On compulsory insurance in crop production (repealed)
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 | № 533-II |
| Act type | Law of the RK |
| Authority | Parliament of the RK |
| Adoption date | 10.03.2004 |
| Last amended | 06.01.2020 |
| Status | Repealed |
| Әділет identifier | Z040000533_ |
Scope and relevance
This repealed (since 06.01.2020) law established compulsory insurance of crop producers against adverse natural phenomena. It was replaced by subsidised/voluntary agricultural insurance. Included as the historical basis of agricultural insurance.
Official source
Official source: Adilet / https://adilet.zan.kz/rus/docs/Z040000533_ The relevance of the editorial office has been verified: 2026-06-20.
Footnote: Footnote. Lost force by the Law of the Republic of Kazakhstan dated October 28, 2019 No. 268-VI (to come into effect from January 6, 2020). Attention users! For the convenience of using RCPI, a CONTENTS Footnote has been created. The text after the words “local executive body”, “local executive body”, “local executive body” is supplemented with the words “district (city)” - Law of the Republic of Kazakhstan dated January 10, 2006 No. 116 (for the order of enforcement see Article 2 of Law No. 116). 244.
This Law regulates public relations arising in the field of compulsory insurance in crop production and establishes the legal, financial and organizational basis for its implementation.
Article 1. Basic concepts used in this Law
This Law uses the following basic concepts:
- agent - a joint-stock company created by decision of the Government of the Republic of Kazakhstan, which is part of the national management holding company in the field of agriculture, the sole shareholder of which is the state;
3) complete destruction of crops - a consequence of the impact of adverse natural phenomena on crops, in which the costs of further cultivation and harvesting exceed the expected income from the crop;
4) partial destruction of crops - a consequence of the impact of adverse natural phenomena on crops, in which the estimated or actual income per hectare of production of a type of crop product is less than the standard cost per hectare of production of a type of crop product established at the time of concluding a compulsory insurance contract;
5) unfavorable natural phenomenon - a natural phenomenon (long-term - drought, freezing, lack of heat, excessive soil moisture, waterlogging, flooding, low water, dry winds; short-term - hail, rain, frost, strong wind, mudflow), which resulted in death or damage to crop production;
6) an inspection report on the fact of an adverse natural phenomenon (hereinafter referred to as the inspection act) - a document confirming the cause-and-effect relationship between the partial or complete loss of crops and the impact of an adverse natural phenomenon(s), the requirements for which are provided for by this Law in the form established by the authorized body;
7) estimated income from the crop - income determined by the commission in accordance with the methodology for determining areas of crop loss, approved by the authorized body in the field of crop production;
8) crop production - a complex of production facilities in the agricultural sector, which includes producers of agricultural products - individuals and legal entities engaged in the production of crop products;
9) compulsory insurance contract in crop production (hereinafter referred to as the compulsory insurance contract) - an agreement concluded between the insurer and the policyholder on the terms determined by this Law;
10) mutual insurance company in crop production (hereinafter referred to as the society) - a legal entity created in the organizational and legal form of a consumer cooperative for the purpose of mutual insurance of the property interests of its members in the field of compulsory insurance in crop production;
11) crop products - products obtained in the process of cultivating agricultural crops (cereals, oilseeds, sugar beets, cotton);
12) authorized state body in the field of crop production - a state body determined by the Government of the Republic of Kazakhstan that carries out state regulation in the field of development of crop production;
13) insured event - an event upon the occurrence of which the compulsory insurance contract provides for the implementation of insurance payment;
13-1) 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”;
14) insurance amount - the amount of money for which the object of compulsory insurance is insured and which represents the maximum amount of liability of the insurer upon the occurrence of an insured event;
15) 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 compulsory insurance contract;
16) 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;
17) insurer - a legal entity that has received a license for the right to carry out compulsory insurance in crop production 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 (the beneficiary), within the limits of the amount determined by the contract (insurance amount);
18) policyholder - a person engaged in the production of crop products and who has entered into a compulsory insurance agreement with the insurer;
19) franchise - exemption of the insurer from compensation for damage not exceeding a certain amount;
20) cost standard - costs for individual technological processes, types of work and expense items per hectare of production of a type of crop product, expressed in tenge.
Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance in crop production
The legislation of the Republic of Kazakhstan on compulsory insurance in crop production is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Insurance Activities”, the Law of the Republic of Kazakhstan “On Mutual Insurance”, 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 contained in this Law, then the rules of the international treaty apply.
This Law does not apply to activities related to the cultivation of crop products on non-agricultural lands and the storage of crop products.
Article 3. Object of compulsory insurance in crop production
The object of compulsory insurance in crop production is the property interests of the insured associated with partial or full compensation of the insured's losses upon the occurrence of an insured event, the amount of which is established in accordance with this Law.
Article 4. Purposes of compulsory insurance in crop production
The objectives of compulsory insurance in crop production are:
ensuring the protection of the property interests of the producer of crop products from the consequences of adverse natural phenomena through the implementation of insurance payments in the cases, amount and procedure provided for by this Law;
creation of conditions for lending to producers of crop products secured by insured crops;
assistance in increasing the efficiency of state support for crop production.
Article 4-1. Competence of the Government of the Republic of Kazakhstan
Footnote: Footnote. Article 4-1 is excluded by the Law of the Republic of Kazakhstan dated September 29, 2014 No. 239-V (shall be enforced ten calendar days after the day of its first official publication).
Article 5. State control and supervision in the field of compulsory insurance in crop production
State control over the fulfillment by producers of crop products of the obligation to conclude a compulsory insurance contract established by this Law is carried out by the local executive body of the region, city of republican significance and the capital.
Authorized body in the field of crop production:
implements state policy in the field of crop production;
excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (shall be enforced upon the expiration of ten calendar days after its first official publication);
excluded by the Law of the Republic of Kazakhstan dated September 29, 2014 No. 239-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);
improves the legal and economic conditions for the development of crop production;
studies the situation in the crop production industry in the republic and abroad;
- excluded by the Law of the Republic of Kazakhstan dated September 29, 2014 No. 239-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);
develops and approves a methodology for determining areas of crop destruction;
excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (to come into effect from January 1, 2015);
submits to the authorized body for regulation, control and supervision of the financial market and financial organizations a register of companies indicating their names and location;
12-1) develops and approves a standard form of a compulsory insurance contract in crop production and an agreement on the procedure and conditions for partial compensation of insurance payments;
12-2) develops and approves cost standards for the production of types of crop products subject to compulsory insurance, per hectare of sown area;
12-3) develops and approves the procedure for using money allocated to support compulsory insurance in crop production, and the amount of payment for agent services;
12-4) develops and approves, upon the proposal of the authorized state body in the field of environmental protection and the authorized body in the field of civil protection, criteria and characteristics for determining adverse natural phenomena;
12-5) develops and approves the procedure for creating a district (city of regional significance) by the local executive body and organizing the work of the commission to determine the size of crop areas affected by an adverse natural phenomenon, and the form of the inspection report;
12-6) develops and approves a standard form of a certificate from the hydrometeorological service body and (or) the authorized body in the field of civil protection, confirming the fact of an adverse natural phenomenon;
12-7) develops and approves the rules for the provision by the policyholder, insurer, agent and company of information and documents necessary for the local executive body of the region, city of republican significance and capital to carry out control functions;
- exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2-1. Local executive body of the region, city of republican significance and capital:
exercises state control over compliance with the legislation of the Republic of Kazakhstan in the field of crop production;
exercises control over the activities of the agent, company, and their compliance with the legislation of the Republic of Kazakhstan on compulsory insurance in crop production;
considers cases of evasion from concluding compulsory insurance contracts by policyholders and non-compliance by the company with the requirements of the legislation of the Republic of Kazakhstan on mutual insurance and this Law;
requests and receives from the policyholder, insurer, agent and society the information and documents necessary for him to carry out his control functions.
- Local executive body of the district (city of regional significance):
organizes compulsory insurance by business entities;
requests and receives from the policyholder, insurer and agent information and documents necessary for him to perform his functions, in the form established by the local executive body of the region, city of republican significance and the capital;
determines the optimal timing for the start and completion of sowing work in the relevant territory in the context of natural and climatic zones by types of crop products subject to compulsory insurance in crop production;
3-1) submits to the local executive body of the region, city of republican significance and the capital a list of producers of crop products subject to insurance in the current year;
creates commissions in accordance with Article 9 of this Law;
exercises in the interests of local government administration other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
- 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 in accordance with the legislation of the Republic of Kazakhstan.
