Rules for election and activity of the insurance ombudsman
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 | № 60 |
| Act type | Regulator's resolution |
| Authority | ARDFM (financial-market regulator) |
| Adoption date | 12.09.2022 |
| Last amended | 27.01.2026 |
| Status | In force |
| Әділет identifier | V2200029623 |
Scope and relevance
The ARDFM resolution elaborates the institution of the insurance ombudsman (Chapter 15 of Law No. 126-II): the procedure for election and out-of-court resolution of disagreements between insurance-market participants, and settlements on disputes over insurance payments.
Official source
Official source: Adilet / https://adilet.zan.kz/rus/docs/V2200029623 The relevance of the editorial office has been verified: 2026-06-20.
In accordance with paragraph 3-1 of Article 86 of the Law of the Republic of Kazakhstan “On Insurance Activities”, the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market DECIDES:
- Approve the attached Rules for the election and implementation of the activities of the insurance ombudsman.
2. The Department of the Insurance Market and Actuarial Calculations, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:
- jointly with the Legal Department, state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market after its official publication;
3) within ten working days after the state registration of this resolution, submission to the Legal Department of information on the implementation of the event provided for in subparagraph 2) of this paragraph.
3. Control over the implementation of this resolution shall be assigned to the supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market.
4. This resolution comes into force ten calendar days after the day of its first official publication.
Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market M. Abylkasymova
Approved by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated September 12, 2022 No. 60
Rules for the election and implementation of activities of an insurance ombudsman
Chapter 1. General provisions
- These Rules for the election and implementation of the activities of an insurance ombudsman (hereinafter referred to as the Rules) were developed in accordance with paragraph 3-1 of Article 86 of the Law of the Republic of Kazakhstan “On Insurance Activities” (hereinafter referred to as the Law) and determine the procedure for electing an insurance ombudsman by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body), as well as the procedure for carrying out the activities of the insurance ombudsman.
Chapter 2. Procedure for electing an insurance ombudsman upon expiration of powers
2. The insurance ombudsman is elected by the authorized body for three years from among the candidates recommended by the council of representatives of the insurance ombudsman (hereinafter referred to as the Council of Representatives) for election to the position of insurance ombudsman.
3. The Council of Representatives, no later than 1 (one) calendar month before the date of expiration of the powers of the insurance ombudsman, provides the authorized body with an approved list of candidates for the position of insurance ombudsman of at least three people.
The approved list of candidates for the position of insurance ombudsman is accompanied by copies of documents confirming their compliance with the requirements established by paragraph 1 of Article 88 of the Law, information about the candidate for the position of insurance ombudsman in the form in accordance with Appendix 1 to the Rules and a business plan for the next three years containing the main goals, priorities and directions for the development of the activities of the insurance ombudsman and the financial plan of the office of the insurance ombudsman.
The Council of Representatives determines the size of the insurance ombudsman's wage fund before submitting to the authorized body an approved list of candidates for the position of insurance ombudsman.
4. The decision to elect an insurance ombudsman is made by the authorized body within 15 (fifteen) calendar days from the date of receipt of the information and documents specified in paragraph 3 of the Rules.
5. To make a decision on electing a candidate for the position of insurance ombudsman, a commission (hereinafter referred to as the Commission) is created in the authorized body, the composition of which is approved by order of the deputy first head of the authorized body. The Commission includes representatives of the division of the insurance market and actuarial calculations (hereinafter referred to as the responsible division), the division of protecting the rights of consumers of financial services and the legal division of the authorized body. The commission is headed by the chairman - deputy first head of the authorized body.
The Commission's decision on the issue of election (early termination of powers) of the insurance ombudsman is made by a simple majority of votes. In case of equality of votes, the vote of the Chairman of the Commission or the person replacing him is decisive.
6. At the meeting of the Commission, the responsible unit prepares a conclusion on the compliance of candidates for the position of insurance ombudsman with the requirements of paragraph 1 of Article 88 of the Law.
7. Candidates for the position of insurance ombudsman recommended by the Council of Representatives for election are invited to a meeting of the Commission for an interview.
The responsible department 5 (five) working days before the Commission meeting notifies the candidate in writing of the date and place of the interview.
