On compulsory civil-liability insurance of a carrier to passengers

Unofficial English summary prepared for informational purposes. Official source: Әділет / adilet.zan.kz. Version checked: 2026-06-20. This is a reference card; in case of discrepancies, the official Kazakh and Russian texts prevail.

Metadata


Act number	№ 444-II
Act type	Law of the RK
Authority	Parliament of the RK
Adoption date	01.07.2003
Last amended	12.07.2022
Status	In force
Әділет identifier	Z030000444_

Scope and relevance

The law establishes compulsory civil-liability insurance of a carrier (across all modes of transport) for harm to the life, health and property of passengers during carriage.

Official source

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z030000444_ The relevance of the editorial office has been verified: 2026-06-20.

TABLE OF CONTENTS

This Law regulates relations arising in the field of compulsory insurance of civil liability of a carrier to passengers, and establishes the legal, financial and organizational basis for its implementation.

Chapter I. General provisions

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

victim - a passenger whose life, health and (or) property was harmed during transportation;

2) passenger - an individual who has entered into a contract of carriage with the carrier orally or in writing;

3) the passenger’s property – the passenger’s luggage and carry-on luggage carried by the passenger, for damage to which during transportation the carrier is responsible;

4) beneficiary - a person who, in accordance with this Law, is the recipient of the insurance payment;

5) insured event - an event upon the occurrence of which the insurance contract provides for the implementation of insurance payment;

insurance ombudsman – an individual independent in his activities who resolves disagreements between participants in the insurance market in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

7) sum insured - the amount of money for which the insurance object is insured and which represents the maximum amount of liability of the insurer upon the occurrence of an insured event;

8) insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the policyholder (beneficiary) in the amount determined by the insurance contract;

9) insurance payment - the amount of money paid by the insurer to the policyholder (beneficiary) within the limits of the insured amount upon the occurrence of an insured event;

10) insurer - a legal entity that has received a license for the right to carry out insurance activities on the territory of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan, which is obliged, upon the occurrence of an insured event, to make an insurance payment to the insured or another person in whose favor the contract was concluded (beneficiary), within the limits of the amount specified in the contract (insurance amount);

11) insured – a person in respect of whom insurance is carried out;

12) policyholder - a person who has entered into an insurance agreement with the insurer. Unless otherwise provided by the insurance contract, the policyholder is at the same time the insured;

13) carrier - an individual or legal entity that owns a railway, sea, inland waterway, air, road vehicle, including urban rail transport, on the right of ownership or on other legal grounds and carries out the transportation of passengers and their property for a fee or for hire in accordance with the legislation of the Republic of Kazakhstan;

14) civil liability of the carrier to passengers - the carrier’s obligation established by the civil legislation of the Republic of Kazakhstan to compensate for damage caused to the life, health and (or) property of passengers during their transportation;

15) deductible – exemption of the insurer from compensation for damage not exceeding a certain amount.

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of the carrier to passengers

The legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of the carrier to passengers is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by this Law, then the rules of the international treaty apply.

3. The provisions of this Law applied to the insurer, including the insurance organization, apply to branches of non-resident insurance organizations of the Republic of Kazakhstan opened on the territory of the Republic of Kazakhstan.

Article 3. Object of compulsory insurance of civil liability of the carrier to passengers

The object of compulsory insurance of the carrier's civil liability to passengers (hereinafter referred to as compulsory carrier liability insurance) is the carrier's property interest associated with its obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for damage caused to the life, health and (or) property of passengers during their transportation.

Article 4. Main goals, principles and objectives of compulsory carrier liability insurance

Footnote: Footnote. The title of Article 4 is as amended by the Law of the Republic of Kazakhstan dated June 30, 2025 No. 205-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

The main purpose of compulsory carrier liability insurance is to ensure the protection of the property interests of passengers during their transportation through insurance payments.
The basic principles of compulsory carrier liability insurance are:

ensuring the protection of the property interests of victims in the scope and manner established by this Law;

the carrier's transportation of passengers and their property, the liability of which is insured under a compulsory carrier liability insurance agreement;

ensuring that the parties fulfill their obligations under the compulsory carrier liability insurance agreement.

3. The main objectives of compulsory carrier liability insurance are:

ensuring compensation for harm caused to the life, health and (or) property of passengers during their transportation;

2) protection of the rights and legitimate interests of passengers whose life, health and (or) property were harmed during their transportation.

Article 5. Persons whose civil liability is subject to compulsory carrier liability insurance

The civil liability of resident carriers of the Republic of Kazakhstan transporting passengers and their property on railway, sea, inland waterway, air, road and urban rail transport is subject to compulsory insurance.

2. The civil liability of the carrier is subject to insurance for each unit of the vehicle used to transport passengers and their property.

The conclusion of a contract of voluntary insurance of the carrier's civil liability to passengers does not relieve the carrier from the obligation to conclude a contract of compulsory insurance of the carrier's liability.

