Two laws, twenty years: how has insurance legislation in Uzbekistan been renewed?
The 2002 Law "On Insurance Activities" was the main document of the insurance market for nearly twenty years, and from 2022 a new law took its place. Dates, the concepts introduced in the new law, and a hypothetical calculation of co-insurance.
Whether an insurance company can pay out on your policy depends largely on what requirements the law places on it. Over the past twenty years in Uzbekistan these requirements have been gathered in two comprehensive laws: in 2002 and in 2021.
Key points
- The 2002 law. The Law "On Insurance Activities" was adopted on 5 April 2002 as No. 358-II (Spinform database). On the same day the Oliy Majlis adopted Resolution No. 359-II on putting it into effect (LexUZ).
- The law said what insurance is. Article 3 of the 2002 law gave a definition of the concept of insurance. Its general meaning: when an insured event occurs, persons' interests are protected through a payment from the monetary funds accumulated by the insurer.
- The path of the new law. The new Law "On Insurance Activities" was adopted by the Legislative Chamber on 15 June 2021 and approved by the Senate on 27 August 2021 (LexUZ). The President signed it on 23 November 2021 as No. ZRU-730, and it was set to come into force three months later (GRATA International).
- The changeover date. The 2002 law and the resolution on putting it into effect lost force from 25 February 2022 (Spinform, LexUZ). Thus the 2002 law was in effect for nearly twenty years.
- New concepts. According to the GRATA International commentary, the new law introduced the concepts of reinsurance, co-insurance, insurance pools, prudential standards and cross-border insurance ("insurance pools" here in the sense of an association of insurers). When the law was adopted, the Insurance Market Development Agency under the Ministry of Finance was named as the authorised state body.
- The boundary is clearly drawn. Under Article 1 of the new law, it does not apply to relations connected with state social insurance and state health insurance. In other words, this law is mainly about the insurance market, that is, insurance companies and their clients.
Then and now
| Aspect | The 2002 law | The 2021 law (in force from 2022) |
|---|---|---|
| Number and date | 358-II, 5 April 2002 | ZRU-730, 23 November 2021 |
| Period in effect | 2002 – February 2022 | From 25 February 2022 |
| Putting into effect | Resolution of the Oliy Majlis No. 359-II (the same day) | Three months after signing |
| Stages of adoption | — | Legislative Chamber 15 June 2021, Senate 27 August 2021 |
| Concepts introduced by the new law | — | Reinsurance, co-insurance, insurance pools, prudential standards, cross-border insurance |
Example: how do three insurers share one risk?
The example below was compiled by the author; the figures are hypothetical (not a current tariff).
The hypothetical "Zarafshon to'qimachilik" textile company wants to insure its warehouse for 10 billion soum. For one company this risk is large, so three insurers agreed to co-insure it: "A" 50%, "B" 30%, "C" 20%. The hypothetical tariff is 1.2% a year.
| Insurer | Share | Liability | Premium (1.2%) | Payment for a 2 billion soum loss |
|---|---|---|---|---|
| "A" | 50% | 5 billion soum | 60 million soum | 1 billion soum |
| "B" | 30% | 3 billion soum | 36 million soum | 600 million soum |
| "C" | 20% | 2 billion soum | 24 million soum | 400 million soum |
| Total | 100% | 10 billion soum | 120 million soum | 2 billion soum |
Check: 10 billion × 1.2% = 120 million soum; 60 + 36 + 24 = 120 million soum; 1 000 + 600 + 400 = 2 000 million soum. Each insurer receives a premium according to its share and also covers the loss in the same share. The difference from reinsurance: here the company is directly linked with all three insurers, while in reinsurance the client sees only one company, which passes part of the risk on to another company.
Link with the previous period: in the 20th century insurance became mass through state social insurance and compulsory motor insurance; Uzbekistan's laws, by contrast, regulate the commercial insurance market separately. The next stage: the digital policy and online insurance services.
See also
- From the life table to the state pension: how did insurance become available to everyone?
- From a one-cylinder car to the compulsory policy: how did motor insurance come about?
- A policy on your smartphone: how has insurance changed in the 21st century?
- Reinsurance
- Insurer
- Insurance premium
- Sum insured
- Insurance section
Sources
- Spinform (CIS legislation database): Law of the Republic of Uzbekistan "On Insurance Activities", 5 April 2002, No. 358-II · date and number of the law; it lost force from 25 February 2022 under Law No. ZRU-730 of 23 November 2021; the definition of insurance in Article 3 (in the wording introduced by Law No. ZRU-323 of 11 April 2012)
- LexUZ: Resolution of the Oliy Majlis No. 359-II of 5 April 2002 (putting the Law on Insurance Activities into effect) · the resolution was adopted on 5 April 2002 and lost force from 25 February 2022
- GRATA International: There have been adopted the Law "On insurance activities" in new edition in Uzbekistan · the President signed the new Law No. ZRU-730 on 23 November 2021, to come into force three months later; the concepts of reinsurance, co-insurance, insurance pools, prudential standards and cross-border insurance were introduced; the Insurance Market Development Agency under the Ministry of Finance was named as the authorised body
- LexUZ: Law of the Republic of Uzbekistan "On Insurance Activities" (No. ZRU-730) · adopted by the Legislative Chamber on 15 June 2021, approved by the Senate on 27 August 2021; under Article 1, the law does not apply to relations in state social insurance and state health insurance
- The "Zarafshon to'qimachilik" example and the "then and now" table · compiled by the author, hypothetical figures (not a current tariff); the calculation was checked with Python