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LAW OF THE KYRGYZ REPUBLIC

of July 31, 2015 No. 209

About compulsory insurance of premises from the fire and natural disasters

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2015

Chapter 1. General provisions

Article 1. Coverage of this Law

This Law determines legal, economic and organizational basis of compulsory insurance of premises from the fire and natural disasters (further - compulsory insurance).

Article 2. Purpose of compulsory insurance

The purpose of this Law is creation of economic conditions for compensation of the losses connected with damage or destruction of premises as a result of the fire and natural disasters.

Article 3. The legislation of the Kyrgyz Republic in the sphere of compulsory insurance

The legislation of the Kyrgyz Republic in the sphere of compulsory insurance consists of the Constitution of the Kyrgyz Republic, the Civil code, this Law and other regulatory legal acts of the Kyrgyz Republic, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

Article 4. Basic concepts

For the purposes of this Law the following basic concepts are used:

1) the beneficiary - person who is the owner of premises or the heir of the owner or the legal successor;

2) fund of warranty payments for compulsory insurance of premises from the fire and natural disasters (further - Fund) - the assignments made on regular basis by the state insurance company which purpose is implementation of warranty payments;

3) warranty payments - the cash amount paid from fund of the warranty payments which are subject to payment for the agreement of compulsory insurance within the set responsibility limits in cases of involuntary liquidation and bankruptcy of the insurer;

The agreement of compulsory insurance of premises (insurance policy) - the insurance contract according to which the insurer shall for the payment (insurance premium) caused by the agreement in case of approach of the event (insured event) provided in the agreement to compensate 4) to the insurer or the beneficiary caused thereof events damage to premises (to pay insurance indemnity) within the amount (insurance sum) determined by the agreement;

5) premises - the separate unit of housing stock which is in private property of physical persons or legal entities (the individual apartment house, part of the individual apartment house, the apartment in the apartment house, the communal flat, the room in the communal flat, the room in houses of specialized housing stock, hotel, the apartment house of hotel type), intended and used for permanent or temporary residence, meeting the technical, health and other mandatory requirements established by the civil legislation of the Kyrgyz Republic;

6) use of premises - operation of premises;

7) the independent expert - the uninterested physical person or legal entity involved by the participant of compulsory insurance (the insurer, the insurer, the beneficiary) for evaluating the extent of damage caused to premises as a result of the insurance event provided by this Law and giving on this basis of the conclusion;

8) the fire - the uncontrollable process of burning causing material damage to premises;

9) natural disaster - the natural phenomenon having extreme character and leading to damage and (or) destruction of premises;

10) the insurer - the legal or capable physical person who is the owner of premises, owning, using or disposing of it legally or the members of the family of the owner, and also the representative of physical person in case of his incapacity who signed the agreement of compulsory insurance (insurance policy) with the insurer;

11) 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 policy);

12) insurance sum - the amount within which the insurer shall pay insurance indemnity under the agreement of compulsory insurance;

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

14) insured event - the accomplished fact which entailed destruction or damage of premises of the insurer as a result of direct impact on object of insurance with which approach there is obligation of the insurer to make the insurance indemnity provided by this Law and the insurance contract (insurance policy);

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

16) insurance rates - the price rates established by the Government of the Kyrgyz Republic, applied by insurers in case of determination of insurance premium under the agreement of compulsory insurance;

17) the insurer - the legal entity (the state insurance company) having the license for implementation of compulsory insurance in the territory of the Kyrgyz Republic;

18) the insurance territory - the territory within which during validity of compulsory insurance there came the insurance event.

Article 5. Basic principles of compulsory insurance

The basic principles of compulsory insurance are:

1) guarantee of compensation of the damage caused to premises in the limits set by this Law;

2) generality and obligation of insurance by owners of premises taking into account the restrictions set by this Law;

3) continuity of action of compulsory insurance during all useful life of premises.

Article 6. Object of compulsory insurance

1. Object of compulsory insurance are the valuable interests of the insurer connected with destruction or damage of premises including their structural elements (roof, walls, the base, windows, doors, gas pipeline, water, heating and sewer systems), finishing elements as a result of approach and direct impact of insured event.

2. Premises are not subject to compulsory insurance:

1) being in critical condition;

2) located in houses (structures) which are subject to demolition from the moment of adoption by authorized bodies of the decision on demolition, or to reshaping in non-residential, from the moment of giving in authorized body of the statement for reshaping;

On which 3) collection according to obligations is turned;

4) located in houses (structures) which are subject to alienation in connection with withdrawal of the parcel of land;

5) constructed with violations of technical requirements;

6) the subject confiscations.

Chapter 2. Conditions and procedure of compulsory insurance

Article 7. Agreement of compulsory insurance (insurance policy)

1. Compulsory insurance is performed based on the agreement (insurance policy) signed between the insurer and the insurer.

2. The agreement of compulsory insurance (insurance policy) shall contain the following main conditions:

1) parties of the insurance policy (insurer, insurer);

2) person for benefit of whom the insurance policy (beneficiary) is concluded;

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