The officials and civil servants have nothing to worry about. In 2016, the OSAGO policy does not apply to state vehicles—since the subordinate acts and regulations that determine how much budgetary funds will be needed for their insurance have not been developed. However, the first initiative group of car owners, who appealed to the president and parliament with a request to suspend the implementation deadlines of the law, has already been joined by the business community. The National Alliance of Business Associations is asking to return the regulatory legal acts for revision to ensure a balance of interests for all parties involved in the process of mandatory insurance. In their opinion, the drafts of the regulatory legal acts for the implementation of the law "On Mandatory Insurance of Civil Liability of Vehicle Owners" contain numerous deficiencies, errors, inaccuracies, vague formulations, and legal gaps. In particular, the number of reducing coefficients for insurance companies has been altered compared to the standard for achieving accident-free operation by insurers or reducing the number of accidents, while the liability limits for parties involved in accidents have been understated: for harm to life and health, they amount to 200,000 soms, and for property—to 150,000 soms.
To discuss this and other issues, activists, along with experts and representatives of government agencies, held a round table titled "Auto Insurance: A Project with Gross Errors Aimed at Protecting Narrow Group Interests." Lawyers present at the meeting deemed the law as corrupt and predatory.
- As a car owner and potential policyholder, I am concerned that someone wants to reach into our pockets again. At the same time, a basic insurance premium is established, from which all other calculations are made. And it is absolutely unjustified. No data on the structure of this amount has been presented. We conclude that it is pulled out of thin air, - said lawyer Iskender Elakunov. He is also worried about the lack of an established procedure for assessing material damage. - In such a situation, it will be impossible to objectively resolve the issue. Let's imagine a situation: one party in court presents the assessment of one independent appraiser, the other party presents that of another. Then the court simply will not be able to objectively resolve the dispute. Everything will be subjective. The insurance arbitrator cannot also be objective while their appointment and funding depend on insurance companies, as provided in the regulations. Insurance arbitrators are granted extended powers. And this is a corruption-generating factor!
Representatives of the relevant services, particularly the Ministry of Justice, assured that all precedents would be considered in accordance with the law, and in disputed cases, new methodologies and experiences from other countries where OSAGO is already functioning would be used. However, the system is not perfect even there: every year, about 300,000 lawsuits related to OSAGO, involving disputed issues and violations of the rights of parties, are considered in the EAEU countries.
Meanwhile, the situation with OSAGO is also concerning the Jogorku Kenesh. Representative of "Ata Meken" Alambet Shykmamatov assured on the air of the "Parliament" radio that he will initiate a law to abolish mandatory car insurance.
- Overall, I support auto insurance. But this law is aimed at squeezing money from the people. For example, if a tree falls on a car or someone scratches it, the insurance company will not pay a dime. If one car in a family is used by four people, the policy will cost more. This is wrong… And in the case of an accident, both parties should receive compensation. In Kyrgyzstan, however, money will only be allocated after the culprit of the accident is determined, and nothing will be paid to the culprit. Therefore, I will prepare a draft law to abolish OSAGO, - promised Shykmamatov.