On compulsory civil liability insurance of owners of hazardous facilities

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z040000580_ The relevance of the editorial office has been verified: 2026-06-21.

CONTENTS

Note FROM! Throughout the text, the words “electronic information resources”, “information system”, “information systems” are intended to be replaced, respectively, with the words “digital resources”, “digital system”, “digital systems” in accordance with the Law of the Republic of Kazakhstan dated 01/09/2026 No. 256-VIII (put into effect six months after the date of its first official publication). Note FROM! The Law is subject to amendments by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to be enforced from January 1, 2027).

This Law regulates public relations arising in the field of compulsory civil liability insurance of owners of objects whose activities involve the danger of causing harm to third parties, 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:

accident - destruction of buildings, structures and (or) technical devices used at a hazardous production facility, uncontrolled explosion and (or) release of hazardous substances;
incident - failure or damage to technical devices used at a hazardous production facility, deviation from parameters ensuring the safety of the technological process, which did not lead to an accident;
hazardous production factor - a physical phenomenon that occurs during accidents, incidents at hazardous production facilities, causing harm to the life, health and (or) property of third parties;
the owner of an object whose activities are associated with the danger of causing harm to third parties - an individual and (or) legal entity that owns an object whose activities are associated with the danger of causing harm to third parties, on the right of ownership, the right of economic management or the right of operational management, or on any other legal basis;
civil liability of the owner of an object whose activities are associated with the danger of causing harm to third parties - the obligation of individuals and (or) legal entities established by the civil legislation of the Republic of Kazakhstan to compensate for harm caused to the life, health and (or) property of third parties by a dangerous production factor;
beneficiary - a person who, in accordance with this Law, is the recipient of the insurance payment;
insured event - an event upon the occurrence of which the contract of compulsory liability insurance of owners of objects whose activities are associated with the danger of causing harm to third parties provides for the implementation of insurance payment;

7-1) 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”;

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;
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 contract of compulsory liability insurance of property owners;
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;
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 insured or another person (beneficiary) within the amount specified in the contract (insurance amount);
insured - a person in respect of whom insurance is carried out;
policyholder - a person who has entered into an agreement with the insurer for compulsory insurance of civil liability of the owner of an object whose activities are associated with the danger of causing harm to third parties. Unless otherwise provided by the insurance contract, the policyholder is at the same time the insured;
authorized body - the central executive body that carries out management and intersectoral coordination, development and implementation of state policy in the field of industrial safety;
third party - a person whose life, health and (or) property was harmed by a hazardous production factor.

Employees and owners of a facility whose activities involve the danger of causing harm to third parties are not third parties.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; as amended by the laws 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); dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 04/01/2021 No. 26-VII (shall be enforced ten calendar days after the day of its first official publication).

Article 2. Legislation 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

The legislation 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 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 contained in this Law, then the rules of the international treaty apply.
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.

Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 399-VI (shall be enforced from 12/16/2020).

Article 3. Object of compulsory insurance of civil liability of owners of objects whose activities are associated with the danger of causing harm to third parties

The object of compulsory civil liability insurance of owners of objects whose activities are associated with the danger of causing harm to third parties (hereinafter referred to as compulsory liability insurance of object owners) is the property interest of the owner of the object, whose activities are associated with the danger of causing harm to third parties, associated with his obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for damage caused to the life, health and (or) property of third parties by a hazardous production factor.

Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.

Article 4. Purpose and basic principles of compulsory liability insurance for property owners

The purpose of compulsory liability insurance of property owners is to ensure the protection of the property interests of third parties, whose life, health and (or) property is damaged by a hazardous production factor, through insurance payments.
The basic principles of compulsory liability insurance for property owners are:

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

ensuring the fulfillment by the parties of their obligations under the contract of compulsory liability insurance of property owners.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.

Article 4-1. Features of compulsory liability insurance for property owners

Excluded by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be brought into force 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 liability insurance contracts for property owners by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.

Footnote. The Law is supplemented by Article 4-1 in accordance with the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV; as amended by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be brought into force ten calendar days after the day of its first official publication).

Article 5. Objects whose activities are associated with the danger of causing harm to third parties

Objects whose activities are associated with the danger of causing harm to third parties are objects subject to declaration of industrial safety in accordance with the Law of the Republic of Kazakhstan “On Civil Protection”.

