On compulsory civil-liability insurance of vehicle owners (MTPL)

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	№ 446-II
Act type	Law of the RK
Authority	Parliament of the RK
Adoption date	01.07.2003
Last amended	30.06.2025
Status	In force
Әділет identifier	Z030000446_

Scope and relevance

The law governs compulsory civil-liability insurance of vehicle owners (MTPL). For actuaries the key elements are the system of coefficients (territory, vehicle type, driver age and experience, bonus-malus) and benefit limits expressed in MCI — the basis for pricing this mass retail line.

Official source

• Full text (RU) — adilet.zan.kz
• Full text (KK) — adilet.zan.kz

---

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z030000446_ The relevance of the editorial office has been verified: 2026-06-20.

Attention users! For the convenience of using RCPI, a CONTENTS note has been created. Throughout the text, the words “electronic information resources” are to be replaced with the words “digital resources” in accordance with the Law of the Republic of Kazakhstan dated 01/09/2026 No. 256-VIII (shall be enforced six months after the date of its first official publication).

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

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

2) reliability factor - a coefficient characterizing the degree of confidence in the data used in the unified insurance database, necessary for calculating correction factors;

2-1) “bonus-malus” system - a system of discounts and allowances used in calculating the amount of insurance premium payable under a compulsory insurance contract for civil liability of vehicle owners, by applying increasing or decreasing coefficients to the policyholder (insured), depending on the presence or absence of insured events due to his fault with the assignment of the appropriate class;

3) victim - a person whose life, health and (or) property was harmed as a result of the operation of a vehicle;

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

5) complex contract - a contract of compulsory insurance of civil liability of vehicle owners, concluded by an individual who is the owner of two or more vehicles specified in the insurance policy, and valid in relation to only one insured individual;

6) civil liability of the owner of the vehicle - the obligation of individuals and legal entities 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 as a result of operating the vehicle as a source of increased danger;

7) operation of a vehicle - the use of a vehicle for movement on roads, as well as in adjacent territories equipped or adapted and used for the movement of vehicles;

8) owner of a vehicle - an individual or legal entity who owns a vehicle on the right of ownership, the right of economic management or the right of operational management or any other legal basis (a property lease agreement, by virtue of an order of the competent authority on the transfer of the vehicle, etc.);

9) transport accident - an incident (including a traffic accident) that occurred during the operation of a vehicle and with its participation, as well as the movement of parts separated from the vehicle and the cargo on it, as a result of which harm was caused to third parties;

9-1) simplified registration of a transport accident - registration of documents about a transport incident without the participation of employees of internal affairs bodies in the manner and under the conditions established by this Law;

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

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

11-1) simplified procedure for settling an insured event - settlement of an insured event with a simplified registration of a transport accident in the manner and on the conditions established by this Law and the regulatory legal act of the authorized body;

11-2) 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”;

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

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

14) 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;

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

16) insured - a person in respect of whom insurance is carried out;

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

18) standard contract - a contract of compulsory insurance of civil liability of vehicle owners, concluded by an individual or legal entity that is the owner of the vehicle specified in the insurance policy, and valid in relation to one or more insured persons;

18-1) targeted loss ratio - a coefficient characterizing the target loss ratio for compulsory civil liability insurance of vehicle owners, used to calculate correction factors;

19) direct settlement - a mechanism for settling an insured event, in which compensation for damage caused to the life, health and (or) property of the victim in a transport accident is carried out by the insurer, with whom the victim has entered into an agreement of compulsory insurance of civil liability of vehicle owners within the scope of liability provided for by this Law.

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of vehicle owners

1. The legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of vehicle owners 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.

2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by this Law, then the rules of the international treaty apply.

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

Article 3. Object of compulsory insurance of civil liability of vehicle owners

The object of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory liability insurance of vehicle owners) is the property interest of the insured person 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 as a result of the operation of the vehicle as a source of increased danger.

Article 4. Main goals, principles and objectives of compulsory liability insurance for vehicle owners

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

1. The main purpose of compulsory liability insurance of vehicle owners is to ensure the protection of the property interests of third parties, whose life, health and (or) property is damaged as a result of the operation of vehicles, through insurance payments.

2. The basic principles of compulsory liability insurance for vehicle owners are:

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

operation of a vehicle subject to the conclusion by its owner of a compulsory liability insurance agreement for vehicle owners;

ensuring that the parties fulfill their obligations under the contract of compulsory liability insurance of vehicle owners;

economic interest of vehicle owners in improving road safety.

3. The main objectives of compulsory liability insurance for vehicle owners are:

1. ensuring compensation for harm caused to the life, health and (or) property of third parties as a result of operating a vehicle as a source of increased danger;

2) ensuring the protection of the rights and legitimate interests of persons whose life, health and (or) property have been harmed as a result of operating a vehicle as a source of increased danger.

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

1. The civil liability of owners is subject to compulsory insurance:

1. cars, trucks, buses, minibuses and vehicles built on their basis, motor vehicles and trailers (semi-trailers) for them, registered (subject to state registration) in the divisions of the authorized body for ensuring road safety, as well as trams and trolleybuses;

2) temporarily entered (imported) into the territory of the Republic of Kazakhstan;

3) vehicles specified in subparagraphs 1) and 2) of this paragraph, delivered under their own power from manufacturing organizations, repair and trade organizations, customs control authorities to the place of registration, as well as deregistered by a division of the authorized body for ensuring road safety in connection with a change in the owner’s place of residence or a change in ownership.

2. The civil liability of the owner of the vehicle is subject to insurance for each unit of the vehicle he operates.

The conclusion of a contract of voluntary insurance of civil liability of vehicle owners does not relieve the owner of the vehicle from the obligation to conclude a contract of compulsory liability insurance of vehicle owners.

3. A contract of compulsory liability insurance of vehicle owners is not concluded in the event of entry into the territory of the Republic of Kazakhstan of a vehicle registered in another state, the owner of which has entered into a contract of liability insurance of vehicle owners, recognized by the Republic of Kazakhstan in accordance with the terms of an international treaty concluded between this state and the Republic of Kazakhstan.

4. The contract of compulsory liability insurance of vehicle owners is not concluded by owners whose vehicles are not subject to state registration and registration (with the exception of trams and trolleybuses) in the divisions of the authorized body for ensuring road safety in accordance with the legislation of the Republic of Kazakhstan, except for cases when the vehicle is considered to be in international traffic on the territory of the Republic of Kazakhstan.

5. The civil liability of a person driving a vehicle due to the performance of his official or labor duties, including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the owner of the vehicle on the basis of his expression of will without a written form of the transaction, is not subject to compulsory insurance.