Article 5-1. The procedure for exercising state control in the field of compulsory insurance in crop production
The local executive body of the region, city of republican significance and the capital for the purpose of exercising state control:
requests from the agent a list of policyholders who have entered into a compulsory insurance contract in crop production, indicating the insured types of crop production in the relevant territory;
excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV;
excluded by the Law of the Republic of Kazakhstan dated July 17, 2009 No. 188-IV (the order of enforcement see Article 2);
draws up protocols on administrative offenses and imposes administrative penalties in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
State control in the field of compulsory insurance in crop production is carried out in the form of inspection and preventive control.
Inspection and preventive control are carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Article 5-2. Features of compulsory insurance in crop production
- The provisions contained in this Law apply to companies taking into account the specifics established by the legislative acts of the Republic of Kazakhstan regulating their activities.
Insurance of the property interests of members of the company is carried out in accordance with the rules of mutual insurance.
Producers of crop products who are members of the company are not subject to compulsory insurance with the insurer.
Excluded by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Activities aimed at limiting or eliminating competition, providing or obtaining unjustified advantages in concluding compulsory insurance contracts in crop production by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.
Article 5-3. Information interaction
Local executive bodies, the authorized state body in the field of crop production, other state bodies and organizations that have information about adverse natural phenomena and their consequences are required to provide this information to the insurer and the insurance ombudsman upon their request.
Article 6. Types of insured events under compulsory insurance in crop production
Insured events under compulsory insurance in crop production include death or damage to crop production as a result of adverse natural phenomena or their combination, recorded in the inspection report, as a result of which losses occurred for the insured.
Article 7. Determination of the amount of the insurance amount and types of cost standards
The amount of the insurance amount is established by an agreement concluded taking into account the features of compulsory insurance determined by this Law, separately for each type of crop product in accordance with the cost standard per hectare, multiplied by the entire area on which the insurer incurs costs for growing this type of crop product.
The insurance amount is calculated based on the cost standard for one of the following types:
scientifically based agricultural technology;
simplified agricultural technology;
for three types of costs:
fuels and lubricants;
seeds;
wages.
Article 8. Determination of the amount of insurance premium and the procedure for its payment
- The amount of the insurance premium for each type of crop production is established by a compulsory insurance contract, but cannot be less than the amount of the insurance tariff established by this Law and multiplied by the corresponding insurance amount.
Establish the following minimum and maximum insurance rates, calculated as a percentage of the insured amount by type of crop product established by the compulsory insurance agreement, taking into account state subsidies of insurance payments:
- grains (by region groups):
No. Name of regions Insurance tariff, % Minimum Maximum 1. Akmola, Almaty, East Kazakhstan, Zhambyl, Kostanay, North Kazakhstan 1.78 3.48 2. Karaganda, Kyzylorda, Pavlodar, Turkestan 3.17 5.83 3. Aktobe, West Kazakhstan 5.21 9.15
2) oilseeds (across the republic) minimum - 2.01%, maximum - 3.44%;
3) sugar beets (across the republic) minimum - 5.76%, maximum - 8.39%;
4) cotton (across the republic) minimum - 0.92%, maximum - 1.33%.
2. Payment of insurance premiums is made by the policyholder and is included in the cost of the insured type of crop production.
3. The insurance premium for compulsory insurance in crop production is paid by the policyholder to the insurer in a lump sum or, by agreement with the insurer, in installments in the manner and within the time frame determined by the compulsory insurance contract.
If the policyholder fails to pay the insurance premium under the terms of its one-time payment established in the compulsory insurance contract, the compulsory insurance contract is considered not concluded.
In case of untimely payment of the next amount of the insurance premium under the terms of payment of the insurance premium in installments established by the compulsory insurance agreement, the policyholder is obliged to pay the insurer a penalty in the manner and amount established by the civil legislation of the Republic of Kazakhstan.
If the insured event occurs before the payment of the next insurance premium or the payment of which is overdue, the insurer has the right to set off the amount of the unpaid insurance premium, reducing the insurance payment.
Article 9. Determination of the amount of insurance payment and the procedure for its implementation
- Insurance payment is made in the amount of the policyholder's loss within the insured amount without applying a deductible.
