LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2003 No. 444-II

About compulsory insurance of civil responsibility of carrier to passengers

This Law governs the relations arising in the field of compulsory insurance of civil responsibility of carrier to passengers and establishes legal, financial and organizational basis of its carrying out.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the victim - the passenger, to life, health and (or) property of which harm when implementing transportation is done;

2) the passenger - the physical person which signed the transportation agreement with carrier in oral or written form;

3) property of the passenger - baggage of the passenger and the hand luggage transported by the passenger with itself, for damnification with which the carrier in transit answers;

4) the beneficiary - person who according to this Law is receiver of insurance payment;

5) insured event - event with which approach the insurance contract provides implementation of insurance payment;

6) insurance ombudsman - the independent physical person in the activities performing settlement of disagreements between participants of the insurance market according to the Law of the Republic of Kazakhstan "About insurance activity";

7) 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;

8) 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 insurer (beneficiary) in the amount of, determined by the insurance contract;

9) insurance payment - the amount of money paid by the insurer to the insurer (beneficiary) within insurance sum in case of loss occurrence;

10) the insurer - the legal entity who obtained the license for the right of implementation of insurance activity in the territory of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan, obliged to make in case of loss occurrence insurance payment to the insurer or the other person for benefit of whom the agreement (beneficiary), within the amount (insurance sum) determined by the agreement is signed;

11) insured - person concerning whom insurance is performed;

12) the insurer - person who signed the insurance contract with the insurer. If other is not provided by the insurance contract, the insurer at the same time is insured;

13) carrier - the physical person or legal entity owning railway, sea, internal water, air, the automotive vehicle, including urban rail transportation, on the property right or on other legal causes and transporting passengers and their property for a fee or on hiring according to the legislation of the Republic of Kazakhstan;

14) civil responsibility of carrier to passengers - the obligation of carrier established by the civil legislation of the Republic of Kazakhstan to compensate the harm done to life, health and (or) property of passengers in case of their transportation;

15) the franchize - release of the insurer from compensation of the damage which is not exceeding certain size.

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of civil responsibility of carrier to passengers

1. The legislation of the Republic of Kazakhstan on compulsory insurance of civil responsibility of carrier to passengers is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

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

3. The provisions of this Law applied in relation to the insurer including insurance company, extend to the branches of the insurance nonresident organizations of the Republic of Kazakhstan opened in the territory of the Republic of Kazakhstan.

Article 3. Object of compulsory insurance of civil responsibility of carrier to passengers

Object of compulsory insurance of civil responsibility of carrier to passengers (further - compulsory liability insurance of carrier) is the valuable interest of carrier connected with its obligation established by the civil legislation of the Republic of Kazakhstan to compensate the harm done to life, health and (or) property of passengers in case of their transportation.

Article 4. Purpose and basic principles of compulsory liability insurance of carrier

1. The purpose of compulsory liability insurance of carrier is ensuring protection of valuable interests of passengers in case of their transportation by means of implementation of insurance payments.

2. The basic principles of compulsory liability insurance of carrier are:

ensuring protection of valuable interests of the victims in the amount and procedure established by this Law;

implementation of transportation of passengers by carrier and their property which responsibility is insured under the agreement of compulsory liability insurance of carrier;

ensuring accomplishment by the parties of the agreement obligations of compulsory liability insurance of carrier.

Article 5. Persons whose civil responsibility is subject to compulsory liability insurance of carrier

1. Civil responsibility of the resident carriers of the Republic of Kazakhstan transporting passengers and their property on rail, sea, inland water, air, road and urban rail transport is subject to compulsory insurance.

2. Civil responsibility of carrier is subject to insurance on each unit of the vehicle used for transportation of passengers and their property.

The conclusion of the agreement of voluntary insurance of civil responsibility of carrier to passengers does not exempt carrier from obligation according to the conclusion of the agreement of compulsory liability insurance of carrier.

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