Chapter 2. Ensuring the functioning of the compulsory liability insurance system for vehicle owners

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

1. State control and supervision over the activities of insurance organizations is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body) in accordance with the legislation of the Republic of Kazakhstan.

2. State control over the fulfillment by vehicle owners of the obligation to conclude a contract of compulsory liability insurance for vehicle owners, established by this Law, is carried out by divisions of the authorized body for ensuring road safety when registering vehicles and exercising their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts of the Republic of Kazakhstan in the field of ensuring road safety.

3. State control over the fulfillment by vehicle owners of the obligation to conclude a compulsory liability insurance agreement for vehicle owners, established by this Law, is carried out at automobile checkpoints across the State Border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, by state revenue authorities.

Article 7. Inadmissibility of operating a vehicle without concluding a contract of compulsory liability insurance for vehicle owners

1. Operation of a vehicle in the event of failure to conclude a compulsory liability insurance agreement for vehicle owners is not permitted.

2. Divisions of the authorized body for ensuring road safety and transport control authorities, when checking documents, are obliged to verify the fulfillment by vehicle owners of the obligation to conclude a compulsory liability insurance agreement for vehicle owners.

Article 8. Features of compulsory liability insurance of vehicle owners

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

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

3. Vehicle owners have the right to enter into liability insurance contracts for vehicle owners with insurers of other states, including in electronic form, provided that this insurance provides insurance protection for vehicle owners only outside the Republic of Kazakhstan.

Article 8-1. Database

Footnote: Footnote. Article 8-1 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 8-2. Information provided for the formation of the database and the deadline for its submission

Footnote: Footnote. Article 8-2 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 8-3. Mandatory terms of the contract for the provision of information and (or) receipt of insurance reports

Footnote: Footnote. Article 8-3 is excluded by the Law of the Republic of Kazakhstan dated July 15, 2010 No. 338-IV (to come into force on January 1, 2011).

Article 9. Information interaction

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

1. The internal affairs bodies of the Republic of Kazakhstan issue one copy each to the participants in a transport accident or their representatives, as well as to insurance organizations, the insurance ombudsman, at their request, documents confirming the occurrence of an event that has signs of an insured event, as well as a case of harm to the life and health of the victim by a person who fled the scene of the traffic accident, including a copy of the protocol on violation of traffic rules with a diagram of the incident.

2. Internal affairs bodies, prosecutors, courts, healthcare organizations, other government bodies and organizations that have information about a transport accident and its consequences are required to provide this information to the insurer, insurance ombudsman and the Insurance Payment Guarantee Fund when they apply and (or) when exchanging electronic information resources.

3. If it is impossible for the policyholder (insured), the victim or their heirs to report the occurrence of a traffic accident, the divisions of the authorized body for ensuring road safety shall inform the relevant insurer about this traffic accident.

4. The types of information interaction specified in paragraphs 1, 2 and 3 of this article are carried out through the exchange of electronic information resources through a unified insurance database.

5. In order to obtain information about cases of harm to the life of a victim as a result of a traffic accident, information interaction between the state body carrying out statistical activities in the field of legal statistics and special records and the organization for the formation and maintenance of the database is carried out through the exchange of electronic information resources.

In order to determine the beneficiary and provide access to information confirming the family relationship of the applicant with the deceased person, information interaction is carried out between the state body, which, in accordance with the laws of the Republic of Kazakhstan, exercises the right to own, use and dispose of the database containing such information, with the organization for the formation and maintenance of the database.

The organization for the formation and maintenance of the database sends the information specified in parts one and two of this paragraph to the insurer that has entered into a compulsory liability insurance agreement for vehicle owners with the participant in this traffic accident.

6. Authorized bodies in the field of customs affairs, protection and security of the State Border of the Republic of Kazakhstan and other state bodies provide information about vehicles temporarily entered (imported) into the territory of the Republic of Kazakhstan to the organization for the formation and maintenance of a database through an information exchange system.

Chapter 3. Contract of compulsory liability insurance of vehicle owners

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

1. Compulsory liability insurance of vehicle owners is carried out on the basis of an agreement concluded between the policyholder and the insurer in accordance with this Law.

2. The contract of compulsory liability insurance of vehicle owners provides for the implementation of insurance payments for obligations arising as a result of harm to the life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including loss of the marketable value of the property, as well as compensation for penalties in connection with the violation of the terms of delivery of goods or production of work (rendering services) by the victim, his other obligations under contracts (agreements).

3. A contract of compulsory liability insurance for vehicle 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 policyholder to enter into a contract of compulsory liability insurance of vehicle owners, except for cases provided for by the laws of the Republic of Kazakhstan.

Under a contract of compulsory liability insurance of vehicle 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 beneficiary in the amount, manner and terms established by this Law.

4. Compulsory liability insurance contracts for vehicle owners are divided into the following types:

1. standard;

2. complex.

5. The contract of compulsory liability insurance of vehicle 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 vehicle owners is an application from the policyholder containing the data necessary for calculating the insurance premium and identifying the policyholder and the insured.

5-1. A contract of compulsory liability insurance for vehicle owners, at the request of the policyholder, can be concluded by contacting the insurer or by exchanging electronic information resources between the policyholder and the insurer.

5-2. It is not allowed to conclude a compulsory liability insurance agreement for owners of vehicles that are not in international traffic on the territory of the Republic of Kazakhstan, with the exception of vehicles registered (subject to state registration) in the territorial divisions of the authorized body for ensuring road safety.

6. 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 and an indication of the type of contract.

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

6-1. Changes and additions to the insurance policy are not allowed.

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

9. Payment of the insurance premium under the contract of compulsory liability insurance of vehicle owners is made by an individual in a one-time payment.

Article 11. Standard contract

1. Under a standard contract, the civil liability of one or more vehicle owners can be insured.

2. A standard contract is concluded for each unit of the vehicle in use.

3. The insurance policy must contain information about the policyholder (insured, insured) and the vehicle being used.

4. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

5. Under a standard contract, civil liability of the policyholder (insured) arising as a result of damage to third parties by the policyholder (insured) himself is considered insured or in the event of:

1. driving a vehicle by a person entitled to drive it in the presence of the policyholder (insured);

2. driving a vehicle by a person on the basis of an employment or other contract with the policyholder (insured), drawn up in writing;

3. driving a vehicle by a person who has unlawfully taken possession of the vehicle, if responsibility for the damage caused is assigned to the policyholder (insured).

6. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Article 12. Complex agreement

1. Under a comprehensive agreement, the civil liability of an individual who is the owner of two or more vehicles can be insured.

