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The law on compulsory insurance in plant growing

Source: EC section, 05/23/2013 13:12:37

 

Law of the Republic of Kazakhstan dated March 10, 2004 № 533-II 
On compulsory insurance in plant growing

 

 

 

This law regulates the social relations arising in the field of compulsory insurance in plant growing, and establishes the legal, financial and organizational basis for its holding.

 

Article 1. Basic concepts used in this Law

In this Law the following basic concepts:

1) the agent – created by the decision of the Government of the Republic of Kazakhstan Joint-Stock Company, a member of the national holding company in the field of agriculture, whose sole shareholder is the State;

2) the appraiser (independent expert) – a natural or legal person who has the license for realization of valuation activities;

3) total loss of crops – a consequence of the effects of adverse natural phenomena on crops for which the cost of the further cultivation and harvesting exceed the expected revenue from the harvest;

4) partial loss of crops – a consequence of the effects of adverse natural phenomena on crops for which the estimated income or the actual per hectare production of the type of crop production less than the size of the standard costs per hectare production of the type of crop production, established at the time of conclusion of the contract of compulsory insurance;

5) adverse natural phenomenon – a natural phenomenon (long-term – drought, winterkill, lack of heat, excessive soil moisture, waterlogging air, flooding, water scarcity, drought, short-term – hail, rain, frost, strong winds, rural), in which there were deaths or damage to the crop production;

6) certificate of inspection upon the adverse natural phenomena (hereinafter – the certificate of inspection) – a document confirming the causal link between partial or complete loss of crops and the impact of unfavorable (adverse) of natural (natural) phenomena (phenomena), the requirements for which are provided by this Act in the form prescribed by the Government of the Republic of Kazakhstan;

7) The estimated income from the harvest – income, determined by the Commission in accordance with the procedure of determining the areas of destruction of crops approved by the competent authority in the field of crop production;

8) crop – a complex production agriculture, including the producers of agricultural products – natural and legal persons engaged in crop production;

9) the contract of compulsory insurance in plant (hereinafter – the contract of compulsory insurance) – the contract concluded between the insurer and the insurer under the conditions prescribed by this Act;

10) mutual insurance company in plant (hereinafter – Company) – a legal entity established in the legal form of a consumer cooperative for the implementation of the mutual insurance of property interests of its members in the field of compulsory insurance in plant growing;

11) plant products – products obtained in the process of cultivation of agricultural crops (cereals, oilseeds, sugar beet, cotton);

12) authorized state body in the area of ​​crop – the state body determined by the Government of the Republic of Kazakhstan, carrying out state regulation in the sphere of crop production;

13) insured event – an event the occurrence of which compulsory insurance agreement provides for the implementation of insurance payments;

14) the sum insured – the amount of money to which the insured object of compulsory insurance and that is limiting the amount of liability of the insurer when the insured event;

15) insurance premium – the amount of money that the insured must pay the insurer for the latter’s commitment to make insurance payment (beneficiary) in the amount determined by the contract of compulsory insurance;

16) insurance payments – the amount of money paid by the insurer to the insured (beneficiary) within the sum insured when the insured event;

17) insurer – a legal entity that obtained a license to carry out compulsory insurance in plant growing in accordance with the legislation of the Republic of Kazakhstan, obliged in the insurance case to make insurance payment to the insurer or other person in whose favor the contract (beneficiary) within a specific contract sum (sum insured);

18) Policyholder – a person performing work on crop production and conclude compulsory insurance agreement with the insurer;

19) deductible – the liberation of the insurer damages not exceeding a certain size;

20) the specification of the costs – the costs of individual production processes, types of work and expenditure per hectare production of the type of crop production, denominated in tenge.

 

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance in plant growing

1. Legislation of the Republic of Kazakhstan on compulsory insurance in plant based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On insurance activity”, the Law of the Republic of Kazakhstan “On mutual insurance”, the present Law and other normative legal acts of the Republic of Kazakhstan .

2. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules than those contained in this Act, the rules of the international treaty.

3. This Act shall not apply to the activities of growing of crop production on non-agricultural land crop production and storage.

