On compulsory environmental (ecological) insurance

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	№ 93-III
Act type	Law of the RK
Authority	Parliament of the RK
Adoption date	13.12.2005
Last amended	16.01.2026
Status	In force
Әділет identifier	Z050000093_

Scope and relevance

The law governs compulsory civil-liability insurance for harm to the life, health and property of third parties and to the environment caused by accidental pollution. A specialised line of liability insurance with large limits and catastrophic risks.

Official source

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z050000093_ The relevance of the editorial office has been verified: 2026-06-20.

Table of contents

Note FROM! The Law is subject to amendments by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (shall be enforced from January 1, 2027).

This Law regulates public relations arising in the field of compulsory environmental insurance and establishes the legal, economic and organizational basis for its implementation.

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

1-1) accident - destruction of buildings, structures and (or) technical devices, uncontrolled explosion and (or) release of hazardous (harmful) substances;

3) compulsory environmental insurance - a set of relations for the property protection of the legitimate interests of individuals and (or) legal entities (insured) in the event of civil liability for obligations arising from environmental damage as a result of an accident;

4) compulsory environmental insurance agreement - an agreement concluded between the insurer and the policyholder on the terms determined by this Law;

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

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

6-1) 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”;

7) insurance amount - the amount of money for which the object of compulsory environmental insurance 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 beneficiary in the amount determined by the compulsory environmental insurance agreement;

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

10) insurer - a legal entity registered as an insurance organization and licensed to carry out insurance activities, obligated, upon the occurrence of an insured event, to make an insurance payment to the beneficiary within the limits of the insurance amount determined by the contract;

11) insured - a person in respect of whom compulsory environmental insurance is carried out;

12) policyholder - an individual and (or) legal entity carrying out environmentally hazardous types of economic and other activities, who have concluded a compulsory environmental insurance agreement with the insurer;

13) third parties – subjects of legal relations involved in procedures arising from compulsory environmental insurance;

14) authorized body - the central executive body in the field of environmental protection and its territorial divisions;

15) civil liability of individuals and (or) legal entities engaged in environmentally hazardous types of economic and other activities - the obligation of individuals and (or) legal entities engaged in environmentally hazardous types of economic and other activities to eliminate environmental damage caused as a result of an accident;

16) environmentally hazardous type of economic and other activity - the activity of individuals and (or) legal entities, as a result of which environmental damage may be caused in the event of an accident.

Article 2. Legislation of the Republic of Kazakhstan on compulsory environmental insurance

The legislation of the Republic of Kazakhstan on compulsory environmental insurance is based on the Constitution of the Republic of Kazakhstan and consists of the Environmental Code of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. This Law does not apply to legal relations regulated by the Law of the Republic of Kazakhstan “On compulsory insurance of civil liability of owners of objects whose activities are associated with the danger of causing harm to third parties.”

3. 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.

4. The provisions of this Law applied to the insurer, including an 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 environmental insurance

The object of compulsory environmental insurance is the property interest of a person carrying out environmentally hazardous types of economic and other activities related to his obligation, established by the environmental legislation of the Republic of Kazakhstan, to eliminate environmental damage caused by an accident.

Article 4. Purpose and basic principles of compulsory environmental insurance

The purpose of compulsory environmental insurance is to ensure the elimination of environmental damage caused to components of the natural environment as a result of an accident during the implementation of environmentally hazardous types of economic and other activities.

2. The main principles of compulsory environmental insurance are:

compensation for environmental damage in the amount and manner established by this Law;

ensuring that the parties fulfill their obligations under the compulsory environmental insurance agreement;

economic incentives for preventing environmental damage.

Article 4-1. Features of compulsory environmental insurance

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).

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

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

Mandatory environmental insurance is subject to civil liability of individuals and (or) legal entities engaged in environmentally hazardous types of economic and other activities.

The list of environmentally hazardous types of economic and other activities is determined by the authorized body.