2. A comprehensive contract is concluded for all vehicles in use.

3. The insurance policy must contain information about the policyholder (insured) - an individual and the vehicles operated by him.

4. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

5. Under a comprehensive agreement, the civil liability of the policyholder (insured) arising as a result of damage to third parties by the policyholder (insured) himself is considered insured or in the event of:

1. driving a vehicle by a person entitled to drive it in the presence of the policyholder (insured);

2. driving a vehicle by a person who has unlawfully taken possession of the vehicle, if responsibility for the damage caused is assigned to the policyholder (insured).

6. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

Article 12-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for vehicle owners and settling insurance claims through the exchange of electronic information resources

1. When concluding a contract of compulsory liability insurance of vehicle 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 contract of compulsory liability insurance of vehicle owners and notification of a traffic accident, an application to determine the amount of damage caused, making an insurance payment under such a contract, the insured (insured, beneficiary) in electronic form 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 vehicle owners and settling insurance claims in electronic form.

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

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

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

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

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

5) storage of the contract of compulsory liability insurance of vehicle 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;

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

concluding a contract of compulsory liability insurance for vehicle owners;

early termination of the contract of compulsory liability insurance of vehicle owners;

notifications about the occurrence of an insured event (traffic accident);

determining the amount of harm caused;

receiving insurance payment;

settlement of disputes arising from the contract of compulsory liability insurance of vehicle owners, taking into account the features provided for in Article 29-1 of this Law.

Notification of the conclusion of a compulsory liability insurance agreement for vehicle owners and the settlement of insurance claims 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 vehicle owners and the settlement of insured events under it are determined by the authorized body.

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

5. When concluding a contract of compulsory liability insurance of vehicle owners through the exchange of electronic information resources, the policyholder pays the insurance premium after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to enter into an accession contract on the terms proposed to him.

6. The insurer provides the opportunity to conclude a contract of compulsory liability insurance for vehicle owners and settle insurance claims under it using the insurer’s Internet resource around the clock.

7. The activity of insurance agents in concluding compulsory liability insurance contracts for vehicle owners is not permitted.

Article 13. Validity of the contract of compulsory liability insurance of vehicle owners

1. The contract of compulsory liability insurance of vehicle owners is valid in relation to all persons recognized as victims in accordance with this Law, including those in the vehicle of the policyholder (insured) who is guilty of causing harm, with the exception of:

1. a person driving this vehicle due to the performance of official or labor duties with the policyholder (insured), including on the basis of an employment or other contract with the owner of the vehicle, or in the presence of the policyholder (insured) based on his expression of will without a written transaction;

2. passengers, if the policyholder (insured) is a carrier subject to the requirements of the legislative act of the Republic of Kazakhstan regulating the compulsory insurance of civil liability of the carrier to passengers;

3) employees of the policyholder (insured), if the legislative acts of the Republic of Kazakhstan impose the obligation on the policyholder (insured) as an employer to insure the employee against accidents during the performance of his labor (official) duties.

2. The contract of compulsory liability insurance of vehicle owners comes into force and becomes binding on the parties from the date established by the contract of compulsory liability insurance of vehicle owners.

3. The contract of compulsory liability insurance of vehicle owners is concluded for a period of twelve months from the date of its entry into force.

A contract of compulsory liability insurance for vehicle owners must be concluded at the time of:

1. crossing the State border of the Republic of Kazakhstan by vehicles in international traffic on the territory of the Republic of Kazakhstan;

2) an individual or legal entity acquires the right to own a vehicle, but no later than ten working days from the date of state registration (re-registration) of this vehicle in the territorial divisions of the authorized body for ensuring road safety.

4. It is permitted to conclude a contract of compulsory liability insurance of vehicle owners for a period other than that provided for in paragraph 3 of this article:

1. during seasonal operation of the vehicle, but not less than six months;

3) in the cases provided for by subparagraph 3) of paragraph 1 of Article 5 of this Law for the period preceding the state registration of the vehicle, but not less than five calendar days;

4) in the case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan for the entire period of temporary entry, but not less than five calendar days.

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

Article 14. Termination of the contract of compulsory liability insurance of vehicle owners

1. The contract of compulsory liability insurance of vehicle owners is considered terminated in the following cases:

1. expiration of the contract;

2. early termination of the contract;

2. The contract of compulsory liability insurance of vehicle owners does not terminate when the insurance payment is made.

When making an insurance payment, the insurer informs the organization for the formation and maintenance of the database about this within one business day.

Article 15. Early termination of the contract of compulsory liability insurance of vehicle owners

1. The contract of compulsory liability insurance of vehicle owners is terminated early in cases established by the Civil Code of the Republic of Kazakhstan.

2. For early termination of a contract of compulsory liability insurance of vehicle owners, the policyholder (in the event of the death of the policyholder, his heir(s)) submits a written application to the insurer.

3. In case of early termination of a compulsory owner liability insurance contract and the conclusion of a new compulsory vehicle owner liability insurance contract with the same insurer, the insurer has the right to withhold part of the insurance premium, calculated according to the following formula:

NSP = SP * n/N, where:

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

SP - the amount of the insurance premium paid under the contract of compulsory liability insurance of vehicle owners (in tenge);

n - the period elapsed from the entry into force of the compulsory liability insurance contract for vehicle owners until its early termination (in days), including the day of application;

N is the term for concluding a contract of compulsory liability insurance for vehicle owners (in days).

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

No. Period elapsed from the date of entry into force of the contract of compulsory liability insurance of vehicle owners until its early termination (as a percentage of the period for which the contract of compulsory liability insurance of vehicle owners was concluded) Amount of insurance premium retained by the insurer (as a percentage of the insurance premium paid under the contract of compulsory liability insurance of vehicle owners) 1 2 3 1 to 4 (not including 4) 15 2 from 4 to 8 (not including 8) 20 3 from 8 to 17 (not including 17) 30 4 from 17 to 25 (not including 25) 40 5 from 25 to 33 (not including 33) 50 6 from 33 to 42 (not including 42) 60 7 from 42 to 50 (not including 50) 70 8 from 50 to 58 (not including 58) 75 9 from 58 to 67 (not including 67) 80 10 from 67 to 75 (not including 75) 85 11 from 75 to 83 (not including 83) 90 12 from 83 to 92 (not including 92) 95 13 from 92 and above 100

Article 16. Rights and obligations of the policyholder (insured)

Footnote: Footnote. The title of Article 16 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).

