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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 15, 2015 No. 266

About measures for implementation of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier"

(as amended on 08-05-2020)

According to the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier" and for the purpose of ensuring full functioning of obligatory civil liability insurance of the Cabinet of Ministers carrier decides:

1. Determine insurance sum by the contract of obligatory civil liability insurance of carrier for one passenger in the amount equivalent to 44 million bags, from them:

40 million bags - for the indemnification caused to life or health of the passenger;

4 million bags - for the indemnification caused to property of the passenger.

2. Approve Rules of obligatory civil liability insurance of carrier according to appendix No. 1.

3. To the Ministry of Finance of the Republic of Uzbekistan jointly with insurers in two weeks to develop and approve the actions plan providing:

reduction till November 26, 2015 by the insurers performing obligatory civil liability insurance of carrier, the activities in compliance with licensed requirements and conditions stipulated by the legislation about insurance activity;

taking measures to the termination in accordance with the established procedure since November 27, 2015 actions of licenses of the insurers who did not bring the activities into accord with the specified licensed requirements and conditions;

carrying out broad explanatory work through mass media about the entered procedure for obligatory civil liability insurance of carrier, and also the organization of training courses and seminars for employees of the insurers.

4. Make additions and changes to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.

5. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

6. To the Ministry of Finance of the Republic of Uzbekistan together with other interested ministries and departments to bring the departmental regulatory legal acts into accord with this resolution in a month.

7. Items 1, 4 and 5 these resolutions become effective from the date of entry into force of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier".

8. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 15, 2015 No. 266

Rules of obligatory civil liability insurance of carrier

I. General provisions

1. These rules determine procedure for obligatory civil liability insurance of carrier. Obligatory civil liability insurance of carrier is performed according to the scheme according to appendix No. 1 to these rules.

2. In these rules the following concepts are used:

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 who is rendering on commercial basis services in public conveyance and their property urban passenger, railway, air, road, river and other transportation, and having on this special permission (license).

3. The carrier shall on conditions and according to the procedure, established by the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier", 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 becomes effective from the date of entry into force of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier".

4. 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.

5. 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.

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

7. Approach of the civil responsibility of carrier is not insured event 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 this Item, the damage suffered is subject to compensation and (or) compensation by carrier.

8. The documents certifying implementation of obligatory civil liability insurance of carrier are the agreement of obligatory civil liability insurance of carrier and the insurance policy on 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 and in the copies equal to the number of the vehicles included in the agreement of obligatory civil liability insurance of carrier.

II. Procedure for the conclusion, change and early termination of the agreement of obligatory civil liability insurance of carrier

9. The agreement of obligatory civil liability insurance of carrier is public and consists between carrier and the insurer for a period of one year except as specified, provided in paragraph two of this Item in form according to appendix No. 2 to these rules.

The agreement of obligatory civil liability insurance of the carrier performing motor transportations of passengers and their property can be signed by term from three months to one year.

10. The carrier has the right to the choice of the insurer for the conclusion of the agreement of obligatory civil liability insurance of carrier.

11. The insurer has no right to refuse the conclusion of the agreement of obligatory civil liability insurance of carrier to the carrier which filed to it petition in writing and submitted documents according to these rules.

12. For the conclusion of the agreement of obligatory civil liability insurance of carrier the carrier submits to the insurer the following documents:

the statement for the conclusion of the agreement of obligatory civil liability insurance of carrier in form according to appendix No. 3 to these rules;

the copy of special permission (license) for implementation of activities of carrier certified by carrier, except as specified, when the carrier performs the activities without special permission (license) according to the legislation;

calculation of insurance premium for the agreement of obligatory civil liability insurance of carrier signed in previous year if in previous year the agreement of obligatory civil liability insurance of carrier was signed.

The carrier bears responsibility for completeness and reliability of data and the documents submitted to the insurer.