Information about objects for which industrial safety declarations have been registered is posted on the Internet resource of the authorized body.

If, during the validity period of the compulsory liability insurance agreement for the owner of the facility, the facility does not meet the criteria for classifying hazardous production facilities as declared, approved by the authorized body, then the insured provides information to the territorial division of the authorized body about the state of industrial safety at the facility.

Failure of an object to comply with the criteria specified in part one of this paragraph gives the owner of the object the right to early termination of the contract of compulsory liability insurance for object owners. In this case, the insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force.

Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; as amended by the laws 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); dated 04/01/2021 No. 26-VII (shall be enforced ten calendar days after the day of its first official publication).

Article 6. Persons whose civil liability is subject to compulsory insurance

The civil liability of owners of objects whose activities involve the danger of causing harm to third parties is subject to compulsory insurance.

1-1. Operation of a facility whose activities involve the danger of causing harm to third parties is prohibited without concluding a compulsory liability insurance agreement for the owners of the facilities.

The conclusion by the owners of objects whose activities are associated with the danger of causing harm to third parties, a contract of voluntary insurance of their civil liability for harm caused to the life, health and (or) property of third parties, the granting of the right to temporary use of a dangerous object to another person does not relieve them of the obligation to conclude a contract of compulsory liability insurance of the owners of objects.

Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.

Article 7. State supervision and control in the field of compulsory liability insurance of property owners

State supervision and control over the activities of insurance organizations are 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.

2. Excluded by the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (shall be enforced ten calendar days after the day of its first official publication). Footnote. Article 7 as amended by the laws of the Republic of Kazakhstan dated 07/05/2012 No. 30-V (shall be brought into force after ten calendar days after its first official publication); dated 04/11/2014 No. 189-V (shall be enforced ten calendar days after the day of its first official publication); dated 05.24.2018 No. 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 07/03/2019 No. 262-VI (takes effect from 01/01/2020).

Article 7-1. Information interaction

The authorized body, its divisions, the authorized body exercising state control and supervision in the field of industrial safety, prosecutorial bodies, other government bodies and organizations that have information about accidents, incidents and hazardous production factors and their consequences are obliged to provide this information to the insurer, policyholder (beneficiary), insurance ombudsman upon their request.

Footnote. The Law is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (shall be brought into force sixty calendar days after the day of its first official publication).

Article 8. Contract of compulsory liability insurance of property owners and the procedure for its conclusion

Compulsory liability insurance of property owners is carried out on the basis of an agreement concluded between the insured and the insurer in favor of third parties in accordance with this Law.

If there is more than one owner of an object, whose activities are associated with the danger of causing harm to third parties, a compulsory insurance agreement for the liability of object owners is concluded by any of them with the obligatory indication in the insurance policy of all owners of the object as insured.

The contract of compulsory liability insurance of property owners provides for insurance payment for obligations arising as a result of damage to the life, health and (or) property of a third party by a dangerous production factor, with the exception of compensation for moral damage, lost profits and payment of a penalty;
A contract of compulsory liability insurance for property owners 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 insured to enter into a contract of compulsory liability insurance of property owners, except for cases provided for by the laws of the Republic of Kazakhstan.

Under the contract of compulsory liability insurance of property owners, 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 insured (beneficiary) in the amount, manner and terms established by this Law.

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

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

The insurer bears responsibility for the incompleteness of the conditions to be specified in the contract of compulsory liability insurance of property owners. In the event of a dispute arising under a compulsory liability insurance agreement for property owners due to the incompleteness of some of its terms, the dispute is resolved in favor of the policyholder.

4-1. A contract of compulsory liability insurance for property owners, 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.

The insurance policy, in addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, 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 liability insurance of property owners are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

6. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (enters into force from 01/01/2019).

If the insurer has entered into a contract of compulsory liability insurance of property owners on conditions that worsen the position of the policyholder (insured) or a third party 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) or a third party on the terms established by this Law.

Footnote. Article 8 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 07/02/2018 No. 166-VI (takes effect from 01/01/2019); dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for property owners and settling insurance claims through the exchange of electronic information resources

When concluding a contract of compulsory liability insurance of property owners in electronic form and settling insurance claims thereon, 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 liability insurance agreement for property owners 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 liability insurance contracts for property owners and settling insurance claims in electronic form.