The establishment of a franchise (conditional or unconditional) by the insurer for compulsory insurance in crop production is not allowed, and if it is established, it is considered invalid.
- The amount of loss is determined as the positive difference between the standard cost per hectare of production of a type of crop product, established at the time of concluding a compulsory insurance contract, and the income from one hectare of production of a type of crop product in the area affected by adverse natural phenomena, multiplied by the area of production of this type of product, which was affected by adverse natural phenomena.
The size of the areas exposed to adverse natural phenomena is established by a commission, which the local executive body of the district (city of regional significance) is obliged to create upon the application of the insured within five working days from the date of receipt of the insured's application.
The commission includes representatives of the local executive body of the region, the city of republican significance and the capital, the local executive body of the district (city of regional significance), the agent, the insurer or company and the policyholder.
The commission examines the area of crops declared by the insured, according to the methodology for determining areas of crop loss, approved by the authorized state body in the field of crop production, and based on the results of the survey, determines the degree of destruction of crop products: complete or partial.
Based on the results of the inspection, on the day of the inspection the commission draws up an inspection report in triplicate, separately for each fact of an adverse natural phenomenon or their totality and the type of crop production. The inspection report is signed by all members of the commission, after which it is provided to representatives of the agent, insurer or society and the policyholder. If one of the commission members does not agree with the decision made and does not sign the inspection report, he is obliged to present the reasons for his refusal to the commission in writing and attach them to the inspection report. The inspection report is considered adopted if two-thirds of the signatures of the commission members are present.
The volume of products collected from areas exposed to adverse natural phenomena, in the event of partial loss of crops, is subject to mandatory assessment during harvesting. In the event of complete loss of crops, the amount of loss is determined as the size of the standard cost per hectare of production of a type of crop product, established at the time of concluding a compulsory insurance contract in crop production, multiplied by the production area of this type of product, which was affected by an adverse natural phenomenon.
Income can be actual, that is, calculable after the sale of the entire volume of a type of crop product, the receipt of which was affected by adverse natural phenomena.
Income can be estimated, that is, calculated after harvesting and before the sale of the entire volume of a type of crop product, the receipt of which was affected by adverse natural phenomena.
The estimated income at the request of the policyholder or his representative is determined by the insurer. In case of disagreement, the estimated income is determined by the appraiser. If you disagree with the results of the assessment, the parties have the right to prove otherwise.
In the event of complete loss of crops, the insurer does not determine the estimated income.
- In case of partial loss of crop production, insurance payment is made no earlier than one month, but no later than three months from the date of completion of harvesting.
In this case, income is calculated in the following order:
in accordance with paragraph 3 of this article, if the resulting harvest was sold;
in accordance with paragraph 4 of this article, if the resulting harvest was not sold;
in accordance with paragraph 3 of this article, if the harvest received was partially sold, and income for the unrealized part of the harvest is calculated in accordance with paragraph 4 of this article.
In the event of complete loss of crops, the insurer is obliged to make insurance payments to the policyholder in full within ten working days from the date the insurer receives the documents provided for in paragraph 2 of Article 10 of this Law.
Excluded by the Law of the Republic of Kazakhstan dated 07.07.2006 N 179 (shall be enforced from the date of its official publication).
Article 10. General conditions for making insurance payments
The claim for insurance payment to the insurer is made by the policyholder in writing, accompanied by the documents necessary for making the insurance payment.
The following documents are attached to the application for insurance payment:
a copy of the compulsory insurance contract;
a copy of the map (scheme) of field placement;
a certificate from the hydrometeorological service and (or) the authorized body in the field of civil protection, confirming the fact of an adverse natural phenomenon;
a copy of the insured's application to the local executive body of the district (city of regional significance) to create a commission to identify areas affected by an adverse natural phenomenon, with a note indicating acceptance of the application;
documents confirming receipt of actual income, the list of which is established by the compulsory insurance contract, and in their absence - an appraiser's report on the assessment of income in case of partial loss of crops.
Additional request by the insurer of other documents from the policyholder is not allowed.
- The insurer that has accepted the documents is obliged to draw up a certificate in two copies indicating the full list of documents and the date of their acceptance. One copy of the certificate is issued to the applicant, the second copy with the applicant’s mark on its receipt remains with the insurer.
