ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 19, 2020 No. 257

About approval of acts in the field of compulsory insurance of civil responsibility of owners of vehicles

According to the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Rules of compulsory insurance of civil responsibility of owners of vehicles according to appendix 1;

- Regulations on procedure for creation, functioning of the automated information center and use of the database on compulsory insurance of civil responsibility of owners of vehicles according to appendix 2;

- Regulations on procedure for information exchange of state bodies and other organizations in system of compulsory insurance of civil responsibility of owners of vehicles according to appendix 3.

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

to the Order of the Government of the Kyrgyz Republic of May 19, 2020 No. 257

Rules of compulsory insurance of civil responsibility of owners of vehicles

Chapter 1. General provisions

1. These rules of compulsory insurance of civil responsibility of owners of vehicles determine procedure for realization of the rights and obligations of the Parties by the agreement of compulsory insurance of civil responsibility of owners of the vehicles (further - compulsory insurance) determined by the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles".

Chapter 2. Agreement of compulsory insurance

2. The insurer has the right to choose independently the insurer for the conclusion of the agreement of compulsory insurance from among the insurers having the license for implementation of compulsory insurance in the territory of the Kyrgyz Republic.

3. Insurers have the right to perform insurance activity through insurance intermediaries (agents and brokers).

4. Insurance agent - the authorized representative of the insurer acting from his name and according to its order based on the agency agreement signed between them.

5. Insurance broker - the legal entity performing intermediary activities for insurance on its own behalf based on orders of the insurer or insurer after receipt in accordance with the established procedure of the corresponding license for implementation of insurance broker activity in the territory of the Kyrgyz Republic.

6. The insurer has no right to refuse the conclusion of the agreement of compulsory insurance to the person who filed to it petition for the conclusion of the agreement of compulsory insurance and submitted documents according to the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles".

7. In case of the conclusion of the agreement of compulsory insurance the insurer shall acquaint the insurer with conditions of compulsory insurance, explain its rights and obligations following from the agreement of compulsory insurance.

The insurer has the right to demand from the insurer of explanation of conditions of compulsory insurance, the rights and obligations under the agreement of compulsory insurance.

8. In case of change of risk degree (the change concerning technical characteristics of the vehicle, change in change of persons allowed to control of the vehicle) after the conclusion of the agreement of compulsory insurance the insurer within three working days shall provide to the insurer of the data on these changes.

9. The insurer represents to the automated information center of the data on each signed insurance contract, about amounts of insurance premiums, about insured events, about the amounts of insurance indemnity on property and health, about refusals on insurance indemnities, about not settled claims of the victims, beneficiaries, on each vehicle, about change of the owner, about persons having the right of control of the vehicle by proxy about the happened road accidents, about participants and victims in the road accidents.

10. The insurer shall provide upon the demand of the insurer to him free of charge, in writing, data on the agreement of compulsory insurance, on the performed insurance indemnities, about arrived from the victims, beneficiaries statements and not settled requirements of the victims about insurance indemnities during validity of the compulsory insurance concluded with this insurer.

11. The insurer shall provide the mystery of insurance. The insurer has no right to disclose the agreements of compulsory insurance of the information about the insurer, the owner and drivers of the vehicle, on property status of these persons, except as specified, provided by the Law of the Kyrgyz Republic "About counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities" received by him as a result of the conclusion.

The insurer, depending on sort of the rights violated by it and nature of violation, bears responsibility according to the legislation of the Kyrgyz Republic for violation of mystery of insurance.

12. For the conclusion of the agreement of compulsory insurance or entering of changes into it the insurer shall provide the personal data, personal data of the owner of the vehicle. If the signed agreement of compulsory insurance provides control of the vehicle several drivers specified by the insurer, the insurer shall provide the personal data of each of such drivers including information and data which contain in the statement for the conclusion of the agreement of compulsory insurance and the documents necessary for the insurer for the conclusion of the agreement of compulsory insurance according to the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles".

13. For the conclusion of the agreement of compulsory insurance the insurer submits to the insurer the application for the conclusion of the agreement of compulsory insurance in form according to appendix 1 to these rules, with application of documents, specified in part 7 of article 11 of the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles".

14. The agreement of compulsory insurance is signed for the term of no more than one year and at least 5 days if other is not provided by the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles".

15. The agreement of compulsory insurance is signed in writing by registration and issue of the insurance policy of compulsory insurance to the insurer, in duplicate, in the state and official languages, in form according to appendix 2 to these rules.

The document certifying implementation of compulsory insurance is the insurance policy of compulsory insurance.

16. The authorized state body in the field of supervision and regulation of insurance activity establishes single requirements to design and quality of forms of insurance policies.

Production of forms of insurance policies is performed according to requirements of the regulatory legal acts of the Kyrgyz Republic regulating procedure for production of forms of the strict reporting. The authorized state body in the field of regulation and supervision of insurance activity establishes and fixes numbering of forms of insurance policies for each insurer.

17. The insurer shall provide strict accounting and storage of forms of insurance policies, and also submission to authorized state body in the field of regulation and supervision of insurance activity of the monthly reporting under forms of insurance policies in forms according to appendix 6 to these rules.

18. To the conclusion of the agreement of compulsory insurance, the insurer shall tell in the statement to the insurer the circumstances known to the insurer having essential value for determination of risk degree. The insurer bears responsibility for reliability and completeness of the data provided for the conclusion of the agreement of compulsory insurance including answers to written requests of the insurer.

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