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.
When concluding a contract of compulsory liability insurance of property owners 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 liability insurance agreement for property owners or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;
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 for regulation, control and supervision of the financial market and financial organizations;
the possibility for the policyholder (insured) to check information on the concluded contract of compulsory liability insurance of property owners on the Internet resource of the insurance organization;
the ability for the policyholder (the insured, the beneficiary) to check information on the insured event under the contract of compulsory liability insurance of property owners on the Internet resource of the insurance organization;
storage of the contract of compulsory liability insurance of property owners 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;
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 and amending a compulsory liability insurance agreement for property owners;

early termination of the compulsory liability insurance contract for property owners;

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

determining the assessment of the amount of harm caused;

receiving insurance payment;

settlement of disputes arising from the contract of compulsory liability insurance of property owners, taking into account the features provided for in Article 21-1 of this Law.

Notification of the conclusion of a compulsory liability insurance agreement for property owners 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 liability insurance agreement for property owners 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.

When concluding a contract of compulsory liability insurance of property owners through the exchange of electronic information resources, the insurance contract is considered concluded by the policyholder 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 contract of compulsory liability insurance of property owners.
When concluding a contract of compulsory liability insurance of property owners through the exchange of electronic information resources, the policyholder pays the insurance premium (the first insurance premium in the case of payment of the insurance premium in installments) after familiarizing himself with the terms of insurance provided for by this Law, thereby confirming his consent to enter into an accession agreement on the terms offered to him conditions.
The insurer provides the possibility of concluding compulsory liability insurance contracts for property owners and settling insured events on them using the insurer’s Internet resource around the clock.
The activity of insurance agents in concluding compulsory liability insurance contracts for property owners is not permitted.

Footnote. The Law is supplemented by Article 8-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (to be enforced from 01/01/2019); as amended by the Law of the Republic of Kazakhstan dated July 12, 2022 No. 138-VII (to come into effect from January 1, 2024).

Article 9. Validity of the contract of compulsory liability insurance of property owners

The contract of compulsory liability insurance of property owners comes into force and becomes binding on the parties from the moment the policyholder pays the first insurance premium, unless the terms of the contract of compulsory liability insurance of property owners provide otherwise.
The contract of compulsory liability insurance of property owners is concluded for a period of no more than twelve months from the date of its entry into force.

When the owner of an object carries out an activity for a period of less than twelve months, a contract of compulsory liability insurance of object owners is concluded for the period of the activity, but not less than six months.

The validity period of insurance coverage coincides with the validity period of the compulsory liability insurance agreement for property owners.

The validity of the contract of compulsory liability insurance of property owners is limited to the territory of the Republic of Kazakhstan, unless otherwise provided for in the contract of compulsory liability insurance of property owners.

Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.

Article 10. Termination of the compulsory liability insurance contract for property owners

The contract of compulsory liability insurance for property owners is considered terminated in the following cases:

expiration of the contract;
early termination of the contract;
the insurer makes an insurance payment (insurance payments) in the amount of the insured amount under the compulsory liability insurance agreement for property owners.

Article 11. Early termination of the contract of compulsory liability insurance of property owners

The procedure, conditions and consequences of early termination of the contract of compulsory liability insurance of property owners are determined in accordance with the civil legislation of the Republic of Kazakhstan.

Article 12. Rights and obligations of the policyholder (insured)

Footnote. The title of Article 12 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 liability insurance of property owners, their rights and obligations under the contract of compulsory liability insurance of property owners;
engage an independent expert to assess the insurance risk;
excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (to come into effect from 01/01/2019);
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) and (or) an independent expert;
terminate the contract of compulsory liability insurance of property owners early (this right applies only to the policyholder);

5-1) contact the insurer, taking into account the specifics provided for in Article 21-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory liability insurance agreement for property owners;

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 through its branch, representative office, other separate structural unit, Internet resource) taking into account the features provided for by the Law Republic of Kazakhstan "On insurance activities";
demand changes to the terms of the compulsory liability insurance contract for owners of objects in the event of changes in circumstances that may lead to a decrease in the insurance risk at the object, the activities of which are associated with the danger of causing harm to third parties, the likelihood of an insured event or the amount of possible harm if it occurs (this right applies only to the insured);
receive insurance payment in cases and in the manner provided for by this Law.