Chapter 2. Ensuring the functioning of the compulsory carrier liability insurance system

Article 6. State control and supervision in the field of compulsory carrier liability insurance

State control and supervision over the activities of insurance organizations is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body) in accordance with the legislation of the Republic of Kazakhstan.
State control over the carrier’s compliance with this Law regarding the conclusion of a compulsory carrier liability insurance agreement is assigned to:

divisions of the authorized body for ensuring road safety in relation to the operation of automobile and urban rail transport;
the authorized state body in the field of transport and communications in relation to the operation of air transport;
state revenue authorities of the Republic of Kazakhstan at automobile checkpoints across the State border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union.

Article 7. Inadmissibility of transporting passengers without concluding a contract of compulsory liability insurance of the carrier

Transportation of passengers by a carrier that has not concluded a contract of compulsory carrier liability insurance is not permitted.

2. A carrier carrying out international transportation is obliged to conclude a carrier liability insurance agreement in accordance with international treaties ratified by the Republic of Kazakhstan.

3. Divisions of the authorized body for ensuring road safety and transport control authorities, when checking documents, are obliged to verify the carrier’s fulfillment of the obligation to conclude a compulsory carrier liability insurance agreement.

4. For violation of paragraph 1 of this article, the authorized state body in the field of transport and communications shall suspend the carrier’s license for a period of up to six months.

Article 8. Features of compulsory carrier liability insurance

Before receiving a license for the right to carry out compulsory insurance of civil liability of a carrier to passengers, an insurance organization is obliged to conclude a participation agreement with the Insurance Payments Guarantee Fund in the manner prescribed by the Law of the Republic of Kazakhstan “On the Insurance Payments Guarantee Fund,” with the exception of a newly created insurance organization, which concludes this agreement within thirty calendar days from the date of receipt of a license for the specified type of compulsory insurance.

2. An insurer providing compulsory carrier liability insurance is obliged to annually publish its consolidated financial statements, and in the absence of a subsidiary (subsidiaries) organization (organizations), unconsolidated financial statements and an audit report in the Kazakh and Russian languages in at least two periodicals distributed throughout the territory of the Republic of Kazakhstan, in the manner and within the time limits established by the authorized body.

3. Activities aimed at limiting or eliminating competition, providing or obtaining unjustified advantages in concluding compulsory carrier liability insurance contracts by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.

4. State-owned enterprises, as well as joint-stock companies in which a controlling stake belongs to the state, and legal entities affiliated with them are required to purchase insurance services for compulsory carrier liability insurance in accordance with the legislation of the Republic of Kazakhstan on public procurement.

Article 9. Information interaction

Subdivisions of the authorized body for ensuring road safety shall issue one copy free of charge to the participants of a traffic accident on automobile passenger transport of documents confirming the occurrence of an insured event, including a copy of the protocol on violation of traffic rules with a diagram of the incident.
Divisions of the authorized body for ensuring road safety, prosecutors, courts, health care organizations, other government bodies and organizations that have information about an accident in passenger transport and its consequences are required to provide this information to the insurer, insured, beneficiary and insurance ombudsman when they apply.
If it is impossible for the carrier engaged in automobile passenger transportation to inform the victims or their heirs about the occurrence of an insured event, the divisions of the authorized body for ensuring road safety inform the relevant insurer about this traffic accident.

Any other person also has the right to report an insured event to the insurer.

4. The types of information interaction specified in paragraphs 2 and 3 of this article can be carried out through the exchange of electronic information resources through a unified insurance database.

Chapter 3. Contract of compulsory carrier liability insurance

Article 10. Contract of compulsory carrier liability insurance and the procedure for its conclusion

Compulsory carrier liability insurance is carried out on the basis of an agreement concluded between the insured and the insurer in accordance with this Law.
The contract of compulsory carrier liability insurance provides for the implementation of insurance payment for obligations arising as a result of harm to the life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including loss of the marketable value of the property, as well as compensation for penalties in connection with the violation of the terms of delivery of goods or production of work (rendering services) by the victim, his other obligations under contracts (agreements).
The compulsory carrier liability insurance contract must be concluded only with an insurer licensed to carry out activities in this type (class) of compulsory insurance.

The policyholder is free to choose an insurer.

The insurer has no right to refuse the policyholder to enter into a contract of compulsory carrier liability insurance, except for cases provided for by the laws of the Republic of Kazakhstan.

Under a contract of compulsory carrier liability insurance, the policyholder undertakes to pay an insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the beneficiary in the amount, manner and terms established by this Law.

4. The contract of compulsory carrier liability insurance is concluded by the insurer issuing an insurance policy in electronic form.

The basis for concluding a contract of compulsory carrier liability insurance is the application of the insured.

The insurer is responsible for the incompleteness of the conditions to be specified in the compulsory carrier liability insurance contract. If a dispute arises under a compulsory carrier liability insurance contract due to incompleteness of some of its terms, the dispute is resolved in favor of the policyholder.