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

State control over the fulfillment by individuals and (or) legal entities engaged in environmentally hazardous types of economic and other activities of the obligation to conclude a compulsory environmental insurance agreement established by this Law is carried out by the authorized body.

2. 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 6-1. Information interaction

The authorized body and its territorial divisions, prosecutorial bodies, other government bodies and organizations that have information about cases of environmental damage as a result of an accident and its consequences are required to provide this information to the insurer, policyholder (beneficiary), and insurance ombudsman upon their request.

Article 7. Compulsory environmental insurance contract and the procedure for its conclusion

Mandatory environmental insurance is carried out on the basis of an agreement concluded between the insurer and the policyholder in accordance with this Law, the Civil Code of the Republic of Kazakhstan and the Environmental Code of the Republic of Kazakhstan.

Individuals and (or) legal entities that carry out environmentally hazardous types of economic and other activities do not have the right to carry out their activities without concluding a compulsory environmental insurance agreement.

When an environmentally hazardous type of economic or other activity is carried out by two or more owners of the same object, a compulsory environmental insurance contract is concluded by any of them, indicating all owners of the object as insured in the insurance policy.

2. The compulsory environmental insurance contract provides for the implementation of insurance payments for obligations arising as a result of environmental damage caused as a result of an accident when the insured carried out environmentally hazardous types of economic and other activities.

3. A compulsory environmental 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 compulsory environmental insurance contract, except for cases provided for by the laws of the Republic of Kazakhstan.

4. A compulsory environmental insurance contract is concluded by the insurer issuing an insurance policy in electronic form.

The basis for concluding a compulsory environmental insurance contract is an application from the insured.

The insurer is responsible for the incompleteness of the conditions to be specified in the compulsory environmental insurance contract.

If a dispute arises under a compulsory environmental insurance contract due to incompleteness of some of its terms, the dispute is resolved in favor of the policyholder.

4-1. A compulsory environmental insurance contract, at the request of the policyholder, can be concluded by means of a written application to the insurer or the exchange of electronic information resources between the policyholder and the insurer.

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

Requirements for the content and execution of an insurance policy for compulsory environmental insurance are established by the legislation of the Republic of Kazakhstan.

Article 7-1. Requirements for the insurer and Internet resources when concluding a compulsory environmental insurance contract and settling insured events through the exchange of electronic information resources

When concluding compulsory environmental insurance contracts in electronic form and settling insurance claims under them, 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 to conclude a compulsory environmental insurance agreement in electronic form and settle 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 environmental 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 for regulation, control and supervision of the financial market and financial organizations.

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

immediate sending to the policyholder of a notice of the conclusion of a compulsory environmental insurance contract 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 established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

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

5) storage of the compulsory environmental 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 compulsory environmental insurance agreement;

early termination of the compulsory environmental insurance contract;

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

determining the assessment of the amount of environmental damage caused as a result of the accident;

receiving insurance payment;

settlement of disputes arising from the compulsory environmental insurance contract, taking into account the features provided for in Article 22-1 of this Law.

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

Requirements for the procedure and content of notifications on the conclusion of a compulsory environmental insurance agreement and the settlement of insured events under it are determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

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

5. When concluding a compulsory environmental insurance agreement through the exchange of electronic information resources, the policyholder pays the insurance premium (first insurance premium) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to conclude an accession agreement on the terms offered to him.

6. The insurer provides the opportunity to conclude compulsory environmental 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 environmental insurance contracts is not permitted.

Article 8. Validity of the compulsory environmental insurance contract

The compulsory environmental insurance contract is valid for persons obligated to eliminate environmental damage in accordance with this Law and the environmental legislation of the Republic of Kazakhstan.

3. The compulsory environmental insurance contract comes into force and becomes binding on the parties from the date established by the compulsory environmental insurance contract.

4. The compulsory environmental insurance contract is valid for at least twelve months from the date of its entry into force.

5. The validity of a compulsory environmental insurance agreement is limited to the territory of the Republic of Kazakhstan, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.

