LAW OF THE KYRGYZ REPUBLIC

of July 24, 2015 No. 192

About compulsory insurance of civil responsibility of owners of vehicles

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 24, 2015

This Law establishes legal, economic and organizational basis of regulation of the relations in the field of compulsory insurance of civil responsibility of owners of vehicles for damnification of life, to health or property of the victims who resulted from the road accident in case of operation of the vehicle.

Chapter 1. General provisions

Article 1. The concepts applied in this Law

In this Law the following concepts are applied:

1) the automated information center - the organization performing functions of forming, replenishment, change and exchange of the database on compulsory insurance between subjects of insurance;

2) the vehicle - the automobile and cargo vehicles, buses, minibuses and other cars constructed on their base, tractor trucks (tractors), self-propelled machines, the mechanized motor transport, all trail cars and semitrailer trucks towed by cars, the public electric transport and other types of vehicles (motorcycles, ATVs, etc.) registered according to the legislation of the Kyrgyz Republic and also the vehicles registered in other states;

3) the database - set of information on insurance risk, the insurer and insurer;

4) the owner of the vehicle - the physical person or legal entity owning the vehicle on the property right and also person to whom the vehicle is transferred to temporary ownership and use (the right of lease, leasing, the power of attorney with the right of alienation of the vehicle, the order of relevant organ about transfer to this person of the vehicle);

5) the driver - the person managing the vehicle and allowed to management of the owner of the vehicle;

6) the beneficiary - person who is the victim and (or) the victim's heir - physical person, in case of his death, or the legal successor, in case of reorganization of the legal entity, the having right to insurance indemnity;

7) 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 case of damnification of life, to health of the victims in case of the road accident as a result of which the perpetrator fled the place of the road accident and was not established, and also in cases of involuntary liquidation of the insurer;

8) the diagnostic map - the document reflecting data on all checked nodes of the vehicle and containing conclusions about its compliance or discrepancy to safety requirements, issued by the technical expert for certain term;

The agreement of compulsory insurance of civil responsibility of owners of vehicles (further - the agreement of compulsory insurance) - 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 9) caused thereof events harm of life, to health or property to the victims and (or) beneficiaries (to perform insurance indemnity) within the amount (insurance sum) determined by the agreement;

10) roads - the strip of the earth equipped or adapted and used for movement of vehicles or surface of artificial construction which includes one or several carriageways, and also sidewalks, roadsides and dividing strips, in case of their availability;

11) the road accident - 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 life, health and property of the victim;

12) responsibility limit - the maximum size of the insurance indemnity paid by the insurer by separate type of indemnification;

13) the independent expert - the uninterested physical person or legal entity involved by the participant of compulsory insurance (the insurer, the insurer, the victim, the beneficiary) for evaluating the extent of damage suffered of life, to health and property of the victim and giving on this basis of the conclusion;

14) the responsible insurer - the insurer with whom at person because of whom there was insured event the agreement of compulsory insurance is signed;

15) the victim - person (physical or legal), to life, health and (or) property of which harm as a result of the road accident in case of operation of the vehicle is done;

16) direct settlement - the mechanism of implementation of insurance payment in case of which indemnification, caused to property of the victims and (or) beneficiaries, is made by the direct insurer;

17) the direct insurer - the insurer with whom at the victim the agreement of compulsory insurance is signed;

18) insurer - the physical person or legal entity which signed the insurance contract with insurance company (insurer);

19) insurance protection - set of the relations on overcoming and compensation of the damage caused to objects of valuable interest;

20) 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 insurance contract;

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

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