• Мое избранное
  • Сохранить в Word
  • Сохранить в Word
    (альбомная ориентация)
  • Сохранить в Word
    (с оглавлением)
  • Сохранить в PDF
  • Отправить по почте
LAW No. 446 OF 1st JULY 2003 OF THE REPUBLIC OF KAZAKHSTAN CONCERNING OBLIGATORY INSURANCE OF CIVIL LIABILITY OF TRANSPORT VEHICLES OWNERS
Документ показан в демонстрационном режиме! Стоимость: 35000 тг/год

Отправить по почте

Toggle Dropdown
  • Комментировать
  • Поставить закладку
  • Оставить заметку
  • Информация new
  • Скопировать ссылку
  • Редакции абзаца 
LAW No. 446 OF 1st JULY 2003 OF THE REPUBLIC OF KAZAKHSTAN
CONCERNING OBLIGATORY INSURANCE OF CIVIL LIABILITY OF TRANSPORT VEHICLES OWNERS
AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 125 of 31st January 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Entrepreneurship.  (Article 6).  Effective date n/a; 
2)  Law No. 128 of 20th February 2006 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Insurance.  (Articles: 6, 8, 10, 13, 14, 16, 17, 22, 23, 24, 25, 26, 29).  Effective date n/a;  
3)  Law No. 244 of 7th May 2007 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Obligatory Types of Insurance.  (Articles: 1, 7, 8, 8-1 introduced, 8-2 introduced, 9, 10, 16, 17, 18, 19 replaced, 20, 20-1 introduced, 22, 22-1 introduced, 23 repealed, 24, 25, 26, 26-1 introduced, 28, 29, 30-1 introduced, 30-2 introduced, 30-3 introduced, 30-4 introduced).  Effective date n/a, new paragraph 6 of Article 19 effective January 1, 2008;
4)  Law No. 34 of 26th May 2008 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Prevention and Liquidation of Emergency Situations.  (Article 16).  Effective date n/a;
5)  Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan. (Articles 6, 8 and 8-1).  Effective date n/a; 
6) Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation. (Articles: 1 replaced, 5, 8, 8-1, 8-3 introduced. 9, 10, 11, 12, 13, 15 replaced, 16, 17, 18, 18-1 introduced, 19 replaced, 22 replaced, 22-1, 24, 25, 26, 26-1, 28, 29, 30-1, 30-3, 30-4 replaced, 32 introduced). Effective date n/a, except for amendment to paragraph 5 of Article 10 which is effective January 1, 2010; 
7)  Law No. 238-IV of 6th January 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Customs Business. (Article 6). ).  Effective date n/a; 
8)  Law No. 297-IV of 30th June 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Customs Regulation and Taxation. (Article 6). Effective July 1, 2011; 
9)  Law No. 338 of 15th July 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance. (Articles: 8, 8-1 repealed, 8-2 repealed, 8-3 repealed, 16). Effective date January 1, 2011; 
10)  Law No. 399 of 24th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Performance of Obligatory Technical Inspection of Mechanical Transport Vehicles and Trailers to Them. (Articles: 6, 10). Effective date n/a; 
11)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations. (Articles: 1, 6 and 8). Effective date n/a; 
12)  Law No. 60 of 24th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 18-1). Effective date n/a; 
13) Law No. 195 of 17th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Road Traffic. (Articles: 5, 6, 7, 9, 10, 13, 16) Effective date n/a; 
14) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System. (Article 18-1). Effective date n/a; 
15) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Article 29). Effective January 1, 2015; 
16) Law No. 248 of 7th November 2014 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Further Improvement of the State Government System. (Articles: 6, 18-1). Effective date n/a; 
17) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan. (Articles: 1, 25). Effective January 1, 2015; 
18) Law No. 311 of 27th April 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Islamic Financing. (Article 8). Effective date n/a; 
19) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan. (Articles:1, 6, 17, 18, 18-1repealed, 19, 22 replaced, 24, 25, 26-1 replaced 29). Effective January 1, 2016; 
20) Law No. 499 of 9th April 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Postal Communications. (Article 10). Effective date n/a; 
21) Law No. 124 of 26th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Customs Regulation. (Article 6). Effective January 1, 2018; 
22) Law No. 134 of 10th January 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Evaluation Activities. (Articles:1, 16, 17, 18 22, 25, 26-1). Effective date n/a; 
23) Law No. 156 of 24th May 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Business Regulation Improvement. (Article 9). Effective date n/a; 
24) Law No. 166 of 2nd July 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Insurance Activity, Securities Market. (Articles: 1, 4, 7 replaced, 8, 9, 10, 11, 12, 12-1 introduced, 14, 15, 16, 17, 18, 19, 20 replaced, 21, 22, 24, 25, 26-1, 29-1 introduced, 30-1 repealed, 30-2 repealed, 30-3 repealed, 30-4 repealed). Effective date n/a;
25)  Law No. 210 of 28th December 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Administrative-Territorial System and Counteraction to Shadow Economy. (Article 19). Effective date n/a;
26) Law No. 241 of 2nd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Development of the Business Environment and Regulation of Trade Activity. (Article 14). Effective date n/a; and
27) Law No. 262 of 3rd July 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Regulation and Development of the Financial Market, Microfinance Activities and Taxation. (Articles: 6, 22). Effective January 1, 2020.