Article 9. Termination of the compulsory environmental insurance contract

The compulsory environmental insurance contract is considered terminated in the following cases:

expiration of the contract;

2) early termination of the contract;

3) the insurer makes an insurance payment (insurance payments) in the amount of the insured amount under the compulsory environmental insurance agreement.

Article 10. Early termination of a compulsory environmental insurance contract

The compulsory environmental insurance contract is terminated early in the manner and in cases provided for by the civil legislation of the Republic of Kazakhstan.

2. In case of early termination of a compulsory environmental insurance contract, the policyholder has the right to a refund of part of the insurance premium in the following amounts:

No. Period elapsed from the date of entry into force of the compulsory environmental insurance contract until its early termination Amount of insurance premium withheld by the insurer (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 11. Rights and obligations of the policyholder (insured)

Footnote: Footnote. The title of Article 11 is 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 environmental insurance, its rights and obligations under the compulsory environmental insurance agreement;

3) engage an independent expert to assess the cost of eliminating (remediation) environmental damage caused as a result of the accident;

4) get acquainted with the results of the assessment of the cost of elimination (remediation) of environmental damage caused as a result of the accident, and calculations of the amount of insurance payment made by the insurer (including through the insurer’s Internet resource) or an independent expert;

5) terminate the compulsory environmental insurance contract early (this right applies only to the policyholder);

5-1) contact the insurer, taking into account the specifics provided for in Article 22-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory environmental insurance contract;

6) 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”;

7) receive insurance payment in cases provided for by this Law.

The compulsory environmental insurance contract may also provide for other rights of the policyholder (insured), which do not contradict the laws of the Republic of Kazakhstan.

2. The policyholder is obliged:

pay insurance premiums in the amount, manner and terms established by the compulsory environmental insurance agreement;

2) inform the insurer about the state of the insurance risk;

3) notify the insurer of the occurrence of an insured event;

4) in the event of an accident, take measures that are reasonable and available under the circumstances to prevent or reduce possible environmental damage;

5) inform the relevant authorities, taking into account their competence (state fire service authorities, emergency medical services, emergency services, authorized body) about the accident that caused environmental damage and about the injured persons;

6) ensure the transfer to the insurer of the right of recourse to the person responsible for the occurrence of the insured event.

The compulsory environmental insurance contract may also provide for other obligations of the insured that do not contradict the legislative acts of the Republic of Kazakhstan.

Article 12. Rights and obligations of the insurer

The insurer has the right:

when concluding a compulsory environmental insurance contract, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan and the environmental legislation of the Republic of Kazakhstan, require the insurer to provide information necessary for concluding a compulsory environmental insurance contract in accordance with this Law, including information about previous compulsory environmental insurance contracts, insured events and insurance payments;

2) request from the relevant government bodies and organizations, taking into account their competence, documents confirming the fact of the occurrence of an insured event, the nature and scale of environmental damage;

3) receive from the policyholder and the insured person complete and reliable information necessary to assess the risk of environmental damage, about the causes, extent and consequences of the insured event;

4) assess the cost of eliminating (remediation) environmental damage to establish the causes and other circumstances of the occurrence of the insured event;

5) engage an independent expert to assess the scale of environmental damage caused by an accident and determine the amount of insurance payment upon the occurrence of an insured event;

6) conduct their own research on the state of the environment and environmentally hazardous types of economic and other activities carried out by the insured before and after the occurrence of the insured event;

7) make a right of recourse against the person responsible for causing environmental damage in the cases provided for in Article 21 of this Law;

8) refuse to make insurance payments in whole or in part on the grounds provided for in Article 22 of this Law.

