Insurance

Insurance is a helping hand in difficult times.

Do you agree with this statement? There are skeptics who do not believe in insurance. The same skeptic, having an accident or breaking his arm/leg while skiing, immediately recalls insurance: “Now, if I were insured, then I would be paid for the damage, taken to the hospital, treated for free.” You often heard these phrases, and sometimes you yourself thought about it.
So what's stopping you from protecting yourself? Someone feels sorry for the money: “I’ll insure myself, but nothing will happen and I will lose money.” And what is significant - if you do not insure yourself, then you will definitely find yourself in an unpleasant situation.

Anecdote on the subject:- Is this an insurance company? Can you insure the 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 man understands the benefits and benefits of insurance. In Kazakhstan, the insurance sector is successfully developing 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 relations between the insured and the insurer arise by virtue of the current legislation and do not require, as is the case in voluntary insurance, a preliminary agreement of the parties

In Kazakhstan, compulsory types of insurance are:

1. Civil liability of the car owner -

the most common type of insurance for car 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 employee insurance against accidents during performance
them labor (official) duties

6. Compulsory environmental insurance

7. Civil liability of owners of hazardous facilities

For these types of insurance, all tariffs, rules, risks and responsibilities of the parties
are determined 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. 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 arrival 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, in which I have been working for 15 years.

What is the difference between "INTERTICCH" services from other similar companies?

To ensure the highest quality of medical services, INTERTeach Corporation has developed a system for organizing and controlling treatment, which is implemented by the affiliated company InterteachMedicalAssistance. The company provides all types of medical care through a developed network of medical services. InterteachMedicalAssistance has its own ambulances, medical centers, family doctors, inpatient rooms and 24/7 dispatch services.

Why do you need health insurance for people traveling abroad?

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

Moreover, the presence of an insurance policy is a requirement of the consulates of many countries when issuing a visa, whether it is a guest, business or tourist visa.

Organizations can provide insurance protection for their employees while traveling in Kazakhstan or abroad, as well as for visitors coming from other countries.

How does the insurance coverage work?

Worldwide service is provided through assistance companies that provide our customers with international telephone numbers and provide access to a Russian or English speaking operator or operators who speak other languages.

In the event of an emergency, it will be necessary to make a call to the assistance company at the telephone number indicated in the policy, and the operators will arrange all the necessary medical assistance.

What is covered by the insurance policy?

The insurance policy provides the insured person with protection against unforeseen expenses related to 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

Insurance Center "General Re" carries out compulsory insurance of 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 on compulsory insurance of employees from the National Assembly.

Compulsory employee insurance against industrial accidents (OSRNS)

This is how it is customary to call this type of insurance, but the correct name, compulsory insurance of an employee against accidents in the performance of labor (official) duties in abbreviated form OSNS.

This type of insurance, as well as all other types of compulsory insurance, is regulated by the law “On Compulsory Insurance of an Employee against Accidents in the Performance of Labor (Official) Duties” dated December 30, 2009 No. 234-IV.

All conditions on 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 the employee, received by him in the performance of labor (official) duties.

Insurance case

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

• death
• disability I, II, III groups

Insurance payment for compulsory insurance of employees

for harm associated with the death of an employee or damage to his health, is made in the amount of the harm caused, but not more than the sum insured 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 determining 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 payments, there are also annuity payments which are calculated based on:

• the wages of the injured employee
• degree of 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 categories of personnel. The General Re Insurance Center recommends taking not one annual wage fund, but two or more in case of a high degree of risk. 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 sum insured for one employee cannot be more than ten times the annual minimum wage established by law for the current year. You can calculate using the formula MW (minimum wage) * 10 * 12

How much does mandatory employee insurance cost?

Insurance rates

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

A specific tariff for each company separately is determined on the basis of 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 insurance contract for employees depends on:

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

Discount when concluding a compulsory insurance contract for an employee

If in 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 an agreement on compulsory insurance of an employee against accidents. The size of the adjustment factor / discount is set at the discretion of the Insurance Company.

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

Employer's 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 an Employee against Accidents in the Performance of Labor (Official) Duties" of December 30, 2009, No. 234-IV.

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

For any personnel department, an accident at work is a real headache. An accident is always associated with the risk of inspections by regulatory authorities and the labor inspectorate. Inspectors are forced to collect a huge amount of documents. And in conclusion, all this threatens with litigation.

Let's take an example. An accident occurred in an organization engaged in the manufacture of cabinet furniture. One of the workers was injured at work. Under an accident insurance contract for an employee in the performance of his labor (service) duties, the insurance company paid the injured employee an amount that fully covered the damage caused. Thus, the employer not only avoided unpleasant inspections by the competent authorities and litigation, but also did not incur unforeseen financial costs.

Why does an employer need to conclude insurance contracts?

On July 1, 2005, the Republic of Kazakhstan put into effect the Law "On Compulsory Insurance of the Employer's Civil Liability for Causing Harm to the Life and Health of an Employee in the Performance of Labor (Official) Duties" dated 07.02.05. No. 30-III. Then, the heading was amended by the Law of December 30, 2009 No. 234-IV and today its name is the following - the Law of the Republic of Kazakhstan "On Compulsory Insurance of an Employee against Accidents in the Performance of Labor (Official) Duties".

In accordance with this Law, if the life and health of an employee is harmed as a result of an accident that led to the establishment of the degree of loss of professional capacity for work or his death, with or without the fault of the injured employee, the damage will be compensated.

Note: The amount of damage is determined in accordance with the requirements of the Civil Code of the Republic of Kazakhstan.
Also, the injured worker from an accident at work, and family members of the deceased as a result of an accident are entitled to compensation for moral damage.

This type of insurance allows you to avoid conflict situations that may arise between the employer and employees and protects the property interests of the employer associated with his obligation to compensate for harm caused to the life and health of employees injured at work. Also, the insurance contract helps to acquire an additional way of motivation to attract valuable employees who bring profit to the company.

Note A: This type of insurance is a mandatory type of insurance for all employers, with the exception of government agencies.