4-1. A compulsory carrier liability insurance contract, at the request of the policyholder, can be concluded by contacting the insurer or by exchanging electronic information resources between the policyholder and the insurer.

In addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, the insurance policy must contain the maximum amount of liability of the insurer for one insured event.

Requirements for the content and execution of an insurance policy for compulsory carrier liability insurance are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

If the insurer has entered into a contract of compulsory carrier liability insurance under conditions that worsen the position of the policyholder (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer bears obligations to the policyholder (insured) and the victim on the terms established by this Law.

Article 10-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory carrier liability insurance and settling insurance claims through the exchange of electronic information resources

When concluding a contract of compulsory carrier liability insurance in electronic form and settling insurance cases under it, an Internet resource and (or) the insurer’s information system are used to exchange electronic information resources between the organization for the formation and maintenance of the database, the insurer and the policyholder (the insured, the beneficiary).

When submitting an application for concluding a compulsory carrier liability insurance agreement in electronic form and settling an insured event, the policyholder is not required to use specialized software.

On the Internet resource of the organization for the formation and maintenance of the database, there is a link to the Internet resource of the insurance organization, used for concluding compulsory carrier liability insurance contracts and settling insurance claims in electronic form.

2. The procedure for the exchange of electronic information resources between the organization for the formation and maintenance of the database and the insurer, insurer and policyholder (insured, beneficiary) is determined by the regulatory legal act of the authorized body.

3. When concluding a contract of compulsory carrier liability insurance and settling insured events under it using the insurer’s Internet resource, the insurer is obliged to provide:

immediate sending to the policyholder of a notice of the conclusion of a compulsory carrier liability insurance agreement or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;

2) notification of the policyholder (insured) about the main stages of the process of settling the insured event, including refusal to accept documents for settlement (indicating the reasons for the refusal), in the form of an electronic message in the manner determined by the regulatory legal act of the authorized body;

3) the possibility for the policyholder (insured) to check information on the concluded contract of compulsory carrier liability insurance on the Internet resource of the insurance organization;

4) the ability for the policyholder (the insured, the beneficiary) to check information on the insured event under the compulsory carrier liability insurance contract on the insurance company’s Internet resource;

5) storage of the compulsory carrier liability insurance contract in electronic form and information on the insured event on it, ensuring round-the-clock access for the policyholder (insured, beneficiary) to the insurer’s Internet resource;

6) the opportunity for the policyholder (insured, beneficiary) to create and send to the insurer information in electronic form (applications, notifications and (or) other documents, information) necessary for:

concluding a contract of compulsory carrier liability insurance;

early termination of the compulsory carrier liability insurance contract;

notifications about the occurrence of an insured event (an event considered as an insured event);

determining the amount of harm caused;

receiving insurance payment;

settlement of disputes arising from the compulsory carrier liability insurance contract, taking into account the features provided for in Article 24-1 of this Law.

Notification of the conclusion of a compulsory carrier liability insurance agreement and the settlement of insured events under it is sent from the organization for the formation and maintenance of the database.

Requirements for the procedure and content of notifications on the conclusion of a compulsory carrier liability insurance agreement and the settlement of insured events under it are determined by the authorized body.

4. When concluding a contract of compulsory carrier liability insurance through the exchange of electronic information resources, the insurance contract is considered concluded from the date of payment by the insured of the insurance premium (the first insurance premium in the case of paying the insurance premium in installments), unless otherwise provided by the compulsory carrier liability insurance contract.

5. When concluding a contract of compulsory carrier liability insurance through the exchange of electronic information resources, the policyholder pays the insurance premium (the first insurance premium in the case of paying the insurance premium in installments) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to enter into an accession agreement on the terms offered to him.

6. The insurer provides the opportunity to conclude compulsory carrier liability insurance contracts and settle insured events under them using the insurer’s Internet resource around the clock.

7. The activity of insurance agents in concluding compulsory carrier liability insurance contracts is not permitted.

Article 11. Validity of the compulsory carrier liability insurance agreement

The contract of compulsory carrier liability insurance is valid in relation to all persons recognized as victims in accordance with this Law.
The contract of compulsory carrier liability insurance comes into force and becomes binding on the parties from the moment the policyholder pays the insurance premium, and if it is paid in installments, the first insurance premium, unless otherwise provided by the terms of the compulsory carrier liability insurance contract.
The contract of compulsory carrier liability insurance is concluded for a period of twelve months from the date of its entry into force, except for the case provided for in paragraph 4 of this article.

The compulsory carrier liability insurance contract is valid for the entire insurance period and does not terminate upon the first insured event.

If the carrier’s right to transport passengers and their property expires within a period of less than twelve months, then the contract of compulsory liability insurance of the carrier is concluded only for this period.

4-1. It is allowed to conclude an agreement on compulsory insurance of the carrier's liability to passengers for a period of less than twelve months with creditors (policyholders) of a liquidated insurance organization participating in the system of guaranteeing insurance payments.

