LAW No. 93 OF 13th DECEMBER 2005 OF THE REPUBLIC OF KAZAKHSTAN 

CONCERNING THE OBLIGATORY ECOLOGICAL INSURANCE 

AMENDMENTS AND ADDITIONS INTRODUCED BY:
  1)  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 11).  Effective date n/a;
  2)  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. (Article 4-1 introduced). Effective date n/a;  
  3)  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. (Article 6). Effective date n/a; and
  4) 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.  (Articles: 21, 22). Effective January 1, 2015

This Law shall regulate the public relations emerging in the sphere of the obligatory ecological insurance and it shall establish the legal, economic and institutional fundamentals for its performance.

The following fundamental definitions are used in this Law:

1)  victim  a person whose life, health and (or) property has been damaged by emergency contamination of environment;  

2)  emergency contamination of environment  sudden, unintended contamination of environment, caused by an accident that took place in the course of conducting ecologically-hazardous types of business or other activities of physical persons and (or) legal entities, representing emission into the atmosphere and (or) discharge of solid substances into water or spread of solid, liquid or gaseous pollutants in a land surface area, in subsurface or generation of fumes, noises, vibrations, radiation, or electromagnetic, thermal, light pollution or other types of harmful impact physical, chemical, biological, which at certain time exceeds allowed levels;

3)  obligatory ecological insurance  a range of relations associated with the material protection of legitimate interests of physical and (or) legal entities (insurants) in the case of emergence of civil-law liability with regard to liabilities emerging due to causing harm to lives, property of third parties and (or) environment resulting from its emergency contamination;

4)  agreement for obligatory ecological insurance  an agreement concluded between the insurer and the insurant on the terms defined in this Law;

5)  beneficiary  an entity that in accordance with this law is the recipient of the insurance compensation;

6)  insurable event  an event of which the emergence entails the payment of the insurance compensation provided for by the ecological insurance agreement;

7)  insurance amount  amount of funds for which an item in the obligatory ecological insurance is insured and which represents the maximum amount of liability of the insurer in the case of occurrence of the insurable event;

8)  insurance premium  amount of funds which the insurant is obliged to pay to the insurer for the latter undertaking the obligation of making the insurance payment to the beneficiary in the amount defined in the obligatory ecological insurance agreement;

9)  insurance compensation  amount of funds payable by the insurer to the beneficiary within the amount of the insurance compensation in the case of occurrence of an insurable event;

10)  insurer  a legal entity that has been registered as an insurance organisation and has a licence providing it with the right to carry out insurance business, which in the case of emergence of an insurable event shall be obliged to make an insurance compensation to the beneficiary within an insurance amount defined in the agreement;

11)  insured  an entity for whom the obligatory ecological insurance is carried out;

12)  insurant  a physical person and (or) legal entity carrying out ecologically-hazardous types of business activities and other activity, who concluded with the insurer obligatory ecological insurance agreements;

13)  third parties  entities in legal relations participating in the procedures ensuing from the obligatory ecological insurance, whose interests have been damaged;

14)  authorised body  the central executive authority in the sphere of environmental protection and its territorial units;