Article 3. The object of compulsory insurance in plant growing

The object of mandatory crop insurance is the property interests of the insured related to partial or full compensation of the losses of the insured when the insured event, the size of which is determined in accordance with this Law.

 

Article 4. Objectives of compulsory insurance in plant growing

The objectives of compulsory insurance in plant growing are:

1) the protection of the property interests of the manufacturer’s plant products from the effects of adverse natural phenomena through the implementation of insurance payments in cases, the amount and manner prescribed by this Act;

2) creation of conditions for lending to manufacturers of crop production on the security of insured crops;

3) assistance in increasing the efficiency of government support programs crop.

 

Article 4-1. The competence of the Government of the Republic of Kazakhstan

The Government of the Republic of Kazakhstan:

1) develop government programs in the field of crop production;

2) approve a standard form of contract of compulsory insurance in plant and an agreement on procedures and conditions for the partial reimbursement of insurance payments;

3) approve the regulations costs in the production of plant products subject to compulsory insurance, on one hectare of cultivated area;

4) approve the procedure for the use of money allocated to support compulsory insurance in plant growing and amount of remuneration for the agent;

5) claims on the proposal of the authorized state body in the field of environment and the authorized state body in the area of emergency situations of natural and man-made criteria and characteristics of the definition of adverse natural phenomena;

6) approve the procedure for the creation of local executive body of the district (city of regional significance), and the organization of the Commission to determine the size of crop areas exposed to natural hazards, and the form of the act of the survey;

7) approve a standard form of certificate authority Hydrometeorological Service and (or) authorized state body in the area of emergency situations of natural and man-made, confirming the fact of adverse natural phenomena;

8) perform other functions assigned to it by the Constitution and laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

 

Article 5. The state control and supervision in the sphere of compulsory insurance in plant growing

1. State control over the fulfillment of obligations of the manufacturers of crop production on the conclusion of the contract of compulsory insurance established by this Act, carried out by the authorized state body in the field of plant and its territorial bodies.

2. The authorized body in the area of ​​crop:

1) implements the state policy in the field of crop production;

2) develops and participates in the implementation of government and other programs in the field of crop production;

3) carries out the state control over observance of the legislation of the Republic of Kazakhstan in the field of crop production;

4) improving the legal and economic conditions for the development of crop production;

5) Examine the state of the industry crop situation in the country and abroad;

6) supervises the activities of an agent of society, observance of the legislation of the Republic of Kazakhstan on compulsory insurance in plant growing;

7) Consider the case of evasion from the conclusion of contracts of compulsory insurance of insurers and non-compliance with requirements of the law society of the Republic of Kazakhstan on mutual insurance, and this Act;

8) requests and receives from the insurer, the insurer, agent and company information and documents necessary for the exercise of its supervisory functions;

9) establish the form and timing of submission of the insured, the insurer, agent and company information and documents necessary for the exercise of control functions;

10) develops and approves the methodology determining areas destruction of crops.

11) develops and approves form of mandatory departmental reporting, checklists, risk assessment criteria, semi-annual plans of audits in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”;

12) submit to the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank) Register of companies indicating its name and location;

13) exercise other powers stipulated in this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

3. A local executive body of the region (city of regional significance):

1) organize compulsory insurance business entities;

2) request and receive from the insurer, the insurer and agent information and documents necessary for the exercise of its functions, in the form established by the authorized state body in the area of ​​crop production;

3) determines the optimal start and completion dates of sowing works in the relevant territory in the context of climatic zones by type of crop products subject to compulsory insurance in plant growing;

4) set up commissions in accordance with Article 9 of this Act;

5) provides for local government other powers delegated to local executive bodies by the legislation of the Republic of Kazakhstan.

3-1) is the public authority in the field of crop plant growing list of producers to be insured in the current year;

4. State supervision of the activities of insurance companies by the National Bank in accordance with thelegislation of the Republic of Kazakhstan.

 

Article 5-1. The procedure of state control in the field of compulsory insurance in plant growing

Territorial body of the authorized state body in the field of plant for the implementation of state control:

1) requests from the agent list of insurers who have signed a contract of compulsory insurance in plant growing, indicating the insured types of plant products in the relevant territory;

4) prepare reports on administrative offenses and impose administrative penalties in accordance with the laws of the Republic of Kazakhstan on administrative offenses.