8. When deciding to elect a candidate for the position of insurance ombudsman, the Commission takes into account the following:
- the candidate has a business plan for developing the activities of the insurance ombudsman;
2) experience and length of service in the insurance field;
3) application by the authorized body of sanctions and supervisory response measures to a financial organization during the period of activity of a candidate for the position of a managerial employee of this financial organization on issues within the scope of its competence;
4) having an impeccable business reputation;
5) absence of a conflict of interest when carrying out activities as an insurance ombudsman.
9. The Commission’s decision to elect an insurance ombudsman is documented in a protocol on the Commission’s consideration of a candidate for the position of insurance ombudsman in the form in accordance with Appendix 2 to the Rules.
10. The responsible department, within 2 (two) working days after the Commission makes a decision on the issue of electing a candidate for the position of insurance ombudsman, sends information about the decision made to the Council of Representatives and the candidate elected as the insurance ombudsman by means of communication that ensure recording of the submission.
11. Information about the election of an insurance ombudsman is posted on the Internet resource of the authorized body within 2 (two) working days after his election, indicating the date of his taking office.
Chapter 3. Procedure for electing an insurance ombudsman in case of early termination of activities
12. The powers of the insurance ombudsman are terminated early:
- at the request of the Council of Representatives by decision of the Commission;
2) on the initiative of the authorized body by decision of the Commission;
3) at the initiative of the insurance ombudsman on the basis of his written notification.
13. Early termination of the powers of the insurance ombudsman at the request of the Council of Representatives is carried out by the authorized body in accordance with paragraph 6 of Article 86 of the Law.
When sending a petition to the authorized body for early termination of the powers of the insurance ombudsman, the Council of Representatives submits:
- justification of the reasons for sending a request for early termination of the powers of the insurance ombudsman;
2) an approved list of candidates for the position of insurance ombudsman in the number of at least three with the presentation of information and documents specified in paragraph 3 of the Rules.
14. Early termination of the powers of the insurance ombudsman at the initiative of the authorized body and (or) in the event of receipt of a petition from the Council of Representatives of the insurance ombudsman, provided for in paragraph 13 of the Rules, is carried out by the authorized body in the following cases:
- systematic (three or more times during the last twelve months) violation by the insurance ombudsman of the requirements of the legislation of the Republic of Kazakhstan on insurance and insurance activities and (or) internal rules of the insurance ombudsman;
2) non-compliance of the insurance ombudsman with the requirements provided for in paragraphs 1 and 2 of Article 88 of the Law during the period of activity of the insurance ombudsman.
15. If the decision on early termination of powers is made on the initiative of the authorized body, the authorized body requests from the Council of Representatives an approved list of candidates for the position of insurance ombudsman in the amount of at least three, accompanied by the information and documents specified in paragraph 3 of the Rules.
16. The responsible department, within 7 (seven) calendar days from the date of receipt from the Council of Representatives of the information and documents specified in paragraphs 13 and 15 of the Rules, prepares conclusions on the issue of early termination of the powers of the insurance ombudsman, on candidates for the position of insurance ombudsman and are sent for consideration by the Commission.
The Commission's decision on early termination of the powers of the insurance ombudsman is documented in a protocol on the Commission's consideration of the issue of early termination of the powers of the insurance ombudsman in the form in accordance with Appendix 3 to the Rules, indicating the date of early termination of the powers of the insurance ombudsman.
The election of a candidate for the position of insurance ombudsman in the event of early termination of the activities of the insurance ombudsman is carried out in the manner prescribed by paragraphs 5-9 of the Rules.
The Commission's decision to elect an insurance ombudsman is documented in a protocol on the Commission's consideration of a candidate for the position of an insurance ombudsman in the form in accordance with Appendix 2 to the Rules, indicating the date of assumption of office by the elected insurance ombudsman.
Advertisement ombudsman and the date of entry into office of the candidate elected as the insurance ombudsman.
Information on the early termination of the activities of the insurance ombudsman and on the election of a candidate for the position of an insurance ombudsman is posted on the Internet resource of the authorized body within 2 (two) working days after the decision is made by the Commission, indicating the date of termination of the powers of the insurance ombudsman and the assumption of office of the elected candidate for the position of an insurance ombudsman.
