Article 7. The contract of compulsory environmental insurance and the procedure for its conclusion of the Law on Compulsory Environmental Insurance

Home / RLA / Article 7. The contract of compulsory environmental insurance and the procedure for its conclusion of the Law on Compulsory Environmental Insurance

1. Compulsory environmental insurance is carried out on the basis of a contract concluded between the insurer and the policyholder in accordance with this Law, the Civil Code of the Republic of Kazakhstan and the Environmental Code of the Republic of Kazakhstan.

Individuals and (or) legal entities that carry out environmentally hazardous types of economic and other activities are not entitled to carry out their activities without concluding a compulsory environmental insurance contract.

When carrying out an environmentally hazardous type of economic and other activity by two or more owners of the same facility, a compulsory environmental insurance contract is concluded by any of them, indicating in the insurance policy all owners of the facility as insured.

2. The compulsory environmental insurance contract provides for insurance payments for obligations arising as a result of environmental damage caused as a result of an accident when the insured carries out environmentally hazardous types of economic and other activities.

3. A compulsory environmental insurance contract must be concluded only with an insurer licensed to carry out activities of this type (class). compulsory insurance.

The policyholder is free to choose an insurer.

The insurer has no right to refuse the policyholder to conclude a compulsory environmental insurance contract, except in cases stipulated by the laws of the Republic of Kazakhstan.

4. The contract of compulsory environmental insurance is concluded by registration of the insurance policy by the insurer in electronic form.

The basis for concluding a compulsory environmental insurance contract is the policyholder's statement.

The insurer is responsible for the incompleteness of the conditions to be specified in the compulsory environmental insurance contract.

In the event of a dispute under a compulsory environmental insurance contract due to the incompleteness of certain terms of the contract, the dispute is resolved in favor of the policyholder.

4-1. At the request of the policyholder, a compulsory environmental insurance contract may be concluded by contacting the insurer in writing or exchanging electronic information resources between the policyholder and the insurer.

5. 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.

The requirements for the content and design of an insurance policy for compulsory environmental insurance are established by the legislation of the Republic of Kazakhstan.

6. Excluded by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021).

The Law of the Republic of Kazakhstan dated December 13, 2005 No. 93-III.

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

President

Republic of Kazakhstan

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