RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of July 12, 2022 No. 373

About approval of acts in the field of obligatory civil liability insurance of carriers of dangerous goods and carriers of passengers

According to the laws of the Kyrgyz Republic "About obligatory civil liability insurance of carrier of dangerous goods", "About obligatory civil liability insurance of carrier before passengers", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

- Rules of obligatory civil liability insurance of carrier of dangerous goods according to appendix 1;

- Rules of obligatory civil liability insurance of carrier before passengers according to appendix 2.

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of July 12, 2022 No. 373

Rules of obligatory civil liability insurance of carrier of dangerous goods

Chapter 1. General provisions

1. These rules of obligatory civil liability insurance of carrier of dangerous goods (further - Rules) determine procedure for the conclusion of the agreement of obligatory civil liability insurance for losses and the harm done to life, health and property of the third parties and (or) the environment in transit of dangerous goods by the legal, and also physical persons owning the vehicle on the property right, the right of economic maintaining or the right of operational management or on other legal cause (on the lease right, by proxy on the right of vehicle control, owing to the order of relevant organ about transfer of the vehicle to it, etc.), transporting dangerous goods based on permissions (license) (further - the insurer), with legal entities (insurance organizations) (further - the insurer).

2. The agreement of compulsory insurance can be signed on condition of submission of the documents confirming the fact of state registration of the vehicle (except for mobile transport), and also right of possession by the vehicle, the these rules specified in Item 1.

3. In case of the conclusion of the agreement of compulsory insurance according to these rules which become integral part of the agreement of compulsory insurance and obligatory for the parties.

Chapter 2. Objects of insurance, insured event, insurance cover

4. Object of compulsory insurance are the valuable interests of the insurer connected with its obligation established by the civil legislation of the Kyrgyz Republic to indemnify the loss caused to life, health, material values of the third parties and the environment in course of carriage of dangerous goods.

The insurer does not bear damage liability, put to the transported load, and also for damage caused to valuable interests of the insurer (his workers) in case of execution of labor obligations by them.

5. Insured event is the accomplished fact with which approach the insurer acting as the cargo carrier has obligation to indemnify the loss caused to life, health, property of the third parties and the environment in connection with use of the vehicle in transit of dangerous goods, carrying out handling works, and also arisen owing to the reasons of sudden, unexpected and inadvertent nature, confirmed with the fact of presentation of well-ground claims to the insurer about indemnification from the third parties who are drawn up in the procedure established by the legislation of the Kyrgyz Republic.

6. Claims are considered shown since the moment when written documentary confirmation about their presentation is received by the insurer.

7. Damnification to several persons as a result of impact of row consistently (or at the same time) the arisen events (for example, the fire, explosion, etc.) caused by the same reason is considered as one insured event.

8. According to these rules is subject to compensation:

1) the damage caused to life and health of the third parties;

2) damage caused to property of the third parties;

3) damage caused to the environment.

9. Damage caused owing to is subject to compensation:

1) accidents, crashes, collisions of vehicles, fire, explosion;

2) incidents with load when carrying out handling works.

Chapter 3. Subjects of insurance

10. Act as subjects of legal relationship on obligatory civil liability insurance of carrier of dangerous goods: insurer, insurers, third parties (beneficiaries).

11. Insurers the legal entities created for implementation of insurance activity and who obtained in accordance with the established procedure the license for implementation of insurance activity providing obligatory civil liability insurance of carrier of dangerous goods are recognized.

12. The legal entities and physical persons who are transporting dangerous goods, signed agreements of obligatory civil liability insurance for damnification in transit of dangerous goods can act as insurers.

13. The third parties are:

1) physical persons, lives, to health or property of which the damage as a result of transportation of dangerous goods is caused;

2) legal entities to whose property damage as a result of transportation of dangerous goods is caused;

3) the state on behalf of authorized bodies of the executive authority in whose maintaining there is management of environmental protection, in case of drawing environmental damage as a result of transportation of dangerous goods.

Chapter 4. Exceptions of insurance coverage

14. Requirements about compensation of the damage caused in connection with are not subject to satisfaction:

1) war or military operations (irrespective of, war is declared or not), their effects, actions of paramilitary groups, terrorists, strikes, invasions, hostile actions of foreign states;

2) the mutinies, strikes, lock-outs, civil conflicts acquiring the sizes or expanding prior to popular uprising, revolt, civil disorders, military mutinies, revolutions, military captures or usurpation of the power, confiscation, requisition or nationalization of property;

3) direct and indirect impact of atomic explosion, the direct or indirect action of shock wave, radiation and radioactive and other ionizing radiation connected with any application of atomic energy and use of the split materials;

4) action of force majeure circumstances of natural origin (earthquake, landslides, land subsidence, flood, flooding, etc.).

15. Are not compensated:

1) the damage suffered in case of change of the route permitted for transportation of specific dangerous goods without receipt of permission of competent authorities and approval of this change of the insurer;

2) the damage which arose owing to intention, rough imprudence of the insurer, the beneficiary, their representatives, workers except for of the actions made in condition of justifiable defense or emergency.

At the same time, also committed actions and failure to act in case of which possible approach of loss is expected with rather high probability and it is consciously allowed by person responsible for such actions are equated to intentional damnification;

3) the damage which arose owing to making by the insurer, his representatives, workers of the actions recognized according to the procedure, established by the legal acts of the Kyrgyz Republic, crimes or administrative offenses which are in causal relationship with insured event of the crime which is in direct causal relationship with the caused loss;

4) the damage suffered owing to the failure to meet requirements and recommendations issued by the relevant competent authorities and concerning the regulations regulating rules of transportation of dangerous goods (taking into account features of the transported load). Conditions and procedure for fulfillment of requirements of insurers make a reservation in the agreement of compulsory liability insurance on transportation of dangerous goods;

5) the damage suffered in transit the load which is not corresponding declared and also smuggled goods;

6) the damage which arose owing to the actions of the beneficiary recognized according to the procedure, established by the legal acts of the Kyrgyz Republic, crimes or administrative offenses which are in causal relationship with insured event;

7) the damage which arose owing to failure to carry out or inadequate accomplishment of requirements of Rules of obligatory civil liability insurance of carrier of dangerous goods by the insurer road transport (taking into account features of the transported load);

8) any requirements about compensation of damage from the third parties whose guilty actions were the reason of loss;

9) any requirements about compensation of damage declared on the basis of agreements, contracts, agreements or on approval of the insurer;

10) any requirements about indemnification over the insurance sum provided by the agreement of compulsory insurance.

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