18. In case of early termination of the powers of the insurance ombudsman on his initiative in accordance with paragraph 8 of Article 86 of the Law, the Council of Representatives, within 10 (ten) calendar days from the date of receipt of notification from the insurance ombudsman, provides to the authorized body an approved list of candidates for the position of insurance ombudsman in the number of at least three, with the submission of information and documents specified in paragraph 3 of the Rules.
19. In the case provided for in paragraph 18 of the Rules, the decision to elect a new insurance ombudsman is made by the authorized body within 7 (seven) calendar days from the date of receipt of information and documents from the Council of Representatives in the manner prescribed by paragraphs 5-9 of the Rules.
20. In the case provided for in subparagraph 3) of paragraph 12 of the Rules, the responsible unit, within 2 (two) working days after the Commission makes a decision on the issue of electing a candidate for the position of insurance ombudsman, sends information about the decision made to the Council of Representatives and the candidate elected as the insurance ombudsman.
Information on the early termination of the powers of the insurance ombudsman on his initiative and on the election of a candidate to the position of insurance ombudsman is posted on the Internet resource of the authorized body within 2 (two) working days after his election, indicating the date of his taking office.
Chapter 4. Procedure for carrying out the activities of the insurance ombudsman
21. The insurance ombudsman resolves disagreements provided for in paragraph 1 of Article 86 of the Law.
22. The insurance ombudsman provides the opportunity to submit an application for the settlement of disagreements (hereinafter referred to as the Application) with supporting documents attached to it from policyholders (insured, beneficiaries), in writing, including through the Internet resource of the insurance ombudsman or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource.
22-1. When considering an application, the insurance ombudsman is not limited to the arguments, evidence and other case materials presented by the applicants, but considers the application comprehensively, completely and objectively. If the subject of a dispute is the amount of insurance payment, the insurance ombudsman makes calculations, including through software systems.
23. Based on the results of consideration of the Application, the insurance ombudsman makes one of the following decisions:
- about full or partial satisfaction of the Application;
2) about the refusal to satisfy the Application with the justification for making such a decision;
3) on termination of consideration of the Application, indicating the grounds.
23-1. In addition to the cases specified in paragraph 23 of the Rules, it is possible to resolve the dispute by:
- reconciliation of the parties on the basis of mutual concessions at any stage of its consideration;
2) receiving recommendations or clarification on the resolution of the dispute in accordance with the internal rules of the insurance ombudsman.
24. The Insurance Ombudsman, after receiving from the applicant (policyholder, insured, beneficiary, insurance organization) the Application and the documents attached to it, within 3 (three) working days, notifies the parties about the acceptance of the Application for consideration or refusal to accept it on the grounds provided for in paragraph 27 of the Rules.
In case of receiving information from the authorized body about the existence of a dispute between the policyholder (insured, beneficiary) and the insurance organization, the insurance ombudsman, within 3 (three) working days, informs the policyholder (insured, beneficiary) of his right to submit to the insurance ombudsman an application and the documents attached to it to resolve disagreements free of charge.
25. Applications received for consideration by the insurance ombudsman before 18.00 Astana time are subject to registration in the incoming correspondence journal of the insurance ombudsman on the day of their receipt. Applications received after 18.00 Astana time are registered in the insurance ombudsman's incoming correspondence journal on the next business day.
26. The period for consideration of the Application does not exceed 2 (two) months from the date the insurance ombudsman accepted the Application for consideration.
If it is necessary to obtain additional information and (or) supporting documents on the dispute under consideration from government bodies, other organizations, regardless of their jurisdiction, foreign government bodies and organizations, the period for consideration of the Application is suspended for the period necessary for the specified persons to provide a response, but not more than 2 (two) months from the date of sending the application.
27. The application is not considered by the insurance ombudsman in the following cases:
- non-compliance of the subject of the dispute with the requirements of paragraph 1 of Article 86 of the Law;
2) the parties enter into a settlement agreement, an agreement to resolve a dispute (conflict) through mediation, an agreement to resolve a dispute through a participatory procedure;
3) sending the Application to the insurance ombudsman again without indicating new circumstances regarding existing disagreements;
4) anonymous application of the applicant;
5) failure to state the essence of the issue in the Application.