The validity of the compulsory carrier liability insurance agreement is limited to the territory of the Republic of Kazakhstan, unless otherwise provided by an international treaty concluded by the Republic of Kazakhstan.

Article 12. Early termination of the contract of compulsory carrier liability insurance

The contract of compulsory liability insurance of the carrier is terminated early in cases established by the Civil Code of the Republic of Kazakhstan.
For early termination of the contract of compulsory carrier liability insurance, the policyholder (in the event of the death of the policyholder, his heir(s)) submits a written application to the insurer.
In case of early termination of a compulsory carrier liability insurance contract and the conclusion of a new compulsory carrier liability insurance contract with the same insurer, the insurer has the right to withhold part of the insurance premium in the following amounts:

NSP = SP * n/N, where:

NSP – the amount of the insurance premium withheld by the insurer (in tenge);

SP – the amount of the insurance premium paid under the carrier’s compulsory insurance contract (in tenge);

n – the period elapsed from the date of entry into force of the carrier’s compulsory insurance contract until the date of its early termination (in days), including the day of application;

N – term for concluding a contract of compulsory carrier liability insurance (in days).

4. If the conditions provided for in paragraph 3 of this article are not met, the insurer has the right to withhold part of the insurance premium upon early termination of the compulsory carrier liability insurance contract in the following amounts:

No. Period elapsed from the entry into force of the compulsory carrier liability insurance contract until its early termination Amount of insurance premium (as a percentage of the annual insurance premium) 1 2 3 1 up to 1 month inclusive 20 2 from 1 to 2 months inclusive 30 3 from 2 to 3 months inclusive 40 4 from 3 to 4 months inclusive 50 5 from 4 to 5 months inclusive 60 6 from 5 to 6 months inclusive 70 7 from 6 to 7 months inclusive 75 8 from 7 to 8 months inclusive 80 9 from 8 to 9 months inclusive 85 10 from 9 to 10 months inclusive 90 11 from 10 to 11 months inclusive 95 12 over 11 months 100

Article 13. Rights and obligations of the policyholder (insured)

Footnote: Footnote. The title of Article 13 as amended by the Law of the Republic of Kazakhstan dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

The policyholder (insured) has the right:

demand from the insurer an explanation of the conditions of compulsory carrier liability insurance, its rights and obligations under the compulsory carrier liability insurance agreement;
use the services of an independent expert to assess the amount of damage caused to the health and (or) property of the victim;
get acquainted with the results of assessing the amount of damage caused and calculations of the amount of insurance payment made by the insurer (including through the insurer’s Internet resource) or an independent expert;
terminate the contract of compulsory carrier liability insurance early (this right applies only to the policyholder);

5-1) contact the insurer, taking into account the specifics provided for in Article 24-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory carrier liability insurance agreement;

send an application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including its branch, representative office, other separate structural unit, Internet resource) taking into account the specifics provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”;
receive insurance payment in cases provided for by this Law.

The compulsory carrier liability insurance contract may also provide for other rights of the policyholder (insured) that do not contradict the laws of the Republic of Kazakhstan.

The policyholder is obliged:

when concluding a compulsory carrier liability insurance contract, provide the insurer with the information necessary to include it in the compulsory carrier liability insurance contract in accordance with this Law;
pay insurance premiums in the amount, procedure and terms established by the compulsory carrier liability insurance agreement;
immediately, but no later than three working days, as he became aware of the occurrence of an insured event, notify the insurer about this in an accessible way (orally, in writing). A verbal communication must be subsequently (within seventy-two hours) confirmed in writing. In cases where the policyholder and the insured are not the same person, the obligation to inform the insurer about the occurrence of an insured event rests with the insured. If the policyholder (insured) for good reasons was not able to perform the specified actions, he must document this;
upon the occurrence of an insured event, take reasonable and accessible measures under the current circumstances to prevent or reduce possible losses, including measures to save property and provide assistance to injured persons;
inform the relevant authorities based on their competence (units of the authorized body for ensuring road safety, state fire service authorities, emergency medical services, emergency services) about the insured event and the injured persons;
draw up a report on an insured event in transport;
ensure the transfer to the insurer of the right of recourse to the person responsible for the occurrence of the insured event.

The compulsory carrier liability insurance contract may also provide for other obligations of the insured that do not contradict the laws of the Republic of Kazakhstan.

The obligations of the policyholder specified in subparagraphs 4), 5) and 7) of paragraph 2 of this article are assigned to the person who directly drove the vehicle at the time of the insured event.

Article 14. Rights and obligations of the insurer

The insurer has the right:

when concluding a compulsory carrier liability insurance contract, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the insurer to provide information necessary for inclusion in the compulsory carrier liability insurance contract in accordance with this Law, including information about previous compulsory carrier liability insurance contracts, insured events and insurance payments;
request from the relevant government bodies and organizations, based on their competence, documents confirming the fact of the occurrence of an insured event and the amount of harm caused to the victims;
assess the damaged (destroyed) property of the victim to establish the causes and other circumstances of the transport accident;
use the services of an independent expert to assess the amount of damage caused to the health and (or) property of the victim and determine the amount of insurance payment upon the occurrence of an insured event;
make a right of recourse against the person responsible for causing harm in the cases provided for in Article 23 of this Law;
refuse to make insurance payments in whole or in part on the grounds provided for in Article 24 of this Law.