1. The policyholder (insured) has the right:

1. demand from the insurer an explanation of the conditions of compulsory liability insurance of vehicle owners, their rights and obligations under the contract of compulsory liability insurance of vehicle owners;

2) request from the organization for the formation and maintenance of the database information about the availability in the database of information about the contract of compulsory liability insurance of vehicle owners and the insured event (traffic accident) under it (this right in terms of requesting information on the insured event (traffic accident) also applies to the beneficiary);

3) get acquainted with the results of determining the amount of damage caused by the insurer, and the insurance payment made by the insurer, including through the insurer’s Internet resource;

4) terminate the contract of compulsory liability insurance of vehicle owners early (this right applies only to the policyholder);

5. contact the insurer, taking into account the specifics provided for in Article 29-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory liability insurance agreement for vehicle owners;

6. send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including its branch, representative office, other separate structural unit, Internet resource);

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

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

2. The policyholder is obliged:

1. when concluding a contract of compulsory liability insurance of vehicle owners, provide the insurer with information about yourself, each insured person included in the insurance policy, vehicle(s), double insurance, seasonal operation of the vehicle, temporary entry into the territory of the Republic of Kazakhstan and the right to reduce the amount of the insurance premium and other information necessary to be included in the application, and copies of documents confirming the information specified in the application, in the manner prescribed by this Law;

2. pay insurance premiums in the amount, procedure and terms established by the compulsory liability insurance agreement for vehicle owners;

3. immediately, but no later than five working days, as soon as he became aware of the occurrence of a transport accident, notify the insurer with whom the contract of compulsory liability insurance of vehicle owners was concluded, in writing (either by hand or by exchanging electronic information resources). In cases where the policyholder and the insured are not the same person, the obligation to inform the insurer about the occurrence of an insured event rests with the insured. If the policyholder (insured) for good reasons was not able to perform the specified actions, he must document this;

4. when a traffic accident occurs, inform the victims and employees of the authorized body for ensuring road safety the name of the insurer with whom the compulsory liability insurance agreement for vehicle owners was concluded;

5. when a transport accident occurs, take reasonable and available measures under the circumstances to prevent or reduce possible losses, including measures to save property and provide assistance to injured persons;

6. inform the relevant authorities and organizations based on their competence (divisions of the authorized body for ensuring road safety, state fire service authorities, emergency medical services, emergency services) about the traffic accident and injured persons;

6-1) when a transport accident occurs, immediately, but no later than two hours after receiving a written direction from an authorized official, undergo a medical examination to establish the fact of use of a psychoactive substance and state of intoxication in accordance with the requirements of the legislation of the Republic of Kazakhstan;

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

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

3. The responsibilities of the policyholder specified in subparagraphs 4), 5), 6) and 6-1) of part one of paragraph 2 of this article are assigned to the person directly driving the vehicle at the time of the traffic accident.

Article 17. Rights and obligations of the insurer

1. The insurer has the right:

1. when concluding a contract of compulsory liability insurance of vehicle owners, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the insurer to provide information necessary to be included in such a contract in accordance with this Law;

2. request from the relevant government bodies and organizations, based on their competence, documents confirming the fact of the occurrence of an insured event (a traffic accident) and the amount of harm caused to the victims;

3. establish the causes and other circumstances of the transport accident;

4. present the right of recourse to the person responsible for causing harm in the cases provided for in Article 28 of this Law;

5. refuse to make insurance payments, as well as compensation for damage caused in the manner provided for in Article 26-1 of this Law, in whole or in part on the grounds provided for in Article 29 of this Law.

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

2. The insurer is obliged:

1. familiarize the policyholder (insured) with the terms of compulsory liability insurance for vehicle owners, including the rights and obligations of the parties arising from the compulsory liability insurance agreement for vehicle owners;

2. upon conclusion of a contract of compulsory liability insurance of vehicle owners, issue an insurance policy to the policyholder (insured);

3. excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2);

4. provide benefits for the payment of insurance premiums to the persons specified in part one of paragraph 1 of Article 20 of this Law;

5. upon notification of a traffic accident committed during the period of insurance protection under the compulsory liability insurance contract for vehicle owners, immediately register it and submit information on this traffic accident to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body;

5-1) within a working day from the date of receipt of a written request from the victim or a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim, provide in writing information on the conclusion of a compulsory liability insurance agreement for vehicle owners (last name, first name, patronymic (if indicated in the identification document) of the insured, state registration number of the vehicle, number and date of conclusion) by the insured who is the culprit of the transport accident, if there is a document confirming the insured event;

6. within the time frame and procedure established by this Law, upon an application to determine the amount of damage caused to property, the policyholder (insured) or the victim (beneficiary) or their representatives, calculate the amount of damage caused to property and submit a report on the amount of damage for review by the beneficiary;

6-1) 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;

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

7-1) when applying in writing with a request for compensation for damage caused in the manner prescribed by Article 26-1 of this Law, make compensation for the damage caused in the amount, manner and terms established by this Law;

7-2) upon receipt from the insured (victim, beneficiary) of an application for consideration of a dispute arising from a compulsory liability insurance contract for vehicle owners, consider the requirements of the insured (victim, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

7-3) upon receipt from the policyholder (victim, beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

7-4) upon receipt of the information provided for in paragraph 5 of Article 9 of this Law, take measures to resolve the insured event in the manner established by the regulatory legal act of the authorized body.

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

9. ensure the secrecy of insurance.

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

Article 18. Rights of the victim

1. The victim has the right:

1. inform the insurer about a transport accident, as a result of which the policyholder (the insured) caused harm to him;

2. instead of the policyholder (insured), collect the documents necessary to make the insurance payment and submit them to the insurer;

3-1) use the services of any medical institution;

4. get acquainted with the results of the determination of the amount of damage caused and the insurance payment made by the insurer;

4-1) apply in writing to the insurer of the person guilty of causing harm to the life, health and (or) property of the victim to confirm information about the existence of a compulsory liability insurance contract for vehicle owners (last name, first name, patronymic (if indicated in the identification document) of the insured, state registration number of the vehicle, number and date of conclusion) with this person in the manner prescribed by subparagraph 5-1) of Article 17 of this Law;

4-2) apply in writing to the organization for the formation and maintenance of a database to provide information on the presence or absence of a compulsory liability insurance contract for vehicle owners (last name, first name, patronymic (if indicated in the identification document) of the insured, state registration number of the vehicle, number and date of conclusion) from the person guilty of causing harm to the life, health and (or) property of the victim, if there is a document confirming the insured event;

5. receive insurance payment, as well as compensation for damage caused in the manner prescribed by Article 26-1 of this Law;

5-1) contact the insurer, taking into account the specifics provided for in Article 29-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory liability insurance agreement for vehicle owners;

6. send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including its Internet resource, or through the insurer, its branch, representative office);

7. submit a claim for compensation for damage caused to the owner of the vehicle in the amount of excess of the amount of damage caused over the amount of the insurance payment received.