28. Consideration of the application by the insurance ombudsman is terminated in the event of:
- failure by the applicant to provide additional information and (or) supporting documents on the dispute under consideration within 1 (one) month from the date of the insurance ombudsman’s request;
2) the applicant submits an application to resolve disagreements to the court, and the court accepts the application for consideration and (or) for which there is a court decision that has entered into legal force;
3) the applicant withdraws his Application.
29. Consideration of the dispute on the merits is carried out at the discretion of the insurance ombudsman in person at the office of the insurance ombudsman and (or) using the Internet resource of the insurance ombudsman and other technical means.
30. The insurance ombudsman notifies the parties to the dispute about the time and place of the consideration of the case at least 3 (three) working days before the appointed date. By agreement of the parties, this period may be reduced.
31. The entry of a third party into the proceedings is carried out with the consent of the parties involved, as well as the person involved. An application (petition) to involve a third party is submitted before the deadline for submitting a response to the Application expires. Consent to involve a third party is expressed in writing.
32. At the initiative of the parties or the insurance ombudsman, the hearing of the case is postponed or its proceedings are suspended. The insurance ombudsman shall issue a ruling on postponing the hearing of the case or suspending the proceedings. The hearing of the case is postponed or the proceedings are suspended for no more than 15 (fifteen) working days within the period established by paragraph 26 of the Rules.
If the party to the dispute fails to provide a response to the Application, the proceedings in the case continue.
The hearing of the case is carried out by the insurance ombudsman with the mandatory participation of both parties, except for cases provided for by the Rules and internal rules of the insurance ombudsman. If a party fails to appear, the insurance ombudsman postpones the consideration of the case. If a party fails to appear for unjustified reasons, the insurance ombudsman may consider the case in the absence of that party.
33. Based on the documents submitted, the insurance ombudsman makes, at his discretion, a recommendation or clarification on the settlement of the dispute, which is sent to the parties for consideration. The parties to the dispute declare their agreement or disagreement with the recommendation. If the party to the dispute fails to provide a response within 3 (three) days from the receipt of the recommendation, the case is considered on its merits.
34. The insurance ombudsman, after clarifying all the circumstances of the case and examining the evidence provided by the parties, declares the hearing of the case completed and makes a decision on the case.
When making a decision, the insurance ombudsman is guided by the legislation of the Republic of Kazakhstan and the terms of concluded contracts.
Decision-making procedures by the insurance ombudsman that are not regulated by the Rules are provided for by the internal rules of the insurance ombudsman.
35. Based on the results of the consideration of the case, a protocol is drawn up, which indicates the decision made.
36. When carrying out its activities, the insurance ombudsman ensures the completeness, reliability and timeliness of posting information and information on its Internet resource, including information and information provided for by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 29, 2018 No. 259 “On approval of the Rules for posting information on the Internet resource of an insurance organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of an insurance a non-resident broker of the Republic of Kazakhstan, an organization that guarantees the implementation of insurance payments to policyholders (insured, beneficiaries) in the event of liquidation of insurance organizations, forced termination of the activities of branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, an insurance ombudsman, an organization for the formation and maintenance of a database” registered in the Register of Regulatory Legal Acts under No. 17825.
The insurance ombudsman provides the opportunity to determine on its Internet resource the amount of depreciation when calculating the cost of the amount of damage caused to a vehicle within the framework of the Law of the Republic of Kazakhstan “On compulsory insurance of civil liability of vehicle owners.”
The insurance ombudsman posts information about its activities on the Internet resource in Kazakh and Russian, as well as, if necessary, in other languages.
36-1. The insurance ombudsman submits annually, before the fifteenth day of the working day (inclusive) of the month following the reporting year, to the authorized body information on the number of decisions made by the insurance ombudsman on Applications for the calendar year, indicating the share of justified and unfounded applications from applicants, of the total number of decisions made by insurance class for each insurance organization.
37. The insurance ombudsman provides the opportunity to receive online consultation using the insurance ombudsman’s Internet resource.