Purpose and principles of employee accident insurance

The purpose of compulsory insurance of an employee against an accident is to ensure the protection of the property interests of employees whose life and health have been harmed in the performance of their labor (service) duties, through the implementation of insurance payments.

The main principles of compulsory employee insurance against accidents are:

• ensuring the fulfillment by the parties of their obligations under the contract of compulsory insurance of the employee against accidents;
• economic interest of employers in improving labor safety.

Which categories of workers are covered by insurance

All categories of employees without exception are subject to this type of insurance. Just for each of them, a specific tariff is set for calculating the insurance payment.

Let's take a closer look at the categories of employees

• Administrative and managerial personnel (AMP) are employees of the management apparatus, employees who are part of the administration of the organization and perform the functions of managing the organization.

Example: Director, deputy director, chief accountant.

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

Example: locksmith.

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

Example: driver, technical staff.

Do Freelance Workers Need Insurance?

There is no such thing as a "freelance worker" in labor law. If you mean by the definition of "freelancer" a person hired without the appropriate paperwork in accordance with the Labor Code of the Republic of Kazakhstan, then in any case, the employer is obliged to carry out the insurance procedure. Because, in the absence and (or) failure to properly draw up an employment contract through the fault of the employer, labor relations are considered to have arisen from the day the employee started work. (paragraph 3 of article 38 of the Labor Code). That is, even if the employee is not properly registered, he is still an employee of the organization, and, accordingly, is subject to compulsory insurance. Because all employees without exception are subject to insurance. Otherwise, the employer will be liable.

Do vacancies need to be insured?

Based on the meaning of the legislation, a specific employee, and not a position or vacancy, is subject to insurance, due to the fact that the legislation provides for precisely cases when harm has been caused to the life or health of an employee. It does not matter what position he holds. Accordingly, vacancies do not need to be insured.

Footnote. Heading as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV

Footnote. Throughout the text of the Law, the words "civil liability of the employer for causing harm to the life and health of an employee in the performance of labor (service duties)", "responsibility of the employer" are replaced by the words "employee from accidents" by the Law of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV (shall be enforced from 09.08.2010).

This Law regulates social relations arising in the field of compulsory insurance of an employee against accidents, and establishes the legal, economic and organizational foundations for its implementation.

9) in case of untimely implementation of insurance payments provided for in paragraph 1 of Article 19 of this Law, pay the beneficiary a penalty in the amount of 1.5 percent of the unpaid amount for each day of delay.

An insurer licensed to carry out insurance activities in the life insurance industry under the annuity insurance class is obliged to conclude an annuity agreement in favor of an employee or a person entitled to compensation for harm in connection with the death of an employee in the cases provided for by this Law, within the limits of the insurance the amount established by the contract of compulsory insurance of the employee against an accident.

3. A contract of compulsory insurance of an employee against accidents may provide for other rights and obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

Footnote. Article 9 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (come into effect from 09.08.2010); from 02.07.2018 No. 166-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).

2. Harm caused to the life and health of an employee includes a material expression of harm associated with his death or with the establishment of the degree of loss of his professional ability to work, with the exception of harm associated with temporary disability of the employee.

The amount of harm caused to the life and health of an employee is determined on the basis of documents submitted in accordance with this Law.

Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (For the order of implementation, see Art. 2).

Article 27. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance of an employee against accidents

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance of an employee against accidents shall bear responsibility established by the laws of the Republic of Kazakhstan.

Article 28. Procedure for the entry into force of this Law

(with amendments 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 vehicle owners

(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 the legal, financial and organizational basis for its implementation.

Chapter 1. General Provisions

Article 1. Basic concepts used in this Law

The following basic concepts are used in this Law:

1) excluded by the Law of the Republic of Kazakhstan dated 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication);

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

3) the victim - a person whose life, health and (or) property was harmed as a result of the operation of the vehicle, the obligation to compensate for which, in accordance with the legislation of the Republic of Kazakhstan, is assigned to the policyholder (insured person) as the owner of the vehicle;

4) passenger - an individual who has concluded a contract of carriage with the carrier orally or in writing;

5) 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 units of vehicles indicated in the insurance policy, and is valid for only one insured individual;

6) civil liability of the owner of the vehicle - the obligation of individuals and legal entities established by the civil legislation of the Republic of Kazakhstan to compensate for the harm caused to life, health and (or) property of third parties as a result of the operation of the vehicle as a source of increased danger;

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

8) the owner of the vehicle - a natural or legal person who owns the vehicle on the basis of the right of ownership, the right of economic management or the right of operational management or any other legal basis (a lease agreement, by virtue of an order of the competent authority on the transfer of the vehicle, etc.);

9) traffic accident - an incident that occurred during the operation of the vehicle and with its participation, as well as the movement of parts separated from the vehicle and the cargo located on it, as a result of which harm was caused to third parties;

10) beneficiary - a person who, in accordance with this Law, is the recipient of an insurance payment;

11) 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, resolving disputes between participants in the 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 object of insurance is insured and which represents the maximum amount of liability of the insurer in the event of an insured event;

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

14) insurance payment - the amount of money paid by the insurer to the insured (beneficiary) within the sum insured upon the occurrence of an insured event;

15) insurer - a legal entity that has received a license for the right to carry out insurance activities in the territory of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan, 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 is concluded (beneficiary), within the amount determined by the contract (sum insured);

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

17) policyholder - a person who has entered into an insurance contract with an insurer. Unless otherwise provided by the insurance contract, the policyholder is simultaneously the insured;

18) standard contract - a contract of compulsory civil liability insurance of vehicle owners, concluded by an individual or legal entity that is the owner of the vehicle specified in the insurance policy and is valid for one or more insured persons;

19) direct settlement - a mechanism for settling an insured event, in which compensation for harm caused to life, health and (or) property of the victim in a traffic accident is carried out by the insurer with which the victim has concluded an agreement on compulsory insurance of civil liability of vehicle owners within the scope responsibility under this Law.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the enforcement procedure); as amended by the laws of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced ten calendar days after its first official publication); dated December 29, 2014 No. 269-V (shall be enforced from January 1, 2015); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); 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 10.01.2018 No. 134-VI (shall be enforced six months after the day 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 insurance of civil liability 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 other rules than those provided for by this Law, then the rules of the international treaty shall apply.