State control in the field of compulsory insurance in plant cultivation is carried out in the form of checks and other forms.

Checking is carried out in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan.” Other forms of state control are carried out in accordance with this Law.

 

Article 5-2. Features of the compulsory insurance in plant growing

1. The provisions contained in this Act shall apply to companies with the specifications established by the legislative acts of the Republic of Kazakhstan regulating their activities.

Insurance of property interests of members of society in accordance with the rules of mutual insurance.

2. Producers of plant products, which are the members of society, are not subject to compulsory insurance with the insurer.

3. A legal person registered as an insurance company to obtain a license to carry out compulsory insurance in plant growing is bound to have branches and (or) insurance agents in the capital cities of republican, regional and district level.

4. There shall be activities aimed at restricting or eliminating competition, giving or receiving of unfair advantage on the conclusion of contracts of compulsory insurance in plant growing among insurers before others, infringement of the rights and legitimate interests of policyholders.

 

Article 6. Types of insurance claims in the compulsory insurance in plant growing

For insurance cases under compulsory insurance in plant include loss or damage to crop production due to adverse natural phenomena or their aggregate recorded in the act of a survey which arose as a result of loss from the insured.

Article 7. Determination of the sum insured and the types of specifications of expenses

1. The size of the sum insured established by the agreement concluded by taking into account peculiarities of compulsory insurance as defined by this Law, separately for each type of crop production in accordance with the standard costs per hectare multiplied by the entire area, where the policyholder carries the costs for growing this type of plant production .

2. Calculation of the sum insured on the standard cost is carried by one of the following:

1) evidence-based agricultural technologies;

2) simplified agricultural technologies;

3) for the three types of costs:

fuels and lubricants;

seeds;

wages.

Article 8. Determination of the amount of insurance premiums and the procedure for payment

1. The amount of the insurance premium for each type of crop production established by the agreement of compulsory insurance, but can not be less than the size of the insurance rate to be determined by this Act, multiplied by the relevant insurance sum.

Set the following minimum and maximum amounts of insurance payment, calculated as a percentage of the sum insured by type of crop production, established by the contract of compulsory insurance, subject to government subsidies of insurance payments

1) grain (by groups of regions):

 

p / p

Designation of areas

Insurance rate in%

Minimum

Maximum

1.

Akmola, Almaty, East Kazakhstan, West Kazakhstan, Kostanai, North Kazakhstan

1.78

3.48

2.

Karaganda, Kyzylorda, Pavlodar, South Kazakhstan

3.17

5.83

3.

Aktobe, West Kazakhstan

5.21

9.15

 

2) Oil (throughout the country): minimum – 2.01%, the maximum – 3.44%;

3) sugar beet (throughout the country): minimum – 5.76%, the maximum – 8.39%;

4) cotton (throughout the country): minimum – 0.92%, the maximum – 1.33%.

2. Payment of premiums is made by the insurer and the insured refers to the cost of the type of crop production.

3. The premiums for compulsory insurance in plant growing shall be paid by the insured to the insurer a lump sum or by agreement with the insurer on credit in order and terms defined by the contract of compulsory insurance.

In the case of non-payment of the insurance premium the insured under the terms of a one-time payment thereof established in the contract of compulsory insurance, compulsory insurance agreement is not concluded.

In case of untimely payment of the next insurance premium on the terms of payment of the insurance premium in installments established by compulsory insurance contract, the insurer is obligated to pay liquidated damages to the insurer in the manner and amount established by the civil legislation of the Republic of Kazakhstan.

If the insured event occurs before the payment of the next insurance premium or payment is delayed, the insurer is entitled to set off the amount of the unpaid insurance premium, reducing the insurance payment.

Article 9. Determination of the amount of insurance payment and the procedure for its implementation

1. The insurance payment is made in the amount of the insured loss within the sum insured without the franchise.

Establishment of the insurer deductible (conditional or unconditional) for compulsory insurance in plant growing is not allowed, as in the case of the establishment shall be considered invalid.

