RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 24, 2008 No. 141

About measures for implementation of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of owners of vehicles"

According to the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of owners of vehicles" and for the purpose of ensuring full functioning of obligatory civil liability insurance of owners of vehicles the Cabinet of Ministers decides:

1. Determine insurance sum by obligatory civil liability insurance of owners of vehicles (further - compulsory insurance) in the amount.

2. Create Fund of guaranteeing payments for obligatory civil liability insurance of owners of vehicles (further - Fund) which main objectives are:

ensuring the guaranteed compensation by the victim of the harm done to them when using vehicles by implementation of compensation payments according to the legislation on compulsory insurance;

financial provision of system of support of separate categories of the citizens having the right to discounts on insurance premiums according to the legislation on compulsory insurance, by compensation of the specified discounts;

forming of the information database about compulsory insurance including containing data on agreements of compulsory insurance, insured events, personal data about insurers and the victims, the organization of exchange of the specified data between insurers and Fund with providing the requirements about the mystery of insurance established by the legislation;

development and approval under approval of specially authorized state body on regulation and supervision of insurance activity of the rules regulating activities of Fund for realization of the main objectives assigned to it.

3. Approve:

Regulations on Fonda of guaranteeing payments for obligatory civil liability insurance of owners of vehicles according to appendix No. 1;

structure of the supervisory board and structure of directorate of Fund according to appendices No. No. 2 and 3.

4. To the Ministry of Finance of the Republic of Uzbekistan together with the supervisory board of Fund, insurers in two weeks to develop and approve the actions plan providing:

reduction till October 21, 2008 of the activities by the insurers performing compulsory insurance in compliance with licensed requirements and conditions, stipulated by the legislation about insurance activity, and also the termination since October 22, 2008, in accordance with the established procedure, actions of licenses of the insurers who did not bring the activities into accord with the specified licensed requirements and conditions;

ensuring state registration of Fund, placement of directorate of Fund and equipment with its necessary equipment and means of communication, the conclusion with Fund of written agreements with all insurers performing compulsory insurance, and also forming by Fund by October 21, 2008 of means in the amount necessary for implementation of the tasks assigned to it;

creation on all territory of the republic of extensive network of branches and other separate divisions of insurers for the organization of compulsory insurance;

carrying out broad explanatory work through mass media about the entered procedure for compulsory insurance, and also the organization of training courses and seminars for employees of the insurers.

5. Approve Rules of obligatory civil liability insurance of owners of vehicles according to appendix No. 4.

6. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 21.02.2022 No. 80

7. Recognize invalid:

the resolution of the Cabinet of Ministers of December 30, 1994 No. 632 "About obligatory civil liability insurance of owners of vehicles and other self-propelled machines and mechanisms in the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 1994, No. 12, the Art. 56);

Item V of appendix No. 3 to the resolution of the Cabinet of Ministers of November 27, 2002 No. 413 "About measures for further market development of insurance services" (the joint venture of the Republic of Uzbekistan, 2002, No. 11, the Art. 72).

8. Determine that operation of agreements of obligatory civil liability insurance of owners of the vehicles and other self-propelled machines and mechanisms concluded in 2008 according to the resolution of the Cabinet of Ministers of December 30, 1994 No. 632, is considered ahead of schedule stopped from the date of loss of force of the specified decision of the Government, with preserving obligations of insurers on payment of insurance indemnity on the insured events which came before the specified date.

9. To the Ministry of Justice together with the Ministry of Finance of the Republic of Uzbekistan, other interested ministries and departments to bring departmental regulations into accord with this resolution in a month.

10. Items 1, of 5, 7 and 8 these resolutions become effective from the date of entry into force of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of owners of vehicles".

11. To impose control over the implementation of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Azimov R. S.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 24, 2008 No. 141

Regulations on Fonda of guaranteeing payments for obligatory civil liability insurance of owners of vehicles

I. General provisions

1. The fund of guaranteeing payments for obligatory civil liability insurance of owners of vehicles (further - Fund) is created for the purpose of guaranteeing payments for obligatory civil liability insurance of owners of vehicles (further - compulsory insurance), and also forming and maintaining the Unified information system on all types of insurance.

2. In the activities the Fund is guided by the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of owners of vehicles", other acts of the legislation, and also this Provision.

