark on its receipt remains with the insurer.

  1. The beneficiary is the victim (in the event of his death, a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim), as well as the policyholder (insured) or another person who compensated the victim (the person entitled to compensation for harm) for the damage caused. within the scope of the insurer's liability established by this Law, and has received the right to insurance payment.

When damage to property is caused, the owner of the property is recognized as the victim, and in the event of his death, the persons entitled to compensation for damage are recognized.

  1. At the request of the victim, executed in writing, or a notarized power of attorney, insurance payment can be made directly to the person who provided (is providing) him with services to restore his health and (or) property.
  2. Insurance payment for harm caused to the life and health of the victim is made regardless of the amounts due to him (the persons entitled to compensation for harm) under other insurance contracts.
  3. When making an insurance payment, the insurer has no right to require the beneficiary to accept conditions that limit his right of claim against the insurer.
  4. The insurer has the right to property or its remains if it makes an insurance payment in the amount of market value of this property on the day of the insured event.
  5. The insurer has the right to make an insurance payment on the basis of a protocol on violation of traffic rules with a diagram of the incident issued by the internal affairs bodies, in the absence of the fact of causing harm to the life and health of the victim.

Footnote. Article 25 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated 12/29/2014 No. 269-V (to come into effect from 01/01/2015); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); dated 07/02/2018 No. 166-VI (the order of enforcement see Art. 2); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

Article 26. Procedure for making insurance payments

  1. Insurance payment is made by the insurer within fifteen working days from the date of receipt of the documents provided for in Article 25 of this Law.
  2. (deleted - dated May 7, 2007 No. 244)

2-1. In the event of damage to the property of several victims, the insurer is obliged to begin insurance payment within seven working days from the date of receipt of documents from all victims, but no later than 15 calendar days from the date of receipt of documents from the victim who was the first to submit documents to the insurer, regardless of the submission of documents by other insured persons.

  1. If, as a result of the event that led to the occurrence of the insured event, the victim experiences a deterioration in health (disability or a higher group of disability is established) or death, then the insurer, based on the application received from the victim (beneficiary) and relevant documents, is obliged to recalculate the amount of insurance payment in accordance with the procedure and the amount established by this Law. In this case, when recalculating the amount of insurance payment, previously paid amounts are taken into account.
  2. If the insurance payment is untimely made, 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.

Footnote. Article 26 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Article 26-1. Direct settlement

  1. When an insured event occurs, the victim or a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim, in order to receive compensation for the damage caused, has the right to contact the insurer who insured the liability of the victim under the contract of compulsory liability insurance of vehicle owners, subject to the availability of the person through whose fault the insured event occurred, a contract of compulsory liability insurance for vehicle owners.

The victim, who is not the owner of the property to which the damage was caused, applies to the insurer of the person through whose fault the insured event occurred in the manner prescribed by this Law.

  1. Compensation for damage 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), 4-2) and 6) of paragraph 2 of Article 25 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, does not constitute for him the fulfillment of obligations under the contract of compulsory insurance of civil liability of vehicle owners and insurance payment concluded with the victim.

  1. The insurance company of the person through whose fault the insured event occurred shall reimburse the amount actually paid to the insurer who settled the insured event.
  2. The procedure and conditions for direct settlement are established by this Law and regulatory legal acts authorized body.

Footnote. The Law is supplemented by Article 26-1 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016); as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated January 10, 2018 No. 134-VI (shall be enforced six months after the date of its first official publication).

Article 27. Insurance payment in case of damage caused by several persons

If a person is harmed by several vehicles, the owners of which have contracts of compulsory liability insurance for 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. In this case, the total amount of insurance payment made by all insurers should not exceed the amount of actual harm caused to the victim and the maximum amount of liability provided for each insurer.

Article 28. The right to reclaim the person who caused the harm

  1. The insurer that has made the insurance payment has the right to claim back against the policyholder (insured) within the limits of the amount paid in cases where:

1) the civil liability of the policyholder (insured) arose 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) arose as a result of his driving a vehicle in a state of alcoholic, narcotic or toxic intoxication;

3) the person driving the vehicle at the time of the traffic accident did not have the right to drive it;

4) during the trial it was established that the insured event occurred as a result of technical malfunctions of the vehicle, which the policyholder (insured) knew or should have known about;

5) the vehicle is used for purposes not typical of its technical purpose;

6) the policyholder (insured) deliberately did not take measures to reduce losses from the insured event;

7) the person driving the vehicle fled the scene of the transport accident;

8) a person driving a vehicle and sent for examination to establish the fact of use of a psychoactive substance and state of intoxication, without good reason, did not undergo such examination.