Article 11. Grounds for exemption of the insurer from making insurance payments
- The insurer has the right to fully or partially refuse the insurance payment to the policyholder if the insured event occurred as a result of:
intentional actions of the insured aimed at causing 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 insured, 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 following may also be grounds for the insurer’s refusal to make an insurance payment:
communication by the insured to the insurer of knowingly false information about the object of insurance, the insured risk, the insured event and its consequences;
deliberate failure by the policyholder to take measures to reduce losses from an insured event;
obstruction by the policyholder of the insurer in investigating the circumstances of the occurrence of the insured event and establishing the amount of loss caused by it;
failure to notify the insurer of the occurrence of an insured event, unless it is proven that the insurer learned about the occurrence of the insured event in a timely manner, or the insurer’s lack of information about this could not affect its obligation to make an insurance payment;
filing an application with the local executive body of the district (city of regional significance) to create a commission to determine the size of areas affected by an adverse natural phenomenon, in violation of the deadlines established by paragraph six of paragraph 2 of Article 15 of this Law;
other cases provided for by the civil legislation of the Republic of Kazakhstan.
The decision to refuse insurance payment is made by the insurer and communicated to the policyholder in writing with a reasoned justification for the reasons for the refusal within seven calendar days from the date of provision of all documents provided for in paragraph 2 of Article 10 of this Law.
The insurer’s refusal to make an insurance payment may be appealed by the policyholder in court.
Article 12. State support for compulsory insurance in crop production
- State support for compulsory insurance in crop production is carried out by allocating budget funds, determined by the law on the republican budget for the corresponding financial year, to the authorized state body in the field of crop production to reimburse fifty percent of insurance payments to insurers and companies for insured events arising as a result of adverse natural phenomena, and to pay for the services of an agent.
Funds provided for payment for the agent’s services can be transferred to the agent’s current account in a second-tier bank in accordance with an agreement concluded between the authorized body in the field of crop production and the agent.
2. The agent opens a current account with the National Bank of the Republic of Kazakhstan (hereinafter referred to as the National Bank) to manage funds transferred by the authorized state body in the field of crop production on the basis of an agreement concluded between the authorized state body in the field of crop production and the agent.
Temporarily available funds from the current account with the National Bank can be placed on deposits with the National Bank and in government securities.
The income portion of the current account with the National Bank is formed from budget funds transferred by the authorized state body in the field of crop production on the basis of an agreement, and income from the placement of temporarily available funds on deposits with the National Bank and in government securities.
The expenditure side of the current account with the National Bank includes amounts placed on deposits with the National Bank and in government securities, expenses for reimbursement of part of the insurance payment to insurers and companies.
The balances of funds in the current account with the National Bank, listed at the end of the financial year, are not subject to return to the authorized state body in the field of crop production and, accordingly, to the budget.
Article 13. Procedure for filing a claim for reimbursement of part of the insurance payment made
Requests for reimbursement of part of the insurance payment made to the agent are made by the insurer or the company in the form of a written application accompanied by the documents provided for in paragraph 2 of this article.
The following documents must be attached to the application for reimbursement of part of the insurance payment made:
a notarized copy of the compulsory insurance contract in crop production;
documents confirming the insurance payment made (payment order - original, copy of the expenditure order or original collection order);
in the case of an insurance payment made by a court decision, a copy of the court decision that has entered into force is attached;
a copy of the document on the assessment of the estimated income, certified by the insurer or company, in the event of partial loss of crops.
If there is a discrepancy between the documents provided for in part one of paragraph 2 of this article and the requirements established by the legislation of the Republic of Kazakhstan, these documents are returned to the insurer or company to eliminate the comments. In this case, the period for reimbursement to the insurer or company of part of the insurance payment made is calculated from the moment the documents are re-received, but cannot exceed seven working days.
2-1. The agent reimburses the insurance payment made on the basis of an agreement on the procedure and conditions for partial reimbursement of insurance payments, concluded with the insurer in accordance with this Law.
The agent has the right to refuse to reimburse the insurer or the company for part of the insurance payment made in the event of notification and (or) provision by the insurer of knowingly false information to the agent.
The insurer or company is responsible for the accuracy of determining the amount of insurance payment.