3. The fund is non-profit organization, has separate balance, accounts in banks of the Republic of Uzbekistan, including in foreign currency, round stamp with the image of the State Emblem of the Republic of Uzbekistan and with the name, stamps and forms.

The fund has no right to be engaged in financial assistance and charity, and also to act as the founder (participant) of legal entities and to participate in the authorized capital of insurance companies.

3-1. Name Fonda:

in state language:

complete - "Vositalara transport egalarining фукаролик zhavobgarligin of mazhburiya of sugurt килиш buyicha of tulovlarna кафолатлаш zhamgarmas";

reduced - "Sugurta of tulovlarina кафолатлаш zhamgarmas";

in English:

complete - "The Fund of guaranteeing payments on compulsory insurance of civil liability of vehicle owners";

reduced - "Fund of guaranteeing insurance payments";

in Russian:

complete - "Fund of guaranteeing payments for obligatory civil liability insurance of owners of vehicles";

reduced - "Fund of guaranteeing insurance payments

4. The fund answers for the obligations all the property.

II. Main objectives and functions of Fund

5. The main objectives of Fund are:

ensuring the guaranteed compensation by the victim of the harm done to them when using vehicles by implementation of compensation payments according to requirements of the legislation on obligatory civil liability insurance of owners of vehicles;

financial provision of system of support of separate categories of the citizens having the right to discounts on insurance premiums according to the legislation on obligatory civil liability insurance of owners of vehicles, by compensation of the specified discounts;

creation of the Unified information system by all types of compulsory and voluntary insurance containing including data on insurance contracts on these types of insurance, insured events, forming of personal data about insurers and the victims, and also the organization of exchange of the specified data between authorized state bodies, insurers and Fund, with providing the requirements about the mystery of insurance established by the legislation;

development and approval under approval of specially authorized state body on regulation and supervision of insurance activity (further - specially authorized state body) the rules regulating activities of Fund for realization of the main objectives assigned to it by the legislation;

forming and maintaining the Unified information system on realization and execution of E-policies and also on all types of insurance, containing personal data according to E-policies, insured events, insurers and the victims, the organization of data exchange with authorized state bodies on control of accomplishment of obligations by all types of compulsory and voluntary insurance.

6. For the purpose of accomplishment of objectives the Fund performs the following functions:

performs compensation payments to the victims in accordance with the established procedure, and also realizes recourse requirements;

compensates the discounts on insurance premiums provided by insurers of category of persons having the right to the specified discounts according to the legislation;

coordinates ensuring exchange of data by all types of compulsory and voluntary insurance between the relevant ministries and departments, and also insurers;

renders the interactive services connected with implementation of all types of compulsory and voluntary insurance and permission of insured events and also creates information systems;

in case of identification of the fact of restriction of use of possibility of rendering service at any stage of rendering insurance services in electronic form this circumstance is studied by Fund, with the subsequent complete or partial suspension of integration between information system of the Insurance company and unified information system of Fund to complete recovery of possibility of rendering service;

creates insurance statistics on all types of compulsory and voluntary insurance;

performs information and analytical activities for all types of compulsory and voluntary insurance, including on paid basis by request;

performs with specially authorized state body permanent exchange of information, necessary for implementation of the powers by Fund;

performs with insurers exchange of data of all types of compulsory and voluntary insurance, with providing the requirements about the mystery of insurance established by the legislation;

creates annual and quarter forecasts for receipt and expenditure of fund;

develops and submits for consideration of specially authorized state body of suggestion for improvement of the legislation on obligatory civil liability insurance of owners of vehicles;

performs international backgrounds, studies and makes use of foreign experience in area of all types of compulsory and voluntary insurance of responsibility of owners of vehicles.

The fund can perform other functions according to its tasks and the legislation.

III. Rights and obligations of Fund

7. The fund has the right:

obtain in accordance with the established procedure information from insurers on the number of the signed agreements of compulsory insurance, the sizes of collected insurance premiums, obligations and the paid insurance indemnities;

perform information and analytical activities for all types of compulsory and voluntary insurance, including on paid basis by request;

according to the procedure, provided by this Provision to place fund.

The fund can have other rights according to the tasks assigned to it and the legislation.

8. The fund shall:

represent to specially authorized state body financial and other reporting in form and to the terms established by this body;

provide effective and target use of fund;

to quarterly publish the list of participating insurers in mass media;

at the request of the special representative of body to provide the relevant information by all types of compulsory and voluntary insurance.