2. The amount of the loss is measured as the positive difference between the size of standard costs per hectare production of the type of crop production, established at the time of conclusion of the contract of compulsory insurance and income per hectare production of the type of crop production in the area subjected to the influence of adverse natural phenomena, multiplied by the area of ​​production this type of products that are affected by adverse natural phenomena.

Size of the area exposed to adverse natural phenomena, are established by the Commission, which is obliged to create at the request of the insurer the local executive body area (city of regional significance) within five working days of receipt of the request of the insured.

The commission includes representatives of the local executive body of the region (city of regional significance), the authorized state body in the field of crop production, the agent of the insurer and the insured or the public.

The Commission will examine the area of ​​crops, application of the insured, by the method of determining the areas of destruction of crops approved by the authorized state body in the field of crop production, and the results of the survey determines the degree of destruction of crop production: a full or partial.

According to the survey, the Commission on the day of the survey is certificate of inspection in triplicate, separately for each case of adverse natural phenomenon or a combination of mind and crop production. Certificate of inspection signed by all the members of the commission, after which the representatives provided the agent of the insurer and the insured or the public. If one of the members of the commission does not agree with the decision and sign the certificate of inspection, he must submit in writing the reasons for its rejection of the Commission and apply them to the act of inspection. Certificate of inspection shall be deemed adopted if two-thirds of the signatures of the commission members.

The volume of products collected from areas exposed to natural hazards, in case of partial loss of crops subject to mandatory evaluation at harvest. In the case of total loss of crop size of the loss is determined by the size of the standard costs per hectare production of the type of crop production, established at the time of conclusion of the contract of compulsory insurance in plant multiplied by the area of ​​production of this product, which had an unfavorable impact of a natural phenomenon.

3. Income can be actual, that is calculated in volume after the implementation of all kinds of plant products, to which the adverse impact of natural phenomena.

4. The income can be estimated, that is calculated in after the harvest and before the implementation of the entire volume of the type of crop production, to which the adverse impact of natural phenomena.

Estimated income from the application of the insured or his representative, determines the insurer. In case of disagreement the estimated income is determined by the appraiser (independent expert). In case of disagreement with the results of evaluation of the parties may prove otherwise.

In the case of total loss of crop yield assessment determination is not made by the insurer.

5. In the case of partial loss of crop production crop insurance payment is made no earlier than one month but not later than three months after the end of the harvest.

This income is calculated as follows:

1) in accordance with paragraph 3 of this Article, if the resulting harvest was realized;

2) in accordance with paragraph 4 of this Article, if the resulting harvest has not been implemented;

3) in accordance with paragraph 3 of this Article, if the resulting yield was partially implemented, and the unrealized portion of the crop income is calculated in accordance with paragraph 4 of this article.

6. In the event of total loss of the crop insurer is obliged to carry out insurance payment in full within ten working days of receipt by the insurer the documents provided by paragraph 2 of Article 10 of this Law.

 

Article 10. General Conditions of the insurance payment

1. The requirement of insurance payment by the insured to the insurer shall be presented in writing with the documents required for the implementation of insurance payments.

2. The application for insurance payment the following documents:

copy of the contract of compulsory insurance;

a copy of the map (diagram) placing fields;

Help body of hydrometeorological service and (or) authorized state body in the area of emergency situations of natural and man-made, confirming the fact of adverse natural phenomena;

a copy of the declaration of the insured to the local executive body of the region (city of regional significance) on the establishment of a commission on the areas exposed to natural hazards, with a mark of acceptance of the application;

documents confirming the actual receipt of income listed by the compulsory insurance contract, and in their absence – the report of the appraiser (independent expert) on the assessment of income in the partial loss of crops.

Additional reclaim the insurer other documents from the insurer is not allowed.

3. The insurer accepted the documents required to draw up in duplicate a certificate with the full list of the documents and the date of their adoption. One copy of the certificate issued to the applicant, the second copy of the applicant with a mark of its receipt remains with the insurer.