The compulsory carrier liability insurance contract may also provide for other rights of the insurer that do not contradict the civil legislation of the Republic of Kazakhstan.

The insurer is obliged:

familiarize the policyholder (insured) with the terms of compulsory carrier liability insurance, including the rights and obligations of the parties arising from the compulsory carrier liability insurance agreement;
when concluding a contract of compulsory carrier liability insurance, issue an insurance policy to the policyholder (insured);
upon notification of an insured event (event considered as an insured event) that occurred during the period of insurance protection under the compulsory carrier liability insurance agreement, immediately register it and submit information on this insured event (event considered as an insured event) to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body;
within seven working days from the receipt of a notification about the occurrence of an insured event, at the request of the insured or his representative, assess the amount of damage caused, draw up an insurance act indicating the calculation of the amount of insurance payment and provide it to the beneficiary for review;

4-1) if there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, within three working days from the date of receipt, inform the applicant about this, indicating the full list of missing and (or) incorrectly executed documents;

upon the occurrence of an insured event, make an insurance payment in the amount, manner and terms established by this Law;

5-1) upon receipt of an application from the insured (victim, beneficiary), consider the requirements of the insured (victim, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

5-2) upon receipt from the policyholder (victim, beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

reimburse the policyholder (insured) for expenses incurred in order to prevent or reduce losses in the event of an insured event;
ensure the secrecy of insurance.

The compulsory carrier liability insurance contract may also provide for other obligations of the insurer that do not contradict the laws of the Republic of Kazakhstan.

Article 15. Rights of the victim

The victim has the right:

inform the insurer about the occurrence of an insured event that occurred as a result of the transportation of passengers and their property by the policyholder (insured);
instead of the policyholder (insured), collect the documents necessary to make an insurance payment and submit them to the insurer with whom the policyholder (insured) has entered into a compulsory carrier liability insurance agreement;
use the services of an independent expert to assess the amount of damage caused to health and (or) property;
get acquainted with the results of assessing the amount of damage caused and calculations of the amount of insurance payment made by the insurer or an independent expert;
receive insurance payment in the amount, manner and terms established by this Law;

send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including its branch or representative office);
submit a claim to the carrier for compensation for damage caused in the amount of excess of the amount of damage caused over the amount of the insurance payment received.

In cases provided for by this Law, the rights of the victim established by paragraph 1 of this article are transferred to other persons acting as beneficiaries.

Chapter 4. Insurance premiums

Article 16. Amount of insurance premium

When implementing compulsory carrier liability insurance, the following amounts of annual insurance premiums per unit of vehicle are established (in monthly calculation indices):

N! Vehicle name! Annual size

p/p! ! insurance premium

1 Automotive

cars,

buses, minibuses:

up to 4 passenger seats inclusive 3

over 4 to 7 passenger seats inclusive 5

over 7 to 16 passenger seats inclusive 11.5

over 16 to 30 passenger seats inclusive 16

over 30 passenger seats 23

trams, trolleybuses 7

2 Air

airplanes

up to 50 passenger seats inclusive 400

over 50 to 120 passenger seats 990

over 120 to 200 passenger seats 2180

over 200 passenger seats 3820

helicopters 135

3 Marine

up to 50 passenger seats inclusive 50

over 50 to 100 passenger seats 100

over 100 to 150 passenger seats 150

over 150 to 300 passenger seats 300

over 300 passenger seats 530

4 Inland waterway

up to 50 passenger seats inclusive 17.5

over 50 to 100 passenger seats 35

over 100 to 150 passenger seats 50

over 150 to 300 passenger seats 90

over 300 passenger seats 160

The amount of the insurance premium for compulsory liability insurance of a carrier carrying out railway transportation is 0.2 percent of the amount of income from the services sold for the transportation of passengers and their property received (receivable) by the carrier on the territory of the Republic of Kazakhstan during the period of validity of the carrier's liability insurance contract, paid in the form of monthly installments from the income received (receivable) for the month.
When concluding a contract of compulsory carrier liability insurance for a period of less than twelve months, the following insurance premiums are established:

No. Insurance period Amount of insurance premium (as a percentage of the annual insurance premium) 1 2 3 1 up to 1 month inclusive 20 2 from 1 to 2 months inclusive 30 3 from 2 to 3 months inclusive 40 4 from 3 to 4 months inclusive 50 5 from 4 to 5 months inclusive 60 6 from 5 to 6 months inclusive 70 7 from 6 to 7 months inclusive 75 8 from 7 to 8 months inclusive 80 9 from 8 to 9 months inclusive 85 10 from 9 to 10 months inclusive 90 11 from 10 to 11 months inclusive 95 12 over 11 months 100

This paragraph does not apply to the contract of compulsory carrier liability insurance concluded by the carrier engaged in rail transportation.

