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Home / RLA / Article 1. The basic concepts used in this Law are the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose Activities are associated with the risk of Harm to Third Parties.

Article 1. The basic concepts used in this Law are the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose Activities are associated with the risk of Harm to Third Parties.

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law are the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose Activities are associated with the risk of Harm to Third Parties.

      The following basic concepts are used in this Law:  

     1) accident - destruction of buildings, structures and (or) technical devices used at a hazardous production facility, uncontrolled explosion and (or) release of hazardous substances;

     2) incident - failure or damage of technical devices used at a hazardous production facility, deviation from the parameters ensuring the safety of the technological process, which did not lead to an accident;

     3) dangerous production factor - a physical phenomenon that occurs during accidents, incidents at hazardous production facilities, causing harm to the life, health and (or) property of third parties;

     4) the owner of an object whose activity is associated with the risk of harm to third parties is an individual and (or) a legal entity that owns an object whose activity is associated with the risk of harm to third parties, on the right of ownership, the right of economic management or the right of operational management, or on any other legal basis;

     5) the civil liability of the owner of an object whose activities are associated with the risk of harm to third parties is the obligation of individuals and (or) 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 by a dangerous production factor;

     6) beneficiary - a person who, in accordance with this Law, is the recipient of an insurance benefit;

     7) insured event - an event, upon the occurrence of which the contract of compulsory liability insurance of owners of facilities, whose activities are associated with the risk of harm to third parties, provides for the insurance payment;

     7-1) insurance Ombudsman – an individual who is independent in his activities and settles disputes between insurance market participants in accordance with the Law of the Republic of Kazakhstan "On Insurance Activities";

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

     9) insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter's acceptance of obligations to make an insurance payment to the policyholder (beneficiary) in the amount determined by the contract of compulsory liability insurance of the owners of the facilities;

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

     11) insurer - a legal entity registered as an insurance company and licensed to carry out insurance activities, which is obliged, upon the occurrence of an insured event, to make an insurance payment to the policyholder or another person (beneficiary) within the amount (insured amount) specified in the contract;

     12) insured - the person in respect of whom insurance is carried out;

     13) policyholder - a person who has concluded a compulsory civil liability insurance contract with the insurer for the owner of the facility, whose activities are associated with the risk of harm to third parties. Unless otherwise provided by the insurance contract, the policyholder is at the same time insured.;

     14) authorized body – the central executive body responsible for the management and intersectoral coordination, development and implementation of state policy in the field of industrial safety;

     15) third party - a person whose life, health and (or) property has been harmed by a dangerous industrial factor.

     The employees and owners of the facility, whose activities are associated with the risk of harm to third parties, are not third parties.

 

 

The Law of the Republic of Kazakhstan dated July 7, 2004 No. 580.

     This Law regulates public relations arising in the field of compulsory insurance of civil liability of owners of facilities whose activities are associated with the risk of harm to third parties, and establishes the legal, economic and organizational basis for its implementation.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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