 

Article 11. Grounds for exemption from the insurer of the insurance payment

1. The insurer has the right to wholly or partially refuse insurance payment to the insured if the insured event occurred as a result of:

intentional actions of the insured aimed at occurrence of the insured event or contributing to its occurrence, except for acts committed in necessary defense and extreme necessity;

Action insurer, recognized in accordance with the procedure established by legislative acts of the Republic of Kazakhstan, an intentional crime or misdemeanor that are in causal connection with the insurance case.

2. The grounds for refusal of the insurer in the insurance payment can be as follows:

Post insured to the insurer deliberately false information about the object of insurance, insurance risk, insurance event and its consequences;

deliberate absence of measures to reduce the losses of the insured event;

obstruction of the insured to the insurer in the investigation of the circumstances of the insured event and determining the amount of the loss caused to them;

failure to notify the insurer of the insured event, unless it is proved that the insurer promptly learned of the occurrence of the insured event or the insurer’s lack of information about it could affect its obligations to carry insurance payment;

submission of an application to the local executive body of the region (city of regional significance) to establish a commission to determine the size of the area exposed to adverse natural phenomena, in violation of the terms established by the sixth paragraph of paragraph 2 of Article 15 of this Law;

Other cases provided for by the civil legislation of the Republic of Kazakhstan.

3. The decision to refuse the insurance payment is received by the insurer and the insured is informed in writing and reasoned justification for the reasons for refusal within seven calendar days of the submission of all documents provided for in paragraph 2 of Article 10 of this Law.

4. The refusal of the insurer to make insurance payment by the insured may be appealed in court.

Article 12. State support of compulsory insurance in plant growing

1. State support of compulsory insurance in plant cultivation is carried out through the allocation of budgetary resources, determined by the law on the national budget for the financial year, the authorized state body in the area of ​​crop production to recover fifty percent of insurance payments to insurers and societies in insurance cases that have arisen as a result of adverse natural phenomena, and for the services of the agent.

The funds provided for the services of an agent may be transferred to the current account of the agent in the second-tier bank in accordance with the agreement concluded between the authorized body in the area of ​​crop and the agent.

2. Agent opens a current account with the National Bank for the management of funds transmitted by the authorized state body in the field of crop on the basis of the agreement concluded between the authorized state body in the area of ​​crop and the agent.

Temporarily free funds from the current account in the National Bank can be placed on deposit with the National Bank and government securities.

The revenue part of the current account in the National Bank is formed at the expense of budget funds transferred to the authorized state body in the area of ​​crop production based on contract, and revenues from the placement of temporarily free funds on deposit with the National Bank and government securities.

The expenditure part of the current account in the National Bank includes the amount placed on deposit with the National Bank and government securities, expenses for reimbursement of insurance payments to insurers and societies.

The balances of the current account in the National Bank, its outstanding at the end of the financial year, can not be returned to the authorized state body in the area of ​​crop and therefore the budget.

 

Article 13. The order of presentation of the claim for reimbursement of part of insurance payments

1. Claims for reimbursement of part of insurance payments to the agent or the insurer imposed by society in the form of a written statement with the documents provided for in paragraph 2 of this article.

2. The application for reimbursement of part of insurance payments shall be accompanied by the following documents:

a notarized copy of the contract of compulsory insurance in plant growing;

Documents proving the insurance payment (payment order – the original copy of the obligating documents, certified by the seal of the insurer or the public, or the original collection order);

in the case of the insurance payment by the court included a copy of which came into force a court decision;

copy of the document on the assessment of the estimated income, certified by the insurer or the community in the event of a partial loss of crops.

In case of non-compliance of documents provided by the first part of paragraph 2 of this Article, the requirements established by the legislation of the Republic of Kazakhstan, these documents shall be returned to the insurer or to the community to address the comments. In this period of reimbursement of the insurer or the public part of insurance payment is calculated from the date of re-obtaining the documents, but can not exceed seven working days.

2-1. Agent provides reimbursement of the insurance payment on the basis of an agreement on procedures and conditions for the partial reimbursement of insurance claims, concluded with the insurer in accordance with this Law.

3. The agent has the right to refuse the insurer or to society as part of insurance compensation payments in case of messages and (or) the agent of the insurer deliberately false information.