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

Article 18-1. Rules for accreditation of an independent expert

Footnote: Footnote. Article 18-1 is excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

Chapter 4. Insurance premiums

Article 19. Amount of insurance premium

1. To calculate the annual insurance premium payable upon concluding a contract of compulsory liability insurance of vehicle owners, the basic insurance premium is used, to which, depending on the place of registration of the vehicle, the type of vehicle, the age and driving experience of the insured (insured), the service life of the vehicle and the presence or absence of insured events due to the fault of persons whose civil liability is insured (the “bonus-malus” system), the coefficients established by paragraphs 3-10 are applied of this article.

Reducing or increasing the amount of the insurance premium on other grounds not provided for by this Law is not permitted.

2. The basic insurance premium is set at 1.9 monthly calculation index.

3. The coefficients for the territory of registration of the vehicle are established in the following amounts:

No. Name of region, city of republican significance, capital Coefficient size for the territory of vehicle registration (for the capital, cities of republican and regional significance) 1 2 3 1. Almaty region 1.78 2. Turkestan region 1.01 3. East Kazakhstan region 1.96 4. Kostanay region 1.95 5. Karaganda region 1.39 6. North Kazakhstan region 1.33 7. Akmola region 1.32 8. Pavlodar region 1.63 9. Zhambyl region 1.00 10. Aktobe region 1.35 11. West Kazakhstan region 1.17 12. Kyzylorda region 1.09 13. Atyrau region region 2.69 14. Mangystau region 1.15 15. Abay region 1.96 16. Ulytau region 1.39 17. Zhetisu region 1.78 18. Almaty 2.96 19. Astana 2.2 20. Shymkent 1.01

3-1. Correction factors are additionally applied to the coefficients for the territory of registration of the vehicle specified in paragraph 3 of this article for calculating the insurance premium.

The calculation of correction coefficients is carried out by the organization for the formation and maintenance of the database, taking into account the indicators of unprofitability in the territory of registration of the vehicle, targeted unprofitability and the reliability factor in the manner determined by the regulatory legal act of the authorized body.

Targeted loss ratio, reliability factor and correction factors are approved by the authorized body and published on the Internet resource of the authorized body within the time limits established by the regulatory legal act of the authorized body.

The target loss ratio should be in the range from sixty to eighty percent.

The insurer has the right to increase or decrease correction factors by no more than ten percent of the values ​​calculated in accordance with part two of this paragraph, in the manner determined by the regulatory legal act of the authorized body.

4. For other cities and towns in the regions specified in paragraph 3 of this article, an adjustment factor of 0.8 is additionally used to calculate the annual insurance premium.

5. In the case of temporary entry of a vehicle into the territory of the Republic of Kazakhstan, a coefficient for the territory of registration in the amount of 4.4 is applied.

In the cases provided for in subparagraph 3) of paragraph 1 of Article 5 of this Law, the coefficients for the territory of registration of the vehicle do not apply.

6. Coefficients by type of vehicle are set as follows:

No. Type of vehicle Classification in accordance with the regulatory legal act of the Ministry of Internal Affairs of the Republic of Kazakhstan Size of the coefficient by type of vehicle 1 2 3 4 1. Passenger cars "B" - cars whose total weight does not exceed 3500 kg and the number of seats, in addition to the driver's seat, does not exceed 8 2.09 2. Buses with up to 16 passenger seats inclusive "D" - cars intended for transporting passengers and having more 8 seats, in addition to the driver's seat 3.26 3. Buses with more than 16 passenger seats "D" - vehicles designed to transport passengers and having more than 8 seats, in addition to the driver's seat 3.45 4. Trucks "C" - trucks with a gross weight exceeding 3500 kg 3.98 5. Trolleybuses, trams Trolleybuses, trams 2.33 6. Motor vehicles "A" - motorcycles, scooters and other motor vehicles 1.00 7. Trailers (semi-trailers) "E" - combinations of vehicles with tractors belonging to vehicle categories "B", "C" or "D" 1.00

7. Coefficients depending on age and driving experience are established for individuals in the following amounts:

No. Age and driving experience The size of the coefficient depending on age and driving experience 1 2 3 1. Less than 25 years/less than 2 years of driving experience 1.10 2. Less than 25 years/more than 2 years of driving experience 1.05 3. 25 years and older/less than 2 years of driving experience 1.05 4. 25 years and older/more than 2 years of driving experience 1.00

8. For legal entities, the coefficient provided for in paragraph 7 of this article is set at 1.2.

9. Coefficients depending on the service life of the vehicle are set as follows:

No. Life of the vehicle Coefficient size depending on the life of the vehicle 1 2 3 1. Up to 7 years inclusive 1.00 2. Over 7 years 1.10

10. The procedure for calculating and applying the coefficient for the bonus-malus system is determined by the regulatory legal act of the authorized body.

14. When concluding a contract of compulsory liability insurance of vehicle owners for a period of less than twelve months, with the exception of cases of temporary entry into the territory of the Republic of Kazakhstan, the amount of insurance premiums per unit of vehicle is calculated according to the following formula:

SP = GSP * n/N, where:

SP - the amount of the insurance premium under the contract of compulsory liability insurance of vehicle owners, concluded for a period of less than twelve months (in tenge);

GSP - the amount of the annual insurance premium (in tenge);

n is the term for concluding a contract of compulsory liability insurance for vehicle owners (in days);

N - 365 days (in a leap year 366 days).

In case of temporary entry into the territory of the Republic of Kazakhstan, the amount of insurance premium per vehicle unit is calculated using the following formula:

SP = GSP*K, where:

SP - the amount of the insurance premium under a compulsory liability insurance agreement for vehicle owners, concluded for a period of less than twelve months (in tenge), in the case of temporary entry into the territory of the Republic of Kazakhstan;

K – correction factor depending on the length of stay on the territory of the Republic of Kazakhstan, specified in paragraph 14-1 of this article.

14-1. When concluding a contract of compulsory liability insurance of vehicle owners for the period of temporary entry into the territory of the Republic of Kazakhstan, the following coefficients are established:

No. Insurance period for compulsory civil liability insurance of owners of vehicles registered in foreign states and temporarily used in the territory of the Republic of Kazakhstan Coefficient 1 up to 15 days (inclusive) 0.2 2 from 16 days to 1 month 0.3 3 2 months 0.4 4 3 months 0.5 5 4 months 0.6 6 5 months 0.65 7 6 months 0.7 8 7 months 0.8 9 8 months 0.9 10 9 months 0.95 11 10 months or more 1

15. Under a complex agreement, the insurance premium is paid for one unit of vehicle, and the amount of the insurance premium is determined equal to the largest amount of the insurance premiums established for the vehicles specified in the insurance policy.