  1. If, in the cases listed in paragraph 1 of this article, the culprit of the damage caused is a person operating a vehicle due to an employment relationship with its owner or in the presence of its owner without a written transaction, then the insurer has the right of recourse to the owner of this vehicle.
  2. The insurer who has made the insurance payment receives, within the limits of the amount paid by him, the right of recourse that the policyholder (the insured) has against the person responsible for the losses compensated by the insurer as a result of the insurance. Moreover, if it is established that the insured event occurred due to road conditions caused by unsatisfactory maintenance highways and structures on them, the insurer who made the insurance payment transfers the right of claim that the owner of the vehicle has against the person guilty of creating such conditions.

Footnote. Article 28 as amended by the laws of the Republic of Kazakhstan dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Article 29. Grounds for exemption of the insurer from making insurance payments

  1. The insurer has the right to fully or partially refuse 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 extreme necessity;

2) actions of the beneficiary recognized in the manner established by the legislative acts of the Republic of Kazakhstan as intentional criminal or administrative offenses located in causation with an insured event.

  1. The following may also be grounds for the insurer’s refusal to make an insurance payment:

1) receipt by the beneficiary of appropriate compensation for losses from the person responsible for causing the loss;

2) excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2);

3) use of the vehicle by the policyholder (insured) in competitions, tests or when learning to drive in places specially designated for this purpose;

4) causing harm when loading or unloading a vehicle;

5) causing damage to the property of the victim in the form of money, valuable papers, gold, silver items, jewelry, decorations, works of art or other valuables;

6) violation by the victim of the requirements of part three of paragraph 3 of Article 22 of this Law.

  1. If there are grounds for refusal to make an insurance payment, the insurer is obliged, within seven working days from the date of receipt of the application and all documents provided for in paragraph 2 of Article 25 of this Law, to send the applicant an appropriate decision on full or partial refusal of insurance payment in writing with a reasoned justification reasons for refusal.
  2. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).
  3. The insurer is exempt from making insurance payments if the insured event occurs as a result of:

1) exposure to a nuclear explosion, radiation or radioactive contamination;

2) military actions;

3) civil war, civil unrest of all kinds, mass riots or strikes.

5-1. Insurance payment is not made for a damaged vehicle specified in the insurance policy.

  1. The insurer has no right to refuse insurance payment on grounds not provided for in this article.

Footnote. Article 29 as amended by the laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (the order of enforcement see Article 2); dated 05/07/2007 No. 244; dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2); dated 07/03/2014 No. 227-V (to come into effect from 01/01/2015); dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

Article 29-1. Peculiarities of dispute resolution regarding compulsory civil liability insurance of vehicle owners

  1. If there is a dispute arising from a contract of compulsory liability insurance of vehicle owners, the policyholder (victim, beneficiary) has the right:

send to the insurer (including through a branch, representative office, Internet resources of the insurer) a written application indicating the requirements and attaching documents confirming its requirements, or

send an application to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including its branch, representative office) or to the court to resolve disputes arising from the compulsory liability insurance agreement for vehicle owners.

  1. The insurer, upon receipt of an application from the policyholder (victim, beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.
  2. If the policyholder (victim, beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder, victim (beneficiary), insurance ombudsman, to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.

Footnote. Chapter 5 is supplemented by Article 29-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

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 established by the legislation of the Republic of Kazakhstan.

Article 30-1. Insurance Ombudsman, his status and election

Footnote. The Law is supplemented by Article 30-1 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 30-2. Requirements for an insurance ombudsman

Footnote. The law is supplemented by Article 30-2 in accordance with the Law of the Republic of Kazakhstan dated May 7, 2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 30-3. The procedure for making decisions by the insurance ombudsman

Footnote. The Law is supplemented by Article 30-3 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 30-4. Activities of the insurance ombudsman

Footnote. The Law is supplemented by Article 30-4 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

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 liability insurance of vehicle owners bear responsibility, provided for by laws Republic of Kazakhstan.