This Law shall regulate the relations arising in the area of the obligatory insurance of the civil liability of the transport vehicles owners, and establish legal, financial, and organizational grounds for its performance.
 CHAPTER I.  GENERAL PROVISIONS
Article 1.  The Fundamental Definitions Used in This Law
Introduced by 6) Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation.
	Amended by: 11)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations; 
17) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan; 
19) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan; 
22) Law No. 134 of 10th January 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Evaluation Activities; and
24) Law No. 166 of 2nd July 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Insurance Activity, Securities Market.
The following fundamental definitions shall be used in this Law:
1) [repealed by 22]
2) ‘bonus-malus’ system - a system of discounts and increments which is used in calculation of an amount of insurance premium to be paid under an agreement of obligatory insurance of the civil legal liability of owners of transport vehicles, through the application to an insurant (insured) increasing or decreasing coefficients depending on the presence or absence of insurance cases through his fault with allocation of an appropriate class according to the said system;
3) sufferer ¾ a person to whose life, health and (or) property harm was inflicted as a result of control of a transport vehicle, the liability for compensation of which in accordance with the legislation of the Republic of Kazakhstan is imposed on the insurant (insured) as an owner of the transport vehicle;
4) passenger ¾ a natural person who concluded a carriage agreement with a carrier in the verbal or written form;
5) integrated agreement ¾ an agreement of obligatory insurance of the civil legal liability of owners of transport vehicles which is concluded by a natural person, who is an owner of two and more units of transport vehicles specified in the insurance policy, and which is valid in relation to one insured natural person only;
6) civil legal liability of the owner of a transport vehicle ¾ a liability established by the civil legislation of the Republic of Kazakhstan for natural persons and legal entities to compensate harm inflicted to lives, health and (or) property of third persons as a result of operation of a transport vehicle as a source of high danger;
7) operation of a transport vehicle ¾ the use of a transport vehicle to move on roads, and also on territories adjacent to them which are arranged or adopted and used for movement of transport vehicles;
8) owner of a transport vehicle ¾ a natural person or legal entity which holds a transport vehicle on the basis of the right of ownership, right of business authority or right of operative control or on any other legal basis (agreement of property hire, in virtue of an order of a competent body concerning the transfer of the transport vehicle and other);   
9) transport accident ¾ an accident which happened in the process of operation of a transport vehicle and with its participation, and also movement of parts which separated from a transport vehicle and freight placed on it, as a result of which harm was inflicted to third persons;
10) beneficiary ¾ a person who in accordance with the Law is a recipient of an insurance payment;
11) insurance case ¾ an event with the occurrence of which the insurance agreement stipulates effecting an insurance payment;
11-1) insurance ombudsman means a natural person who is independent in own activity, who carries out the settlement of disagreements between the participants in the insurance market in accordance with the Law of the Republic of Kazakhstan “Concerning Insurance Activity”;
12) insurance amount ¾ a money amount for which an object of insurance is insured and which constitutes a maximum amount of the liability of the insurer in the event of occurrence of an insurance case;
13) insurance premium ¾ a money amount which the insurant is obliged to pay the insurer for the latter to undertake the liabilities to make an insurance payment to the insurant (beneficiary) in an amount determined by the insurance agreement;
14) insurance payment ¾ a money amount which is paid by the insurer to the insurant (beneficiary) within the insurance amount in the event of occurrence of an insurance case;
15) insurer ¾ a legal entity which obtained a licence for the right to carry out insurance activity in the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan, which is obliged in the event of occurrence of an insurance case to make an insurance payment to the insurant or another person, in for whose benefit the agreement is concluded (beneficiary), within an amount (insurance amount) determined by the agreement;
16) insured ¾ a person in relation to whom insurance is carried out;
17) insurant ¾ a person which concluded an insurance agreement with an insurer.  Unless it is provided for otherwise by the insurance agreement, the insurant shall be an insured at the same time;
18) standard agreement ¾ an agreement of obligatory insurance of the civil legal liability of owners of transport vehicles which is concluded by a natural person or legal entity, which is an owner of a transport vehicle specified in the insurance policy, and which is valid in relation to one or several insured persons;
19) direct settlement – the mechanism for settlement of an insurance case, under which the compensation of harm caused to the life, health and (or) property of the sufferer in a car accident is performed by the insurer, with which the sufferer has made an agreement on obligatory insurance of the civil legal liability of owners of transport vehicles within the volume of responsibility stipulated by this Law.   
