of July 29, 2015 No. 9-2/702
About approval of standard form of the agreement of compulsory insurance in crop production
According to subitem 12-1) of Item 2 of article 5 of the Law of the Republic of Kazakhstan of March 10, 2004 "About compulsory insurance in crop production", PRIKAZYVAYU:
1. Approve the enclosed standard form of the agreement of compulsory insurance in crop production.
2. To provide to department of investment policy and financial instruments of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.
Acting minister of agricultural industry of the Republic of Kazakhstan
It is approved
Acting minister of internal affairs of the Republic of Kazakhstan
July 30, 2015
It is approved
Acting minister of power industry of the Republic of Kazakhstan
July 31, 2015
Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 29, 2015 No. 9-2/702
"__" _______ 20 __ years
____________________________________, hereinafter referred to as "Insurer", acting on the basis of the _______________, on behalf of ________________________________________________, one party, and ____________________________, hereinafter referred to as "Insurer", on behalf of ______________________________________, acting on the basis ______________ on the basis the parties which jointly are referred to as with the Parties, and separately - the Party, based on the Civil code of the Republic of Kazakhstan (special part) of July 1, 1999 and the Law of the Republic of Kazakhstan of March 10, 2004 "About compulsory insurance in crop production" (further - the Law) signed this Agreement of compulsory insurance in crop production (further - the Agreement) as follows.
1. In the Agreement the following basic concepts are used:
1) the expected income from harvest - the income determined by the commission according to the Technique of determination of the areas of the death of crops approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of May 14, 2007 No. 316 (registered in the Register of state registration of regulatory legal acts No. 4707);
2) the appraiser (independent expert) - the physical person or legal entity having the license for implementation of estimative activities;
3) complete death of crops - consequence of impact of the adverse natural phenomena on crops in case of which costs for further cultivation and harvesting exceed the expected income from harvest;
4) partial death of crops - consequence of impact of the adverse natural phenomena on crops, in case of which the income less than the size of the standard rate of costs for one hectare of production of type of products of crop production, estimative or actual from one hectare of production of type of products of the crop production, established at the time of the conclusion of the agreement of compulsory insurance;
5) the act of inspection upon the adverse natural phenomenon (further - the act of inspection) - the document confirming cause and effect relationship between partial or complete death of crops and impact adverse (adverse) natural (natural) phenomenon (phenomena), requirements to which are provided in the form established according to subitem 12-5) of Item 2 of article 5 of the Law;
6) the adverse natural phenomenon - the natural phenomenon (long-term - drought, destruction by frost, lack of heat, excessive moistening of the soil, air remoistening, flood, lack of water, hot dry wind; short-term - hail, heavy rain, frosts, strong wind, mudflow) from which death or damage of products of crop production resulted;
7) object of compulsory insurance in crop production - the valuable interests of the insurer connected with partial or total compensation of losses of the insurer in case of loss occurrence which extent is established according to the Law;
8) crop production - the complex of productions of industry of agricultural industry including producers of agricultural products - the physical persons and legal entities which are engaged in production of crop production;
9) crop production products - products received in the course of cultivation of crops (grain, olive, sugar beet, cotton);
10) beneficiary - The insurer or the other person for benefit of whom the Agreement is signed;
11) the Insurer - the legal entity who obtained the license for the right of implementation of compulsory insurance in the crop production according to the procedure established according to the Rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of April 30, 2007 No. 122 (registered in the Register of state registration of regulatory legal acts No. 4731), obliged to make in case of loss occurrence insurance payment to the insurer or the other person for benefit of whom the agreement (beneficiary), within the amount (insurance sum) determined by the agreement is signed;
12) the Insurer - the person who is performing activities for production of crop production and signed the contract of compulsory insurance with the Insurer;
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