Article 14. Rights and obligations of the insurer
- The insurer has the right:
upon the occurrence of an insured event, together with the insured and the appraiser, work to determine the actual and (or) estimated income of crop products that were exposed to an adverse natural phenomenon;
request from competent organizations documents confirming the occurrence of an insured event;
use the appraisal report of the appraiser, if he is involved, to determine the amount of insurance payment as a result of the occurrence of an insured event;
receive reimbursement of part of the insurance payment from the agent from budgetary funds;
develop proposals for improving compulsory insurance in crop production and submit them to the agent;
determine the estimated income independently or with the assistance of an appraiser;
refuse to conclude a compulsory insurance contract if the policyholder violates the deadline for its conclusion, provided for in paragraph 3 of Article 17 of this Law.
if the policyholder fails to provide the documents provided for in paragraph 2 of Article 10 of this Law, immediately, but no later than three working days, notify him in writing of the missing documents;
upon the occurrence of an insured event, the consequence of which was the occurrence of a loss for the policyholder, make an insurance payment for the types of crop products produced by the policyholder in the amount, procedure and terms established by this Law and the compulsory insurance contract;
in order to receive compensation for part of the insurance payments for insured events arising as a result of adverse natural phenomena, enter into an agreement with the agent on the procedure, conditions and terms for partial reimbursement of insurance payments, subject to the conclusion of a compulsory insurance agreement with the insured within the period provided for in paragraph 3 of Article 17 of this Law;
maintain and accumulate data on compulsory insurance in crop production and provide it to the agent upon his request;
in the manner prescribed by the standard contract concluded between the insurer and the agent, provide the agent with information about compulsory insurance contracts that have entered into force no later than the fifth day of the month following the month of concluding the compulsory insurance contract;
familiarize the policyholder with the rules of compulsory insurance in crop production;
upon receipt of an application from the policyholder (beneficiary), consider the requirements of the policyholder (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;
upon receipt from the policyholder (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;
ensure the secrecy of insurance;
pay for the services of the appraiser he engages.
inform the agent about all court decisions and (or) determinations relating to the insurance payment made and its amount within three days from the date of their issuance;
upon the occurrence of an adverse natural phenomenon, send your representative to the commission created at the request of the insured by the local executive body of the district (city of regional significance) to conduct a survey to determine the areas affected by adverse natural phenomena.
2-1. The insurer has no right to make demands on compliance with agricultural technology for cultivating crops.
3. The insurer also has other rights and obligations provided for by the legislative acts of the Republic of Kazakhstan and the compulsory insurance agreement.
Article 15. Rights and obligations of the policyholder
- The policyholder has the right:
receive insurance payment within the terms established by the compulsory insurance contract;
demand from the insurer an explanation of the conditions of compulsory insurance, its rights and obligations under the compulsory insurance contract;
get acquainted with the results of the assessment of the loss incurred;
contact the insurer, taking into account the specifics provided for in Article 17-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory insurance contract;
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 or representative office);
challenge, in the manner prescribed by the legislation of the Republic of Kazakhstan and the compulsory insurance contract, the insurer’s decision to refuse to make an insurance payment or to reduce its size;
go to court if you disagree with the result of assessing the actual or estimated income received from each type of crop product grown on the crop area subject to an adverse natural phenomenon;
choose one of the types of cost standards specified in Article 7 of this Law for calculating the insurance amount when concluding a compulsory insurance contract.
- The policyholder is obliged:
conclude a compulsory insurance agreement with the insurer within the time limits established by paragraph 3 of Article 17 of this Law;
pay insurance premiums in the amount, manner and terms established by the compulsory insurance agreement;
immediately, but no later than five working days, as soon as he became aware of the fact of an adverse natural phenomenon that could lead to 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. If the policyholder, for good reason, was unable to perform these actions, he must document this;
provide representatives of the agent, insurer and appraiser with conditions for inspecting the territory where an adverse natural phenomenon occurred, and not interfere with their observations of the condition of crops and plantings until the completion of harvesting work;
submit to the local executive body of the district (city of regional significance) an application to create a commission to identify areas affected by an adverse natural phenomenon:
for a short-term period - within three working days from the date of its occurrence;
in case of long-term - within ten working days after detection of its impact on crops in the presence of a certificate from the hydrometeorological service and (or) the authorized body in the field of civil protection, confirming the fact of such a phenomenon in accordance with their competence;
insure your property interests in each individual field of crop rotation;
take measures to reduce losses from an insured event;
provide the insurer with the documents listed in paragraph 2 of Article 10 of this Law, necessary to receive insurance payment.
