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LAW OF THE KYRGYZ REPUBLIC

of August 15, 2008 No. 202

About obligatory civil liability insurance of the organizations operating hazardous production facilities

(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 establishes legal, economic and organizational basis of regulation of the relations in the field of obligatory civil liability insurance of the organizations operating hazardous production facilities for damnification of life, to health or property of the third parties and the surrounding environment as a result of accident on hazardous production facility.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

the insurer - the citizen or the legal entity who signed the agreement of compulsory insurance with insurance company (insurer);

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 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 agreement of compulsory insurance;

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 under the agreement of compulsory insurance;

insurance sum - the amount within which the insurer shall pay insurance indemnity under the agreement of property insurance or which it shall pay under the agreement of personal insurance;

insurance indemnity - the amount paid by the insurer under the agreement of compulsory insurance in damage covering in case of loss occurrence;

insured event - the accomplished fact provided by the agreement of compulsory insurance 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;

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

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

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;

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

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 under the agreement of compulsory insurance (basic agreement) who signed the agreement of reinsurance is in the agreement of reinsurance by the insurer;

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

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

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

accident - destruction, damage of constructions, communications, the equipment, the transport and other technical means used on hazardous production facility, uncontrollable explosion, the fire or emission of dangerous substances;

the organization operating hazardous production facilities, the physical and (or) legal entity owning hazardous production facility on the property right, the right of economic maintaining or the right of operational management or on any other legal cause;

the civil responsibility of the organizations operating hazardous production facilities, established by the civil legislation of the Kyrgyz Republic - obligation of physical and (or) legal entities to compensate the harm done to life, health and (or) property of the third parties as a result of accident on hazardous production facility;

the third party - person, to life, health and (or) property of which harm as a result of accident on hazardous production facility is done.

Workers and owners of the organization operating hazardous production facilities are not the third parties.

Article 2. The legislation of the Kyrgyz Republic on obligatory civil liability insurance of the organizations operating hazardous production facilities

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 3. Object of obligatory civil liability insurance of the organizations operating hazardous production facilities

Object of obligatory civil liability insurance of the organizations operating hazardous production facilities is the valuable interest of the organization operating hazardous production facilities, connected with the obligation established by the civil legislation of the Kyrgyz Republic to indemnify the loss caused to life, health and (or) property of the third parties, and also the environment as a result of accident on hazardous production facility.

Article 4. The basic principles of obligatory civil liability insurance of the organizations operating hazardous production facilities

1. Obligatory civil liability insurance of the organizations operating hazardous production facilities is type of compulsory insurance and provides indemnification when implementing the activities connected with the increased danger to people around.

2. The basic principles of obligatory civil liability insurance of the organizations operating hazardous production facilities are:

- guarantee of the indemnification caused to life, health or property of the victims in the limits established by this Law;

- generality and obligation of civil responsibility insurance of the organizations operating hazardous production facilities.

Article 5. Hazardous production facilities

1. The objects determined by the Law of the Kyrgyz Republic "About industrial safety of hazardous production facilities" belong to hazardous production facilities.

2. If during the term of the agreement obligatory civil liability insurance of the organizations operating hazardous production facilities, object ceased to correspond to part of 1 this Article, then the insurer shall notify on it authorized body which makes the decision on exception it from among hazardous production facilities, and excludes object from the state register about what sends written notices to the insurer and the insurer.

Article 6. The state supervision in the field of obligatory civil liability insurance of the organizations operating hazardous production facilities

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

2. The state supervision within the established competence on obligatory civil liability insurance of the organizations operating hazardous production facilities is assigned to specially authorized body of the executive government equipped with special allowing, supervising functions in the field of industrial safety.

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