Article 32. International systems of compulsory insurance of civil liability of vehicle owners

In order to ensure compensation for damage to third parties caused by owners of vehicles involved in cross-border movement, as well as to simplify the regime of movement of vehicle owners across state borders, the participation of the Republic of Kazakhstan in international systems compulsory insurance of civil liability of vehicle owners in accordance with the procedure provided for by law Republic of Kazakhstan.

Footnote. The Law is supplemented by Article 32 in accordance with the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Article 2).

© 2012. RSE on PVC Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan

The General Re Insurance Center provides compulsory insurance for employees in Almaty, Astana and other regions of Kazakhstan. Insurance of employees against accidents of any organizations under favorable programs and conditions. Free calculation and consultation. We will answer all questions regarding compulsory insurance of employees from NS.

Compulsory insurance of an employee against industrial accidents (OSINS)

This is what is commonly called this type of insurance, but the correct name is compulsory insurance of an employee against accidents during the performance of his labor (official) duties in abbreviated form OSNS.

This type of insurance, like all other types of compulsory insurance, is regulated by the law “On compulsory insurance of employees against accidents during the performance of their labor (official) duties” dated December 30, 2009 No. 234-IV.

All conditions under which the contract is concluded, payment is made, and so on are regulated by this law.

When does compulsory employee insurance apply?

In the event of harm to the life and health of an employee, received by him in the performance of labor (official) duties.

Insurance case

is an industrial accident that led to the death or partial disability of an employee.

  • death
  • disability of I, II, III groups

Insurance payment for compulsory employee insurance

for damage associated with the death of an employee or damage to his health, is paid in the amount of the damage caused, but not more than the insured amount established by the insurance contract.

1. when establishing the degree of loss of professional ability to work from 30 to 59 percent inclusive - 500;

2. when establishing the degree of loss of professional ability to work from 60 to 89 percent inclusive - 750;

3. when establishing the degree of loss of professional ability to work from 90 to 100 percent inclusive - 1,000.

In addition to the fixed and lump sum payment still being paid annuity payments which are calculated based on:

  • wages injured employee
  • degree of his guilt
  • number of dependents (at death)

Sum insured

This is the limit of insurance liability under the contract, established by agreement of the parties, but should not be less than the annual wage fund of all employees of the Enterprise by personnel category. The General Re Insurance Center recommends that in case of a high degree of risk, take not one annual payroll, but two or more. This will allow the company, through the insurance company, to pay the employee, i.e. compensate him more and at the same time show greater social responsibility.

The insured amount for one employee cannot be more than ten times the annual minimum wage established by law on this year. You can calculate it using the formula MW (minimum wage) * 10 * 12

How much does compulsory employee insurance cost?

Insurance rates

  • industrial for all 22 occupational risk classes, depending on the types economic activity

The specific tariff for each company individually is determined based on the OKED code for the main type of economic activity

Occupational risk class Insurance rate
1 0,12%
2 0,29%
3 0,48%
4 0,49%
5 0,52%
6 0,53%
7 0,54%
8 0,65%
9 0,56%
10 0,88%
11 0,75%
12 0,76%
13 1,29%
14 1,55%
15 1,13%
16 1,17%
17 1,21%
18 2,43%
19 1,75%
20 2,05%
21 2,54%
22 2,96%

The insurance premium under the compulsory employee insurance contract depends on:

  • main activity of the enterprise
  • size of the wage fund of employees by category
  • statistics of insured events for the last 5 years

Discount for concluding a compulsory employee insurance contract

If over the last 5 years of the company’s activity there has not been a single insured event, then the Insurer, at its discretion, has the right to provide a discount when concluding a contract of compulsory insurance of an employee against accidents. The amount of the adjustment factor/discount is set at the discretion of the Insurance Company.

Compulsory insurance contract for employees concluded within 10 calendar days from the date of formation of the company, or from the moment of hiring new employees.

Employer liability insurance is carried out in accordance with the Civil Code of the Republic of Kazakhstan and on the basis of the Law of the Republic of Kazakhstan “On compulsory insurance of employees against accidents during the performance of their labor (official) duties” dated December 30, 2009, No. 234-IV.

To calculate the insurance premium and select the most reliable insurance company, please contact our employees


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 by: Shpulina E.G.

