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LAW OF THE KYRGYZ REPUBLIC

of August 5, 2008 No. 194

About obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it

(as amended of the Law of the Kyrgyz Republic of 22.03.2016 No. 24)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 20, 2008

This Law governs the public relations arising in the field of obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it 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:

harmful production factor - production factor which impact on the worker can lead to disease or decrease in working capacity;

the beneficiary - person for benefit of whom the insurance contract is signed;

the civil responsibility of the employer - the obligation of the employer established by the legislation of the Kyrgyz Republic to compensate the harm done to life and health of the worker in case of execution of labor (office) obligations by it;

double insurance - insurance of the same property at two or several insurers;

the agreement of annuity - the insurance contract according to which the insurer shall perform payment of insurance indemnity in the form of periodical payments for benefit of the beneficiary during the term established by the agreement;

class of professional risk - the level of industrial traumatism and professional incidence which developed by types of economic activity;

responsibility limit - the maximum size of the insurance indemnity paid by the insurer on one insured event;

accident in case of execution of labor (office) obligations (further - accident) - impact on the worker of harmful and (or) dangerous production factor in case of execution of labor (office) obligations or tasks of the employer from whom the injury or poisoning of the worker which led it to permanent disability, occupational disease or death resulted by it;

dangerous production factor - production factor which impact on the worker can lead to permanent disability (labor mutilation or occupational disease) or death;

reinsurance - insurance fully or partially risk of payment of insurance indemnity at other insurer under the agreement of reinsurance signed with it. At the same time the insurer according to the insurance contract (basic agreement) who signed the agreement of reinsurance is in the agreement of reinsurance by the insurer;

occupational disease - the chronic or acute disease caused by impact on the worker of harmful and (or) dangerous production factors in connection with accomplishment by the worker of the labor (office) obligations;

joint insurance - insurance of one object under one agreement jointly several insurers;

extent of disability - the level of decline in the ability of the worker to carry out labor (office) obligations after loss occurrence, determined according to the legislation of the Kyrgyz Republic;

the insurer - the citizen or the legal entity who signed the insurance contract with insurance company (insurer);

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

insurance sum - the amount within which the insurer shall pay insurance indemnity under the agreement of obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it;

insurance indemnity - the amount paid by the insurer according to the insurance contract in damage covering in case of loss occurrence;

insurance risk - expected event on which case of approach insurance is led;

insured event - the accomplished fact provided by the insurance contract or the law with which approach there is obligation of the insurer to make payment of insurance indemnity to the insurer, insured person or beneficiary; the event which entailed damnification of life or to health of the worker in case of execution of labor (office) obligations by it with which approach the agreement of obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it provides implementation of payment of insurance indemnity;

the insurer - the legal entity (insurance organization), the license for the implementation of insurance of the corresponding type which is the commercial organization and having;

insurance premiums - the insurance premium which is periodically brought to the insurer by the insurer in accordance with the terms of the insurance contract;

insurance reserves - the special cash funds created by insurers of the received insurance premiums on types of insurance for the purpose of ensuring accomplishment of the insurance bonds assumed by them;

insurance rates - the rates developed by the insurer and applied by him in case of determination of the size of the insurance premium which is subject to payment according to the insurance contract;

working capacity - employee ability to performance of work of certain qualification, amount and quality;

authorized body - the state body enabling within the conferred powers coordination and the realization of state policy in the field of work, employment and social protection of the population.

Article 2. The relations regulated by this Law

1. This Law governs the relations arising in the course of the conclusion and agreement performance of obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it.

2. This Law does not regulate the civil responsibility of the employer in relation to employees of public institutions.

3. This Law does not limit the right of the employer to implementation of supplementary insurance of the civil responsibility connected with implementation of the activities by it in voluntary form.

Article 3. The legislation of the Kyrgyz Republic on obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it

2. If the international treaty ratified by the Kyrgyz Republic establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. The state supervision and control in the field of obligatory civil liability insurance of the employer for damnification of life and to health of the worker in case of execution of labor (office) obligations by it

1. The state supervision of insurance activity is exercised by state body of management on insurance supervision of the Kyrgyz Republic.

2. Control of execution of requirements of this Law by the insurer is exercised by authorized state body on supervision of compliance with law of the Kyrgyz Republic about work.

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