Article 3. The object of compulsory insurance of civil liability of vehicle owners

The object of compulsory insurance of civil liability of vehicle owners (hereinafter - compulsory liability insurance of vehicle owners) is the property interest of the insured person associated with his obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for harm caused to life, health and (or) property of third parties. persons as a result of the operation of the vehicle as a source of increased danger.

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

1. The purpose of compulsory liability insurance of vehicle owners is to ensure the protection of the property interests of third parties whose life, health and (or) property is damaged as a result of the operation of vehicles, through the implementation of insurance payments.
2. The main principles of compulsory liability insurance of vehicle owners are:

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

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

ensuring the fulfillment by the parties of their obligations under the contract of compulsory liability insurance of vehicle owners;

economic interest of vehicle owners in improving road safety.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 5. Persons whose civil liability is subject to compulsory insurance

1. Mandatory insurance is subject to civil liability of owners:

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 subdivisions of the authorized body for ensuring road safety, as well as trams and trolleybuses;

2) temporarily entered (imported) into the territory of the Republic of Kazakhstan;

3) vehicles specified in subparagraphs 1) and 2) of this paragraph, delivered on their own from manufacturing organizations, repair and trade organizations, customs control authorities to the place of registration, as well as deregistered by a subdivision of the authorized body for ensuring road safety in connection with a change in the owner's place of residence or a change in ownership.

1. The civil liability of the vehicle owner is subject to insurance for each unit of the vehicle operated by him.

The conclusion of a contract of voluntary insurance of civil liability of vehicle owners does not relieve the owner of the vehicle from the obligation to conclude a contract of compulsory liability insurance of vehicle owners.

1. The contract of compulsory liability insurance of vehicle owners is not concluded in case of entry into the territory of the Republic of Kazakhstan of a vehicle registered in another state, the owner of which has entered into a contract of liability insurance of vehicle owners recognized by the Republic of Kazakhstan in accordance with the terms of an international agreement concluded between this state and 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 accounting (with the exception of trams and trolleybuses) in the subdivisions of the authorized body for ensuring road safety in accordance with the legislation of the Republic of Kazakhstan.
3. The civil liability of a person driving a vehicle by virtue of the performance of his official or labor duties, including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the owner of the vehicle on the basis of his will without a written form, is not subject to compulsory insurance. deals.

Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the enforcement procedure); dated April 17, 2014 No. 195-V (shall be enforced six months after the day 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 the authorized body) in accordance with the legislation of the Republic of Kazakhstan.
2. State control over the fulfillment by vehicle owners of the obligation to conclude a compulsory liability insurance contract for vehicle owners established by this Law is carried out by subdivisions of the authorized body for ensuring road safety when registering vehicles and exercising their other powers in the field of monitoring compliance with traffic rules, 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 contract of compulsory liability insurance of vehicle owners established by this Law is carried out at automobile checkpoints across the State Border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, by state revenue bodies.

Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; No. 128 dated February 20, 2006 (see Article 2 for the procedure for enactment); dated 11.07.2009 No. 185-IV (shall be enforced from 30.08.2009); No. 238-IV dated 06.01.2010 (see Article 2 for the order of entry into force); dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2011); dated 24.01.2011 No. 399-IV (shall be enforced from 01.01.2012); dated 05.07.2012 No. 30-V (shall be enforced ten calendar days after its first official publication); dated April 17, 2014 No. 195-V (shall be enforced six months after the day of its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); dated December 26, 2017 No. 124-VI (shall be enforced from January 1, 2018).

Article 7

1. Operation of the vehicle in case of failure to conclude a contract of compulsory liability insurance of vehicle owners is not allowed.
2. Subdivisions of the authorized body for ensuring road safety and bodies of transport control, when checking documents, are obliged to check the fulfillment by the owners of vehicles of the obligation to conclude an agreement on compulsory liability insurance of vehicle owners.

Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Article 8

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

Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced 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 15.07.2010 No. 338-IV (shall be enforced from 01.01.2011).

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 15.07.2010 No. 338-IV (shall be enforced from 01.01.2011).

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 15.07.2010 No. 338-IV (shall be enforced from 01.01.2011).

Article 9. Information interaction

1. The internal affairs bodies issue one copy to the participants in the traffic accident or their representatives, as well as to insurance organizations, the insurance ombudsman, at their request, documents confirming the fact of the occurrence of an insured event, as well as a case of harm to the life and health of the victim by a person who fled the scene of a transport accident, in including a copy of the protocol on violation of traffic rules with a diagram of the incident.
2. Internal affairs bodies, prosecution authorities, courts, healthcare organizations, other state bodies and organizations that have information about a traffic accident and its consequences are required to provide this information to the insurer, insurance ombudsman and the Insurance Benefits Guarantee Fund when they apply.
3. If it is impossible for the policyholder (insured person), victims or their heirs to report on the occurrence of a traffic accident, the subdivisions of the authorized body for ensuring road safety 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 day of its first official publication); as amended by the Laws of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (shall be enforced ten calendar days after the day of its first official publication); dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Chapter 3. Compulsory insurance contract
responsibility of vehicle owners

Article 10

1. Compulsory liability insurance of vehicle owners is carried out on the basis of an agreement concluded between the insured and the insurer in accordance with this Law.
2. The contract of compulsory liability insurance of vehicle owners provides for the implementation of insurance payments for obligations arising from damage to life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including the loss of the commodity value of the property, as well as compensation for the penalty in connection with with violation by the victim of the terms of delivery of goods or production of works (rendering of services), his other obligations under contracts (contracts).
3. The contract of compulsory liability insurance of vehicle owners must be concluded only with an insurer licensed to carry out activities in this type (class) of compulsory insurance.

The policyholder is free to choose the insurer.

The insurer is not entitled to refuse the policyholder to conclude a contract of compulsory liability insurance of vehicle owners.

Under the contract of compulsory liability insurance of vehicle owners, the insured undertakes to pay an insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the beneficiary in the amount, procedure and terms established by this Law.

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

1) standard;

2) complex.