- The policyholder has other rights and obligations provided for by the legislative acts of the Republic of Kazakhstan and the compulsory insurance contract.
Article 16. Rights and obligations of an agent
- The agent has the right:
develop proposals for improving compulsory insurance in crop production;
generalize the experience of compulsory insurance in crop production;
request the necessary information from compulsory insurance participants to exercise their rights and assigned obligations, including information containing the secret of insurance.
- The agent is obliged:
provide insurers and policyholders with information about approved cost standards for the production of a certain type of crop product;
upon the occurrence of an adverse natural phenomenon, as part of a commission created at the request of the insured by the local executive body of the district (city of regional significance), carry out work to determine the size of the areas of crop production affected by adverse natural phenomena;
reimburse the insurer or company for part of the insurance payment made within ten working days from the date of receipt of documents in accordance with paragraph 2 of Article 13 of this Law in the amount established by this Law;
enter into an agreement with the insurer, the company on the procedure and conditions for partial reimbursement of insurance payments on the basis of a standard form for reimbursement of part of the insurance payments for insured events arising as a result of an adverse natural phenomenon.
The agent has other responsibilities assigned to him by the legislation of the Republic of Kazakhstan.
Money is allocated to insurers and companies by the agent within the period established by paragraph 2 of this article, only after the insurer or company has fully fulfilled its obligations for insurance payment with the obligatory condition that the insurer or company must comply with the terms of the agreement with the agent.
Control over the activities of the agent is carried out by local executive bodies of regions, cities of republican significance and the capital, authorized state bodies in accordance with the legislation of the Republic of Kazakhstan.
Article 16-1. Rights and obligations of the hydrometeorological service body and (or) the authorized body in the field of civil protection
Footnote: Footnote. The title of Article 16-1 as amended by the Law of the Republic of Kazakhstan dated April 11, 2014 No. 189-V (shall be brought into force ten calendar days after the day of its first official publication).
The body of the hydrometeorological service and (or) the authorized body in the field of civil protection have the right, when preparing a certificate confirming the fact of an adverse natural phenomenon, in the event of controversial issues, to conduct an on-site survey of the place allegedly affected by the adverse natural phenomenon.
The hydrometeorological service body and (or) the authorized body in the field of civil protection are required to issue a certificate confirming or not confirming the fact of an adverse natural phenomenon:
to the policyholder - free of charge, in duplicate, for short-term - within three calendar days, for long-term - within five calendar days;
other interested parties - upon an official written request in the prescribed manner.
Article 17. Compulsory insurance contract
The conclusion of a compulsory insurance agreement is mandatory for producers of crop products and insurers.
A compulsory insurance contract is concluded in writing for a period of no less than five and no more than twelve months in two copies.
The basis for concluding a compulsory insurance contract is an application from the policyholder, the content requirements of which are established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.
The term for concluding a compulsory insurance contract for all types of crop products is no later than fifteen calendar days after the completion date of sowing, determined by the local executive body of the district (city of regional significance) in accordance with subparagraph 3) of paragraph 3 of Article 5 of this Law.
The compulsory insurance contract terminates in the following cases:
expiration of the contract;
making insurance payments for all insured events that occurred during the term of the contract.
The compulsory insurance contract may be terminated early in cases established by the Civil Code of the Republic of Kazakhstan.
The beneficiary under a compulsory insurance contract in crop production is the policyholder or another person in whose favor the contract was concluded.
Article 17-1. Peculiarities of dispute resolution regarding compulsory insurance in crop production
- If there is a dispute arising from a compulsory insurance contract, the policyholder (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 its branch, representative office) or to the court to resolve disputes arising from the compulsory insurance contract.
2. The insurer, upon receipt of an application from the policyholder (beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.
3. If the policyholder (beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder (beneficiary), the 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.
Article 18. Procedure for resolving disputes
Disputes arising from relations on compulsory insurance in crop production are considered in the manner established by the legislation of the Republic of Kazakhstan.
Article 19. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance in crop production
Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance in crop production are liable in accordance with the laws of the Republic of Kazakhstan.
Article 20. Procedure for the entry into force of this Law
This Law comes into force on April 1, 2004.
President of the Republic of Kazakhstan