 Article 2.  Legislation of the Republic of Kazakhstan on Obligatory Insurance of Civil Liability of the Transport Vehicles Owners  
1.  The legislation of the Republic of Kazakhstan on the obligatory insurance of the civil liability of the transport vehicles owners shall be based on the Constitution of the Republic of Kazakhstan, and shall consist of the Civil Code of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
2.  If an international treaty ratified by the Republic of Kazakhstan establishes rules different from those provided for by this Law, then the rules of the international treaty shall apply.
 Article 3.  Object of the Obligatory Insurance of Civil Liability of the Transport Vehicles Owners
The object of the obligatory insurance of the civil liability of the transport vehicles owners (hereinafter – the obligatory insurance of the liability of the transport vehicles owners) shall be the property interest of the insured related to his obligation established by the civil legislation of the Republic of Kazakhstan to compensate harm inflicted on the life, health and/or property of third parties as a result of the operation of the transport vehicle as a source of increased danger.
Article 4.  The Objective and Basic Principles of the Obligatory Insurance of Liability of the Transport Vehicles Owners
Amended by  24) Law No. 166 of 2nd July 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Insurance Activity, Securities Market.
1.  The objective of the obligatory insurance of the liability of the transport vehicles owners shall be providing for the protection of the property interests of third parties, whose lives, health and/or property were harmed as a result of operation of transport vehicles, by making insurance payments.
2.  The following shall be the basic principles of the obligatory insurance of the liability of the transport vehicles owners:
providing for protection of the property interests of the victims in the scope of, and in the procedure for, established by this Law;  
operation of the transport vehicle providing the owner of it has made a contract of the obligatory insurance of the liability of the transport vehicles owners;
providing for the implementation by the parties of their obligations under a contract of the obligatory insurance of the liability of the transport vehicles owners;
economic concernment of the owners of the transport vehicles in the increase of the road traffic safety.
Article 5.  Persons whose Civil Liability is Subject to Obligatory Insurance  
Amended by: 6) Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation; and
13) Law No. 195 of 17th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Road Traffic.
1.  Obligatory insurance shall apply to the civil legal liability of owners of:   
1) passenger cars, lorries, buses, micro buses and transport vehicles built on their base, motor transport and trailers (semi-trailers) to them that are registered (subject to state registration) at units of the authorised body for ensuring the road traffic safety, and also trams and trolley buses;   
2) those temporarily entered (imported) in the territory of the Republic of Kazakhstan;   
3) transport vehicles specified in subparagraphs 1) and 2) of this paragraph that are supplied by their own moving from manufacturer organisations, repair and trading organisations, customs control bodies to the place of registration, and also those deregistered by the unit of the authorised body for ensuring the road traffic safety in connection with the change of the owner’s place of residence or alteration of the ownership right.   
2.  The civil liability of the owner of a transport vehicle shall be subject to be insured with respect to each unit of the transport vehicle used by the owner.
The entering into a contract of the voluntary insurance of the civil liability of the transport vehicles owners shall not exempt the owner of the transport vehicle from the liability to enter into a contract of the obligatory insurance of the  liability of the transport vehicles owners.  
3.  A contract of the obligatory insurance of the liability of the transport vehicles owners shall not be entered into in case of entry to the territory of the Republic of Kazakhstan of a transport vehicle registered in other state whose owner entered into a  contract of the obligatory insurance of the liability of the transport vehicles owners recognized by the Republic of Kazakhstan in accordance with the terms of international treaty concluded between this state and the Republic of Kazakhstan.
4.  No agreement on obligatory insurance of the liability of owners of transport vehicles shall be concluded by owners, whose transport vehicles are not subject to state registration and recording (except for trams and trolley buses) at units of the authorised body for ensuring the road traffic safety in accordance with the legislation of the Republic of Kazakhstan.   
Harm inflicted to the victims as a result of operation of transport vehicles by the owners indicated in this paragraph shall be compensated in the procedure as established by the Civil Code of the Republic of Kazakhstan.