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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 2005 No. 93-III ZRK

About compulsory ecological insurance

(as amended on 02-01-2021)

This Law governs the public relations arising in the field of compulsory ecological insurance and establishes legal, economic and organizational basis of its carrying out.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the victim - person, to life, health and (or) property of which harm as a result of emergency environmental pollution is done;

2) emergency environmental pollution - the sudden inadvertent environmental pollution caused by the accident which happened when implementing ecologically dangerous types of economic and other activity of physical and (or) legal entities and being emission in the atmosphere and (or) dumping of hazardous substances in water or dispersion of solid, liquid or gaseous pollutants on the site of the land surface in subsoil, or formation of smells, noise, vibrations, radiation, or the electromagnetic, temperature, light or other physical, chemical, biological harmful effects exceeding admissible level for this time;

3) compulsory ecological insurance - complex of the relations on property protection of legitimate interests of the physical and (or) legal entities (insured) in case of approach of civil responsibility according to the obligations arising owing to damnification of life, to health, property of the third parties and (or) the environment as a result of its emergency pollution;

4) the agreement of compulsory ecological insurance - the agreement signed between the insurer and the insurer on the conditions determined by this Law;

5) the beneficiary - person who according to this Law is receiver insurance payment;

6) insured event - event with which approach the agreement of compulsory ecological insurance provides implementation of insurance payment;

6-1) insurance омбудсман - the independent physical person in the activities performing settlement of disagreements between participants of the insurance market according to the Law of the Republic of Kazakhstan "About insurance activity";

7) insurance sum - amount of money for which object of compulsory ecological insurance is insured and which represents limiting scope of responsibility of the insurer in case of loss occurrence;

8) insurance premium - amount of money which the insurer shall pay to the insurer for adoption by the last of the obligation to make insurance payment to the beneficiary in the amount of, defined by the agreement of compulsory ecological insurance;

9) insurance payment - the amount of money paid by the insurer to the beneficiary within insurance sum in case of loss occurrence;

10) the insurer - the legal entity registered as insurance company and having the license for the right of implementation of insurance activity obliged to make in case of loss occurrence insurance payment to the beneficiary within the insurance sum defined by the agreement;

11) insured - person concerning whom compulsory ecological insurance is performed;

12) the insurer - the physical and (or) legal entity who is performing ecologically dangerous types of economic and other activity, signed the agreement of compulsory ecological insurance with the insurer;

13) the third parties - the subjects of legal relationship involved in the procedures following from compulsory ecological insurance and to which interests damage is caused;

14) authorized body - the central executive body in the field of environmental protection and its territorial subdivisions;

15) civil responsibility of the physical and (or) legal entities performing ecologically dangerous types of economic and other activity - the obligation of the physical and (or) legal entities performing ecologically dangerous types of economic and other activity established by the civil legislation of the Republic of Kazakhstan to compensate the harm done to life, health, property of the third parties and (or) the environment as a result of its emergency pollution;

16) ecologically dangerous type of economic and other activity - activities of physical and (or) legal entities which there results or can be emergency environmental pollution.

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