Commentary to article 230. Violation of the legislation of the Republic of Kazakhstan on compulsory insurance The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Commentary to article 230. Violation of the legislation of the Republic of Kazakhstan on compulsory insurance The Code of the Republic of Kazakhstan on Administrative Offences

1. Evasion of an insurance company from concluding a compulsory insurance contract provided for by legislative acts of the Republic of Kazakhstan, -

entails a fine on a legal entity in the amount of three hundred monthly calculation indices.

2. Failure to conclude a compulsory insurance contract by a person who is obliged, in accordance with the legislative act of the Republic of Kazakhstan on compulsory insurance, to conclude a compulsory insurance contract, -

entails a fine for individuals in the amount of ten, for officials, private notaries, private bailiffs, small businesses or non-profit organizations - in the amount of one hundred and sixty, for medium-sized businesses - in the amount of four hundred, for large businesses - in the amount of one thousand monthly calculation indices.

3. Violation by an insurance (reinsurance) organization of the requirements of the legislative acts of the Republic of Kazakhstan, expressed in non-fulfillment or improper fulfillment of the requirements for providing information to the insurance database, -

entails a fine on a legal entity in the amount of three hundred monthly calculation indices.

4. Conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, resulting in the establishment of insurance amounts other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance, -

entails a fine on legal entities in the amount of one hundred percent of the amount of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

5. The conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, resulting in the establishment of insurance premiums other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance, as well as the incorrect (unreasonable) use of coefficients in calculating the insurance premium -

they entail a fine on legal entities in the amount of one hundred percent of the amount of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

6. Conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, resulting in insurance of objects for compulsory types of insurance that are not subject to insurance, -

entails a fine on legal entities in the amount of one hundred percent of the amount of insurance premiums under insurance contracts, but not more than one thousand monthly calculation indices.

7. Excluded in accordance with the Law of the Republic of Kazakhstan dated 04/02/19 № 241-VI

The commented article establishes administrative liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance.

The generic object of offenses provided for in Article 230 of the Administrative Code is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for conducting business in the field of finance.

The direct object of administrative offenses provided for in the commented article is the procedure for compulsory insurance established by the legislation of the Republic of Kazakhstan.

230 of the Administrative Code, by virtue of the direct indication of this in the sanctions of the commented article, are individuals and legal entities, officials, private notaries, private bailiffs, business entities, non-profit organizations.

According to Article 3 of the Law of the Republic of Kazakhstan on Insurance Activities, an insurance organization is a legal entity engaged in concluding and executing insurance contracts on the basis of an appropriate license from an authorized body. A reinsurance organization (reinsurer) is a legal entity engaged in the conclusion and execution of reinsurance contracts on the basis of an appropriate license from an authorized body.

The subjective side of the acts provided for in Article 230 of the Administrative Code, for the individuals who committed it, is characterized by guilt in the form of intent or negligence. The guilt of an individual is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.

Part 1 of the commented article establishes administrative liability for the insurance company's evasion from concluding a compulsory insurance contract provided for by legislative acts of the Republic of Kazakhstan.

The objective side of the offense provided for in Part 1 of Article 230 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of evading the conclusion of a compulsory insurance contract provided for by the legislative acts of the Republic of Kazakhstan.

The list of mandatory types of insurance is established by the Order of the Prime Minister of the Republic of Kazakhstan.

The procedure for concluding a compulsory insurance contract is provided for in Article 806 of the Civil Code. Compulsory insurance is provided at the expense of the policyholder.

Compulsory insurance, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, may be introduced provided it is economically justified, widespread and socially significant.

In cases where the obligation of insurance does not follow from the legislative act of the Republic of Kazakhstan, but is based on a contract, such insurance is not mandatory and does not entail the consequences provided for in art. 808 of the Civil Code.

When concluding a compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, the policyholder is obliged to conclude a contract with the insurer on the terms prescribed by this legislative act of the Republic of Kazakhstan.

In case of imputed insurance, the contract with the insurer is concluded on the terms determined by the agreement of the parties, with mandatory compliance with the minimum conditions for its conclusion established by the legislative acts of the Republic of Kazakhstan.

A compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating compulsory insurance, can only be concluded with an insurer licensed to carry out this type of insurance.

The conclusion of a compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, is mandatory for an insurer licensed to carry out this type of insurance.

Failure by the insurer to comply with this legislative requirement for the conclusion of a compulsory insurance contract forms the final composition of the offense provided for in Part 1 of the commented article.

