of September 27, 2018 No. 1455
About approval of the standard agreement of insurance of professional responsibility of lawyers
According to the subitem 19) article 23 of the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid" PRIKAZYVAYU:
1. Approve the enclosed Standard agreement of insurance of professional responsibility of lawyers.
2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order;
2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.
3. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.
4. This order becomes effective since January 1, 2020 and is subject to official publication.
Minister
M. Beketayev
It is approved National Bank of the Republic of Kazakhstan "____" __________ 2018 |
|
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of September 27, 2018, No. 1455
City, ______ area series ____ No. _________ "__" _______ 20 ___ years
_____________________________________, hereinafter referred to as
(name of the insurer)
The insurer", acting on the basis of the ______________________, on behalf of
________________________________________________________________
(surname, name, otchetstvo (in the presence) representative of the insurer)
on the one hand, and the lawyer, hereinafter referred to as "Insurer", on behalf of
_______________________________________________________________,
(surname, name, otchetstvo (in the presence) lawyer)
being the member of _________________________________ Bar
(name of board)
on the other hand, jointly referred to as with the Parties, and separately - the Party, based on the Civil code of the Republic of Kazakhstan (Special part) (further the Civil code) of July 1, 1999, the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid", (further - the Law), the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" insurance of professional responsibility of lawyers (further - the Agreement) as follows signed this Agreement.
1. In this Agreement the following basic concepts are used:
1) the Beneficiary - person who according to this Agreement is receiver of insurance payment;
2) 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 person for benefit of whom this Agreement (Beneficiary), within the amount (insurance sum) determined by this Agreement is signed;
3) the Insurer - the lawyer who signed this Agreement with the Insurer;
4) Insured - person concerning whom insurance is performed. In this agreement Insurer at the same time is insured.
4-1) Insurance interest - valuable interest of the insurer (insured, the beneficiary) in prevention of risks and non-admission of loss occurrence, except for events which can be provided under the agreement of accumulative insurance;
5) object of insurance - the valuable interests of the Insurer (insured person) connected with its obligation according to the procedure, established by the legislation of the Republic of Kazakhstan to compensate the harm done to person who according to the agreement is given legal aid, in connection with implementation of lawyer activities;
6) insurance sum - amount of money for which object of insurance is insured and which represents limiting scope of responsibility of the Insurer in case of loss occurrence;
7) insurance premium - amount of money which the Insurer shall pay to the Insurer for adoption by the last of obligations to make insurance payment to the Beneficiary in the amount of, determined by this Agreement;
8) insurance payment - the amount of money paid by the Insurer Vygodopriobretatelyu within insurance sum in case of loss occurrence;
9) the third party - person, not being the agreement party which by the lawyer was given legal aid according to the agreement and non-intentional fault of professional obligations by the lawyer did harm to valuable interests.
2. Under this agreement the Insurer reports, and the Insurer accepts the valuable interests of the insurer (insured person) connected with its obligation according to the procedure on insurance, established by the legislation of the Republic of Kazakhstan, to compensate the harm done to the third parties who according to the agreement are given legal aid, as a result of implementation of lawyer activities.
3. The insurance sum is under this agreement determined in the amount of _________ (sum in words) of tenge according to Item 5 of article 36 of the Law.
4. The insurance premium in the amount of _______ (sum in words) of tenge will be paid by lump sum payment within 5 (five) working days from signature date of the Agreement the Parties or their authorized representatives by money transfer on the bank account of the Insurer or cash to cash desk of the Insurer.
5. Day of payment of insurance premium day of receipt of money for the bank account or in cash desk of the Insurer is considered.
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