2011

Content

    Maintaining
    Brief overview of the development of the insurance market in Kazakhstan
    Basic terms and concepts used in insurance
    Classification and forms of insurance
    Types of compulsory insurance
      Compulsory insurance civil law employer's liability for causing harm to the life and health of an employee during the performance of his labor (official) duties

      Mandatory insurance in crop production.
      Compulsory social insurance.
      Other types of compulsory insurance.
    Choosing an insurance company
    Legal regulation insurance activities
    Actions upon the occurrence of an insured event

1. Introduction
A necessary condition for the normal development of the state is to ensure the security of society in conditions of market relations. With the development of market relations, the state ceases to be responsible for compensation for damage to business entities and citizens in the event of unfavorable events, natural disasters and catastrophes. Insurance is a tool that can compensate for damages and losses that arise 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 security of business. Insurance, by facilitating the redistribution of risks, makes it possible to increase the efficiency of the economy. Hence, the policy of development of 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 market economies indicates a close relationship between social expenditures of society and the level of development of insurance.
At the initial stage of 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 a business 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 managers of business 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 a company to enter into an agreement with an insurance company?
What is the modern insurance market?
What types of compulsory insurance exist in Kazakhstan?
What should you pay attention to when choosing an insurance company?
What are the differences 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 the functions and powers of the state insurance supervision body 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 regulation and supervision of insurance activities, has been a full member International Association insurance supervisory authorities (IAIS).
The Republic of Kazakhstan stands out from all CIS countries high level development of the regulatory framework and state regulation of the insurance market, despite the fact that the indicators for the collection of premiums and insurance payments in Kazakhstan are still lower than those of some neighbors in the CIS. But this is the case when “less is more.” This provides a greater guarantee to policyholders of risk compensation 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 last years financial discipline and accounting in insurance organizations, the list and level of insurance services provided have improved.
The policy and strategy for the development of the insurance market in 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 defining 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:
· The current legislative framework regulating the development of the insurance market was improved.
· National Bank The Republic of Kazakhstan has developed and implemented requirements and standards for insurance and (reinsurance) organizations.
· The financial stability and solvency of insurance organizations is ensured.
· Availability of insurance services, transparency and legality of insurance operations are ensured.

The positive aspects of recent years of development of the Kazakhstan insurance market were:
- introduction of a legislative ban on combining life insurance operations with insurance other than life insurance in one insurance organization. From the point of view of the solvency of the insurance organization, this is an important point, since the first provides for long-term investments of insurance reserves, the second 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 its chief accountant;
- strict requirements for the financial stability and integrity of the shareholders of the founders of insurance organizations.

The insurance market of Kazakhstan can be called one of the most dynamically developing in the entire CIS. This was facilitated by the Republic's Insurance Market Development Program 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 is an agreement (legal transaction) between the insurer and the policyholder, regulating their mutual obligations in accordance with the terms of this type of insurance.
The insurer's liability limit is the insured amount (insurance coverage), fixed in the contract or insurance policy, which the insurer undertakes to pay upon the occurrence of an insured event.
Insurance limit is the maximum amount of money for which material assets and insurance liability can be insured.
Licensing of insurance operations – issuing licenses (permits) to insurance organizations for the right to conduct certain types of insurance.
Object of insurance – any interest of the policyholder 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 responsibility for the insurance object (assignee) in order to create a balanced insurance portfolio.
Insurance portfolio – the number of concluded and paid contracts.
Insurance reserves are funds formed by insurance organizations to provide guarantees for the payment of insurance amounts and insurance compensations, estimated on the basis of actuarial calculations.
Insurance risk is a probabilistic event or a set of events against which insurance is carried out.
Insurer – (insurance organization) a legal entity engaged in the activities of concluding and executing insurance contracts on the basis of a license from an authorized body.
Policyholder – (policy holder) is a legal entity or individual who has entered into an insurance contract, pays insurance premiums (contributions) and enters into specific insurance relations with the insurer.
Insurance agent is an individual or legal entity engaged in intermediary activities in concluding insurance contracts on behalf of and on behalf of an insurance organization.
Insurance broker is a legal entity that carries out consulting activities on insurance, reinsurance and intermediary activities in concluding insurance contracts on its own behalf and on behalf of the policyholder or reinsurance contracts on its own behalf and on behalf of the assignor.
Insurance premium- the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the policyholder (beneficiary) in the amount specified in the insurance or annuity agreement.
Insurance payment is the amount of money paid by the insurer to the policyholder within the limits of the insured amount 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 in an insurance contract, upon the occurrence of which the insurer becomes obligated to make an insurance payment.
Tariff rate is the price of insurance risk. 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 harmonious picture of a single whole, highlighting its total parts.
The purpose of insurance classification 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 scope 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 part of the previous one.