The compulsory environmental insurance contract may also provide for other rights of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

2. The insurer is obliged:

familiarize the policyholder with the terms of compulsory environmental insurance, including the rights and obligations arising from the compulsory environmental insurance contract;

2) issue the applicant a certificate indicating the full list of documents submitted and the date of their acceptance;

3) after concluding a compulsory environmental insurance contract, issue an insurance policy to the policyholder;

4) upon notification of an insured event (event considered as an insured event) that occurred during the period of insurance protection under a compulsory environmental insurance contract, 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 for regulation, control and supervision of the financial market and financial organizations;

5) at the request of the insured in writing or his representative, assess the cost of eliminating (remediation) environmental damage as a result of the accident, draw up an insurance act indicating the calculation of the amount of insurance payment and submit it to the beneficiary for review;

6) upon the occurrence of an insured event, make an insurance payment in the manner and within the time limits established by this Law;

6-1) if there are insufficient documents confirming the occurrence of an insured event and the amount of payment to be reimbursed by the insurer in order to eliminate the environmental damage by the insured (beneficiary), within three working days from the date of their receipt, inform the applicant about this, indicating the full list of missing and (or) incorrectly executed documents;

7) reimburse the insured (beneficiary) for expenses incurred in order to prevent or reduce environmental damage caused by an accident in the event of an insured event;

8) ensure the secrecy of insurance;

10) if a decision is made to refuse an insurance payment, send the insured a written justification of the reasons for the refusal within ten days from the date of this decision and a notification of the right of the insured (insured, beneficiary) to contact the insurance ombudsman to resolve disagreements, taking into account the specifics of the legislation of the Republic of Kazakhstan;

11) 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;

12) 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.

The compulsory environmental insurance contract may also provide for other obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

Article 13. Beneficiary rights

Footnote: Footnote. The title of Article 13 is as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (shall be enforced from 07/01/2021).

The beneficiary has the right:

inform the insurer about the occurrence of an insured event that occurred as a result of the policyholder (insured) carrying out environmentally hazardous types of economic and other activities;

2) collect the documents necessary to make the insurance payment and submit them to the insurer;

3) engage an independent expert to establish the nature and scale of environmental damage caused as a result of the accident;

5) receive insurance payment in the manner and within the time limits established by this Law;

6) 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”;

Article 14. Sum insured

The amount of the insured amount is established by agreement of the parties in the compulsory environmental insurance contract, but the amount of the insured amount must be no less than:

5000 times the monthly calculation indicator established by the law on the republican budget for the corresponding financial year, on the date of concluding a compulsory environmental insurance agreement with an individual who is an individual entrepreneur;

2) 65,000 times the monthly calculation indicator established by the law on the republican budget for the corresponding financial year, on the date of concluding a compulsory environmental insurance agreement with a legal entity;

Article 15. Amount of insurance premium

The amount of the insurance premium in the compulsory environmental insurance contract is established by agreement of the parties, but the amount of the insurance premium should not exceed, in the cases provided for in subparagraphs 1) and 2) of Article 14 of this Law, from 0.76 to 2.65 percent of the insured amount established in the compulsory environmental insurance contract.

Article 16. Procedure and terms for payment of insurance premium

The procedure and terms for payment of the insurance premium are established by the compulsory environmental insurance agreement.

2. Unless otherwise provided for in the compulsory environmental insurance contract, then for late payment of the next insurance premium, the policyholder is obliged to pay a penalty to the insurer in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

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

Article 17. Insured event

An insured event under a compulsory environmental insurance contract is recognized as the occurrence of civil liability of the insured to eliminate (remediate) environmental damage caused as a result of an accident.

2. Proving the occurrence of an insured event, as well as the losses caused by it, lies with the insured (beneficiary).

3. If the insurer refuses to make an insurance payment, the insured event is considered to have occurred from the date the court decision to eliminate the environmental damage caused by the insured comes into force.

4. The amount of insurance payment is determined by the insurer based on the cost of elimination (remediation) of environmental damage, taking into account the provisions of paragraph 2 of Article 7 of this Law.

Article 18. Conducting an environmental audit

Footnote: Footnote. Excluded by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (shall be enforced from 07/01/2021).

