LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 7, 2005 No. 30-III ZRK

About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it

This Law governs the public relations arising in the field of compulsory insurance of the worker from accidents 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:

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

2) authorized state body on work (further - authorized body) - the state body of the Republic of Kazakhstan enabling the realization of state policy in the sphere of employment relationships according to the legislation of the Republic of Kazakhstan;

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

4) extent of loss of professional working capacity - the level of decline in the ability of the worker to carry out labor (office) obligations, determined according to the legislation of the Republic of Kazakhstan;

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

6) insurance of the worker upon accidents - complex of the relations on protection of valuable interests of the worker to whose life and health harm in case of execution of labor (office) obligations is done by it;

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

8) insured event - the accident in case of execution of labor (office) obligations (accident) which happened to the worker (workers) in case of execution by it (them) labor (office) obligations as a result of impact of harmful and (or) dangerous production factor owing to which there were industrial injury, sudden deterioration in health or poisoning of the worker which led it to establishment to it extent of loss of professional working capacity, occupational disease or death under circumstances, the stipulated in Article 16-1 this Law;

8-1) 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".

9) 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;

10) insurance premium - amount of money which the insurer shall pay to the insurer for adoption by the last of the obligation to make insurance payment to the beneficiary in the amount of, determined by the agreement of compulsory insurance of the worker from accidents;

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

12) the insurer - the legal entity who obtained the license for the right of implementation of insurance activity in industry "life insurance" on class annuity insurance and to this type of compulsory insurance in the territory of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan;

13) the insurer - the employer who signed the agreement of compulsory insurance of the worker from accidents.

Article 2. The relations regulated by this Law

1. This Law does not regulate insurance of the employee of public institutions upon accidents in case of execution of labor (office) obligations by it.

2. The conclusion the employer of the agreement of voluntary insurance of the worker from accidents does not exempt it from obligation according to the conclusion of the agreement of compulsory insurance of the worker.

Article 3. The legislation of the Republic of Kazakhstan on compulsory insurance of the worker from accidents

1. The legislation of the Republic of Kazakhstan on compulsory insurance of the worker from accidents 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 contain in 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 4. The state control and supervision in the field of compulsory insurance of the worker from accidents

1. The state control and supervision of activities of insurance companies are performed by authorized body on regulation, control and supervision of the financial market and the financial organizations according to the legislation of the Republic of Kazakhstan.

2. Control of execution of requirements of this Law by the insurer is exercised by authorized body.

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