A clear classification of insurance services has been created in Kazakhstan, distinguishing industries, classes and types. Licenses for the right to carry out insurance activities are issued by insurance class by industry:
1. Industry "Life insurance"
2. Industry " General insurance»

The Life Insurance industry includes the following classes in the voluntary form of insurance:
* Life insurance
*Annuity insurance

The “General Insurance” industry includes the following classes in the voluntary form of insurance:
* Accident and illness insurance
* Motor transport insurance
* Air transport insurance
* Cargo insurance
* Business risk insurance
* Civil liability insurance under 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 for 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 compulsory
· By insurance object: personal and property
· Based on the grounds for making insurance payments: cumulative and non-cumulative
The combination of compulsory and voluntary insurance makes it possible to create an insurance system that provides a universal scope of insurance protection for the interests of legal entities and individuals.
Voluntary insurance, unlike compulsory insurance, arises only on the basis of the will of the policyholder 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
Insurance is required 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
The types, conditions and procedure for 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 enter into an insurance contract.
By order of the Prime Minister of the Republic of Kazakhstan dated 21.03. 2003 No. 38-r approved the optimal list of types of compulsory insurance:
1. “On compulsory insurance of the employer’s civil liability for causing harm to the life and health of an employee during the performance of his labor (official) duties.” Law of the Republic of Kazakhstan dated 02/07/2005, No. 30-III (entered into force on 07/01/2005)
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 January 1, 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 civil liability of the carrier 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 June 11, 2003, No. 435-II
9. “On compulsory insurance of civil liability of a 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 objects whose activities are associated with the danger 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 a list of objects subject to insurance, the amount of the insured amount, the amount of insurance payment, the procedure for establishing tariff rates, the basic rights and obligations of the parties involved in the insurance and other mandatory 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. Mandatory insurance of civil liability of the employer for causing harm to the life and health of an employee during 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 civil liability of the employer for causing harm to the life and health of an employee during the performance of his labor (official) duties and establishes the legal, economic and organizational basis for its implementation.
The object of compulsory insurance is the employer’s liability for obligations arising as a result of harm to the life or health of an employee during the performance of their labor (official) duties, through insurance payments.
Organizations of all forms of ownership that bear financial liability for damage caused to health associated with the performance of their labor relations must insure their liability.
Harm caused to the life and health of a citizen (employee) during the performance of labor (official) duties is compensated in the manner established by Art. 936-946 of the Civil Code of the Republic of Kazakhstan, the Labor Law and the insurance contract.
The degree of loss of ability to work, determination of the causes, timing, time of onset of loss of ability to work, establishment of a disability group, and 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 compulsory employer liability insurance agreement with the insurer (See Appendix 1 - List of licensed insurance companies) in relation to newly hired employees within ten working days from the date of the employee’s actual admission to work and pay an insurance premium in the amount , the procedure and terms established by the compulsory insurance contract. In this case, the contract is concluded for 12 months.

The insurance premium is determined based on the insurance tariff. The limits of insurance rates 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
From 1 to 22
From 0.04 to 4.38
From 0.13 to 9.17
Administrative and management personnel
0,04
0,1
Support staff
For all occupational risk classes
0,47
2,15

Types of economic activity by class are established by the Government of the Republic of Kazakhstan.
Insurance premium amount. 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 insured amount should not be less than the annual wage fund of all employees by personnel category.

Insurance payment upon the occurrence of an insured event is made in the amount of actual damage, but not more than the insured amount.

This type of insurance is beneficial to the employer, since he shifts his obligations to pay damages to the insurance company.

5.2. Mandatory insurance in crop production.
The object of compulsory insurance in crop production is the property interests of the policyholder associated with partial or full compensation of the policyholder's monetary expenses incurred in the process of producing crop products as a result of the occurrence of an insured event.
Insured events under compulsory insurance in crop production include death or damage to crop products as a result of adverse natural phenomena or their combination, which resulted in losses for the insured.