13. The insurance policy is issued to carrier no later than three working days following behind day of revenues to the settlement account of the insurer or insurance agent of insurance premium under the agreement of obligatory civil liability insurance of carrier (further - insurance premium).

The form of the insurance policy on obligatory civil liability insurance of carrier is the document of the strict reporting, shall have accounting series, number and at least 3 degrees of protection. The form of the insurance policy on obligatory civil liability insurance of carrier is made by request of the insurer in the A4 format (210-297 mm) by typographical method in GPO "Davlat of Belgisa" according to sample of the form of the insurance policy on obligatory civil liability insurance of carrier according to appendix No. 4 to these rules. Color of background of the form of the insurance policy - white.

14. During the losing or spoil of the insurance policy the carrier has the right to its duplicate.

The duplicate is issued by the insurer within two working days from the date of the appeal of carrier and payment of expenses by it on production of the duplicate in the amount of no more than 10 percent from basic settlement size established by the legislation for date of the appeal of carrier.

15. During validity of obligatory civil liability insurance of carrier the carrier shall report to the insurer about any changes in the data specified in the statement for the conclusion of this agreement without delay in writing.

16. When obtaining from carrier of information on changes in the data provided in case of the conclusion of the agreement of obligatory civil liability insurance of carrier, the insurer, in case of need, signs the supplementary agreement to this agreement and renews the insurance policy.

17. In case of change of contract clauses of obligatory civil liability insurance of carrier during the term of its action the size of insurance premium is adjusted depending on the changed conditions. At the same time the obligations of the parties concerning settlement of insurance premium shall be executed no later than three working days from the date of the conclusion of the supplementary agreement to the agreement of obligatory civil liability insurance of carrier.

18. If the carrier objects to change of contract clauses of obligatory civil liability insurance of carrier or surcharge of insurance premium in the cases provided in Item 17 of these rules, then the insurer has the right to demand termination of this agreement. At the same time the paid insurance premium is not subject to return.

19. The contract of obligatory civil liability insurance of carrier is ahead of schedule withdrawn in the following cases:

liquidation or reorganization of carrier;

recognition of the agreement of obligatory civil liability insurance of carrier invalid by a court decision.

The contract of obligatory civil liability insurance of carrier can be ahead of schedule withdrawn also in other cases, stipulated by the legislation.

20. In case of early termination of validity of obligatory civil liability insurance of carrier part of insurance premium returns in proportion to the amount of the paid insurance indemnity and remaining period of operation of this agreement in days. At the same time in case of early termination of validity of obligatory civil liability insurance of carrier on other bases, than specified in paragraphs second and third Item 19 of these rules, the insurer can subtract the amount of its demonstrable expenses from the returned part of insurance premium under this agreement in the amount of no more than 25 percent from insurance premium.

Return to carrier of part of insurance premium in the cases provided by this Item is performed within fourteen calendar days from the date of the corresponding appeal of carrier.

III. Insurance sum, insurance premium and payment procedure to insurance pra

21. The insurance sum under the agreement of obligatory civil liability insurance of carrier is determined by the following formula:

Ss = Joint venture x V, where:

Ss - insurance sum under the agreement of obligatory civil liability insurance of carrier;

The joint venture - the insurance sum determined on one passenger;

V - passenger capacity according to passports of manufacturing plants of all vehicles operated by carrier, except for the cars belonging to railway carriers of other states plying on railway tracks public on the territory of the Republic of Uzbekistan. At the same time the insurer is not exempted from payment of insurance indemnity in case of loss occurrence concerning the passengers who are in cars, belonging to railway carriers of other states plying on railway tracks public on the territory of the Republic of Uzbekistan.

22. Insurance sum under the agreement of obligatory civil liability insurance of carrier, insurance sum on one passenger for the indemnification caused to his life or health, and insurance sum for the indemnification caused to its property in the agreement of obligatory civil liability insurance of carrier are specified one passenger separately in national currency. At the same time the specified insurance sums are determined by the Central Bank rate of the Republic of Uzbekistan on the date of the conclusion of this agreement.