The contract of compulsory liability insurance of property owners 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:

pay the insurance premium in the amount, procedure and terms established by the compulsory liability insurance agreement for property owners;

1-1) within ten calendar days from the date of conclusion of the contract of compulsory liability insurance of property owners, inform the authorized body about this;

when concluding a contract of compulsory liability insurance for property owners, provide the insurer with information about previous contracts of compulsory and voluntary liability insurance for property owners, insured events, insurance payments and other information necessary for concluding a compulsory liability insurance contract for property owners;
within three working days, inform the insurer and authorized government bodies, based on their competence, about changes in circumstances, if these changes may affect the increase in insurance risk;
inform the insurer and government agencies, based on their competence, about the planned modernization and (or) repurposing of an object whose activities are associated with the danger of causing harm to third parties, which can significantly increase the insurance risk;
take necessary and possible measures to prevent the harmful effects of hazardous production factors on the life, health and (or) property of third parties;
immediately, but no later than three days, as he became aware of the occurrence of an insured event, notify the insurer about this;
in the event of a harmful impact of hazardous production factors on the life, health and (or) property of third parties, take reasonable and accessible measures in the current circumstances to prevent or reduce possible losses, including saving property and providing assistance to injured persons;
provide the insurer’s representative with the opportunity to conduct an independent investigation into the causes and other circumstances of an accident or incident at a facility whose activities are associated with the danger of causing harm to third parties;
take all possible measures to ensure the safety of the damaged property and the affected area (if this does not contradict the interests of safety or does not affect the amount of damage) until they are inspected by a representative of the insurer in the form in which they appeared after the occurrence of the insured event;
provide the insurer with all available information (if necessary - in writing) and documentation that allows one to judge the causes, progress and consequences of the insured event, as well as the nature and extent of the damage caused;
within three working days, as he became aware of the filing of a claim or statement of claim for compensation for damage caused to the life, health and (or) property of third parties by a hazardous production factor, notify the insurer about this in any available way;
ensure the transfer to the insurer of the right of recourse to the person responsible for causing the harm.

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

Footnote. Article 12 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 07/02/2018 No. 166-VI (the order of enforcement see clause 2); dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 13. Rights and obligations of the insurer

The insurer has the right:

when concluding a contract of compulsory liability insurance of the owner of an object, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the policyholder (insured) to provide information necessary for concluding a contract of compulsory liability insurance of owners of objects in accordance with this Law, including information about previous contracts of compulsory and voluntary insurance of liability of owners of objects, insured events and insurance payments;
engage an independent expert to assess the insurance risk;
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 damage caused to third parties;
participate in the inspection of damaged property of third parties and the affected area and sign inspection reports;
demand changes to the terms of the compulsory liability insurance contract for owners of objects in the event of changes in circumstances that may lead to an increase in the insurance risk at the object, the activities of which are associated with the danger of causing harm to third parties (the likelihood of an insured event or the amount of possible harm if it occurs);
act on behalf of and on behalf of the policyholder (insured) in relations related to compensation for damage caused;
on behalf of the policyholder (insured), take over the conduct of cases in court on his behalf in relation to the claims made by the beneficiaries. However, these actions of the insurer cannot be regarded as recognition of its obligation to make insurance payments;
present the right of recourse to the person responsible for causing the harm.

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

The insurer is obliged:

familiarize the policyholder (insured) with the conditions of compulsory liability insurance for property owners, including the rights and obligations of the parties arising from the compulsory liability insurance agreement for property owners;
issue an insurance policy to the policyholder (insured);

2-1) upon notification of an insured event (an event considered as an insured event) that occurred during the period of insurance protection under a compulsory liability insurance agreement for property owners, immediately register it and submit information on this insured event (an 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;

upon the occurrence of an insured event, make an insurance payment in the manner and under the conditions provided for by this Law;

3-1) 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;

if a decision is made to refuse an insurance payment, send to the insured (beneficiary) in writing a reasoned justification of the reasons for the refusal and a notice 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;
ensure the secrecy of insurance;
upon receipt of an application from the policyholder (third party, beneficiary), consider the requirements of the policyholder (third party, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;
upon receipt from the policyholder (third party, 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 contract of compulsory liability insurance of property owners may also provide for other obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