38. The insurance ombudsman reports at least once a year on the work done at a regular or extraordinary meeting of the Council of Representatives for the period from the last submission of the said report to the Council of Representatives.
39. The insurance ombudsman, 1 (one) month before the expiration of his term of office, reports at a regular or extraordinary meeting of the Council of Representatives on the work done since the date of the last submission of a report on activities to the Council of Representatives, including on appeals that remained unconsidered.
40. An insurance ombudsman, whose powers are terminated, transfers, under an acceptance certificate, the appeals he has accepted and the documents on them to the newly elected insurance ombudsman.
Appendix 1 to the Rules for the election and implementation of activities of an insurance ombudsman Form
Information about the candidate for the position of insurance ombudsman_______________________________________________________________ (last name, first name, patronymic (if any), position)
- General information:
Date and place of birth Citizenship Identity document details, individual identification number (if available)
No. Name of educational institution Year of admission - year of graduation Specialty Details of diploma of education (date and number if available) 1 2 3 4 5
3. Information about the spouse, close relatives (parents, brother, sister, children) and relatives (parents, brother, sister, children of the spouse):
No. Last name, first name, patronymic (if any) Year of birth Family relationships Place of work and position 1 2 3 4 5
4. Information about work activity:
No. Period of work Place of work Position Availability of disciplinary sanctions Reasons for dismissal, dismissal from position Other information 1 2 3 4 5 6 7
Note: this paragraph contains information about the candidate’s labor activity, including from the moment of graduation from a higher educational institution, indicating the position, as well as the period during which the candidate did not work.
5. Information on whether the candidate was previously a managerial employee of an insurance (reinsurance) company or other legal entity for a period no more than one year before the authorized body made a decision to revoke the license of the insurance (reinsurance) company, as well as the forced liquidation of the insurance (reinsurance) company or other legal entity or declaring them bankrupt in the manner established by the legislation of the Republic of Kazakhstan_________________________________________________________________ (yes (no), indicate the name of the organization, position, period work) I confirm that I do not hold a position in financial organizations and am not an affiliate of insurance organizations, and also confirm that I have an impeccable business reputation. I confirm that this information has been verified by me and is accurate and complete. Last name, first name, patronymic (if any)_______________________________________________________________ (filled in by the candidate in his own hand in block letters) Signature _______________________________________________________________
Appendix 2 to the Rules for the election and implementation of activities of an insurance ombudsman Form
Protocol No. ___ dated ________ on the consideration by the Commission of a candidate for the position of insurance ombudsman
Last name, first name, patronymic (if any) of candidate No. 1 for the position of insurance ombudsman_______ Agree Refuse approval Date Last name, first name, patronymic (if any) of the Chairman of the Commission_______ Last name, first name, patronymic (if any) of the members of the Commission Last name, first name, patronymic (if any) of the members of the Commission... TOTAL Last name, first name, patronymic (if any) of candidate No. 2 for the position of insurance ombudsman_______ Agree Refuse approval Date Last name, first name, patronymic (if any) of the Chairman of the Commission_______ Last name, first name, patronymic (if any) of the members of the Commission Last name, first name, patronymic (if any) of the members of the Commission ... TOTAL Last name, first name, patronymic (if any) of candidate No. 3 for the position of insurance ombudsman_______ Agree Refuse approval Date Last name, first name, patronymic (if any) its presence)Chairman of the Commission_______ Last name, first name, patronymic (if any) of the members of the Commission Last name, first name, patronymic (if any) of the members of the Commission... TOTAL...
Decision of the Commission: Elect to the position of insurance ombudsman_____________________________________________Last name, first name, patronymic (if any)
Appendix 3 to the Rules for the election and implementation of activities of an insurance ombudsman Form
Protocol No. ___ dated ________ on the Commission’s consideration of the issue of early termination of the powers of the insurance ombudsman
______________________________________________________________Last name, first name, patronymic (if any) of the insurance ombudsman
Terminate powers early Refuse early termination of powers Date Last name, first name, patronymic (if any) of the Chairman of the Commission_______ Last name, first name, patronymic (if any) of the members of the Commission Last name, first name, patronymic (if any) of the members of the Commission... TOTAL
Commission decision: Terminate the powers of the insurance ombudsman from _ ______.