4. If a contract of compulsory carrier liability insurance is concluded using the insurer’s Internet resource, at the insurer’s discretion, the policyholder may be provided with a discount in the amount of no more than ten percent of the payable insurance premium, calculated in accordance with this article and Article 17 of this Law.

In this case, the contract of compulsory liability insurance of the carrier must simultaneously indicate the total amount of the insurance premium and the amount of the insurance premium taking into account the discount (if any).

It is not allowed to provide discounts when concluding compulsory carrier liability insurance contracts in other ways without using the insurer’s Internet resource.

Article 17. Increase in the amount of insurance premiums

When concluding a contract of compulsory liability insurance of a carrier to passengers engaged in railway transportation, the amount of the insurance premium provided for in paragraph 2 of Article 16 of this Law may be increased by the insurer based on the results of its assessment of the insurance risk, but to an amount not exceeding 0.5 percent of the amount of income received (to be received) from the transportation of passengers and their property across the territory of the Republic of Kazakhstan during the period of validity of the compulsory carrier liability insurance contract.
When concluding a contract of compulsory liability insurance for a carrier carrying out other types of passenger transportation, except for rail, the amount of the insurance premium provided for in paragraph 1 of Article 16 of this Law may be increased by the insurer based on the results of its assessment of the insurance risk, but not more than 2 times.

Article 18. Procedure and terms for payment of insurance premiums

The procedure and terms for payment of the insurance premium are established by the contract of compulsory liability insurance of the carrier.
If the contract of compulsory carrier liability insurance provides for the payment of the insurance premium in installments, then the failure of the policyholder to pay the next insurance premium cannot be the basis for the insurer to terminate this contract early.
In case of untimely payment of the next insurance premium, the policyholder is obliged to pay a penalty to the insurer in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

4. The insurer provides the opportunity to pay the insurance premium by non-cash method through the insurer’s Internet resource.

Chapter 5. Determination of the insured event, the amount of damage caused and the insurance payment

Article 19. Determination of the insured event and the amount of damage caused

An insured event under compulsory carrier liability insurance is recognized as the fact of the carrier’s civil liability for compensation for damage caused to the life, health and (or) property of passengers during their transportation.
Harm caused to the life and health of the victim includes the material expression of harm associated with his death, temporary or permanent loss of ability to work.

The amount of harm caused to the life and health of the victim is determined in accordance with this Law on the basis of documents issued by relevant organizations.

Damage to the victim’s property includes the cost of the passenger’s property, lost, missing or damaged (damaged) during transportation, accepted by the carrier for transportation (baggage) and (or) located with (on) the passenger.

In the event of loss, shortage and (or) damage (deterioration) of luggage and (or) things carried with (on) the passenger that occurred through the fault of the carrier, the amount of damage caused is determined as follows:

in the event of loss or shortage of luggage, as well as things carried by the passenger - in the amount of the cost of the lost or missing luggage and (or) things carried by the passenger;
in the event of damage (damage) to luggage, as well as things carried by the passenger - in the amount by which their value has decreased, and if it is impossible to restore the damaged luggage, as well as things carried by the passenger - in the amount of their value;
in case of loss of baggage handed over for transportation with a declaration of its value - in the amount of the declared value of the baggage.

Proving the occurrence of an insured event, as well as the extent of damage caused to the property of passengers during their transportation, lies with the policyholder (insured).

The amount of damage caused as a result of an insured event is determined by the insurer upon a written application from the policyholder or his representative.

In case of disagreement with the results of an assessment of the amount of damage caused to property made by the insurer or an independent expert, the policyholder (insured) or the victim has the right to contact another independent expert to assess the amount of damage. In this case, the costs incurred by the policyholder (insured) or the victim are subject to compensation by the insurer, regardless of the insurance payment, if the insurer recognizes or the court establishes the validity and objectivity of the assessment.
If the insurer or an independent expert, within seven working days after receiving a notification about the occurrence of an insured event, did not carry out the necessary inspection of the lost, missing or damaged (spoiled) property and assess the amount of damage caused to the property, with the drawing up of an insurance act, then the policyholder (insured) or the victim has the right to use the services of an independent expert and begin restoration (disposal) of the property. In this case, the insurer does not have the right to challenge the results of assessing the amount of damage caused to property unless it proves that the impossibility of a timely assessment of the damaged (destroyed) property is due to valid reasons (death, illness of the owner of this property) or the presence of fault of the policyholder (insured) or the victim associated with evasion of presenting the property for assessment.

Article 20. Determination of the amount of insurance payment

In the contract of compulsory carrier liability insurance, the maximum amount of liability of the insurer for one insured event (sum insured) must be indicated separately and be no less than the following amounts (in monthly calculation indices):

for harm caused to the life and health of each victim and resulting in:

death – 5,000;

determination of disability:

first group – 5,000;

second group – 3,500;

third group – 2,500;

child with disabilities – 5,000;

mutilation, injury or other damage to health without establishing disability - in the amount of actual expenses for outpatient and (or) inpatient treatment, but not more than 200;

for damage caused to the property of each victim - in the amount of damage caused, but not more than 250.

