On Compulsory Environmental Insurance

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

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

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) injured person – the person, the life, health and (or) property of whom is harmed in the result of accident environmental pollution;
      2) accident environmental pollution – sudden unintentional environmental pollution caused by accident, occurred upon carrying out environmentally dangerous types of economic and other activity of individuals and (or) legal entities, that is the discharge of harmful substances into air and (or) water or distribution of solid, liquid or gaseous polluting substances on a field of ground surface, in subsoil assets, or creation of smells, noises, vibrations, radiation, or electromagnetic, temperature, light or other physical, chemical, biological adverse effect exceeding the accepted level for this time;
      3) compulsory environmental insurance – a set of relations on property protection of legal interests of individuals and (or) legal entities (insured) upon occurrence of civil responsibility on the obligations created due to the infliction of harm to life, health, property of third parties and (or) environment in the result of its accident pollution;
      4) contract of compulsory environmental insurance – the contract concluded between the insurer and insurant on conditions, determined by this Law;
      5) a gain acquirer – the person that is a receiver of insurance payment in accordance with this Law;
      6) an insurance event – the event in occurrence of which, the contract of compulsory environmental insurance provides making insurance payment;
      7) an insurance amount – the sum of money to which the object of compulsory environmental insurance is insured and that is the limit volume of responsibility of the insurer upon occurrence of the insurance event;
      8) an insurance premium – the sum of money that the insurant shall be obliged to pay to the insurer for receipt of obligation by the latter to make insurance payment to the gain acquirer in amount, determined by the contract of compulsory environmental insurance;
      9) an insurance payment – the sum of money paid by the insurer to the gain acquirer within the insurance amount upon occurrence of insurance event;
      10) an insurer – the legal entity registered as insurance organization and having a license for the right to carry out insurance activity obliged to make insurance payment to the gain acquirer within insurance amount, determined by the contract upon occurrence of insurance event;
      11) an insured person – the person in respect of which the compulsory environmental insurance is carried out;
      12) an insurant – the individual and (or) legal entity carrying out environmental hazardous types of economic and other activity that concluded the contract of compulsory environmental insurance with the insurer;
      13) third parties – the subjects of legal relations involved in procedures arising from the compulsory environmental insurance, and the interests of which are harmed;
      14) an authorized body – the central executive body in the field of environmental protection and its territorial subdivisions;
      15) civil responsibility of individuals and (or) legal entities carrying out environmental hazardous types of economic and other activity – the obligation of individuals and (or) legal entities carrying out environmental hazardous types of economic and other activity established by civil legislation of the Republic of Kazakhstan to compensate for the harm inflicted to life, health, property of third parties and (or) environment in the result of its accident pollution;
      16) environmental hazardous type of economic and other activity – the activity of individuals and (or) legal entities in the result of which the accident environmental pollution happens or may happen.

Article 2. Legislation of the Republic of Kazakhstan on
compulsory environmental insurance

      1. Legislation of the Republic of Kazakhstan on compulsory environmental insurance is based on the Constitution of the Republic of Kazakhstan and consists of Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. This Law shall not apply to legal relations regulated by the Law of the Republic of Kazakhstan “On compulsory insurance of civil responsibility of owners of objects the activity of which is linked with danger of infliction of harm to third parties”.
      3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by this Law, the rules of international treaty shall be applied.

Article 3. Object of compulsory environmental insurance

      The object of compulsory environmental insurance is property interest of the person carrying out environment hazardous types of economic and other activity linked with his (her) obligation established by civil legislation of the Republic of Kazakhstan to compensate the harm inflicted to life, health, property of third parties and (or) environment in the result of its accident pollution.

Article 4. Purpose and principal directions of compulsory
environmental insurance

      1. The purpose of compulsory environmental insurance is compensation for harm inflicted to life, health, property of third parties and (or) environment in the result of its accident pollution.
      2. Principal directions of compulsory environmental insurance are:
      the guarantee of compensation of losses;
      ensuring of fulfilling the obligations by the parties under the contract of compulsory environmental insurance;
      economic stimulation of preventing the accident environmental pollution.

