CURRENT ISSUES OF IMPROVEMENT OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON COMPULSORY SOCIAL INSURANCE AGAINST WORK-RELATED ACCIDENTS
DOI:
https://doi.org/10.52026/2788-5291_2023_72_1_24Keywords:
accident, employee, employer, labor relations, industrial injuries, preventive insurance programsAbstract
This publication is devoted to the issues of improving the legislation on compulsory social insurance of accidents related to labor activity (performance of official / labor duties) in the context of the implementation of the standards of the International Labor Organization and the implementation of the Action Plan to ensure safe work until 2025.
The ILO is promoting a proactive paradigm that proposes to transform existing ineffective insurance programs that only respond to accidents and occupational diseases that have already occurred, into proactive programs that play their part in ensuring safe working conditions.
The authors focus on the fact that the current mechanism for insurance of accidents at work, firstly, from the point of view of international standards, is inferior (it lacks a preventive function, and there are three such functions in total, including compensatory and rehabilitation), and secondly, the current institutional the infrastructure is not effective in terms of socially significant effect (reducing industrial injuries, increasing social insurance coverage) because it focuses exclusively on commercial activities.
In addition, the article revealed certain shortcomings of the legal and technical nature of the Law of the Republic of Kazakhstan "On Compulsory Social Insurance against Accidents in the Performance of Official (Labor) Duties" (reference to non-existent labor legislation), the lack of a unified approach in the presentation (definition) of fundamental terms (an accident in the performance of official (labor) duties in the above-mentioned law or an accident related to labor activity).
The scientific and practical significance of this article lies in the development of several new ideas and approaches to improve the current legislation in the field of social insurance against accidents related to work and the modernization of the relevant institutional infrastructure with an emphasis on the implementation of the triune functionality (compensatory, rehabilitation, preventive) insurance programs.