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

The basis for the conclusion of a contract of compulsory liability insurance of vehicle owners is the application of the insured, containing the data necessary for calculating the insurance premium and identifying the insured, the insured.

5-1. An agreement on compulsory liability insurance of vehicle owners, at the request of the insured, can be concluded by writing to the insurer or by exchanging information between the insured 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 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).
2. If the insurer has entered into a contract of compulsory liability insurance of vehicle owners on terms that worsen the situation of the insured (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall be liable to the insured (insured) and the victim on the 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 lump sum payment.
4. The conclusion of an agreement on compulsory liability insurance of vehicle owners at the places of their mandatory technical inspection and registration subdivisions of the authorized body for ensuring road safety is carried out only with an organization providing financial services in these places, providing agency services of insurance companies.

Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated 24.01.2011 No. 399-IV (shall be enforced from 01.01.2012); dated April 17, 2014 No. 195-V (shall be enforced six months after the day of its first official publication); dated 09.04.2016 No. 499-V (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 02.07.2018 No. 166-VI (shall be enforced 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 operated vehicle.
3. The insurance policy must contain information about the insured (insured, insured) and the vehicle being used.
4. Under a standard contract, the civil liability of the insured (insured) arising as a result of harm to third parties by the insured (insured) himself or in the event of:

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

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

1. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the procedure for enactment).

Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the enforcement procedure); dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 12. Complex agreement

1. Under a complex contract, the civil liability of an individual who owns two or more units of vehicles can be insured.
2. A comprehensive contract is concluded for all operated vehicles.
3. The insurance policy must contain information about the insured (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 (see Article 2 for the procedure for enactment).
5. Under a comprehensive contract, the civil liability of the insured (insured) arising as a result of causing harm to third parties by the insured (insured) himself or in the event of:

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

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

1. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the procedure for enactment).

Footnote. Article 12 as amended by the laws of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV (see Article 2 for the procedure for enactment); dated 02.07.2018 No. 166-VI (shall be enforced 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 of vehicle owners in electronic form

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

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

1. The procedure for the exchange of electronic information resources between the insured (insured, beneficiary) and the insurer is established by the 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 ensure:

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

2) the possibility of checking by the insured information under the contract of compulsory liability insurance of vehicle owners through the information system of the organization for the formation and maintenance of the database;

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

4) the possibility for the policyholder (insured person, 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 the contract of compulsory liability insurance of vehicle owners;

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

notification of an insured event;

assessment of the amount of harm caused;

receiving an insurance payment.

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

The requirements for the procedure and content of a notice on the conclusion of a contract of compulsory liability insurance of 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 insured on the conditions proposed by the insurer from the date of payment by the insured of 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 for vehicle owners.
2. When concluding a contract of compulsory liability insurance of vehicle owners using the insurer's Internet resource, the insured pays the insurance premium (the first insurance premium in case of payment of the insurance premium in installments) after reading the terms of insurance provided for by this Law, thereby confirming his consent to conclude this contract of accession on the terms offered to him.
3. The insurer ensures the possibility of concluding compulsory liability insurance contracts for vehicle owners using the insurer's Internet resource around the clock.
4. It is not allowed for insurance agents to conclude contracts for compulsory liability insurance of vehicle owners using information systems of insurance organizations designed to conclude insurance contracts in electronic form through information interaction between the insured and the insurer.

Footnote. Chapter 3 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Article 13

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 who are in the vehicle of the insured (insured) who is guilty of causing harm, with the exception of:

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

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

Note RCPI!
Changes in paragraphs. 3) come into force from 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 insured (insured), if the legislative acts of the Republic of Kazakhstan impose on the insured (insured) as an employer the obligation to insure the employee against accidents in the performance of his labor (service) duties.

1. The contract of compulsory liability insurance of vehicle owners enters 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.

An agreement on compulsory liability insurance of vehicle owners must be concluded from the moment an individual or legal entity acquires the right to own a vehicle, but no later than ten working days from the moment of state registration (re-registration) of this vehicle in the subdivisions of the authorized body for ensuring road safety.

1. It is allowed to conclude an agreement on compulsory liability insurance of vehicle owners for a period other than that provided for in paragraph 3 of this article:

1) during seasonal operation of the vehicle, but not less than six months;

2) with creditors (insurants) of a forcibly liquidated insurance organization participating in the system of guaranteeing insurance payments;

3) in the cases provided for by subparagraph 3) of paragraph 1 of Article 5 of this Law for a period preceding the state registration of the vehicle, but not less than five calendar days;

4) in case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan for the entire period of temporary entry, but not less than five calendar days.

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

Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (see Article 2 for the enforcement procedure); No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated April 17, 2014 No. 195-V (shall be enforced six months after the day 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 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

1. When making an insurance payment, the insurer, within one working day, informs the insured and the organization for the formation and maintenance of the database about the termination of the contract of compulsory liability insurance of vehicle owners. At the same time, the owner of the vehicle (if it has not been destroyed) is obliged to conclude a contract of compulsory liability insurance of vehicle owners for a new period of his choice with any insurer entitled to this class (type) of compulsory insurance.

Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (see Article 2 for the enforcement procedure); dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 15

1. The contract of compulsory liability insurance of vehicle owners is terminated ahead of schedule in cases established by the Civil Code of the Republic of Kazakhstan.
2. For the early termination of the contract of compulsory liability insurance of vehicle owners, the policyholder (in the event of the death of the policyholder - his heir (heirs) submits a written application to the insurer.
3. In case of early termination of the contract of compulsory liability insurance of owners and the conclusion of a new contract of compulsory liability insurance of vehicle owners with the same insurer, the insurer has the right to withhold a part of the insurance premium calculated according to the following formula:

NSP = SP * n/N, where:

NSP - the amount of the insurance premium withheld by the insurer (in tenge);

SP - the amount of the insurance premium paid under the contract of compulsory liability insurance of vehicle owners (in tenge);

n - the period that has elapsed since the entry into force of the contract of compulsory liability insurance of vehicle owners until the moment of its early termination (in days), including the day of application;

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

1. In case of non-compliance with the condition provided for in paragraph 3 of this article, the insurer has the right to withhold a part of the insurance premium upon early termination of the contract of compulsory liability insurance of vehicle owners in the following amounts:

