Article 14. Public administration in railway transport Chapter 2. Railway Transport Management of the Railway Transport Act
1. The competence of the Government of the Republic of Kazakhstan in the field of railway transport includes:
1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);
2) determination of the status of the National Railway Company;
3) - 14) are excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
15) making decisions on the prohibition of transit passenger traffic on the territory of the Republic of Kazakhstan;
15-1) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
16) excluded by the Law of the Republic of Kazakhstan dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication).
17) - 22-4) are excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
23) performing other functions assigned to him by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
2. The competence of the authorized body includes:
1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication); 2) excluded by the Law of the Republic of Kazakhstan dated 01/13/2014 No. 159-V (effective after ten calendar days after the date of its first official publication);
2-2) making decisions on the restriction of transportation, on prohibitions on the import, export, transit of baggage, cargo and baggage to (from) the territory of the Republic of Kazakhstan;
2-1) approval of the rules for the implementation of particularly important transportation;
3) approval of the list of station tracks, power supply facilities, alarm systems, communications, devices, equipment, buildings, structures, and other facilities technologically necessary for the operation of the mainline railway network, in coordination with the state body responsible for the management of natural monopolies;
4) approval of the Rules of technological interaction of participants in the transportation process;
5) state control over compliance by individuals and legal entities with the requirements of regulatory legal acts of the Republic of Kazakhstan defining the procedure for the functioning of railway transport, identification and taking measures to curb their violations;
6) development of the procedure for state registration of rolling stock;
7) determination of the procedure and measures for securing obligations under contracts for the organization of transportation and (or) performance of services related to transportation;
8) suspension and termination of operation of facilities of the main railway network, railway tracks and rolling stock, the condition of which does not meet the established requirements of traffic safety and environmental protection;
9) approval of the list of goods to be escorted by paramilitary guards during transportation by rail;
10) implementation of international cooperation;
11) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);
12) approval of the procedure for awarding railway transport workers with a badge of professional distinction;
13) formation of statistical information on violations of traffic safety requirements;
14) consideration, within its competence, of issues of administrative offences;
15) approval of instructions on signaling in railway transport;
16) determination of the procedure for the provision of freight forwarder services;
17) determining the procedure for providing services to wagon (container) operators;
18) determination of the procedure for the provision of locomotive traction services;
19) approval of the rules of technical operation, maintenance and repair of railway tracks;
19-1) development and approval of rules for inclusion and exclusion of mainline, station tracks and other objects of the mainline railway network from the list of mainline, station tracks and other objects technologically necessary for the functioning of the mainline railway network;
20) approval of the list of operations included in the services of the mainline railway network, in coordination with the state body responsible for the management of natural monopolies;
21) approval of the list of operations included in the services of access roads, in coordination with the state body responsible for the management of natural monopolies;
22) approval of the list of classification of rolling stock, special rolling stock;
23) approval of instructions on train movement and shunting operations in railway transport;
24) approval of the rules for extending the service life of rolling stock;
25) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);
26) approval of the Rules for determining the size and mode of use of lands in protected areas and the use of land for the needs of railway transport in the right-of-way;
26-1) approval of the Rules for organizing the sale of travel documents (tickets) on railway transport in the Republic of Kazakhstan;
27) approval of the rules of technical operation, maintenance and repair of railway crossings;
28) approval of the list of positions (professions) of employees of the state control in railway transport who have the right to wear uniforms (without shoulder straps), their patterns, the order of wearing and insignia;
29) approval of the procedure for accounting and reporting on the transportation of passengers, baggage, baggage, cargo and on the use of rolling stock during transportation;
30) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);
31) investigation of crashes and accidents on railway transport in the territory of the Republic of Kazakhstan;
31-1) investigation of events on railway transport that led to the derailment of rolling stock on a passenger train in the territory of the Republic of Kazakhstan;
32) approval of terms related to train movement;
33) determination of the procedure and conditions for hitching and running rolling stock in passenger trains;
33-1) development and approval of rules for long-term subsidization of locomotive traction operator's expenses in passenger traffic for socially significant messages;
33-2) development and approval of a methodology for determining the volume of long-term subsidization of locomotive traction operator expenses in passenger traffic based on socially significant messages;
34) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);
34-1) approval of technical and technological standard norms for the consumption of raw materials, spare parts, equipment, fuel, energy, and technical losses of natural monopoly entities in railway transport;
34-2) approval of the list of railway stations according to their class;
34-3) approval, in coordination with the central authorized body for budget planning, of in-kind standards for providing employees of state control in railway transport with uniforms (without shoulder straps);
34-4) determination of the procedure for providing paramilitary protection of goods during transportation by rail;
34-5) determination of the list of socially significant passenger inter-regional communications;
34-6) determination of the procedure for special transportation;
34-7) approval of the list of main routes included in the mainline railway network;
34-8) approval of the rules for the transfer of facilities built at the expense of individuals and legal entities to the main railway network;
34-9) approval of the rules for the organization of passenger transportation in interregional and international communications;
34-10) approval of the rules for the use of the mainline railway network;
34-11) approval of safety regulations in railway transport;
34-12) approval of the rules of technical operation of railway transport;
34-13) approval of qualification requirements for the carriage of goods by rail;
34-14) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (effective twenty-one calendar days after the date of its first official publication);
34-15) approval of the rules for the carriage of passengers, baggage, baggage and mail by rail;
34-16) approval of the rules for access to the automated passenger transportation management system and technological interaction in the organization of the sale of travel documents (tickets);
34-17) approval of the rules for the location of passengers, citizens and the placement of facilities in high-risk areas of railway transport, work in them, travel and crossing railway tracks;
34-18) development and approval of the rules for conducting a tender based on an open tender to identify carriers carrying passengers on socially significant routes, whose expenses are subject to long-term subsidization from budgetary funds;
Article 14. Public administration in railway transport Chapter 2. Railway Transport Management of the Railway Transport Act
1. The competence of the Government of the Republic of Kazakhstan in the field of railway transport includes:
1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);
2) determination of the status of the National Railway Company;
3) - 14) are excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
15) making decisions on the prohibition of transit passenger traffic on the territory of the Republic of Kazakhstan;
15-1) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
16) excluded by the Law of the Republic of Kazakhstan dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication).
17) - 22-4) are excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);
23) performing other functions assigned to him by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
2. The competence of the authorized body includes:
1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication); 2) excluded by the Law of the Republic of Kazakhstan dated 01/13/2014 No. 159-V (effective after ten calendar days after the date of its first official publication);
2-2) making decisions on the restriction of transportation, on prohibitions on the import, export, transit of baggage, cargo and baggage to (from) the territory of the Republic of Kazakhstan;
2-1) approval of the rules for the implementation of particularly important transportation;
3) approval of the list of station tracks, power supply facilities, alarm systems, communications, devices, equipment, buildings, structures, and other facilities technologically necessary for the operation of the mainline railway network, in coordination with the state body responsible for the management of natural monopolies;
4) approval of the Rules of technological interaction of participants in the transportation process;
5) state control over compliance by individuals and legal entities with the requirements of regulatory legal acts of the Republic of Kazakhstan defining the procedure for the functioning of railway transport, identification and taking measures to curb their violations;
6) development of the procedure for state registration of rolling stock;
7) determination of the procedure and measures for securing obligations under contracts for the organization of transportation and (or) performance of services related to transportation;
8) suspension and termination of operation of facilities of the main railway network, railway tracks and rolling stock, the condition of which does not meet the established requirements of traffic safety and environmental protection;
9) approval of the list of goods to be escorted by paramilitary guards during transportation by rail;
10) implementation of international cooperation;
11) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);
12) approval of the procedure for awarding railway transport workers with a badge of professional distinction;
13) formation of statistical information on violations of traffic safety requirements;
14) consideration, within its competence, of issues of administrative offences;
15) approval of instructions on signaling in railway transport;
16) determination of the procedure for the provision of freight forwarder services;
17) determining the procedure for providing services to wagon (container) operators;
18) determination of the procedure for the provision of locomotive traction services;
19) approval of the rules of technical operation, maintenance and repair of railway tracks;
19-1) development and approval of rules for inclusion and exclusion of mainline, station tracks and other objects of the mainline railway network from the list of mainline, station tracks and other objects technologically necessary for the functioning of the mainline railway network;
