Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2003 No. 446-II

About compulsory insurance of civil responsibility of owners of vehicles

(as amended on 02-01-2021)

This Law governs the relations arising in the field of compulsory insurance of civil responsibility of owners of vehicles 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)  No. 134-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.01.2018;

2) the bonus-malus system - the system of discounts and allowances used when calculating the size of the insurance premium which is subject to payment under the agreement of compulsory insurance of civil responsibility of owners of vehicles by means of application to the insurer (insured) of the raising or decreasing coefficients depending on availability or lack of insured events through his fault with assignment of the corresponding class on this system;

3) the victim - person, to life, health and (or) property of which harm as a result of operation of the vehicle which obligation on compensation according to the legislation of the Republic of Kazakhstan, is assigned to the insurer (insured) as on the vehicle owner is done;

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

5) the complex agreement - the agreement of compulsory insurance of civil responsibility of owners of vehicles signed by the physical person which is the owner of two and more units of the vehicles specified in the insurance policy, and existing concerning only one insured physical person;

6) the civil owner's liability of the vehicle - the obligation of physical persons and legal entities established by the civil legislation of the Republic of Kazakhstan to compensate the harm done to life, health and (or) property of the third parties as a result of operation of the vehicle as source of enhanced danger;

7) operation of the vehicle - use of the vehicle for movement on roads, and also on the territories equipped or adapted and used for movement of vehicles, adjacent to them;

8) the vehicle owner - the physical person or legal entity owning the vehicle on the property right, the right of economic maintaining or the right of operational management or any other legal cause (the agreement of property hiring, owing to the order of competent authority about transfer of the vehicle and another);

9) transport incident - the incident which arose in use the vehicle and with its participation and also movements of the parts separated the vehicle and the freight which is on it as a result of which harm is done to the third parties;

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

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

11-1) 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";

12) 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;

13) 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;

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

15) 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;

16) insured - person concerning whom insurance is performed;

17) 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;

18) the standard agreement - the agreement of the compulsory insurance of civil responsibility of owners of vehicles signed by physical person or legal entity, being the vehicle owner, specified in the insurance policy, and existing concerning one or several insured persons;

19) direct settlement - the mechanism of settlement of insured event in case of which indemnification, caused to life, health and (or) property of the victim in transport incident, the insurer with whom at the victim the agreement of compulsory insurance of civil responsibility of owners of vehicles within the scope of responsibility provided by this Law is signed performs.

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

1. The legislation of the Republic of Kazakhstan on compulsory insurance of civil responsibility of owners of vehicles 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 owners of vehicles

Object of compulsory insurance of civil responsibility of owners of vehicles (further - compulsory liability insurance of owners of vehicles) is the valuable interest of insured person 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 the third parties as a result of operation of the vehicle as source of enhanced danger.

Article 4. Purpose and basic principles of compulsory liability insurance of owners of vehicles

1. The purpose of compulsory liability insurance of owners of vehicles is ensuring protection of valuable interests of the third parties, lives, to health and (or) property of which harm as a result of operation of vehicles, by means of implementation of insurance payments is done.

2. The basic principles of compulsory liability insurance of owners of vehicles are:

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

operation of the vehicle on condition of the conclusion its owner of the agreement of compulsory liability insurance of owners of vehicles;

ensuring accomplishment by the parties of the agreement obligations of compulsory liability insurance of owners of vehicles;

economic interest of owners of vehicles in increase in traffic safety.

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

1. Civil responsibility of owners is subject to compulsory insurance:

1) the automobile, cargo vehicles, buses, minibuses and vehicles constructed on their base, motor-transport and trail cars (semitrailer trucks) to them registered (which are subject to state registration) in divisions of authorized body on traffic safety and also trams and trolleybuses;

2) temporarily driven (imported) on the territory of the Republic of Kazakhstan;

3) the vehicles specified in the subitems 1) and 2) this Item delivered under the own steam from the organizations manufacturers, repair and trade organizations, bodies of customs control to place of registration and also struck off the register of authorized body by division on safety of traffic in connection with change of the residence of the owner or change of the property right.

2. The civil owner's liability of the vehicle is subject to insurance on each unit of the vehicle operated by it.

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 liability insurance of owners of vehicles.

3. The agreement of compulsory liability insurance of owners of vehicles is not signed in case of entrance on the territory of the Republic of Kazakhstan of the vehicle registered in other state which owner signed the insurance contract of responsibility of owners of vehicles recognized by the Republic of Kazakhstan in accordance with the terms of the international treaty concluded between this state and the Republic of Kazakhstan.

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