Article 1. The basic concepts used in this Law of the Law On Compulsory Insurance of an Employee against Accidents in the Performance of his Labor (official) Duties

Home / RLA / Article 1. The basic concepts used in this Law of the Law On Compulsory Insurance of an Employee against Accidents in the Performance of his Labor (official) Duties

 The following basic concepts are used in this Law:

1) The State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) is a legal entity established by decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications and issuing their results to the recipient based on the "one–stop shop" principle, and ensure the provision of public services in electronic form;

1-1) preventive measures – preventive measures aimed at creating and improving safe working conditions;

1-2) an annuity insurance contract (hereinafter referred to as the annuity contract) is an insurance contract according to which the insurer is obliged to make insurance payments in the form of periodic payments to the beneficiary during the period specified in the contract.;

1-3) organization for the formation and maintenance of a database – a non-profit organization established in the organizational and legal form of a joint-stock company, one hundred percent of the voting shares of which belong to the National Bank of the Republic of Kazakhstan, engaged in the formation and maintenance of a unified insurance database in accordance with the Law of the Republic of Kazakhstan "On Insurance Activities";

2) the authorized state body for labor (hereinafter referred to as the authorized body) is a state body of the Republic of Kazakhstan that implements state policy in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan.;

2-1) pre–retirement annuity insurance contract (hereinafter referred to as the pre–retirement annuity contract) is an insurance contract that is concluded in favor of an employee engaged in work with harmful working conditions, if the conditions provided for in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan arise, according to which the insurer is obliged to make monthly insurance payments in favor of the recipient of the insurance payment;

2-2) insurance payment under a pre–retirement annuity agreement is an insurance payment to employees engaged in work with harmful working conditions upon the occurrence of the conditions provided for in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan.;

3) professional ability to work - the ability of an employee to perform work of a certain qualification, volume and quality;

4) the degree of loss of professional ability to work is the level of decrease in the ability of an employee to perform labor (official) duties, determined in accordance with the legislation of the Republic of Kazakhstan.;

5) occupational risk class - the level of occupational injuries and morbidity that has developed by type of economic activity;

6) insurance of an employee against accidents is a complex of relations for the protection of the property interests of an employee whose life and health have been harmed in the performance of his labor (official) duties;

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

8) Insurance case - an accident in the performance of labor (official) duties (an accident) that occurred to an employee (employees) in the performance of his (their) labor (official) duties as a result of exposure to a harmful and (or) dangerous industrial factor, as a result of which an occupational injury, sudden deterioration in health or poisoning of the employee occurred, leading him to establish the degree of loss of professional ability to work, occupational disease or death, under the circumstances provided for in Article 16-1 of this Law, and also in case of conditions stipulated by paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan.;

8-1) unified insurance database (hereinafter referred to as the database) – a set of information (including in electronic form) about the insurer, policyholder, insured and beneficiary;

8-2) 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";

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

10) 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 insurance payments to the beneficiary in the amount determined by the employee's compulsory accident insurance contract;

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

RCPI's note! Subparagraph 12) is effective from 01.01.2012 (see Article 2 of the Law of the Republic of Kazakhstan dated 12/30/2009 No. 234-IV).

12) an insurer is a legal entity that has obtained a license for the right to carry out insurance activities in the life insurance industry under the annuity insurance class and this type of compulsory insurance in the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

13) the policyholder is the employer who has concluded the contract of compulsory insurance of the employee against accidents.

The Law of the Republic of Kazakhstan dated February 7, 2005 No. 30.

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

President

Republic of Kazakhstan

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