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 tariff established by law and multiplied by the corresponding insurance amount.
The following maximum amounts of insurance rates have been established, calculated as a percentage of the insured amount by type of crop production, established by the compulsory insurance agreement, taking into account state subsidies of insurance payments:

1 grains (by region groups):

No.
Name of areas
Insurance rate, %
1
Akmola, Almaty, East Kazakhstan, Kostanay, North Kazakhstan
3.48
2
Karaganda, Kzylorda, Pavlodar, South Kazakhstan
5.83
3
Aktobe, West Kazakhstan
9.15

2 oilseeds (across the republic) – 3.44%
3 sugar beets (across the republic) – 8.39%
4 cotton (across the republic) – 1.33%

Payment of insurance premiums is attributed by the policyholder to the cost of the insured type of crop production, i.e. The amounts of insurance premiums are used for deductions in tax accounting.

The insurance premium for compulsory insurance in crop production is paid by the policyholder to the insurer simultaneously or in installments in the manner and within the time limits determined by the compulsory insurance contract. If the policyholder fails to pay the insurance premium under the terms of a one-time payment established in the compulsory insurance contract, the compulsory insurance contract is considered not concluded.

The amount of the insured amount 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 Decree of the Government of the Republic of Kazakhstan dated May 17, 2006 No. 412.

A compulsory insurance contract for all types of crop products is concluded no later than 15 calendar days after the completion of sowing.
The size of the areas exposed to adverse natural phenomena is established by a commission, which the local executive body is obliged to create upon the application of the insured within three working days from the date of receipt of the insured's application.
The volume of products collected from areas exposed to adverse natural phenomena is subject to mandatory assessment during harvesting.
Upon the occurrence of an insured event, the policyholder submits the following documents to the insurer:
· a copy of the compulsory insurance contract;
· a certificate from the hydrometeorological service confirming the fact of an adverse natural phenomenon;
· inspection report drawn up in accordance with the law;
· documents confirming receipt of actual income, the list of which is established by the compulsory insurance contract, and in their absence - a report from an appraiser (independent expert) on the assessment of income.

The insurer may not require other documents from the policyholder.

In case of partial loss of the crop, insurance payment is made no earlier than one month, but no later than five months from the date of completion of harvesting.

In the event of complete loss of crops, the insurer is obliged to make insurance payments within ten working days after the commission’s conclusion. in full.

The state supports compulsory insurance in crop production by allocating budget funds authorized state body in the field of crop production to reimburse 50% of insurance payments to insurers for insured amounts arising as a result of unfavorable natural and climatic conditions.

In 2006, 5 insurance companies received a license for 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 damage caused to life, health, property of third parties and (or) the environment as a result of its emergency pollution.
Compulsory environmental insurance covers the insurer's liability for compensation for damage caused by:
1. environment, and (or) restoration of the state environment to the state that preceded its deterioration.
2. life and health of citizens as a result of emergency environmental pollution.
3. property of third parties belonging to them by right of ownership, right of economic management, right of operational management and other legal basis, as a result of emergency pollution of the environment.
A compulsory environmental insurance agreement must be concluded within one month from the moment a person acquires the right to use natural resources and/or begins to carry out an environmentally hazardous activity. The contract is valid for one calendar year. A separate Agreement is concluded for each type of environmentally hazardous activity.
To conclude the Agreement, a written application is submitted to the insurance organization indicating the following data:
1. On state registration of the company.
2. On the availability of permission to carry out environmentally hazardous activities.
3. State environmental assessment, including assessment of the impact on the environment and public health.
4. Insurance environmental audit.
5. About the financial and economic situation and about all previous insurance contracts concluded by the company.
6. As well as other data established by insurance legislation.
To engage in environmentally hazardous activities, the interested person is required to obtain an appropriate license. To obtain a license, a person is required to submit a compulsory environmental insurance agreement or a guarantee from the insurer to assume responsibility for compulsory environmental insurance of the interested party. Failure by a person to provide these documents is grounds for refusal to issue a license by the authorized body.


5.4. Compulsory social insurance.
The Law regulates relations related to the creation of additional forms of social security for participants in the compulsory social insurance system, 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 calculating and paying 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 them to tax authorities calculations of accrued and transferred social contributions.
Compulsory social insurance is divided into the following types: 1) in case of loss of ability to work, 2) in case of loss of a breadwinner,
3) in case of job loss.