№	Time elapsed since entry by virtue of an agreement owners liability insurance vehicles until early termination	Insurance amount premium held insurer (in percent of 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 (see Article 2 for the procedure for enactment); as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 16. Rights and obligations of the insured

1. The insured has the right:

1) demand from the insurer an explanation of the terms of compulsory liability insurance of vehicle owners, their rights and obligations under the contract of compulsory liability insurance of vehicle owners;

1-1) request from the organization for the formation and maintenance of a unified database on insurance (hereinafter referred to as the database) information on the presence in the database of information on the contract of compulsory liability insurance of vehicle owners concluded by the insured with the insurer, whose duties include entering information on him to the database. This right also applies to the insured;

2) excluded by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019);
3) excluded by the Law of the Republic of Kazakhstan dated 10.01.2018 No. 134-VI (shall be enforced six months after the day 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) prematurely terminate the contract of compulsory liability insurance of vehicle owners;

6) send an 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, representative office);

7) receive an insurance payment in the cases provided for by this Law.

The contract of compulsory liability insurance of vehicle owners may also provide for other rights of the insured that do not contradict the civil legislation of the Republic of Kazakhstan.

1. The insured is obliged:

1) when concluding a contract of compulsory liability insurance of vehicle owners, provide the insurer with information about yourself, each insured person included in the insurance policy, vehicle (vehicles) (vehicles), double insurance, seasonal operation of the vehicle, temporary entry into the territory of the Republic of Kazakhstan and the right to to reduce the amount of the insurance premium in the manner prescribed by this Law, necessary to include in the application and copies of the necessary documents confirming the information specified in the application;

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

3) immediately, but no later than three working days, as he became aware of the occurrence of a traffic accident and an insured event, notify the insurer with whom the contract of compulsory liability insurance of vehicle owners has been concluded in an accessible way (orally, in writing). An oral communication must be subsequently (within seventy-two hours) confirmed in writing. In cases where the policyholder and the insured are not the same person, the obligation to inform the insurer about the occurrence of an insured event rests with the insured. If the policyholder (insured person) for valid reasons was not able to perform the specified actions, he must document this;

4) when a traffic accident is committed, inform the victims and employees of the authorized body for ensuring road safety the name and location of the insurer with which the contract of compulsory liability insurance of vehicle owners has been concluded;

5) in the event of a transport accident, take reasonable and available measures in the circumstances to prevent or reduce possible losses, including measures to save property and provide assistance to injured persons;

6) inform the relevant authorities and organizations based on their competence (subdivisions of the authorized body for ensuring road safety, state fire service authorities, ambulance service, emergency services) about the traffic accident and injured persons;

6-1) in the event of a traffic accident, immediately, but no later than two hours from the moment of receiving a written referral from an authorized official, undergo a medical examination to establish the fact of using a psychoactive substance and the state of intoxication in accordance with the requirements of the legislation of the Republic of Kazakhstan;

7) immediately, but no later than two working days from the date of notification, to the insurer about the occurrence of an insured event, notify the victim about this;

8) ensure the transfer to the insurer of the right to claim back against the person responsible for the occurrence of the insured event.

The contract of compulsory liability insurance of vehicle owners may also provide for other obligations of the insured that do not contradict the laws of the Republic of Kazakhstan.

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

Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 34-IV dated 26.05.2008 (see Article 2 for the order of entry into force); No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated 15.07.2010 No. 338-IV (shall be enforced from 01.01.2011); dated April 17, 2014 No. 195-V (shall be enforced six months after the day of its first official publication); dated 02.07.2018 No. 166-VI (the order of entry into force, see Article 2); dated 10.01.2018 No. 134-VI (shall be enforced six months after the day 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 insured to provide the information necessary to enter into the contract of compulsory liability insurance of vehicle owners in accordance with this Law, including information on previous contracts of compulsory liability insurance of vehicle owners, insured events and insurance payments;

2) request from the relevant state bodies and organizations, based on their competence, documents confirming the fact of the occurrence of an insured event and the amount of harm caused to the victims;

3) establish the causes and other circumstances of the transport accident;

4) (deleted - dated 07.05.2007 No. 244);

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

6) refuse to make an insurance payment, as well as compensation for the harm caused in the manner prescribed by Article 26-1 of this Law, in whole or in part on the grounds provided for in Article 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 person) with the conditions 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 an agreement on compulsory liability insurance of vehicle owners, issue an insurance policy to the insured (insured person);

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

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

5) upon receipt of a message about a traffic accident, immediately register it;

5-1) within a working day from the date of receipt of a written request from the victim or a person who, in accordance with the laws of the Republic of Kazakhstan, has the right to compensation for harm in connection with the death of the victim, submit in writing information on the conclusion of an agreement on compulsory liability insurance of vehicle owners (last name, first name, patronymic (if it is indicated in the identity document) of the insured, state registration number of the vehicle, number and date of conclusion) by the insured who is the perpetrator of the traffic accident, if there is a document confirming the insured event;

6) within the time limits and in the manner established by this Law, on an application for determining the amount of damage caused to property, the insured (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 familiarization beneficiary;

6-1) if the documents confirming the fact of the occurrence of the insured event and the amount of damage subject to compensation by the insurer are insufficient, inform the applicant about this within three working days from the date of their receipt, 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 claim for compensation for the harm caused in the manner prescribed by Article 26-1 of this Law, to make compensation for the damage caused in the amount, procedure and terms established by this Law;

7-2) upon receipt of an application from the insured (injured, beneficiary) to consider the requirements of the insured (injured, 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 (injured, beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

8) reimburse the insured (insured) for the expenses incurred by him in order to prevent or reduce losses in the event of an insured event;

9) ensure the secrecy of insurance.

The contract of compulsory liability insurance of vehicle owners may also provide for other obligations of the insurer that do not contradict the laws of the Republic of Kazakhstan.

Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated February 20, 2006 No. 128 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); 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 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication).