16. Under a standard contract, the insurance premium is calculated for each insured person and is payable by the policyholder in an amount equal to the largest amount of the insurance premiums calculated for each insured person.

Article 20. Reduction of insurance premiums

Owners of vehicles - participants in the Great Patriotic War and persons equal in benefits to participants in the Great Patriotic War, veterans of military operations on the territory of other states, persons with disabilities of the first and second groups, pensioners, when concluding a standard contract, pay insurance premiums in the amount of fifty percent of the payable insurance premium, calculated in accordance with Article 19 of this Law.

If the vehicle is also operated by other owners who do not belong to the category of persons specified in part one of this paragraph, then compulsory liability insurance of vehicle owners is carried out without providing such a benefit.

Article 20-1. Additional services provided by the insurer

The insurer has the right, with the consent of the insured, to provide additional paid services related to the provision of assistance in the event of a transport accident, including the provision of a vehicle to the policyholder (the insured) while the damaged vehicle is being repaired, the provision of services for collecting documents necessary for making an insurance payment, and a representative of the insurer (accident commissioner) visiting the scene of the transport accident to provide assistance to the insured.

Article 21. Procedure for payment of insurance premiums

1. Unless otherwise provided for in the contract of compulsory liability insurance of vehicle owners, the insurance premium is paid by the policyholder in a one-time payment.

2. The insurer has the right to provide in the contract of compulsory liability insurance of vehicle owners for the payment of the insurance premium in installments. In this case, the insurer is liable to the policyholder for the entire duration of the compulsory liability insurance contract for vehicle owners. Failure of the policyholder to pay the next insurance premium cannot be the basis for the insurer to early terminate the contract of compulsory liability insurance of vehicle owners.

2-1. The insurer provides the opportunity to pay the insurance premium non-cash through the insurer's Internet resource.

3. In case of untimely payment of the next insurance premium, the policyholder is obliged to pay a penalty to the insurer in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

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

Article 22. Determination of the insured event and the amount of damage caused

1. An insured event is recognized as the fact of the occurrence of civil liability of the insured for compensation for damage caused to the life, health and (or) property of persons recognized as victims as a result of the insured’s operation of the vehicle specified in the contract of compulsory liability insurance of vehicle owners.

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

3. Determination of the amount of damage caused to property is carried out using licensed specialized software by the insurer or an appraiser engaged by it on the basis of a service agreement.

Requirements for specialized software and the procedure for determining the amount of damage caused to property are established by a regulatory legal act of the authorized body.

The insurer and the policyholder (the insured, the beneficiary) agree on the date, time and place of the inspection of the damaged property within three working days from the date of filing the application to determine the amount of damage caused. In this case, the inspection of the damaged property must be carried out within five working days from the date of filing the specified application.

If the inspection of the damaged property was not carried out due to the fault of the policyholder (insured, beneficiary) or due to circumstances beyond the control of the parties, the policyholder (insured, beneficiary) re-applies to the insurer with an application to determine the amount of damage caused.

The determination of the amount of damage caused to property is carried out by the insurer no later than five working days from the date of inspection and drawing up an inspection report of the damaged property.

3-1. If the insurer does not determine the amount of damage caused within the period established by part five of paragraph 3 of this article, then the policyholder (insured) or the victim (beneficiary) or their representatives can use the services of an appraiser and begin restoration (disposal) of the property. Costs for appraiser services incurred by the policyholder (insured) or the victim (beneficiary) or their representatives are subject to reimbursement by the insurer, regardless of the insurance payment.

Determination of the amount of damage caused to the vehicle is carried out by the appraiser in accordance with the regulatory legal act of the authorized body specified in part two of paragraph 3 of this article.

The result of determining the amount of damage caused to the vehicle, made by the appraiser, in the case provided for in part one of this paragraph, is accepted by the insurer to make an insurance payment to the victim (beneficiary) or his representative.

4. The insurer makes an insurance payment in the amount of damage determined in accordance with this article.

5. The insurer has no right to withhold from the insurance payment due to the beneficiary its own expenses associated with determining the amount of damage.

6. Intentional creation of an insured event, as well as other fraudulent actions aimed at illegally receiving insurance payments, entail liability established by the laws of the Republic of Kazakhstan.

Article 22-1. Actions of persons upon the occurrence of a transport accident in the absence of victims who suffered harm to life or health

In the absence of victims who suffered harm to life or health during the commission of a transport accident, its participants, if possible, must notify insurers about the transport accident that occurred.

Insurers have the right to send their representatives to the scene of a transport accident.

Participants in a transport accident, by mutual agreement in assessing the circumstances of the incident and the amount of damage caused to property, the estimated amount of which should not exceed fifty monthly calculation indices, have the right to independently draw up a diagram of the incident and, having signed it, arrive at the nearest post or department of the internal affairs bodies to formalize it.

The procedure for drawing up and standard forms of a traffic accident diagram are established by a regulatory legal act of the Ministry of Internal Affairs of the Republic of Kazakhstan in agreement with the authorized body.

Article 22-2. Simplified procedure for settling an insured event

1. In the absence of victims who suffered harm to life and (or) health during a transport accident, its participants have the right to carry out a simplified registration of the transport accident by drawing up a declaration on the simplified procedure for settling an insured event (hereinafter referred to as the declaration) on the terms agreed upon by them, subject to the following requirements at the same time:

1. a transport accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers (semi-trailers) to them), the civil liability of the owners of which at the time of the occurrence of this transport accident was insured in accordance with this Law;

2) as a result of a transport accident, damage was caused only to the vehicles specified in subparagraph 1) of this paragraph;

3) the circumstances of causing harm as a result of a transport accident, the nature and list of visible damage to vehicles, the fault of one of the participants in the transport accident do not cause disagreement among the participants in the transport accident and are recorded in the declaration;

4) participants in a transport accident agree to the amount of insurance payment within the amount of the insurance amount for each individual insured event, established by the regulatory legal act of the authorized body;

5) registration of documents and information about a transport accident is carried out by participants in a transport accident by drawing up a declaration using the information system of the insurance company and the information system of the organization for the formation and maintenance of a database in the manner determined by the regulatory legal act of the authorized body.

2. Participants in a transport accident must not leave the scene of the transport accident until they receive notification from the organization for the formation and maintenance of the database that the insurer has accepted the declaration.

