LAW OF THE REPUBLIC OF UZBEKISTAN

of May 26, 2015 No. ZRU-386

About obligatory civil liability insurance of carrier

Accepted by Legislative house on March 26, 2015

Approved by the Senate on May 15, 2015

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of obligatory civil liability insurance of carrier.

Article 2. Legislation on obligatory civil liability insurance of carrier

The legislation on obligatory civil liability insurance of carrier consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about obligatory civil liability insurance of carrier then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

the victim - the passenger, to health and (or) property of which is done the harm having the right to insurance indemnity;

the passenger - the physical person using services of carrier;

property of the passenger - baggage and the cabin baggage transported by the passenger with itself;

the beneficiary - person having the right to insurance indemnity in case of the death of the passenger connected with insured event;

the insurer - the legal entity, being the commercial organization which has the right to perform compulsory insurance;

insurance sum - the amount within which the insurer shall compensate the harm done to life, health and (or) property of the passenger in case of loss occurrence;

insured event - the fact of approach of the civil responsibility of carrier confirmed in accordance with the established procedure for damnification of life, to health and (or) property of passengers during validity of obligatory civil liability insurance of carrier;

carrier - the legal entity or the individual entrepreneur who is owning the vehicle on the property right or other legal causes, rendering according to the legislation services in public conveyance and their property on commercial basis and having on it the corresponding license or the document of allowing nature.

Article 4. Obligation of carrier on insurance of the civil responsibility

The carrier shall on conditions and according to the procedure, established by this Law, to insure the civil responsibility for damnification of life, to health and (or) property of passengers prior to rendering services in transportation.

The obligation of carrier on insurance of the civil responsibility does not extend to carriers if their civil responsibility is insured according to requirements of international treaties of the Republic of Uzbekistan with the insurance sum in the amount of which was at least established on obligatory civil liability insurance of carrier.

Chapter 2. Conditions and procedure of obligatory civil liability insurance of carrier

Article 5. Object and subjects of obligatory civil liability insurance of carrier

Object of obligatory civil liability insurance of carrier are valuable interests of the carrier in case of its civil responsibility on indemnification caused to life, health and (or) property of passengers.

Subjects of obligatory civil liability insurance of carrier are the carrier, the insurer, the passenger, the victim and the beneficiary.

Article 6. Agreement of obligatory civil liability insurance of carrier

The agreement of obligatory civil liability insurance of carrier is public.

Under the agreement of obligatory civil liability insurance of carrier the insurer shall for the caused payment (insurance premium) in case of loss occurrence to compensate to the victim or the beneficiary or carrier life damage suffered, to health and (or) property of passengers within insurance sum under this agreement.

The agreement of obligatory civil liability insurance of carrier is signed between carrier and the insurer. The basis for the conclusion of this agreement is the statement of carrier in writing.

Responsibility for incompleteness of the conditions which are subject to specifying in the agreement of obligatory civil liability insurance of carrier is born by the insurer.

The agreement of obligatory civil liability insurance of carrier is signed for a period of one year.

Contract clauses of obligatory civil liability insurance of carrier and procedure for its conclusion are established by the Cabinet of Ministers of the Republic of Uzbekistan. At the same time the agreement of obligatory civil liability insurance of carrier shall contain:

subject of the agreement;

insurance sum and insurance premium;

the effective date and duration of the agreement;

rights and obligations of the Parties;

responsibility of the parties;

procedure for the dispute resolution;

procedure for change, termination and early termination of the agreement.

The agreement of obligatory civil liability insurance of carrier may contain also other conditions according to the legislation.

Article 7. Approach of the civil responsibility of carrier which is not insured event

Approach of the civil responsibility of carrier is not insured event according to this Law owing to:

causings moral harm and (or) emergence of obligation on compensation of lost profit;

damages or destructions of antiquarian and other unique objects, products from precious and semiprecious stones and metals, objects of religious cult, works of art, manuscripts, unique audiovisual works and other results of intellectual activities, securities, cash, including foreign currency;

damnifications of life, to health and (or) property of the passenger as a result of its intentional actions directed to emergence of insured event.

In case of approach of the civil responsibility of carrier in the cases specified in part one of this Article, the damage suffered is subject to compensation and (or) compensation by carrier.

Article 8. The insurance policy on obligatory civil liability insurance of carrier

In case of the conclusion of the agreement of obligatory civil liability insurance of carrier the insurer, after payment by carrier of the calculated insurance premium, issues it the insurance policy which is the document certifying implementation of obligatory civil liability insurance of carrier.

The insurance policy on obligatory civil liability insurance of carrier (further - the insurance policy) is drawn up on the corresponding form. The form of the insurance policy is the document of the strict reporting, shall have accounting series, number and degree of security.

In the insurance policy data shall be specified about:

insurer;

name and location (postal address) of carrier;

the name, the location (postal address) of the insurer, all its branches, communicating device with them and time of their work;

period of validity of obligatory civil liability insurance of carrier;

insurance premium;

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