This Law shall regulate social relations that emerge in the sphere of obligatory insurance of civil liability of owners of facilities the functioning of which is associated with the risk of causing harm to third parties and shall establish legal, economic and organisational bases of its carrying out.
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LAW No. 580 OF 7th JULY 2004 OF THE REPUBLIC OF KAZAKHSTAN CONCERNING THE OBLIGATORY INSURANCE OF THE CIVIL LIABILITY OF OWNERS OF FACILITIES OF WHICH THE FUNCTIOINING IS ASSOCIATED WITH THE RISK OF CAUSING HARM TO THIRD PARTIES
AMENDMENTS AND ADDITIONS INTRODUCED BY: 1) 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; 2) Law No. 275 of 4th May 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 Obligatory Insurance of the Civil legal Liability of Owners of Items, Whose Activity Relates to Danger of Inflicting Harm to This Persons. (Articles: 1 replaced, 3, 4, 5 replaced, 6, 8, 9, 12, 14, 15 replaced, 16, 17 replaced, 18, 19, 20). 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 7). Effective date n/a; 5) Law No4) Law No. 189 of 11th 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 Civil Protection. (Articles: 1, 5, 7, 16). Effective date n/a; . 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: 20, 21). Effective January 1, 2015; 6) Law No. 239 of 29th September 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 Delimitation of Powers Among the State Administration Levels. (Article 16). Effective date n/a; 7) 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 4-1). Effective date n/a; 8) 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 7). Effective date n/a; 9) 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, 7-1 introduced, 8, 8-1 introduced, 12, 13, 14, 17, 19, 21-1 introduced).Effective date n/a, except for amendments to: paragraphs 4, 4-1, the second part of paragraph 5 and paragraph 6 of Article 8, Article 8-1, subparagraph 3) of paragraph 1 of Article 12, the foruth part of Article 17, the second part of paragraph 1 and paragraph 2 of Article 19 shall be effective from 1st January 2019; and 10) 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: 7, 8-1). Effective January 1, 2020.
Article 1. The Fundamental Definitions Used in This Law
Introduced by 2) Law No. 275 of 4th May 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 Obligatory Insurance of the Civil legal Liability of Owners of Items, Whose Activity Relates to Danger of Inflicting Harm to These Persons. Amended by: 4) Law No. 189 of 11th 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 Civil Protection; and 9) 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) emergency * destruction of buildings, structures and (or) technical facilities that are used at a dangerous industrial item, spontaneous explosion and (or) escape of dangerous matters;
2) incident * failure or malfunction of technical devices that are used at a dangerous industrial item, departure from the regime of a technological process, violation of the legislation of the Republic of Kazakhstan;
3) dangerous industrial factor * a physical phenomenon which occurs during emergencies, incidents at dangerous industrial items, which inflicts harm to lives, health and (or) property of third persons;
4) owner of an item, whose activity relates to danger of inflicting harm to third persons * a natural persons and (or) legal entity that holds an item, whose activity relates to danger of inflicting harm to third persons, on the right of ownership, right of business authority or right of operative control or on any other legitimate basis;
5) civil legal liability of the owner of an item, whose activity relates to danger of inflicting harm to third persons * the liability established by the civil legislation of the Republic of Kazakhstan for natural persons and (or) legal entities to compensate harm inflicted to lives, health and (or) property of third persons with a dangerous industrial factor;
6) beneficiary * a person who in accordance with this Law is a recipient of the insurance payment;
7) insurance case * an event with the occurrence of which the agreement of obligatory insurance of the liability of owners of items, whose activity relates to danger of inflicting harm to third persons, stipulates effecting an insurance payment;
7-1) insurance ombudsman * a natural person carrying out the settlement of disagreements among participants of the insurance market in accordance with the Law of the Republic of Kazakhstan “Concerning Insurance Activity”, who is independent in own activity;
8) insurance amount * a money amount, for which an obligatory insurance item is insured and which constitutes the maximum amount of the liability of the insurer when an insurance case occurs;
9) insurance premium * a money amount which the insurant is obliged to pay the insurer for the undertaking by the latter of obligations to make an insurance payment to the insurant (beneficiary) in an amount determined by the agreement of obligatory insurance of the liability of owners of items;
10) insurance payment * a money amount that is paid by the insurer to the insurant (beneficiary) within the limits of the insurance amount where an insurance case occurs;
11) insurer * a legal entity registered as an insurance organisation and having a licence for the right to carry out insurance activity, which is obliged where an insurance case occurs to effect an insurance payment to the insurant or other person (beneficiary) within the amount (insurance amount) as determined by the agreement;
12) insured * a person in relation to whom insurance is carried out;
13) insurant * a person which concluded with the insurer an agreement of obligatory insurance of the civil legal liability of the owner of an item, whose activity relates to danger of inflicting harm to third persons. Unless it is stipulated otherwise by the insurance agreement, the insurant shall be the insured at the same time;
14) authorised body means the central executive body exercising guidance and inter-sectoral coordination, elaboration and implementation of the state policy in the sphere of civil protection;
15) third person * a person to whose life, health and (or) property harm is inflicted with a dangerous industrial factor.
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