LAW OF THE REPUBLIC OF TAJIKISTAN

of August 7, 2020 No. 1719

About compulsory insurance of civil responsibility of owners of vehicles

Accepted by the Resolution MH MOPT of June 24, 2020, No. 131

Approved by the Resolution MM MORT of August 5, 2020, No. 64

This Law determines legal, economic and organizational basis of compulsory insurance of civil responsibility of owners of vehicles and is aimed at providing protection of the rights of the victims on compensation of the done harm in case of the road accidents.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- compulsory insurance of civil responsibility of owners of vehicles - the type of compulsory insurance providing implementation of insurance indemnities (insurance payments) in the amount of partial or total compensation of damage caused to the valuable interests of person connected with its obligation to indemnify damage caused to the third parties in connection with use of the vehicle by it, including civil responsibility of carrier;

- the vehicle - the motorized vehicle, including cars, minibuses, buses, trolleybuses, cargo vehicles, tractors, motorcycles, other vehicles and the equipment;

- the database - set of information on the insurer and the insurer;

- the vehicle owner - the physical person or legal entity owning the vehicle on the property rights and also person to whom the vehicle is given to temporary ownership and use;

- the driver - the person managing the vehicle and allowed to management of the vehicle owner within the legislation of the Republic of Tajikistan. When training in vehicle control by the driver the training person is considered;

- the insurer (insurance organization) - the legal entity performing insurance activity based on the corresponding license of body of insurance supervision;

- insurer - the physical person or legal entity which signed the insurance contract with the insurer (insurance organization);

- the beneficiary - the physical person or legal entity designated by the insurer in the insurance agreement for receipt of insurance payment (insurance indemnities), entered in the insurance policy;

- the victim - physical person or legal entity, lives, to health and (or) property of which harm by other person as a result of the road accident in case of operation of the vehicle is done;

- the agreement of compulsory insurance of civil responsibility of owners of vehicles - the agreement according to which the insurer shall pay insurance premium (premium) according to the agreement and the insurer (insurance organization) shall in case of loss occurrence, provided by the agreement, perform insurance payment (insurance indemnity) to the insurer or the third party (beneficiary) for benefit of which the agreement is signed;

- insured event - event in case of which approach by law or contract of insurances the insurance (reinsurance) organization shall make insurance payment (insurance indemnity);

- the road accident - the incident which arose in use the vehicle and with its participation and also movements of the parts separated the vehicle and the load which is on it as a result of which harm is done to life, health or property of the victim;

- insurance premium (premium) - the payment caused by the agreement which the insurer shall pay to the insurance (reinsurance) organization according to the procedure and the terms established by the insurance contract;

- insurance sum - amount of money for which object of insurance and which represents limiting amount - the insurance responsibility (reinsurance) organization in case of loss occurrence is insured;

- insurance payment - the amount of money paid by the insurance (reinsurance) organization to the insurer (beneficiary) within insurance sum in connection with loss occurrence;

- the insurance policy - the document certifying the fact of the conclusion of the insurance contract and entry into force of obligations of insurance company on payment of insurance indemnity (insurance payment) in accordance with the terms hereof;

- relevant organ (organization) - body or the organization having the right to evaluating the extent of the harm done to life, health and property of the victim and giving based on this conclusion;

- insurance portfolio - set of all signed insurance contracts.

Article 2. Legislation of the Republic of Tajikistan on compulsory insurance of civil responsibility of owners of vehicles

The legislation of the Republic of Tajikistan on compulsory insurance of civil responsibility of owners of vehicles is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Principles of compulsory insurance of civil responsibility of owners of vehicles

Compulsory insurance of civil responsibility of owners of vehicles is based on the following principles:

- security of the indemnification caused to life, health or property of the victims;

- generality compulsory insurance of civil responsibility of owners of vehicles;

- continuity of action of compulsory insurance of civil responsibility of owners of vehicles during all term of use of the vehicle;

- material interest of owners of vehicles and safety control of traffic.

Article 4. Objects of compulsory insurance of civil responsibility of owners of vehicles

Objects of compulsory insurance of civil responsibility of owners of vehicles are the interests of owners of vehicles which arose in connection with obligation of the indemnification caused to life, health or property of the victim as a result of the road accident in case of operation of vehicles.

Article 5. Compulsory insurance of civil responsibility of owners of vehicles

1. Civil responsibility of owners of vehicles, irrespective of brand and the type of the vehicle registered in the state traffic police or in other bodies, and operated by the owner and also the vehicles which temporarily drove or imported on the territory of the Republic of Tajikistan is subject to compulsory insurance.

2. The conclusion of the agreement of voluntary insurance of civil responsibility of owners of vehicles does not exempt the vehicle owner from obligation according to the conclusion of the agreement of compulsory insurance of civil responsibility of owners of vehicles.

3. Use of vehicles is not allowed, in the territory of the Republic of Tajikistan civil responsibility of owners of which is not covered by compulsory insurance according to requirements of this Law.

Chapter 2. Agreement of compulsory insurance of civil responsibility of owners of vehicles

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