The composition of the offense provided for in Part 1 of the commented article is formal. In order to calculate and impose a fine on an offender in accordance with Part 1 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.

For the commission of an offense provided for in Part 1 of the commented article, the perpetrators are subject to punishment in the form of a fine.

The amount of the fine for committing an offense under Part 1 of Article 230 of the Administrative Code is fixed and amounts to 300 MCI for legal entities that have committed an offense.

This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Part 2 of the commented article establishes administrative liability for non-conclusion of a compulsory insurance contract by a person who is obliged, in accordance with the legislative act of the Republic of Kazakhstan on compulsory insurance, to conclude a compulsory insurance contract.

The objective side of the offense provided for in Part 2 of Article 230 of the Administrative Code is the inaction of the offender in the form of non-conclusion of a compulsory insurance contract by a person who is obliged, in accordance with the legislative act of the Republic of Kazakhstan on compulsory insurance, to conclude a compulsory insurance contract.

At the request of the legislative act of the Republic of Kazakhstan on compulsory insurance, the person specified therein is obliged to conclude an insurance contract with the insurance company for the compulsory type of insurance of the activity that the policyholder is engaged in or carries out.

The composition of the offense provided for in Part 2 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 2 of the commented article, it is not necessary to establish the fact and amount of damage caused by non-conclusion of a compulsory insurance contract.

For the commission of an offense provided for in Part 2 of the commented article, the perpetrators are subject to punishment in the form of a fine.

Depending on the legal status of the offender and the business category to which he belongs, the amount of the fine is:

- for individuals - 10 MCI;

- for officials, private notaries, private bailiffs, small businesses or non-profit organizations - 160 MCI;

- for medium-sized businesses - 400 MCI;

- for large business entities - 1000 MCI.

The amounts of fines for each of the above categories of subjects of an offense are fixed and are not subject to change by the body imposing them.

This penalty is imposed on offenders by the internal affairs bodies, the authorized body in the field of transport and communications, the authorized body in the field of tourism, the bodies exercising state control in the field of labor legislation of the Republic of Kazakhstan, the justice authorities, the authorized body in the field of environmental protection, the bodies of the Ministry of Finance of the Republic of Kazakhstan, the authorized body in the field of industrial safety, the authorized state body an authority in the field of crop production or a court, if the case is considered in court.

Part 3 of the commented article establishes administrative liability for violation by an insurance (reinsurance) organization of the requirements of the legislative acts of the Republic of Kazakhstan, expressed in non-fulfillment or improper fulfillment of the requirements for providing information to the insurance database.

The objective side of the offense provided for in Part 3 of Article 230 of the Administrative Code is the commission by the offender of illegal actions (inaction), expressed in violation of the requirements of legislative acts of the Republic of Kazakhstan by:

1) failure to comply with the requirements for providing information to the insurance database; or

2) improper fulfillment of the requirements for providing information to the insurance database.

81 of the Law of the Republic of Kazakhstan "On Insurance activities", insurance information providers provide information on each insurance contract concluded, on the amounts of insurance premiums, insurance claims, insurance agents, as well as the amounts of insurance payments (in the context of payments for property and health) in the manner, terms and amount that are provided an agreement on the provision of information and (or) receipt of insurance reports, subject to the requirements stipulated by the cited Law and the regulatory legal act of the authorized body. A regulatory legal act of the authorized body may establish additional requirements for the content of information provided by information providers to the database.

Information is provided by information providers in electronic form using information systems integrated with appropriate software, within the time limits established by the regulatory legal act of the authorized body.

At the request of clauses 2), 3), 4), clause 3, Article 82 of the Law of the Republic of Kazakhstan "On Insurance Activities", insurance organizations, as information providers, are required to provide information to the database for its formation in the amount, procedure and terms determined by contracts for the provision of information and (or) receipt of insurance reports; adjustments to the information transmitted to the organization, at the request of the database subject; provide information to the organization in exact accordance with the available information about the database subject.

Failure by insurance organizations to comply or improperly comply with the above-mentioned legislative requirements for providing information to the insurance database constitutes a complete offense provided for in Part 3 of the commented article.

The composition of the offense provided for in Part 3 of the commented article is formal. In order to calculate and impose a fine on the offender under Part 3 of the commented article, it is not necessary to establish the fact and amount of damage caused by non-fulfillment or improper fulfillment of the requirements for providing information to the insurance database.