Article 18. Rights of the victim

1. The victim has the right:

1) inform the insurer about the traffic accident, as a result of which he was harmed by the insurant (insured person);

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

3) excluded by the Law of the Republic of Kazakhstan dated 10.01.2018 No. 134-VI (shall be enforced six months after the day 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 life, health and (or) property of the victim, to confirm the information about the existence of a contract of compulsory liability insurance of 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 this person in the manner prescribed by 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 on the provision of information on the presence or absence of a contract of compulsory liability insurance of vehicle owners (last name, first name, patronymic (if it is indicated in the identity document) of the insured, the state registration number of the vehicle means, number and date of conclusion) of the person guilty of causing harm to life, health and (or) property of the victim, if there is a document confirming the insured event;

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

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

6) send an 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 the damage caused to the owner of the vehicle in the amount of the excess of the amount of damage caused over the amount of the received insurance payment.

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

Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); 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 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication).

Article 18-1. Independent Expert Accreditation Rules

Footnote. Article 18-1 is excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016).

Chapter 4. Insurance premiums

Article 19. The amount of the insurance premium

1. To calculate the annual insurance premium payable upon conclusion of a contract of compulsory liability insurance of vehicle owners, the basic insurance premium is used, to which, depending on the place of registration of the vehicle, type of vehicle, age and driving experience of the insured (insured), the period of operation 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 size of the insurance premium on other grounds not provided for by this Law is not allowed.

1. The basic insurance premium is set at 1.9 monthly calculation indices.
2. The coefficients for the territory of registration of the vehicle are set as follows:

No. p / p	Name of the region, city of republican significance, capital	The size of the coefficient for the territory of registration of the vehicle (for the capital, cities of republican and regional significance)
1	2	3
1.	Alma-Ata's region	1,78
2.	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 settlements in the areas specified in paragraph 3 of this article, an additional correction factor of 0.8 is used to calculate the annual insurance premium.
2. In case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan, a coefficient for the territory of registration in the amount of 4.4 is applied.

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

1. Coefficients by type of vehicle are set as follows:

№ p/n	Transport type facilities	Classification according to with legal act of the Ministry Republic of the Interior Kazakhstan	The 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 other than seating driver	3,26
3.	Buses over 16 passenger seats	"D" - cars, intended for transportation passengers and having more than 8 seating other than seating driver	3,45
4.	Freight	"C" - trucks, the gross weight 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" - compositions of transport means with tractors, categorized vehicles "B", "C" or "D"	1,00

1. Coefficients depending on age and driving experience are set for individuals in the following amount:

1. For legal entities, the coefficient provided for in paragraph 7 of this article is set at 1.2.
2. The coefficients depending on the period of operation of the vehicle are set as follows:

1. Coefficients under the "bonus-malus" system with the assignment of the appropriate class at the end of the insurance period are set as follows:

class on Start period of insurance vaniya	Coefficient Size	Class at the end of the insurance period, taking into account the presence of insured events due to the fault of the insured (of the 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
Grade 8	0,75	9	5	2	M	M
Class 9	0,70	10	5	2	1	M
Class 10	0,65	11	6	3	1	M
Class 11	0,60	12	6	3	1	M
Class 12	0,55	13	6	3	1	M
Class 13	0,50	13	7	3	1	M

Calculation of the class according to the "bonus-malus" system assigned to the insured (insured) is carried out annually in the manner prescribed by the regulatory legal act of the authorized body.

1. The basis for the application by the insurer of coefficients according to the "bonus-malus" system is an insurance report containing information about the class assigned to the insured (insured person), received by the insurer from the database.

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

The insurer is obliged not later than three working days from the date of conclusion of the contract of compulsory liability insurance of vehicle owners to notify the organization for the formation and maintenance of the database, and the authorized body.

1. When concluding a contract of compulsory liability insurance of vehicle owners for the first time, the policyholder is assigned class 3.
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, except for cases of temporary entry into the territory of the Republic of Kazakhstan, the amount of insurance premiums per vehicle unit is calculated according to the following formula:

SP = GSP * n/N, where:

SP - the amount of the insurance premium under the contract of compulsory liability insurance of vehicle owners, concluded for a period of less than twelve months (in tenge);

GSP - the size of the annual insurance premium (in tenge);

n is the term for concluding an agreement on compulsory liability insurance of vehicle owners (in days);

N - 365 days (in a leap year 366 days).

In case of temporary entry into the territory of the Republic of Kazakhstan, the amount of the insurance premium per vehicle unit is calculated according to the following formula:

SP \u003d GSP * K, where:

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

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

14-1. When concluding an agreement on compulsory liability insurance of vehicle owners for the period of temporary entry into the territory of the Republic of Kazakhstan, the following coefficients are established:

№ p/n	The term of insurance in the implementation of compulsory insurance of civil liability of owners of vehicles registered in foreign states and temporarily used on the territory of the Republic of Kazakhstan	Coefficient
1	up to 15 days (inclusive)	0,2
2	from 16 days to 1 month	0,3
3	2 months	0,4
4	3 months	0,5
5	4 months	0,6
6	5 months	0,65
7	6 months	0,7
8	Seven months	0,8
9	8 months	0,9
10	9 months	0,95
11	10 months or more	1

1. Under a complex contract, the insurance premium is paid for one unit of the vehicle, while the amount of the insurance premium is determined to be 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 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 (see Article 2 for the enforcement procedure); as amended by the Laws of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); 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 December 28, 2018 No. 210-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 20. Reducing the amount of insurance premiums

1. Owners of vehicles - participants in the Great Patriotic War and persons equated to them, disabled people of groups I and II, pensioners, when concluding a standard contract, pay insurance premiums in the amount of fifty percent of the insurance premium payable, calculated in accordance with Article 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 the compulsory liability insurance of vehicle owners is carried out without providing such benefits.

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 not more than ten percent of the insurance premium payable, calculated in accordance with Article 19 of this Law.

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

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 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Article 20-1. Additional services provided by the insurer

The insurer has the right, subject to the consent of the insured, to provide additional paid services related to the provision of assistance in the event of a traffic accident, including the provision of a vehicle to the insured (insured) for the period of repair of a damaged vehicle, the provision of services for the collection of documents necessary for making an insurance payment, departure to the place a transport accident by a representative of the insurer (accident commissioner) to assist the insured.