Article 19. General conditions for making insurance payments

The requirement for an insurance payment to the insurer is made by the policyholder or the beneficiary in writing, including through the insurer’s Internet resource, in accordance with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, with the attachment of documents necessary for making the insurance payment.

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

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

2) a copy of the remediation program approved in accordance with the environmental legislation of the Republic of Kazakhstan;

5) documents confirming the expenses incurred by the policyholder in order to prevent or reduce environmental damage upon the occurrence of an insured event, if available;

6) in some cases - a court decision that found the policyholder responsible for the occurrence of the insured event.

2-2. 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.

3. The beneficiary is the policyholder or another person obligated to eliminate environmental damage, including through the insurance payment.

4. The insurance payment cannot exceed the cost of eliminating (remediation) environmental damage caused as a result of the accident.

6. Upon a written application from the insured (beneficiary) or a notarized power of attorney, insurance payment may be made directly to the person who performed the work and provided services to eliminate environmental damage caused by the accident.

7. When making an insurance payment, the insurer has no right to require the beneficiary to accept conditions that limit his right of claim against the insurer.

Article 20. Procedure for making insurance payments

Insurance payment is made by the insurer within thirty days from the date of receipt of the documents provided for in Article 19 of this Law.

2. 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.

4. 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 the Civil Code of the Republic of Kazakhstan.

Article 21. Right of recourse against the person who caused the damage

Footnote: Footnote. The title of Article 21 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (shall be enforced from 07/01/2021).

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

commission by the policyholder (insured) of actions (inaction), 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;

2) 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;

3) refusal of the policyholder (insured) from his right of claim against the person responsible for the occurrence of the insured event, as well as refusal to transfer to the insurer the documents necessary to transfer the right of claim.

2. 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 insured has against the person responsible for environmental damage, the cost of eliminating which is paid by the insurer in accordance with the compulsory environmental insurance agreement.

Article 22. 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;

2) 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.

2. The following may also be grounds for the insurer’s refusal to make an insurance payment:

receipt by the policyholder of appropriate compensation for expenses from the person responsible for causing environmental damage;

2) 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;

3) 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;

4) deliberate failure by the insured to take measures to reduce expenses for an insured event;

5) obstruction by the insured of the insurer in investigating the circumstances of the occurrence of the insured event and establishing the nature and scale of environmental damage caused, as well as the cost of its elimination;

6) refusal by the policyholder of his right of claim against the person responsible for the occurrence of the insured event, as well as refusal to transfer to the insurer the documents necessary to transfer the right of recourse to the insurer. If the insurance payment has already been made, the insurer has the right to demand its return in whole or in part.

3. Failure to notify or untimely notification of the insurer about the occurrence of an insured event cannot serve as a basis for refusal of insurance payment if it is due to reasons beyond the will of the insured, and relevant documents confirming this fact are presented.

4. If there are grounds for refusal of insurance payment, the insurer is obliged, within ten working days from the date of presentation of the demand, to send to the person who filed the claim for insurance payment an appropriate 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.

5. The insurer is exempt from making insurance payments if the insured event occurred as a result of:

military actions, civil war, civil unrest of all kinds, mass riots or strikes;

2) natural emergencies.

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

Article 22-1. Peculiarities of dispute resolution regarding compulsory environmental insurance

If there is a dispute arising from a compulsory environmental 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 through its branch, representative office, other separate structural unit, Internet resource) or to the court to resolve disputes arising from the contract compulsory environmental 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 (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 23. Procedure for consideration of disputes

Disputes arising from the relations of the parties on compulsory environmental insurance are considered in the manner established by the legislation of the Republic of Kazakhstan.

Article 24. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory environmental insurance

Violation of the legislation of the Republic of Kazakhstan on compulsory environmental insurance entails liability in accordance with the laws of the Republic of Kazakhstan.

Article 25. Procedure for the entry into force of this Law

This Law comes into force on January 1, 2006.

President of the Republic of Kazakhstan