23. The size of insurance premium is calculated according to insurance rates according to appendix No. 5 to these rules.

Change of insurance rates does not involve change of the size of the insurance premium during the term of the agreement obligatory civil liability insurance of carrier paid by carrier for the insurance rates operating on payment date.

24. Calculation of insurance premium is perfromed by the insurer, proceeding from the data specified by carrier in the statement for the conclusion of the agreement of obligatory civil liability insurance of carrier.

25. If after the conclusion of the agreement of obligatory civil liability insurance of carrier it is found out that the carrier specified the false and (or) wrong information in the statement for the conclusion of this agreement, the size of insurance premium shall be brought into accord with the insurance rates operating at the time of the conclusion of this agreement.

26. The insurance premium is paid one-timely within five working days from the date of the conclusion of the agreement of obligatory civil liability insurance of carrier. Payment date of insurance premium receipt date of money on the settlement account of the insurer or insurance agent is considered.

27. In case of insufficiency of money on the settlement account of carrier payment of insurance premium is made at the expense of funds for the urgent needs connected directly with productive activity of carrier.

28. If during validity of obligatory civil liability insurance of carrier by the insurer the insurance indemnity under the agreement of obligatory civil liability insurance of carrier is paid (further - insurance indemnity), then the insurance sum decreases by the amount of the paid insurance indemnity. At the same time for recovery of insurance sum the carrier within seven working days after receipt of the adequate written notice of the insurer shall pay in addition insurance premium in proportion to the amount of the paid insurance indemnity and remaining period of operation of this agreement.

Calculation of the paid extra insurance premium is perfromed according to the procedure, provided by appendix No. 6 to these rules.

IV. Rights and obligations of subjects of obligatory civil liability insurance of carrier

29. The carrier has the right:

choose the insurer for the conclusion of the agreement of obligatory civil liability insurance of carrier according to the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of carrier";

demand from the insurer of explanation of contract clauses of obligatory civil liability insurance of carrier;

appeal the decision of the insurer on refusal in payment of insurance indemnity.

The carrier can have and other rights according to the legislation.

30. The carrier shall:

pay insurance premium on conditions and according to the procedure, established by the legislation;

acquaint persons managing vehicles of carrier with contract clauses of obligatory civil liability insurance of carrier, including explain the rights and obligations of the Parties under this agreement;

place copy of the insurance policy existing on the date of transportation in all vehicles included in the agreement of obligatory civil liability insurance of carrier and (or) on the website;

notify in writing the insurer on incident in transit no later than five working days from the moment of the address of the victim or the beneficiary with the claim containing the requirement about compensation of damage suffered;

report to the insurer about excessively paid insurance indemnity if it was paid unreasonably owing to forgery of documents or other deception from the victim or the beneficiary and to take necessary measures for return to the insurer of excessively paid means.

The carrier performs also other duties according to the legislation.

31. The insurer has the right:

participate in consideration by carrier of the claim of the victim or beneficiary, and if necessary to involve the corresponding experts;

make recommendations about the prevention of emergence of insured events;

impose recourse requirement to carrier in the cases determined by Item 55 of these rules.

The insurer can have and other rights according to the legislation.

32. The insurer shall:

acquaint carrier with contract clauses of obligatory civil liability insurance of carrier, including explain its rights and obligations;

provide confidentiality of information about the carrier and the victim or the beneficiary received as a result of implementation of the activities;

sign cooperation agreement between the insurers having the right to implementation of obligatory civil liability insurance of carrier about creation of insurance pool.

The insurer performs also other duties according to the legislation.

33. The passenger, the victim and the beneficiary have the right to obtain free of charge from carrier information on contract clauses of obligatory civil liability insurance of carrier and the necessary information about the insurer.

34. The victim and the beneficiary except the rights, stipulated in Item 33 these rules, have also the right:

address carrier or the insurer with the claim containing the requirement about compensation of damage suffered;

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