Footnote. Article 13 as amended by the laws of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 14. Rights of third parties

Third parties have the right:

inform the insurer about the occurrence of an insured event that occurred as a result of the harmful effects of hazardous production factors on their life, health and (or) property;
instead of the policyholder (insured), collect the documents necessary to make the insurance payment and submit them to the insurer;
use the services of an independent expert to assess the amount of harm caused;
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) and (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 through its branch, representative office, other separate structural unit, Internet resource) taking into account the features provided for by the Law Republic of Kazakhstan "On insurance activities";
submit a claim to the insured 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 law, the rights of third parties established by paragraph 1 of this article are transferred to other persons (beneficiaries).

Footnote. Article 14 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 15. Sum insured

The insurance amount under the contract of compulsory liability insurance of property owners is in the amount of the monthly calculation index established by the law on the republican budget for the corresponding financial year:

600 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors exceeds four thousand people;
350 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than two thousand people, but does not exceed four thousand people;
225 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than one and a half thousand people, but does not exceed two thousand people;
115 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than seven hundred and fifty people, but does not exceed one and a half thousand people;
50 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than three hundred people, but does not exceed seven hundred and fifty people;
30 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than one hundred and fifty people, but does not exceed three hundred people;
12 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than seventy-five people, but does not exceed one hundred and fifty people;
5 thousand - if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is more than ten people, but does not exceed seventy-five people;
1 thousand - for other declared hazardous industries, if the maximum possible number of victims as a result of the harmful effects of hazardous production factors is up to ten people.

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.

Article 16. Amount of insurance premium

The amount of the insurance premium under the contract of compulsory liability insurance of facility owners is established by agreement of the parties in the range from 0.72 to 2.02 percent of the amount insured, depending on the level of danger of the facility, the activities of which are associated with the danger of causing harm to third parties.
The amount of the insurance tariff for a specific object is established depending on the general level of danger of the object, determined annually by the authorized body.
The amount of the insurance premium is established taking into account the insurance tariff specified in the contract of compulsory liability insurance of facility owners, the general level of danger of the facility, determined by the authorized body in the field of industrial safety.

Information on the annual general level of danger of organizations that have hazardous production facilities that are subject to declaration and insurance is posted by the authorized body on its Internet resource or published in republican periodicals in the Kazakh and Russian languages.

If the general level of danger of the object is maintained or reduced, the insurance premium is paid at the insurance rate established in accordance with this article.

When the general level of danger of an object increases in comparison with the industry average, an increasing factor of ten percent is applied to the insurance tariff for one percent increase in the general level of danger of the object.

The amount of the insurance rate, taking into account the increasing coefficient, should not exceed the amount of the insurance rate established in paragraph 1 of this article.

Footnote. Article 16 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 04/11/2014 No. 189-V (shall be enforced ten calendar days after the day of its first official publication); dated 09/29/2014 No. 239-V (shall be enforced ten calendar days after the day of its first official publication).

Article 17. Procedure and terms for payment of insurance premium

Insurance premiums are paid in a lump sum within ten days after the conclusion of a compulsory liability insurance agreement for property owners.

If the contract of compulsory liability insurance of property owners is changed for any reason, the difference between the newly calculated and previously paid insurance premiums is subject to additional payment (refund) within fifteen days.

A contract of compulsory liability insurance for property owners may provide for the right of the policyholder to pay the insurance premium in installments by making insurance contributions in the manner determined by the contract of compulsory liability insurance for property owners.

The insurer provides the opportunity to pay the insurance premium non-cash through the insurer's Internet resource.

Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV.; as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (takes effect from 01/01/2019).

Article 18. Determination of an insured event and the amount of insurance payment

An insured event under a compulsory liability insurance agreement for property owners is recognized as the fact of the occurrence of civil liability of the policyholder (insured) for compensation for damage caused to the life, health and (or) property of a third party by a hazardous production factor.

The amount of insurance payment is determined by the insurer or an independent expert on the basis of an investigation into the causes of the accident, incident, court decisions and other materials containing data on the amount of damage caused.