Article 4-1. Special aspects of compulsory
environmental insurance

      1. Legal entity registered as insurance organization shall be obliged to have branches and (or) insurance agents in the capital, cities of republican significance, oblast and district significance before obtaining the license for the right to carry out compulsory environmental insurance.
      2. the activity oriented to restriction or elimination of competition, provision or receipt of unreasonable advantages on conclusion of contracts of compulsory environmental insurance of one insurers before the others, impairment of rights and legal interests of insurants shall not be allowed.
      Footnote. The Law is supplemented by Article 4-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2009 No. 2340-IV.

Article 5. Persons the civil responsibility of whom is subject
to compulsory environmental insurance

      Civil responsibility of individuals and (or) legal entities carrying out environment hazardous types of economic and other activity shall be subject to compulsory environmental insurance.
      The list of environmental hazardous types of economic and other activity shall be determined by the Government of the Republic of Kazakhstan.

Article 6. State control and supervision in the field
of compulsory environmental insurance

      1. State control of performance of obligation by individuals and (or) legal entities carrying out environment hazardous types of economic and other activity on conclusion of the contract of compulsory environmental insurance established by this Law shall be carried out by the authorized body.
      2. State supervision of activity of insurance organizations shall be carried out by the National Bank of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Contract of compulsory environmental insurance
and procedure for its conclusion

      1. Compulsory environmental insurance shall be carried out on the basis of the contract concluded in accordance with this Law and Civil Code of the Republic of Kazakhstan between the insurer and insurant in favor of third parties, lives, health and property of whom and (or) environment may be harmed.
      Individuals and (or) legal entities carrying out environment hazardous types of economic and other activity shall not have the right to carry out their activity without conclusion of the contract of compulsory environmental insurance.
      In existence of more than one owner of the object carrying out environment hazardous type of economic and other activity, the contract of compulsory environmental insurance shall be concluded by any of them with compulsory specification of all the owners of the object as insured persons in insurance policy.
      2. Contract of compulsory environmental insurance shall provide making insurance payment on the obligations occurred due to infliction of harm to life, health, property of third parties and (or) environment upon carrying out of environment hazardous types of economic and other activity by the insurant, with the exception of compensation for moral damage, loss income and payment of a penalty.
      3. Contract of compulsory environmental insurance shall be concluded only with the insurer having a license for the right to carry out the activity on this type (class) of compulsory insurance.
      Insurant is free in choice of the insurer.
      Insurer shall not have the right to refuse in conclusion of the contract of compulsory environmental insurance to the insurant.
      4. Contract of compulsory environmental insurance shall be concluded in written form by issuance of the insurance policy by the insurer to the insurant.
      The ground for conclusion of the contract of compulsory environmental insurance is application of the insurant.
      The insurer shall bear responsibility for insufficiency of conditions subjected to specification in the contract of compulsory environmental insurance.
      In case of dispute on the contract of compulsory environmental insurance due to insufficiency of its separate conditions, the dispute shall be resolved in favor of the insurant.
      5. Insurance policy besides the conditions listed in Article 826 of Civil Code of the Republic of Kazakhstan shall contain the amount of limit volume of responsibility of the insurer for one insurance event.
      Requirements on content and drawing up of the insurance policy on compulsory environmental insurance shall be established by the legislation of the Republic of Kazakhstan.
      Expenses for production of the form of insurance policy and drawing up of its duplicate shall be recompensed by the insurant (insured person), by this the total sum of reimbursed expenses shall not exceed 0,1 monthly calculation index established by the Law on republican budget for the relevant financial year, for the date of filing the application.
      6. If the person that is imposed by the obligation of insuring did not carry it out or concluded the contract of compulsory environmental insurance in conditions degrading the situation of insured person in comparison with that is provided by this Law, this person upon occurrence of the insurance event shall bear responsibility before the insured person at the same conditions on which the insurance payment shall be made upon proper insurance.