Article 21. Procedure for payment of insurance premiums

1. Unless otherwise provided by the contract of compulsory liability insurance of vehicle owners, the insurance premium shall be paid by the insured in a single payment.
2. The insurer has the right to provide for the payment of the insurance premium in installments in the contract of compulsory liability insurance of vehicle owners. In this case, the insurer shall be liable to the insured during the entire period of validity of the contract of compulsory liability insurance of vehicle owners. Non-payment by the insured of 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 in a non-cash way through the insurer's Internet resource.

1. In case of untimely payment of the next insurance premium, the insured 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 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

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

Article 22. Definition of an insured event and the amount of damage caused

1. An insured event is the fact of the onset of civil liability of the insured for compensation for harm caused to life, health and (or) property of persons recognized as victims as a result of the operation by the insured of the vehicle specified in the contract of compulsory liability insurance of vehicle owners.
2. The amount of harm caused to the life and health of the victim is determined in accordance with this Law on the basis of documents issued by the relevant organizations.
3. The amount of damage caused to property is determined by the insurer within ten working days on the basis of an application for determining the amount of damage in the form established by the regulatory legal act of the authorized body.

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

The beneficiary, whose property has been damaged, is obliged to keep this property in the same condition as it was after the traffic accident, until he or the insured (insured) submits an application for determining the amount of damage to the insurer, and also within ten working days from the date of submission of the said application provide an opportunity for the insurer to inspect the damaged property.

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 insurant (insured person) or the victim (beneficiary) or their representatives may use the services of an appraiser and begin restoration (utilization) of the property. The costs of the appraiser's services incurred by the insured (insured) or the injured (beneficiary) or their representatives shall be reimbursed by the insurer, regardless of the insurance payment.

The 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 for making insurance payments 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 is not entitled to withhold from the insurance payment due to the beneficiary, its own expenses related to determining the amount of damage.
3. Intentional creation of an insured event, as well as other fraudulent actions aimed at illegally obtaining insurance payments, entail liability in accordance with the Criminal Code of the Republic of Kazakhstan.

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 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication); dated 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication).

Article 22-1. Actions of persons in the event of a transport accident in the absence of victims who have been harmed to life, health

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

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

Footnote. The Law is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 07.05.2007 No. 244; as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (see Article 2 for the enforcement procedure).

Article 23. Special conditions for determining the amount of damage 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 heading of Article 24 is as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016).

1. The maximum amount of liability of the insurer for one insured event (sum insured) is (in monthly calculation terms):

1) for harm caused to the life or health of each victim and entailed:

death - 2000;

disability determination:

I group - 1600,

II group - 1200,

III group - 500;

disabled child - 1000;

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

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

3) for damage caused simultaneously to the property of two or more victims - in the amount of the damage caused, but not more than 600 for each victim. At the same time, the total amount of insurance payments to all victims cannot exceed 2,000. In case the amount of damage exceeds the maximum amount of liability of the insurer, the insurance payment to each victim is made in proportion to the degree of damage caused to his property.

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 the insurance payment, a monthly calculation indicator is used, established in accordance with the legislative act of the Republic of Kazakhstan, on the day the insurance payment is made.
3. Expenses incurred by the policyholder (insured person) in order to prevent or reduce losses are subject to reimbursement by the insurer if such expenses were necessary or incurred to fulfill the instructions of the insurer, even if the corresponding measures were unsuccessful.

Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and reimbursement of expenses should not exceed the maximum amount of liability established by the contract of compulsory liability insurance of vehicle owners. If the expenses have arisen as a result of the execution by the policyholder of the instructions of the insurer, they are reimbursed in full, regardless of the 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 is insufficient to fully compensate for the harm caused, the insurant shall compensate the victim for the difference between the sum insured and the actual amount of harm.
2. In the event of the death of the victim, the person who carried out the burial of the victim shall be reimbursed by the insurer for the burial costs in the amount of one hundred monthly calculation indices.

Footnote. Article 24 as amended by the laws of the Republic of Kazakhstan dated 20.02.2006 No. 128 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); dated 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 25. General conditions for making an insurance payment

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

At the request of the applicant, the claim for insurance payment can be sent in electronic form with the documents necessary for the implementation of the 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 the 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 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication);

2) a document confirming the occurrence of an insured event and the amount of damage caused to the victims;

3) a copy of the certificate of healthcare organizations on the period of temporary disability of the victim in the event of a fact of causing harm to the life, health of the victim or a certificate from specialized institutions on the establishment of the disability of the victim - if it is established;

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

4-1) a document confirming the right of the beneficiary to compensation for harm (copy);

4-2) an application for determining the amount of damage 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 (shall be enforced from January 1, 2016);

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

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

8) is excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016).

The request by the insurer of additionally other documents from the insured (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 person, beneficiary) sends an application for insurance payment electronically, the insurer may submit this certificate to him in electronic form.

When the applicant personally applies to the insurer, one copy of the certificate is issued to the applicant, the second copy with the applicant's mark in its receipt remains with the insurer.

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

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

1. At the request of the victim, executed in writing, or a notarized power of attorney, the insurance payment can be made directly to the person who provided (provides) services to restore health and (or) property to him.
2. Insurance payment for harm caused to the life and health of the victim is carried out regardless of the amounts due to him (persons entitled to compensation for harm) under other insurance contracts.
3. When making an insurance payment, the insurer is not entitled to demand from the beneficiary the acceptance of conditions that limit his right to claim against the insurer.
4. The insurer has the right to property or its remains in the event that he makes an insurance payment in the amount of the market value of this property on the day of the insured event.
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 authorities, 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 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated December 29, 2014 No. 269-V (shall be enforced from January 1, 2015); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016); dated 02.07.2018 No. 166-VI (the order of entry into force, see Article 2); dated 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication).

Article 26

1. The insurance payment is made by the insurer within fifteen working days from the date of receipt by him of the documents provided for 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 start the insurance payment within seven working days from the date of receipt of the documents of all the victims, but no later than 15 calendar days from the date of receipt of the documents from the victim who was the first to submit the documents to the insurer, regardless of the submission of documents by other insured persons.