The amount of insurance payment for harm caused to the life and health of each third party is established by this Law in the amount of the monthly calculation index established by the law on the republican budget for the corresponding financial year, and is:

upon death - 1000;
upon establishment of disability:

first group – 800;

second group – 600;

third group – 500;

child with disabilities – 500;

in case of injury, 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 300. In this case, the amount of insurance payment for each day of inpatient treatment must be at least 2 monthly calculation index.

The amount of harm caused when property is damaged is determined based on the calculation of the cost of its restoration, taking into account the deterioration of the property that occurred before the occurrence of the insured event.

The cost of property restoration is determined based on average market prices and tariffs in effect at the time of the insured event.

The amount of damage caused during the destruction of property is determined based on the actual value of the property, taking into account wear and tear on the day the insured event occurred.

Property is considered destroyed if its restoration is technically impossible or economically justified. Restoration of property is considered not economically justified if the expected expenses (cost of restoration) exceed eighty percent of the actual value of the property, taking into account accrued depreciation on the day of the insured event.

The amount of damage caused to the property of each third party as a result of the occurrence of an insured event at the request of the policyholder (insured) or another person who is a beneficiary is determined by the insurer. If necessary, an assessment of the amount of harm caused can be carried out by an independent expert. If you disagree with the results of the assessment of damage caused, the parties have the right to prove otherwise.
The insurance payment cannot exceed the amount of losses caused to a third party (actual damage).

Insurance payment for damage caused to the life and health of every third party is made in the amount established by paragraph 2 of this article.

The insurer has the right to conduct an additional investigation in order to determine the amount of damage caused. In this regard, he has the right to request materials from the technical investigation of the accident, incident, documents from government agencies regarding the infliction of harm, medical documents, invoices that allow one to judge the value of lost (damaged, destroyed) property, the cost of work performed, expenses incurred, as well as other necessary documents.
Insurance payments are made within the limits of the insured amount established in the contract of compulsory liability insurance of property owners.

If the insured amount is insufficient to fully compensate for damage caused to third parties, the insurer makes insurance payments within the limits of the insured amount determined in the contract of compulsory liability insurance of property owners, in the manner prescribed by paragraph 7 Article 19 of this Law. In this case, the beneficiary has the right to make a claim directly to the policyholder (insured) for compensation for damage caused in the amount of excess of the amount of damage caused over the amount of the insurance payment received.

When insuring the civil liability of property owners with several insurers, each insurer is liable to the insured within the limits of the contract concluded with him, however, the total amount of insurance payments received by the insured (beneficiary) from all insurers cannot exceed the actual damage.

In this case, the policyholder has the right to receive an insurance payment from any insurer in the amount of the insured amount stipulated by the contract concluded with him. If the received insurance payment does not cover the actual damage, the policyholder has the right to receive the missing amount from another insurer.

The insurer, wholly or partially exempted from insurance payment due to the fact that the damage caused was compensated by other insurers, is obliged to return to the insured the corresponding part of the insurance premiums minus the expenses incurred.

In cases where the damage caused is also compensated by other persons, the insurer pays only the difference between the amount of insurance payment under the contract of compulsory liability insurance of property owners and the amount compensated by other persons. The policyholder is obliged to inform the insurer about payments that have become known to him, made by other persons in compensation for damage to third parties.
The insurer is also obliged to reimburse expenses incurred by the policyholder in order to prevent or reduce losses from an insured event, if such expenses were necessary and (or) were incurred to carry out the instructions of the insurer, even if the corresponding measures were unsuccessful. Reimbursement of these expenses is made by the insurer within thirty days from the date of receipt of the report on the relevant expenses, but not earlier than the payment of insurance payments.

The specified expenses of the insured are reimbursed in actual amounts, however, so that the total amount of insurance payment and compensation for expenses does not exceed the insured amount provided for in the contract of compulsory liability insurance of property owners.

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.

In the event of the death of the victim in the absence of heirs, the person who buried the victim will be reimbursed by the insurer for the necessary funeral expenses in the amount of actual costs, but within the limits of the insured amount established by the compulsory liability insurance agreement for property owners.

Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 06/27/2022 No. 129-VII (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 19. Conditions and procedure 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 for regulation, control and supervision of the financial market and financial organizations, with the following documents attached:

excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be brought into force ten calendar days after the day of its first official publication).;
a beneficiary’s claim for compensation for damage recognized by the insured, accompanied by documents confirming the damage caused and its amount, or a court decision that has entered into legal force on compensation for damage caused to the life, health and (or) property of third parties by a hazardous production factor;
documents (if available) confirming the costs associated with taking measures to prevent or reduce the amount of harm.

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.

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.

When making an insurance payment, the insurer has no right to demand that the policyholder (insured) or other person who is the beneficiary accept conditions limiting his right of claim against the insurer.
The beneficiary is a third party (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 his death) or another person who has compensated the third party (the person entitled to compensation for damage) for the damage caused within the limits of the insurer’s liability established by this Law, and has received the right to insurance payment.
Insurance payment is made by the insurer no later than thirty days from the date of receipt of the documents provided for in paragraph 1 of this article.
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.
Satisfaction of applications for compensation for harm caused to the life, health and (or) property of third parties by a hazardous production factor recognized by the insurer or by a court decision as an insured event is carried out in the order in which they are received, and if several applications are received simultaneously, in the following order:

first of all, claims for compensation for harm caused to the life and health of individuals are satisfied;
secondly, damage caused to the property of individuals is compensated;
thirdly, damage caused to the property of legal entities is compensated.

Footnote. Article 19 as amended by the laws of the Republic of Kazakhstan dated 04.05.2010 No. 275-IV; dated 07/02/2018 No. 166-VI (the order of enforcement see clause 2); dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 20. Right of recourse against the person who caused the harm

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

intentional actions of the policyholder (insured), aimed at the occurrence of an insured event or contributing to its occurrence;
commission by the policyholder (insured) of actions recognized in the manner established by the legislative acts of the Republic of Kazakhstan as intentional criminal or administrative offenses that are causally related to the insured event;
an increase in the amount of damage as a result of the deliberate failure by the policyholder (insured) to take reasonable and accessible measures to reduce it;
communication by the policyholder (insured) to the insurer of knowingly false information about the object of insurance, about the insurance risk, the insured event and its consequences;
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.

The insurer who has made the insurance payment receives, within the limits of the amount paid, the right of recourse that the policyholder (insured) has against the person responsible for the damage caused, compensated under the contract of compulsory liability insurance of property owners.
An insurer that has made an insurance payment under a contract of compulsory liability insurance of facility owners does not have the right to reclaim claims against their employees whose violation of official, official or other labor duties caused the occurrence of a hazardous production factor, except in cases of intentional actions.

Footnote. Article 20 as amended by the laws of the Republic of Kazakhstan dated 07/03/2014 No. 227-V (enters into force from 01/01/2015); dated 04.05.2010 No. 275-IV.

Article 21. 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 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.

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

any claims for compensation for damage in excess of the insured amount provided for in the compulsory liability insurance agreement for property owners;
receipt by the policyholder (insured) and (or) other person who is the beneficiary of appropriate compensation for the loss from the person responsible for causing the loss;
failure to notify the insurer of the occurrence of an insured event.

The decision to refuse insurance payment is made and communicated by the insurer within thirty days to the policyholder (insured) and (or) beneficiary 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’s refusal to make an insurance payment may be appealed by the policyholder (insured) and (or) another person who is a beneficiary in court.

Footnote. Article 21 as amended by the laws of the Republic of Kazakhstan dated 07/03/2014 No. 227-V (enters into force from 01/01/2015); dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 21-1. Features of the settlement of disputes regarding compulsory civil liability insurance of owners of objects whose activities are associated with the danger of causing harm to third parties

If there is a dispute arising from a contract of compulsory liability insurance of property owners, the insured (third party, 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 liability insurance of property owners, taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

The insurer, upon receiving an application from the policyholder (third party, beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.
If the policyholder (third party, beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder (third party, 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.

Footnote. The Law is supplemented by Article 21-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); 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).

Article 22. Dispute resolution procedure

Disputes arising from the contract of compulsory liability insurance of property owners are considered in the manner established by the legislation of the Republic of Kazakhstan.

Article 23. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory liability insurance of owners of objects whose activities are associated with the danger of causing harm to third parties

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory liability insurance of owners of objects whose activities are associated with the danger of causing harm to third parties are liable in accordance with the laws of the Republic of Kazakhstan.

President Republic of Kazakhstan