Article 8. Validity of the contract of compulsory
environmental insurance

      1. Contract of compulsory environmental insurance shall be valid in respect of persons recognized as injured persons in accordance with this Law.
      2. In case if the insurer the responsibility of whom is subject to compulsory environmental insurance according to Article 5 of this Law insured civil responsibility as the owner of the object the activity of which is linked with danger of inflicting harm to third parties, the contract of compulsory environmental insurance shall be concluded only in a part of insurance for infliction of harm to environment.
      3. Contract of compulsory environmental insurance shall enter into force and be compulsory for the parties from the date established by the contract of compulsory environmental insurance.
      4. Contract of compulsory environmental insurance shall be valid no less than twelve months from the date of its enforcement.
      5. Validity of the contract of compulsory environmental insurance shall be restricted by the territory of the Republic of Kazakhstan, unless otherwise provided by international treaty ratified by the Republic of Kazakhstan.

Article 9. Termination of validity of the contract of
compulsory environmental insurance

      Contract of compulsory environmental insurance shall be considered as terminated in cases of:
      1) expiration of the validity term of the contract;
      2) early termination of the contract;
      3) making insurance payment (insurance payments) by the insurer in amount of insurance amount under the contract of compulsory environmental insurance.

Article 10. Early termination of contract of compulsory
environmental insurance

      1. Contract of compulsory environmental insurance shall be terminated in advance in the manner and in cases provided by the civil legislation of the Republic of Kazakhstan.
      2. Upon early termination of the contract of compulsory environmental insurance, the insurant shall have the right to return of the part of insurance premium in the following amounts:

No
p/p
The period that has preceded since the entry into force of the treaty of mandatory environmental insurance until its early termination The insurance premium retained by the insurer (as a percentage of annual insurance
award)
1 2 3

1.

Up to 1 month inclusive

20

2.

From 1 to 2 months inclusive

30

3.

From 2 to 3 months inclusive

40

4.

From 3 to 4 months inclusive

50

5.

From 4 to 5 months inclusive

60

6.

From 5 to 6 months inclusive

70

7.

From 6 to 7 months inclusive

75

8.

From 7 to 8 months inclusive

80

9.

From 8 to 9 months inclusive

85

10.

From 9 to 10 months inclusive

90

11.

From 10 to 11 months inclusive

95

12.

Over 11 months

100

Article 11. Rights and obligations of the insurant

      1. Insurant shall have the right to:
      1) require explanations of conditions of compulsory environmental insurance, own rights and obligations under the contract of compulsory environmental insurance from the insurer;
      2) receive the duplicate of insurance policy in case of its loss;
      3) involve independent expert for assessment of the size of harm inflicted to life, health, property of the third parties and (or) environment in result of its accident pollution;
      4) familiarize with the results of assessment of the size of inflicted harm and calculations of amount of insurance payment made by the insurer or independent expert;
      5) terminate the contract of compulsory environmental insurance in advance;
      ) contest decision of the insurer on refusal in making insurance payment or decrease of its amount in the manner established by the legislation of the Republic of Kazakhstan;
      7) receive insurance payment in cases provided by this Law.
      Contract of compulsory environmental insurance may provide the other rights of the insurant that are not inconsistent with the legislative acts of the Republic of Kazakhstan.
      2. Insurant shall be obliged to:
      1) pay insurance premium in amount, procedure and terms that established by the contract of compulsory environmental insurance;
      2) inform the insurer on a state of insurance risk;
      3) notify the insurer on occurrence of insurance event;
      4) take rational and available measures in existing circumstances for preventing or decreasing possible losses, as well as measures for saving the property and rendering of assistance to injured persons upon accident environmental pollution;
      5) report to the relevant bodies proceeding from their competence (bodies of the state fire-fighting service, service of emergency call service, accident services) on accident environmental pollution and on injured persons;
      6) ensure transfer of the right of demand to the person being liable for occurrence of insurance event to the insurer.
      Contract of compulsory environmental insurance may provide the other obligations of the insurant not inconsistent with the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2).