4. The insurer or the company is responsible for the accuracy of the determination of the amount of insurance payments.

 

Article 14. Rights and obligations of the insurer

1. The insurer shall be entitled to:

when the insured event, together with the insurer and appraiser (independent expert) to work on the definition of the actual and (or) the estimated revenue of crop production that are exposed to adverse natural phenomena;

request the competent bodies documents confirming the fact of the insured event;

use reports appraiser (independent expert) for his involvement to determine the amount of insurance payments as a result of the insured event;

receive reimbursement of the insurance payment from the agent of budgetary funds;

to develop proposals to improve compulsory insurance in plant growing and submit them to the agent;

determine the estimated revenue on their own or through an appraiser (independent expert).

refuse to enter into a contract of compulsory insurance in the event of the insured of his sentence under paragraph 3 of Article 17 of this Law.

2. The insurer shall:

in case of failure by the insured documents provided by paragraph 2 of Article 10 of this Law, immediately but no later than three business days, notify him of the missing documents;

when the insured event, which was the result of a loss to the insurer, to pay insurance compensation by type of crop products produced by the insured in the amount, manner and terms established by this Law and the contract of compulsory insurance;

for reimbursement of insurance claims on insurance cases that have arisen as a result of adverse natural phenomena, to conclude an agreement with the agent on the procedure, terms and conditions of the partial reimbursement of insurance payments subject to a compulsory insurance contract with the insurer at the time provided by paragraph 3 of Article 17 of this Law;

maintain and store data on mandatory crop insurance agent and provide it at its request;

in the manner prescribed by standard contract between the insurer and the agent, provide the agent information in force compulsory insurance contract no later than the fifth day of the month following the month to conclude the contract of mandatory insurance;

familiarize the Insured with the rules of compulsory insurance in plant growing;

provide insurance secret;

pay for the services they attracted appraiser (independent expert);

inform the agent of all the judicial decisions and (or) the definitions relating produced insurance payments and its amount, within three days from the date of issuance;

upon the occurrence of adverse natural phenomenon to send a representative to the commission, created at the request of the insurer the local executive body area (city of regional significance), to conduct a survey to identify areas affected by adverse natural phenomena.

2-1. The insurer is not entitled to make demands on compliance agricultural technologies of cultivation of agricultural crops.

3. The insurer also has other rights and duties provided by the legislative acts of the Republic of Kazakhstan and compulsory insurance contract.

Article 15. The rights and obligations of the insured

1. The policyholder is entitled to:

receive an insurance payment within the time specified in the contract compulsory insurance;

to demand an explanation from the insurer’s conditions of compulsory insurance, their rights and obligations under the contract of compulsory insurance;

see the results of the estimate of the losses incurred;

to challenge in accordance with the legislation of the Republic of Kazakhstan and compulsory insurance contract, the insurer’s decision to refuse insurance payment or reduce its size;

to go to court in case of disagreement with the result of the evaluation of actual or estimated income received from each type of crop products grown on the cultivated area subjected to unfavorable natural phenomena;

Two types of standard costs referred to in Article 7 of this Act, for the calculation of the sum insured under the contract of compulsory insurance.

2. The policyholder shall:

enter into a contract of compulsory insurance with the insurer in the time prescribed by paragraph 3 of Article 17 of this Law;

to pay insurance premiums in the amount, manner and terms established by the contract of compulsory insurance;

immediately but no later than five business days, as he has knowledge of the incident of adverse natural phenomenon, which can lead to an insured event, to notify the insurer accessible way (orally, in writing).Post verbally should be subsequently (within seventy-two hours) confirmed in writing. If the policyholder for a valid reason was not able to perform these actions, he must prove it is documented;

ensure that members of the agent of the insurer and appraiser (independent expert) conditions for site inspection, which was unfavorable natural phenomena, not to interfere with their observations of the state of crops and plants until the end of harvesting;

apply to the local executive body of the region (city of regional significance) a statement on the establishment of a commission on the areas exposed to natural hazards:

for short – within three working days from its occurrence;

in long-term – within ten working days after the discovery of its impact on crops when there is a certificate authority Hydrometeorological Service and (or) authorized state body in the area of ​​emergency situations of natural and man-made, confirming the fact of this phenomenon in accordance with their competence;

to insure their property interests in each field crop rotation;

to take measures to reduce the losses of the insured event;

give the insurer the documents listed in paragraph 2 of Article 10 of this Law, necessary to obtain insurance payment.