If the photographic materials attached to the declaration by the participants of the transport accident do not allow us to determine the make, model, identification number, state registration number plate of the vehicle involved in the transport accident, as well as the circumstances of the harm, the nature and list of visible damage to the vehicles as a result of the transport accident, the insurer has the right to request that the participants in the transport accident re-send photographic materials using the information system of the insurance company and the information system of the organization for the formation and maintenance of a database or other available way.

The circumstances specified in part two of this paragraph are not grounds for refusal to accept the declaration by the insurer.

3. If one of the participants in a transport accident does not agree with the registration of a simplified procedure for settling an insured event, insurance payment is made in accordance with Article 25 of this Law.

4. The procedure and conditions for the simplified procedure for settling an insured event, the form of the declaration and the requirements for documents attached to it are determined by the regulatory legal act of the authorized body.

5. A simplified procedure for settling an insured event can be carried out through direct settlement in the manner prescribed by Article 26-1 of this Law, in the absence of disagreements between the participants in the transport accident regarding the insured event, about which a corresponding note is made in the declaration.

6. The insurer has the right to inspect the vehicles of participants in a transport accident to establish the fact and circumstances of the insured event and calculate the amount of damage.

Participants in a transport accident, at the request of the insurer, are obliged to provide vehicles for inspection and keep the damaged property in the same condition as it was after the transport accident until the insurance payment is made or the insurer sends a reasoned refusal.

The procedure, conditions, and timing of inspection by the insurer of vehicles under the simplified procedure for settling an insured event are determined by the regulatory legal act of the authorized body.

7. Insurance payment under the simplified procedure for settling an insured event is carried out by the insurer in the manner and within the time limits determined by the regulatory legal act of the authorized body.

After making an insurance payment in accordance with this article, the insurer’s obligation to make an insurance payment is considered to be duly fulfilled, and the beneficiary does not have the right to make additional claims to the insurer for damages in excess of the maximum amount of the insured amount for each individual insured event under a simplified procedure for settling the insured event.

8. The insurer has the right to refuse to make insurance payment in cases established by this Law and (or) other laws of the Republic of Kazakhstan.

9. An insurer that has made an insurance payment in accordance with the simplified procedure for settling an insured event has the right to claim back against the policyholder (insured) within the limits of the amount paid in accordance with Article 28 of this Law.

10. In case of disagreement with the procedure and consequences of the simplified procedure for resolving an insured event, the policyholder (victim, beneficiary) has the right to resolve the dispute in accordance with Article 29-1 of this Law.

Article 23. Special conditions for determining the amount of damage caused (excluded by the Law of the Republic of Kazakhstan dated May 7, 2007 No. 244)

Article 24. Limits of liability of the insurer

Footnote: Footnote. The title of Article 24 is as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

1. The maximum amount of liability of the insurer for one insured event (sum insured) is (in monthly calculation indices):

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

death – 2000;

determination of disability:

first group – 1600;

second group – 1200;

third group – 500;

child with disabilities – 1,000;

mutilation, injury or other damage to health without establishing disability - in the amount of actual expenses for outpatient and (or) inpatient treatment, but not more than 300;

2. for damage caused to the property of one victim - in the amount of damage caused, but not more than 600;

3. for damage caused simultaneously to the property of two or more victims - in the amount of damage caused, but not more than 600 to each victim. In this case, the total amount of insurance payments to all victims cannot exceed 2000. If the amount of damage exceeds the maximum amount of liability of the insurer, insurance payment to each victim is made in proportion to the degree of damage caused to his property.

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

3. To calculate the amount of insurance payment, the monthly calculation indicator established in accordance with the legislative act of the Republic of Kazakhstan on the day of making the insurance payment is used.

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

Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and compensation for expenses should not exceed the maximum amount of liability established by the compulsory liability insurance agreement for vehicle 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 maximum amount of liability.

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

5. If the maximum amount of liability is insufficient to fully compensate for the damage caused, the policyholder shall compensate the victim for the difference between the insured amount and the actual amount of damage.

6. In the event of the death of the victim, the person who carried out the burial of the victim shall be reimbursed by the insurer for burial expenses in the amount of one hundred monthly calculation indices.

Article 25. General conditions for making insurance payments

1. A claim for insurance payment to the insurer is made by the policyholder (the insured) or another person who is the beneficiary, including through the insurer’s Internet resource in accordance with the regulatory legal act of the authorized body, indicating the place of residence, contact telephone numbers of the beneficiary, bank details (if necessary), the procedure for receiving insurance payment - in cash or by transfer to a bank account with the attachment of documents necessary for the implementation 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 document confirming the fact of the occurrence of an insured event and the amount of harm caused to the victim;

3. a copy of a certificate from health care organizations about the period of temporary disability of the victim in the event of a fact of harm to the life or health of the victim or a certificate from specialized institutions establishing the disability of the victim - if it is established;

4. a copy of the certificate or notification of the death of the victim;

4-1) a document confirming the beneficiary’s right to compensation for damage (copy);

4-2) an application to determine the amount of harm in the case provided for in paragraph 3 of Article 22 of this Law;

5. excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016);

6. a copy of the beneficiary’s identity card (for an individual) or the original power of attorney issued to a representative of a legal entity;

7. documents confirming expenses incurred by the policyholder (insured) in order to prevent or reduce losses upon the occurrence of an insured event, if any;

8. excluded by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

Request by the insurer from the policyholder (insured) or the victim of additional documents and (or) documents available through information systems and services is not allowed.

3. The insurer that has accepted the documents is obliged to draw up a certificate in two copies indicating the full list of documents submitted by the applicant and the date of their acceptance.

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

When the applicant personally contacts the insurer, one copy of the certificate is issued to the applicant, the second copy with the applicant’s mark on its receipt remains with the insurer.

4. The beneficiary is the victim (in the event of his death, a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim), as well as the policyholder (insured) or another person who compensated the victim (the person entitled to compensation for harm) for the damage caused within the scope of the insurer’s liability established by this Law, and who received the right to insurance payment.

When damage to property is caused, the owner of the property is recognized as the victim, and in the event of his death, the persons entitled to compensation for damage are recognized.

5. At the request of the victim, executed in writing, or a notarized power of attorney, insurance payment may be made directly to the person who provided (is providing) him with services to restore his health and (or) property.

6. Insurance payment for harm caused to the life and health of the victim is made regardless of the amounts due to him (the persons entitled to compensation for harm) under other insurance contracts.

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

8. The insurer has the right to property or its remains if it makes an insurance payment in the amount of the market value of this property on the day of the insured event.

9. The insurer has the right to make an insurance payment on the basis of a protocol on violation of traffic rules with a diagram of the incident, issued by the internal affairs bodies, in the absence of the fact of causing harm to the life and health of the victim.