Article 12. Rights and obligations of the insurer

      1. Insurer shall have the right to:
      1) require representation of details from the insurant required for conclusion of the contract of compulsory environmental insurance in accordance with this Law, as well as information on previous contracts of compulsory environmental insurance, insurance events and insurance payments upon conclusion of the contract of compulsory environmental insurance, except for the details provided by the Civil Code of the Republic of Kazakhstan;
      2) request the documents confirming the fact of occurrence of the insured case and size of harm inflicted to injured persons from the relevant state bodies and organizations proceeding from their competence;
      3) receive full and trustworthy information from the insurant required for assessment of the risk of environmental pollution on the reasons, sizes and consequences of occurred insurance event;
      4) make an assessment of harm inflicted to environment, damaged (destructed) property of injured person (gain acquirer) for establishment of the reasons and other circumstances of occurrence of the insurance event;
      5) involve the independent expert for assessment of the size of harm inflicted to life, health, property of third parties and (or) environment in the result of its accident pollution and determination of the amount of insurance payment upon occurrence of the insurance event;
      6) conduct own researches of the state of environment and environment hazardous types of economic and other activity carried out by the insurant before and after occurrence of the insurance event;
      7) impose the right of recourse to the person being liable for infliction of harm in cases provided by Article 21 of this Law;
      8) refuse in making insurance payment in full or in part on the grounds provided by Article 22 of this Law.
      Contract of compulsory environmental insurance may provide the other rights of the insurer that are not inconsistent with the legislative acts of the Republic of Kazakhstan.
      2. Insurer shall have the right to:
      1) familiarize the insurant with conditions of compulsory environmental insurance, explain his (her) rights and obligations arising from the contract of compulsory environmental insurance;
      2) issue certificate to the applicant with specification of the list of represented documents and dates of their acceptance;
      3) issue insurance policy to the insurant after conclusion of the contract of compulsory environmental insurance;
      4) register the insurance event immediately upon receipt of report on its occurrence;
      5) make an assessment of size of harm inflicted to life, health, property of third parties and (or) environment in result of its accident pollution, draw up insurance act with specification of calculation of amount of insurance payment and represent it for familiarization to the injured person (gain acquirer) under written application of the insurant or his (her) representative;
      6) make insurance payment upon occurrence of the insurance event in the manner and terms established by this Law;
      7) compensate for expenses to the insurant incurred by him (her) for the purpose of prevention or decreasing the harm upon insurance event;
      8) provide insurance secrecy;
      9) issue a duplicate of insurance policy to the insurant on the basis of his (her) written application in case of loss of the insurance policy;
      10) direct written substantiation of the reasons for refusal in case of taking decision on refusal in insurance payment within ten days from the date of adoption of the decision.
      Contract of compulsory environmental insurance may provide the other obligations of the insurer that are not inconsistent with the legislative acts of the Republic of Kazakhstan.

Article 13. Rights of injured person

      1. Injured person shall have the right to;
      1) report to the insurer on occurrence of insurance event that happened in result of carrying out of environment hazardous types of economic and other activity by the insurant (insured person);
      2) collect the documents instead of the insurant (insured person) required for making insurance payment and represent them to the insurer;
      3) involve the independent expert for assessment of the size of inflicted harm;
      4) familiarize with results of assessment of the size of inflicted harm and calculations of amount of insurance payment made by the insurer or independent expert;
      5) receive insurance payment in the manner and terms established by this Law;
      6) contest decision of the insurer on refusal in making insurance payment or decrease of its amount in the manner established by the legislation of the Republic of Kazakhstan;
      7) submit a requirement to the insurant on compensation of inflicted harm in amount of excess of the sum of inflicted harm over the sum of receive insurance payment.
      2. In accordance with the civil legislation of the Republic of Kazakhstan, the rights of injured person established by paragraph 1 of this Article shall transfer to other persons acting as the gain acquirer.

Article 14. Size of insurance amount

      Size of insurance amount shall be established under agreement of the parties in the contract of compulsory environmental insurance, but the size of insurance amount shall be no less than:
      1) 5000-fold monthly calculation index established by the Law on republican budget for the relevant financial year, on a date of conclusion of the contract of compulsory environmental insurance with individual, that is the individual entrepreneur;
      2) 65000-fold monthly calculation index established by the Law on republican budget for the relevant financial year on a date of conclusion of the contract of compulsory environmental insurance with the legal entity;
      3) 17000-fold monthly calculation index established by the Law on republican budget for the relevant financial year, on a date of conclusion of the contract of compulsory environmental insurance, if the contract of compulsory environmental insurance is concluded only in a part of insurance of civil responsibility for infliction of harm to environment.