3. The policyholder has other rights and obligations stipulated by legislative acts of the Republic of Kazakhstan and compulsory insurance contract.

Article 16. Rights and obligations of the agent

1. The agent has the right to:

to develop proposals to improve compulsory insurance in plant growing;

to generalize the experience of compulsory insurance in plant growing;

request the necessary information from the parties for the implementation of the compulsory insurance of their rights and duties assigned to it, including information containing the secret of the insurance.

2. The Agent shall:

bring to insurers and policyholders information about the approved standards of production costs a certain type of crop production;

upon the occurrence of natural hazards in the commission, created at the request of the insurer the local executive body area (city of regional significance), to carry out work to determine the size of the area of ​​crop production exposed to adverse natural phenomena;

to reimburse the insurer, the public part of insurance payments within ten working days of receipt of the documents pursuant to paragraph 2 of Article 13 of this Act in the amount prescribed by this Act;

enter into a contract with the insurer, the company of the procedure and conditions for the partial reimbursement of insurance premiums on the basis of a standard form for reimbursement of insurance claims on insurance cases that have arisen as a result of adverse natural phenomena.

3. The agent has other duties assigned to him by the legislation of the Republic of Kazakhstan.

4. Money insurers, companies are allocated an agent within the period prescribed by paragraph 2 of this article, only after the full execution of the insurer, the company of their obligations under the insurance payment to the imperative of compliance by the insurer, the company conditions of the contract with the agent.

5. Monitoring of the activities of the agent is performed by authorized state bodies in accordance with the laws of the Republic of Kazakhstan.

 

Article 16-1. Rights and obligations of the hydrometeorological service body and (or) authorized state body in the area of ​​emergency situations of natural and man-made

1. The body of hydrometeorological service and (or) authorized state body in the area of emergency situations of natural and man-made disasters have the right to the preparation of certificatesconfirming the fact of adverse natural phenomena, in the case of a dispute to conduct a survey on-site allegedly subjected to unfavorable natural phenomena.

2. The body of hydrometeorological service and (or) authorized state body in the area of ​​emergency situations of natural and man-made disasters must be given a certificate confirming or not confirming the adverse natural phenomenon:

1) the insurer – free of charge, in duplicate, in the short-term – over three days, with the long-term – within five calendar days;

2) The other interested parties – the official written request in the prescribed manner.

 

Article 17. The contract of compulsory insurance

1. Conclusion of the contract of compulsory insurance is mandatory for producers of plant growing products and insurers.

2. The compulsory insurance contract is concluded in writing for not less than five and no more than twelve months in duplicate.

The basis for a contract of compulsory insurance is the statement of the insurer, content requirements which are established by the regulations of the National Bank Act.

3. The term of conclusion of the contract of obligatory insurance for all types of crop production – not later than fifteen calendar days after the date of completion of seeding determined by the local executive body of the district (city of regional significance) in accordance with subparagraph 3) of paragraph 3 of Article 5 of this Law.

4. The compulsory insurance contract terminates in the following cases:

1) expiration of the contract;

2) realization of insurance payment for all insured events that occurred during the term of the contract.

5. The compulsory insurance contract may be terminated prematurely in the cases stipulated by the Civil Code of the Republic of Kazakhstan.

6. The beneficiary under the contract of compulsory insurance in plant growing is the insurer or other person in whose favor the contract.

 

Article 18. Settlement of Disputes

Disputes arising out of the relationship of compulsory insurance in plant cultivation, are considered in the order established by the legislation of the Republic of Kazakhstan.

 

Article 19. Responsibility for violation of legislation of the Republic of Kazakhstan on compulsory insurance in plant growing

Persons found guilty of violating the laws of the Republic of Kazakhstan on compulsory insurance in plant growing shall be liable in accordance with the laws of the Republic of Kazakhstan.

 

Article 20. The order of enactment of this Act

This Law shall enter into force on 1 April 2004.

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