The state guarantees citizens the right to receive social payments upon the occurrence of risk cases according to types of compulsory social insurance under the conditions established by the Law.
Resolution 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 set 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 its expenses paid to the employee in the form of income for work performed and services rendered.

For yourself employed persons, for whom a special tax regime is applied 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 calculation of social contributions is their income. In this case, monthly income is accepted for calculating social contributions in an amount not exceeding 10 times the minimum wage.


5.5. Other types of compulsory insurance
The compulsory insurance mechanism, as the experience of countries with market economies shows, is widely used by the state to ensure social stability and accelerate economic development.
This experience has also been applied in Kazakhstan, where the scope of use of compulsory insurance has significantly expanded to solve problems of protecting the property interests of citizens, legal entities and the state from natural, man-made, financial and economic and other risks. In order to resolve these and other problems of compulsory insurance, other types of insurance also exist in Kazakhstan.
Mandatory civil liability insurance for 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 damage caused to the life and health and (or) property of third parties as a result of operating the vehicle as a source of increased danger through insurance payments.
Mandatory insurance of civil liability 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 the life, health and (or) property of passengers during their transportation through insurance payments.
Mandatory civil liability insurance for 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.
Mandatory civil liability insurance for 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. To carry out notarial acts, a private notary is required to enter into a contract of compulsory liability insurance for a private notary.
Mandatory civil liability insurance for tour operators and travel agents. 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 damage caused to the property interests and (or) other interests of the tourist when carrying out activities to sell the tourism product through insurance payments.
Mandatory civil liability insurance for owners of facilities whose activities involve the danger 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 damage caused to the life, health and (or) property of third parties as a result of an accident at the facility through insurance payments.

6. Choosing an insurance company
Of decisive importance for the policyholder is right choice the insurance company with which the insurance contract will be concluded. Accurate information about insurance companies in the republic and 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 organizations (FSA). This information can be viewed on the website http://www.afn.kz/.
Insurance companies must submit licenses to carry out insurance activities, financial statements, and may additionally submit letters of recommendation from other policyholders, information booklets about the insurance services provided, etc.
Before you start working 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 that interests you.
Nowadays there are many insurance companies operating in the insurance market 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 proven 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 Regulation and Supervision of the Financial Market and Financial Organizations.
Secondly, carefully review the insurer's balance sheet. Financial statements of insurance organizations are open information and are subject to publication in the media.
Thirdly, the criteria for choosing an insurance company should also include 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 trust in the company from clients.
The quality of customer service directly depends on the degree of development of the insurance company's infrastructure - the number of sales offices and the territorial coverage of the branch network.
An indicator of the reliability of an insurance company is the availability of specialized programs for small and medium-sized businesses. Typically, the basis of such programs is a comprehensive analysis of the needs of enterprises in this segment and maximum consideration of the identified needs when developing the program.
Number of rules by different types insurance, licensed by the state authorized body, indicates the breadth of the insurance company’s capabilities in taking risks based on taking into account 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 Civil Code of the Republic of Kazakhstan, but besides this, these relations are regulated by many legal acts.
In accordance with the current law “On Insurance Activities”, insurance is the activity of an insurance (reinsurance) organization 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, the insurance contract must be concluded in writing. In some CIS countries, for example Russia, there is also a non-contractual insurance system.
The basis for concluding a compulsory insurance contract is an application from the policyholder.
An entrepreneur who decides to enter into an insurance contract must comply with the requirements of the legislation of the Republic of Kazakhstan for the preparation of insurance documents and pay attention to the following:
1. Insurance terminology
2. Insurance rules
3. Contents of the insurance contract
4. Deadline for notifying the insurer about an insured event
5. Actions of the policyholder upon the occurrence of an insured event
6. Rights and obligations of the insurer and policyholder
7. Limitation of insurer's liability
8. Information provided upon 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 request a detailed explanation of the terms from a representative of the insurance company. This is the most important point 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 strict 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 presented 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 required to submit drafts to government agencies 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 insurance objects
2. The procedure for determining insurance amounts
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 policyholder upon the occurrence of an insured event
8. List of documents confirming the occurrence of an insured event
amount of damages
9. Procedure and conditions for making insurance payments 10. Deadline for making a decision on payment or refusal of insurance payments
11. Conditions for termination of the insurance contract
12. Dispute resolution procedure
13. Insurance rates and their economic justification.

Attention!
By agreement of the parties based on
etc.................

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