Insurance payment for harm caused to the life and health of the victim, resulting in death or disability, is made in the amount of the maximum amount of liability of the insurer established by paragraph 1 of this article.

Insurance payment for damage to the life and health of a passenger caused during transportation is subject to compensation regardless of the carrier’s fault.

To calculate the amount of the insurance payment, the monthly calculation indicator established in accordance with the legislative act of the Republic of Kazakhstan on the day of the insurance payment is used.
The deductible under the compulsory carrier liability insurance agreement is five times the monthly calculation index for one insured event and for each victim. In cases where the amount of damage caused exceeds the established deductible amount, insurance payment is made in full.

Insurance payment for harm caused to the life and health of the victim is carried out without applying a deductible.

Expenses incurred by the policyholder (insured) in order to prevent or reduce losses are subject to reimbursement by the insurer if such expenses were necessary or were incurred to carry out the instructions of the insurer, even if the relevant measures were unsuccessful.

Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and compensation for expenses should not exceed the insured amount established by the compulsory carrier liability insurance agreement. If expenses arise as a result of the policyholder's execution of the insurer's instructions, they are reimbursed in full, regardless of the insured amount.

These expenses are reimbursed by the insurer directly to the person who incurred them.

If the insured amount is insufficient to fully compensate for the damage caused, the carrier compensates the victim for the difference between the insured amount and the actual amount of damage.
In the event of the death of the victim, the person who buried the victim shall be reimbursed by the insurer for burial expenses in the amount of one hundred monthly calculation indices.

Article 21. General conditions for making insurance payments

The requirement for insurance payment to the insurer is made by the policyholder (insured) or other person who is the beneficiary, in writing, including through the insurer’s Internet resource in accordance with the regulatory legal act of the authorized body, with the attachment of documents necessary for making the insurance payment.

At the request of the insurer, the applicant is obliged to submit original documents to the insurer necessary for making insurance payment, with the exception of documents available in electronic form in databases and (or) information systems of government bodies to which the insurer has access.

The following documents are attached to the application for insurance payment:

a document confirming the fact of the occurrence of an insured event and the amount of harm caused to the victim;
a report on an insured event in transport, drawn up by the carrier;
a travel ticket or a document replacing it (a copy of the ticket sales statement or ticket stub, certified by the carrier) - in the case of a ticket being issued to the passenger, or witness testimony drawn up in the manner established by the legislation of the Republic of Kazakhstan;
a copy of a certificate from health care organizations about the period of temporary disability or a certificate from specialized institutions about the establishment of disability for the victim - if it is established;
a copy of the certificate or notification of the death of the victim and a document confirming the beneficiary’s right to compensation for damage (copy) - in the event of the death of the victim;
a list of lost, missing or damaged (damaged) property of the victim - in case of damage to property;
documents confirming expenses incurred by the policyholder (insured) in order to prevent or reduce losses upon the occurrence of an insured event, if any.

Request by the insurer of additional other documents from the policyholder (insured) or the victim is not allowed.

2-1. The transport insurance claim report drawn up by the carrier must contain the following information:

last name, first name, patronymic of the victim;
type of transport;
flight number, train number, ship name, etc.;
route;
series and number of the travel ticket held by the victim;
place, date and time of the insured event;
characteristics of damage caused to the life and health of the victim;
characteristics of the damage caused to the victim’s property;
a brief description of the circumstances of the insured event;
name of the competent authority conducting the investigation;
name and location of the medical institution where the victim was sent;
last name, first name, patronymic and signature of the head of the transport organization or vehicle;
last name, first name, patronymic and signature of the representative of the competent authority conducting the investigation;
seal of the carrier, with the exception of private businesses.

The insurer that accepted the documents is obliged to issue the applicant a certificate indicating the full list of documents submitted and the date of their acceptance.

If the policyholder (the insured, the beneficiary) sends a claim for insurance payment in electronic form, the insurer can provide him with this certificate in electronic form.

The beneficiary is the victim (in the event of his death, a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim), as well as the policyholder (insured) or another person who compensated the victim (the person entitled to compensation for damage) for the harm caused within the scope of the insurer’s liability established by this Law, and who received the right to insurance payment.
Insurance payment for damage caused to the life and health of the victim is made regardless of the amounts due to him (the persons entitled to compensation for damage) under other insurance contracts.
At the request of the victim, executed in writing, or a notarized power of attorney, insurance payment may be made directly to the person who provided (provides) him with services to restore his health and (or) property.
When making an insurance payment, the insurer has no right to require the beneficiary to accept conditions limiting his right of claim against the insurer.