For the commission of an offense provided for in Part 3 of the commented article, the perpetrators are subject to punishment in the form of a fine.

The amount of the fine for committing an offense under Part 3 of Article 230 of the Administrative Code is fixed and amounts to 300 MCI for legal entities that have committed an offense.

This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Part 4 of the commented article establishes administrative responsibility for the conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, expressed in the establishment of insurance amounts other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance.

The objective side of the offense provided for in Part 4 of Article 230 of the Administrative Code is that the offender commits unlawful acts in the form of concluding a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan by setting insurance amounts other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance.

When concluding insurance contracts for compulsory types of insurance, the amounts of insurance amounts are subject to determination by the parties to the contract in accordance with the amounts established in the laws of the Republic of Kazakhstan on compulsory types of insurance.

Violation by insurance companies of the specified legislative requirement forms the final composition of the offense provided for in Part 4 of the commented article.

The composition of the offense provided for in Part 4 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 4 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.

The offense provided for in Part 4 of the commented article is considered to have been committed at the moment when the offender has concluded a compulsory insurance contract, which establishes insurance amounts other than those specified in the legislation of the Republic of Kazakhstan on compulsory types of insurance.

For the commission of an offense provided for in Part 4 of the commented article, the perpetrators are subject to punishment in the form of a fine.

The amount of the fine for committing an offense under Part 4 of Article 230 of the Administrative Code is 100% of the amount of insurance premiums under insurance contracts for legal entities that have committed it, but not more than 1,000 MCI.

This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Part 5 of the commented article establishes administrative responsibility for the conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, resulting in the establishment of insurance premiums other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance, as well as the incorrect (unreasonable) use of coefficients in calculating the insurance premium.

The objective side of the offense provided for in Part 5 of Article 230 of the Administrative Code is that the offender commits unlawful acts in the form of concluding a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan by:

1) establishing the amounts of insurance premiums other than those determined by the laws of the Republic of Kazakhstan on compulsory types of insurance, as well as

2) incorrect (unreasonable) use of coefficients in calculating the insurance premium.

When concluding insurance contracts for compulsory types of insurance, the amounts of insurance premiums are subject to determination by the parties to the contract in accordance with the amounts and coefficients defined in the laws of the Republic of Kazakhstan on compulsory types of insurance.

Violation by insurance companies of the specified legislative requirement forms the final composition of the offense provided for in Part 4 of the commented article.

The composition of the offense provided for in Part 5 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 5 of the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.

The offense provided for in Part 5 of the commented article is considered to have been committed at the moment when the offender entered into a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan.

For committing an offense under Part 5 of the commented article, the perpetrators are punished with a fine.

The amount of the fine for committing an offense provided for in Part 5 of Article 230 of the Administrative Code for insurance (reinsurance) organizations is 100% of the amount of insurance premiums under insurance contracts, but not more than 1000 MCI.

This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Part 6 of the commented article establishes administrative responsibility for the conclusion by an insurance (reinsurance) organization of a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan, expressed in the insurance of objects for compulsory types of insurance that are not subject to insurance.

The objective side of the offense provided for in Part 6 of Article 230 of the Administrative Code is that the offender commits unlawful acts in the form of concluding a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan by insuring objects under compulsory types of insurance that are not subject to insurance.

Insurance (reinsurance) organizations are required to conclude compulsory insurance contracts and insure under this class of insurance only those objects that are subject to insurance under mandatory types of insurance.

Accordingly, the violation of this requirement and the conclusion of a compulsory insurance contract for objects that are not subject to compulsory insurance constitute the objective side of the offense provided for in Part 6 of the commented article.

The composition of the offense provided for in Part 6 of the commented article is formal. In order to calculate and impose a fine on an offender under Part 6 of the commented article, it is not necessary to establish the fact and amount of damage caused by concluding a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan.

The offense provided for in Part 6 of the commented article is considered to have been committed at the moment when the offender entered into a compulsory insurance contract on terms that do not comply with the requirements of the legislation of the Republic of Kazakhstan.

For the commission of an offence under Part 6 of the commented article, the insurance (reinsurance) organizations that have committed it are subject to punishment in the form of a fine.

The amount of the fine for committing an offense provided for in Part 6 of Article 230 of the Administrative Code for insurance (reinsurance) organizations is 100% of the amount of insurance premiums under insurance contracts, but not more than 1000 MCI.

This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);

Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);

Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;

Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);

Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.

Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus

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