The fund can perform other duties according to its tasks and the legislation.

IV. Procedure for forming of property of Fund and use of its means

9. The property of Fund is created for the account:

one-time and calendar fees of the insurers performing activities for obligatory civil liability insurance of owners of vehicles;

the lump sum payments performed for use of the Unified information system and the organization of mutual exchange of information within this system, and also periodical payments on financial provision and support of full activities of system;

means from realization by Fund of the right of regress and subrogation concerning persons responsible for the damage caused to the victims;

income gained from placement of money of Fund;

income gained from implementation of information and analytical activities for all types of compulsory and voluntary insurance on paid basis by request;

other receipts which are not prohibited by acts of the legislation.

10. The one-time fee of the insurer performing activities for obligatory civil liability insurance of owners of vehicles in Fund constitutes percent 0,1 from the minimum size of authorized capital of the insurer established by the legislation on the date of contributing to Fund.

The calendar fee represents the money which is quarterly listed in Fund by the insurers performing activities for obligatory civil liability insurance of owners of vehicles. The size of calendar fee is established by the supervisory board of Fund for approval of specially authorized state body proceeding from surplus amount for reporting quarter of total insurance sum under the agreements of compulsory insurance signed by the insurer.

Payment of calendar fees by insurers stops in case of achievement of the amount of the paid calendar fees of the size established by the supervisory board of Fund for approval of specially authorized state body proceeding from total insurance sum under agreements of compulsory insurance. In case of change of cumulative insurance sum under agreements of compulsory insurance the amount of the calendar fees brought by the insurer in Fund is subject to recalculation.

11. The one-time fee of the insurer in Fund for use of the Unified information system and the organization of mutual exchange of information within this system constitutes percent 0,1 from the minimum size of authorized capital of the insurer established by the legislation on the date of contributing to Fund.

At the same time this fee is not performed by the insurers who signed with Fund the written agreement about membership in it.

Periodical payments of the insurer in Fund on financial provision and support of full activities of the Unified information system represent the money which is quarterly listed by insurers in Fund.

The amount of periodical payment is established by the supervisory board of Fund for approval of specially authorized state body.

12. Suspension of action of the license for the right of implementation of activities for compulsory insurance does not exempt the insurer from payment of calendar fees in Fund.

In case of change of rate of calendar fee the Fund shall report to insurers about it not later than thirty days to the following payment due date.

13. Fund is used only on:

implementation of compensation payments;

compensation of discounts on insurance premiums on compulsory insurance;

content of directorate of Fund;

implementation of other tasks of Fund, stipulated in Item 5th this provision.

The fund intended for financing of compensation payments and compensation of discounts on insurance premiums stands apart from other property of Fund, on them separate account is kept and the separate bank account is opened.

14. Content of directorate of Fund it is performed by fund based on the expense budget approved by the supervisory board of Fund.

15. In the presence of temporarily free part of fund the supervisory board of Fund can annually approve the directions and amounts of investment of these means. Investment of the specified fund is performed on the terms of diversification, recoverability, profitability and liquidity.

16. The income of Fund (except for the percent assessed at payment sources from the means placed in commercial banks) received from placement of its means in government securities and other assets are not the taxation object.

17. If sponsors or grantors to Fund provide means with indication of the purposes and conditions of their use answering the purpose and tasks of Fund, these means shall be used according to instructions of sponsors or grantors.

18. In case of voluntary exit from Fund in connection with the voluntary termination of activities for compulsory insurance, and also in case of exception of it for failure to carry out by the insurer of obligations to Fund the fees paid by the insurer to Fund do not return.

19. By specially authorized state body requirements for minimum amount of the means which are on the bank account of Fund for financing of compensation payments and compensation of discounts on insurance premiums can be established.

V. Procedure for the conclusion of the written agreement of insurers with Fund and their exceptions of membership

20. For the conclusion of the written agreement with Fund the insurer shall submit the application, the copy of the payment order confirming payment of one-time fee in the established size in Fund.

21. The fund notifies specially authorized state body on the signed written agreements and entering of one-time fee by insurers into Fund.

22. Insurers shall notify in writing Fund in case:

changes of trade name and (or) insurer's location;

decision makings about reorganization or liquidation of the insurer.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info