Article 15. Amount of insurance premium

      Amount of insurance premium in the contract of compulsory environmental insurance shall be established under agreement of the parties, but the amount of insurance premium shall not exceed:
      1) from 0.76 to 2.56 percent of insurance amount established in the contract of compulsory environmental insurance in cases provided by subparagraphs 1) and 2) of Article 14;
      2) from 0.59 to 2.05 percent of insurance amount established in the contract of compulsory environmental insurance in cases provided by subparagraph 3) of Article 14.

Article 16. Procedure and terms of paying insurance premium

      1. Procedure and terms for paying insurance premium shall be established by the contract of compulsory environmental insurance.
      2. If the contract of compulsory environmental insurance did not provide otherwise, the insurant shall be obliged to pay a penalty to the insurer for untimed payment of regular insurance contribution in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

Article 17. Insurance event

      1. Insurance event according to the contract of compulsory environmental insurance is the fact of occurrence of civil responsibility of the insurant on compensation for harm inflicted to life, health, property of the third parties and (or) environment in the result of its accident pollution.
      2. Proving occurrence of insurance event, as well as the losses inflicted by it shall be on the insurant.
      3. In case of refusal of the insurer to pay insurance payment, the insurance event shall be considered as occurred from the date of entering of the court decision on compensation for harm inflicted by the insurant into legal force.
      4. Amount of insurance payment shall be determined by the insurer proceeding from the sum of demand of the injured person (gain acquirer) or court decision that entered into legal force on compensation for inflicted harm considering the provisions of paragraph 2 of article 7 of this Law.

Article 18. Conduct of environmental audit

      1. Insurant shall have the right to involve the environmental auditors for assessment of harm inflicted to environment in the result of its accident pollution upon occurrence of the insurance event.
      2. Authorized body shall have the right to involve the environmental auditors for assessment of compliance with standards and rules of environmental protection, environmental requirements by the insurant.
      3. Conduct of environmental audit shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.

Article 19. Common conditions of making insurance payment

      1. Requirement on insurance payment to the insurer shall be submitted by the insurant or injured person (gain acquirer) in written form accompanied by the documents required for making insurance payment.
      2. The application on insurance payment shall be accompanied by the following documents:
      1) insurance policy (its duplicate);
      2) act of competent commission created in the manner established by the authorized body, on the reasons, scales of inflicted harm and consequences of insurance event that entailed accident environmental pollution;
      3) copy of the certificate of health care organizations on the term of temporary incapacity for work or certificate of the specialized institutions on establishment of disability of the injured person – in case of its establishment;
      4) notarized copy of death certificate of the injured person and the document confirming the right of the gain acquirer to compensation for harm (copy) – in case of death of the injured person;
      5) documents confirming the expenses incurred by the insurant for the purpose of preventing or decreasing the harm upon occurrence of insured event – in their existence;
      6) in separate cases – court decision that recognized the insurant as liable in occurrence of the insurance event and infliction of harm to third parties with specification of the size of harm subjected to compensation.
      3. Gain acquirer is the injured person, as well as the insurant or other person that compensated for inflicted harm to the injured person (person having the right to compensation for damage) within the volume of responsibility of the insurer and that received the right to insurance payment.
      4. Insurance payment may not exceed the size of harm inflicted to life, health, property of third parties and (or) environment in the result of its accident pollution (actual damage).
      5. Insurance payment for harm inflicted to life, health and (or) property of the injured person shall be made by the insurer independently from the amounts owing on social security, on other contracts of insurance.
      6. Upon written application of the injured person or notarized power of attorney, the insurance payment may be made to a person that rendered (rendering) the services to him (her) on compensation for harm inflicted to health and (or) property in the result of accident environmental pollution.
      7. Upon making insurance payment, the insurer shall not have the right to require acceptance of conditions from the gain acquirer restricting his (her) right of demand to the insurer.