Article 22. Procedure for making insurance payments

Insurance payment is made by the insurer within seven working days from the date of receipt of the documents provided for in Article 21 of this Law.
In cases where the amount of the insurance payment is disputed by the beneficiary, the insurer is obliged to immediately make the insurance payment in that part that is not disputed by any of the specified persons, within the period established by paragraph 1 of this article.

The disputed part of the insurance payment must be paid by the insurer within three working days from the date of conclusion of the settlement agreement and its approval by the court or from the date of entry into legal force of the court decision on this dispute, if the court decision is not subject to immediate execution.

If, as a result of the event that led to the occurrence of the insured event, the victim experiences deterioration in health (disability or a higher group of disability is established) or death, then the insurer, on the basis of an application received from the victim (beneficiary) and relevant documents, is obliged to recalculate the amount of insurance payment in the manner and amount established by this Law. In this case, when recalculating the amount of insurance payment, previously paid amounts are taken into account.
In case of untimely payment of insurance payment, the insurer is obliged to pay the beneficiary a penalty in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

Article 23. The right of recourse to the person who caused the harm

The insurer that has made the insurance payment has the right to claim back against the policyholder (insured) within the limits of the amount paid in the following cases:

the civil liability of the policyholder (insured) arose as a result of his intentional actions aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
the civil liability of the policyholder (insured) arose as a result of his driving a vehicle in a state of alcoholic, narcotic or toxic intoxication;
the person driving the vehicle did not have the right to drive it;
during the trial it was established that the insured event occurred as a result of technical malfunctions of the vehicle, which the policyholder (insured) knew or should have known about;
using the vehicle for purposes not typical of its technical purpose;
if the policyholder (insured) deliberately fails to take measures to reduce losses from an insured event.

If, in the cases listed in paragraph 1 of this article, the culprit of the damage caused is a person operating a vehicle due to an employment relationship with its owner or in the presence of its owner without formalizing a written transaction, then the insurer has the right to claim back against the owner of this vehicle.
The insurer who has made the insurance payment shall receive, within the limits of the amount paid by him, the right of recourse that the policyholder (the insured) has against the person responsible for the losses compensated by the insurer as a result of the insurance.

Article 24. Grounds for exemption of the insurer from making insurance payments

The insurer has the right to fully or partially refuse insurance payment if the insured event occurred as a result of:

intentional actions of the beneficiary aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
actions of the beneficiary, recognized in the manner established by the legislative acts of the Republic of Kazakhstan, as intentional criminal or administrative offenses that are in a causal connection with the insured event.

The basis for the insurer’s refusal to make an insurance payment may also be:

receipt by the policyholder, insured, beneficiary of appropriate compensation for the loss from the person responsible for causing the loss;
failure to notify or untimely notification of the insurer about the occurrence of an insured event, except for the cases provided for by this Law;
causing damage to the property of the victim in the form of money, securities, gold, silver items, jewelry, jewelry, works of art or other valuables.

Late notification or failure to notify the insurer of the occurrence of an insured event cannot serve as a basis for refusal of insurance payment if it is due to valid reasons and relevant documents are presented confirming the occurrence of the insured event, harm to the life or health of the victim, and property for assessment in the condition in which it was immediately after the occurrence of the insured event.
If there are grounds for refusal of insurance payment, the insurer is obliged, within seven working days from the date of receipt of the application and all documents, to send to the person who filed the claim for insurance payment, a corresponding decision on full or partial refusal of insurance payment in writing with a reasoned justification of the reasons for the refusal and notification of the right of the policyholder (insured, beneficiary) to contact the insurance ombudsman to resolve disagreements, taking into account the specifics of the legislation of the Republic of Kazakhstan.
The insurer is exempt from making insurance payments if the insured event occurred as a result of:

exposure to a nuclear explosion, radiation or radioactive contamination;
military actions;
civil war, civil unrest of all kinds, mass riots or strikes.

The insurer has no right to refuse insurance payment on grounds not provided for in this article.

Article 24-1. Features of the settlement of disputes regarding compulsory insurance of civil liability of the carrier to passengers

If there is a dispute arising from a compulsory carrier liability insurance contract, the insured (victim, beneficiary) has the right:

send to the insurer (including through a branch, representative office, Internet resources of the insurer) a written application indicating the requirements and attaching documents confirming its requirements, or send an application to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) or to the court to resolve disputes arising from the contract compulsory carrier liability insurance, taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

2. The insurer, upon receipt of an application from the policyholder (victim, beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.

3. If the policyholder (victim, beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder, victim (beneficiary), insurance ombudsman, to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.

Chapter 6. Final provisions

Article 25. Procedure for consideration of disputes

Disputes arising from the compulsory carrier liability insurance agreement are considered in the manner established by the legislation of the Republic of Kazakhstan.

Article 26. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance of carrier liability

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory carrier liability insurance, as well as deliberately creating an insured event and other illegal actions aimed at illegally receiving insurance payments, bear responsibility under the laws of the Republic of Kazakhstan.

President of the Republic of Kazakhstan