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1, 7, 8, 8-1 introduced, 8-2 introduced, 9, 10, 16, 17, 18, 19 replaced, 20, 20-1 introduced, 22, 22-1 introduced, 23 repealed, 24, 25, 26, 26-1 introduced, 28, 29, 30-1 introduced, 30-2 introduced, 30-3 introduced, 30-4 introduced).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;  
  Amended by 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; and
  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

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.

The following fundamental definitions shall be used in this Law:

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, power of attorney to control a transport vehicle 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;

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;