Article 26. Procedure for making insurance payments

1. Insurance payment is made by the insurer within fifteen working days from the date of receipt of the documents provided for in Article 25 of this Law.

2-1. In the event of damage to the property of several victims, the insurer is obliged to begin insurance payment within seven working days from the date of receipt of documents from all victims, but no later than 15 calendar days from the date of receipt of documents from the victim who was the first to submit documents to the insurer, regardless of the submission of documents by other insured persons.

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

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 Article 353 of the Civil Code of the Republic of Kazakhstan.

Article 26-1. Direct settlement

1. In case of a transport accident, the victim or a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim, in order to receive compensation for the harm caused, has the right to contact the insurer who insured the liability of the victim under a compulsory liability insurance agreement for vehicle owners, provided that the person through whose fault the transport accident occurred has a compulsory liability insurance agreement for vehicle owners.

2. Compensation for damage caused is made by the insurer within seven working days from the date of receipt of the documents provided for in subparagraphs 1), 2), 3), 4), 4-1), 4-2) and 6) of paragraph 2 of Article 25 of this Law.

Compensation for harm caused to the life, health and (or) property of the victim, carried out by the insurer as part of a direct settlement, does not constitute for him the fulfillment of obligations under the contract of compulsory insurance of civil liability of vehicle owners and insurance payment concluded with the victim.

3. The insurance company of the person through whose fault the insured event occurred shall reimburse the amount actually paid to the insurer who settled the insured event.

4. The procedure and conditions for direct settlement are established by this Law and the regulatory legal acts of the authorized body.

Article 27. Insurance payment in case of damage caused by several persons

If a person is harmed by several vehicles, the owners of which have contracts of compulsory liability insurance for vehicle owners, the beneficiary has the right to receive an insurance payment separately for each of them. Each insurer makes an insurance payment within the scope of liability established by this Law and in proportion to the amount of liability of the insured. In this case, the total amount of insurance payment made by all insurers should not exceed the amount of actual harm caused to the victim and the maximum amount of liability provided for each insurer.

Article 28. The right to reclaim the person who caused the harm

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

1. the civil liability of the policyholder (insured) arose as a result of his intentional actions aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;

2. the civil liability of the policyholder (insured) arose as a result of his driving a vehicle in a state of alcoholic, narcotic or toxic intoxication;

3. the person driving the vehicle at the time of the traffic accident did not have the right to drive it;

4. during the trial it was established that the insured event occurred as a result of technical malfunctions of the vehicle, which the policyholder (insured) knew or should have known about;

5. the vehicle is used for purposes not typical of its technical purpose;

6. the policyholder (insured) deliberately did not take measures to reduce losses from the insured event;

7. the person driving the vehicle left the scene of a transport accident in which he was a participant, except if this fact was related to the provision of medical assistance to the victim;

8. a person driving a vehicle and sent for examination to establish the fact of use of a psychoactive substance and state of intoxication, without good reason, did not undergo such examination.

2. If, in the cases listed in paragraph 1 of this article, the culprit of the damage caused is the person specified in subparagraphs 1) and 2) of paragraph 5 of Article 11 of this Law, the insurer has the right to claim back against the policyholder (insured).

3. The insurer who has made the insurance payment shall receive, within the limits of the amount paid by him, the right of recourse that the policyholder (the insured) has against the person responsible for the losses compensated by the insurer as a result of the insurance. Moreover, if it is established that the insured event occurred due to road conditions caused by unsatisfactory maintenance of highways and structures on them, the insurer who made the insurance payment transfers the right of claim that the owner of the vehicle has against the person guilty of creating such conditions.

Article 29. Grounds for exemption of the insurer from making insurance payments

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

1. 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:

1. receipt by the beneficiary of appropriate compensation for losses from the person responsible for causing the loss;

2. excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2);

3. use of the vehicle by the policyholder (insured) in competitions, tests or when learning to drive in places specially designated for this purpose;

4. causing harm when loading or unloading a vehicle;

5. causing damage to the property of the victim in the form of money, securities, gold, silver items, jewelry, jewelry, works of art or other valuables;

6. violation by the victim of the requirements of part three of paragraph 3 of Article 22, part two of paragraph 6 of Article 22-2 of this Law.

7) non-compliance of documents and information on the simplified procedure for settling an insured event with the requirements established by this Law and the regulatory legal act of the authorized body.

3. If there are grounds for refusal to make an insurance payment, the insurer is obliged, within seven working days from the date of receipt of the application and all documents provided for in paragraph 2 of Article 25 of this Law, to send to the applicant the 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.

4. Excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (the order of enforcement see Art. 2).

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

1. exposure to a nuclear explosion, radiation or radioactive contamination;

2. military actions;

3. civil war, civil unrest of all kinds, mass riots or strikes.

5-1. Insurance payment is not made for a damaged vehicle specified in the insurance policy.

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

Article 29-1. Peculiarities of dispute resolution regarding compulsory civil liability insurance of vehicle owners

1. If there is a dispute arising from a contract of compulsory liability insurance of vehicle owners, the policyholder (victim, beneficiary) has the right in writing:

send to the insurer (including through a branch, representative office, other separate structural unit, the insurer’s Internet resource) an 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 compulsory liability insurance agreement for vehicle owners, taking into account the specifics provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

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

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

Chapter 6. Final provisions

Article 30. Procedure for consideration of disputes

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

Article 30-1. Insurance Ombudsman, his status and election

Footnote: Footnote. The Law is supplemented by Article 30-1 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by 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).

Article 30-2. Requirements for an insurance ombudsman

Footnote: Footnote. The law is supplemented by Article 30-2 in accordance with the Law of the Republic of Kazakhstan dated May 7, 2007 No. 244; excluded by 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).

Article 30-3. The procedure for making decisions by the insurance ombudsman

Footnote: Footnote. The Law is supplemented by Article 30-3 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by 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).

Article 30-4. Activities of the insurance ombudsman

Footnote: Footnote. The Law is supplemented by Article 30-4 in accordance with the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244; excluded by 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).

Article 31. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory liability insurance of vehicle owners

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory liability insurance of vehicle owners bear liability under the laws of the Republic of Kazakhstan.

Article 32. International systems of compulsory insurance of civil liability of vehicle owners

In order to ensure compensation for damage to third parties caused by owners of vehicles involved in cross-border movement, as well as to simplify the regime of movement of vehicle owners across state borders, the participation of the Republic of Kazakhstan in international systems of compulsory civil liability insurance of vehicle owners is allowed in the manner prescribed by the legislation of the Republic of Kazakhstan.

President of the Republic of Kazakhstan