Article 20. Procedure for making insurance payment

      1. Insurance payment shall be made by the insurer within thirty calendar days from the date of receipt of documents by him (her) provided by Article 19 of this Law.
      2. In cases when the amount of insurance payment is contested by the gain acquirer, the insurer shall be obliged to make insurance payment immediately only in a part that is not contested by any of mentioned persons within the term established by paragraph 1 of this Article.
      Contested part of insurance payment shall be paid by the insurer within three business days from the date of conclusion of amicable agreement and its approval by the court or from the date of entering of the court decision into legal force on this dispute, if the decision is not subject to immediate execution by the court.
      3. In case of health impairment (establishment of disability or higher disability group) or death of the injured person that previously received the insurance payment, the insurer shall be obliged to make recalculation of insurance payment on the basis of the application and relevant documents received from the injured person (gain acquirer). By this, the previously paid sums shall be considered offset.
      4. Upon untimed making of insurance payment, the insurer shall be obliged to pay a penalty to the injured person (gain acquirer) in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

Article 21. Right of recourse to the person that inflicted harm

      1. Insurer that made insurance payment shall have the right to recourse to the insurant (insured person) within the paid insurance payment in the following cases:
      1) commission of actions (omission) by the insurant (insured person) recognized in the manner established by the legislative acts of the republic of Kazakhstan as intended criminal or administrative infarctions being in causal relation with the insurance event;
      2) report of knowingly false information by the insurant to the insurer on the object of insurance, insurance risk, insurance event and its consequences;
      3) refusal of the insurant (insured person) from his (her) right of demand to the person being liable for occurrence of insurance event, as well as refusal to transfer the documents to the insurer required for the transfer of the right of demand.
      2. The right of recourse that the insurant has to the person being liable for the harm compensated by the insurer in the result of insurance shall be transferred to the insurer that made insurance payment within the sum paid by him (her).
      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 22. Grounds for release of the insurer from
making insurance payment

      1. Insurer shall have the right to refuse in insurance payment in full or in part if the insurance event occurred due to:
      1) intended actions of the gain acquirer oriented to occurrence of the insurance event or promoting its occurrence, with the4 exception of actions committed in a state of necessary defence and extreme necessity;
      2) actions of the gain acquirer recognized as intended criminal or administrative infractions being in causal relation with the insurance event in the manner established by the legislative acts of the Republic of Kazakhstan.
      2. Grounds for refusal of the insurer in making insurance payment may be also:
      1) receipt of the relevant compensation for harm by the insurant from the person being guilty in infliction of harm;
      2) non-notification or untimely notification of the insurer on occurrence of the insurance event, with the exception of cases provided by this Law;
      3) reporting knowingly false information by the insurant to the insurer on the object of insurance, insurance risk, insurance event and its consequences;
      4) intended non-taking of measures by the insurant on decreasing the losses from insurance event;
      5) impeding in investigation of the circumstances of occurring the insurance event and in establishment of the size of loss inflicted by it by the insurant to the insurer;
      6) refusal of the insurant from his (her) right of demand to the person being liable for occurrence of insurance event, as well as refusal to transfer the documents to the insurer required for the transfer of the right of demand to the insurer. If the insurance compensation is already paid, the insurer shall have the right to demand its return in full or in part.
      3. Non-notification of untimely notification of the insurer on occurrence of the insurance event may not serve as the ground for refusal in insurance payment, if there are reasons that are independent from the will of the insurant, and the relevant documents confirming this fact are represented.
      4. In existence of the grounds for refusal in insurance payment, the insurer within ten business days from the date of submission of requirement shall be obliged to direct the relevant decision on full or partial refusal in insurance payment in written form with the motivated substantiation of the reasons for refusal to the person that applied the requirement on insurance payment.
      5. Insurer shall be released from making insurance payment, if the insurance event occurred due to:
      1) military actions, civil war, public disturbance of any kind, mass disorders or strikes;
      2) emergency situations of natural character.
      6. Insurer shall not have the right to refuse in insurance payment on the grounds not provided by this Article.
      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 23. Procedure for adjudication of disputes

      The disputes arising from relations of the parties on compulsory environmental insurance shall be adjudged in the manner established by the legislation of the Republic of Kazakhstan.

Article 24. Responsibility for breach of the legislation of the
Republic of Kazakhstan on compulsory environmental insurance

      Breach of the legislation of the Republic of Kazakhstan on compulsory environmental insurance shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 25. Order of enforcement of this Law

      This Law enters into force from 1 January 2006.

      The President
      of the Republic of Kazakhstan