1. If, as a result of the event that led to the occurrence of the insured event, the victim suffers a deterioration in health (disability or a higher disability group is established) or death, then the insurer, on the basis of the application received from the victim (beneficiary) and the relevant documents, is obliged to recalculate the amount of insurance payment in the manner and the amount established by this Law. In this case, when recalculating the amount of insurance payment, the previously paid amounts are taken into account.
2. In case of untimely implementation of the insurance payment, the insurer is obliged to pay the beneficiary a penalty in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan No. 128 dated 20.02.2006 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (see Article 2 for the order of entry into force).

Article 26-1. Direct Settlement

1. Upon the occurrence of an insured event, the victim or a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for harm in connection with the death of the victim, in order to receive compensation for the harm caused, has the right to apply to the insurer that insured the liability of the victim under the contract of compulsory liability insurance of vehicle owners, provided that the person through whose fault the insured event occurred, the contract of compulsory liability insurance of vehicle owners.

The victim, who is not the owner of the damaged property, shall apply to the insurer of the person through whose fault the insured event occurred, in the manner prescribed by this Law.

1. Compensation for the harm caused is made by the insurer within seven working days from the date of receipt of the documents provided for in subparagraphs 1), 2), 3), 4), 4-1), 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, is not for him the fulfillment of obligations under the contract of compulsory insurance of civil liability of vehicle owners concluded with the victim and the insurance payment.

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

Footnote. The Law is supplemented by Article 26-1 in accordance with the Law of the Republic of Kazakhstan dated 07.05.2007 No. 244; 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 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication); dated 10.01.2018 No. 134-VI (shall be enforced six months after the day of its first official publication).

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

When a person is harmed by several vehicles, the owners of which have contracts of compulsory liability insurance of vehicle owners, the beneficiary has the right to receive an insurance payment separately for each of them. Each insurer makes an insurance payment within the scope of liability established by this Law and in proportion to the amount of liability of the insured. At the same time, the total amount of the insurance payment made by all insurers must not exceed the amount of real harm caused to the victim, and the maximum amount of liability provided for each insurer.

Article 28

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

1) the civil liability of the insured (insured) has arisen as a result of his intentional actions aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;

2) the civil liability of the policyholder (insured person) has arisen as a result of driving a vehicle while under the influence of alcohol, drugs or substance abuse;

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

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

5) the vehicle is used for purposes other than its technical purpose;

6) the policyholder (insured person) deliberately failed to take measures to reduce losses from an insured event;

7) the person driving the vehicle has fled the scene of the traffic accident;

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

1. If in the cases listed in paragraph 1 of this article, the perpetrator of the harm caused is a person who operates the vehicle by virtue of labor relations with its owner or in the presence of its owner without a written transaction, the insurer has the right to claim back against the owner of this vehicle.
2. The insurer that made the insurance payment shall, within the limits of the amount paid by him, transfer the right of a return claim, which the insured (insured person) has against the person responsible for the losses compensated by the insurer as a result of insurance. At the same time, if it is established that the insured event occurred due to road conditions caused by unsatisfactory maintenance of roads and structures on them, the right of claim that the owner of the vehicle has to the person guilty of creating such conditions passes to the insurer who made the insurance payment.

Footnote. Article 28 as amended by the laws of the Republic of Kazakhstan dated 07.05.2007 No. 244; dated December 30, 2009 No. 234-IV (see Article 2 for the order of entry into force).

Article 29

1. The insurer has the right to fully or partially refuse the insurance payment if the insured event occurred as a result of:

1) intentional actions of the beneficiary aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;

2) the actions of the beneficiary, recognized in the manner prescribed by the legislative acts of the Republic of Kazakhstan, as intentional criminal or administrative offenses that are in a causal connection with the insured event.

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

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

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

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

4) causing damage when loading or unloading a vehicle;

5) causing damage to the property of the victim in the form of money, securities, gold, silverware, jewelry, jewelry, works of art or other valuables;

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

1. If there are grounds for refusing to make an insurance payment, the insurer is obliged, within seven working days from the date of receipt of the application and all the documents provided for in paragraph 2 of Article 25 of this Law, to send the applicant an appropriate decision on the full or partial refusal of the 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 (see Article 2 for the procedure for enactment).
3. The insurer shall be released from making the insurance payment if the insured event occurred as a result of:

1) the impact of a nuclear explosion, radiation or radioactive contamination;

2) military operations;

3) civil war, civil unrest of any kind, riots or strikes.

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

1. The insurer is not entitled to refuse the insurance payment on the grounds not provided for by this article.

Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan No. 128 dated February 20, 2006 (see Article 2 for the enforcement procedure); dated 07.05.2007 No. 244; No. 234-IV dated December 30, 2009 (see Article 2 for the order of entry into force); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated November 24, 2015 No. 422-V (shall be enforced from January 1, 2016).

Article 29-1. Peculiarities of Settlement of Disputes on Compulsory Insurance of Civil Liability of Vehicle Owners

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

send to the insurer (including through the 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 contract of compulsory liability insurance of vehicle owners.

1. Upon receipt of an application from the insured (injured, beneficiary), the insurer, within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.
2. If the insured (injured, beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the insured, injured (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 02.07.2018 No. 166-VI (shall be enforced 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 prescribed 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 07.05.2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced 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 02.07.2018 No. 166-VI (shall be enforced ten calendar days after the day of its first official publication).

Article 30-3. 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 07.05.2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced 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 07.05.2007 No. 244; excluded by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced 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 insurance of the liability of vehicle owners shall be liable under the laws of the Republic of Kazakhstan.

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

In order to ensure compensation for harm to third parties caused by the owners of vehicles participating in cross-border movement, as well as to simplify the regime for the movement of vehicle owners across state borders, the participation of the Republic of Kazakhstan in international systems of compulsory insurance of civil liability of vehicle owners is allowed in the manner prescribed by the legislation of the Republic of Kazakhstan .

Footnote. The Law is supplemented by Article 32 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2009 No. 234-IV (see Article 2 for the procedure for enactment).

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