20) approval of the list of operations included in the services of the mainline railway network, in coordination with the state body responsible for the management of natural monopolies;
21) approval of the list of operations included in the services of access roads, in coordination with the state body responsible for the management of natural monopolies;
22) approval of the list of classification of rolling stock, special rolling stock;
23) approval of instructions on train movement and shunting operations in railway transport;
24) approval of the rules for extending the service life of rolling stock;
25) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);
26) approval of the Rules for determining the size and mode of use of lands in protected areas and the use of land for the needs of railway transport in the right-of-way;
26-1) approval of the Rules for organizing the sale of travel documents (tickets) on railway transport in the Republic of Kazakhstan;
27) approval of the rules of technical operation, maintenance and repair of railway crossings;
28) approval of the list of positions (professions) of employees of the state control in railway transport who have the right to wear uniforms (without shoulder straps), their patterns, the order of wearing and insignia;
29) approval of the procedure for accounting and reporting on the transportation of passengers, baggage, baggage, cargo and on the use of rolling stock during transportation;
30) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);
31) investigation of crashes and accidents on railway transport in the territory of the Republic of Kazakhstan;
31-1) investigation of events on railway transport that led to the derailment of rolling stock on a passenger train in the territory of the Republic of Kazakhstan;
32) approval of terms related to train movement;
33) determination of the procedure and conditions for hitching and running rolling stock in passenger trains;
33-1) development and approval of rules for long-term subsidization of locomotive traction operator's expenses in passenger traffic for socially significant messages;
33-2) development and approval of a methodology for determining the volume of long-term subsidization of locomotive traction operator expenses in passenger traffic based on socially significant messages;
34) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);
34-1) approval of technical and technological standard norms for the consumption of raw materials, spare parts, equipment, fuel, energy, and technical losses of natural monopoly entities in railway transport;
34-2) approval of the list of railway stations according to their class;
34-3) approval, in coordination with the central authorized body for budget planning, of in-kind standards for providing employees of state control in railway transport with uniforms (without shoulder straps);
34-4) determination of the procedure for providing paramilitary protection of goods during transportation by rail;
34-5) determination of the list of socially significant passenger inter-regional communications;
34-6) determination of the procedure for special transportation;
34-7) approval of the list of main routes included in the mainline railway network;
34-8) approval of the rules for the transfer of facilities built at the expense of individuals and legal entities to the main railway network;
34-9) approval of the rules for the organization of passenger transportation in interregional and international communications;
34-10) approval of the rules for the use of the mainline railway network;
34-11) approval of safety regulations in railway transport;
34-12) approval of the rules of technical operation of railway transport;
34-13) approval of qualification requirements for the carriage of goods by rail;
34-14) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (effective twenty-one calendar days after the date of its first official publication);
34-15) approval of the rules for the carriage of passengers, baggage, baggage and mail by rail;
34-16) approval of the rules for access to the automated passenger transportation management system and technological interaction in the organization of the sale of travel documents (tickets);
34-17) approval of the rules for the location of passengers, citizens and the placement of facilities in high-risk areas of railway transport, work in them, travel and crossing railway tracks;
34-18) development and approval of the rules for conducting a tender based on an open tender to identify carriers carrying passengers on socially significant routes, whose expenses are subject to long-term subsidization from budgetary funds;
34-19) development and approval of rules for long-term subsidization of the carrier's expenses related to the transportation of passengers on socially significant messages;
34-20) approval of the rules for the organization of railway stations;
34-21) approval of the methodology for determining the class of railway stations;
34-22) development and approval of a methodology for determining marginal price levels (tariffs) for passenger transportation services based on socially significant messages;
34-23) development and approval of a methodology for determining the volume of long-term subsidization of the costs of carriers carrying passengers on socially significant messages;
34-24) approval of technical regulations for objects of technical regulation in railway transport and processes of its life cycle;
34-25) determining the procedure for interaction of the National Railway Company and carriers with government agencies in the course of transportation;
34-26) development and approval of a model contract for long-term subsidization of the carrier's expenses related to the transportation of passengers on socially significant messages;
34-27) development and approval of rules for subsidizing interest rates in lending and financial leasing for the purchase of wagons and locomotives;
34-28) development and approval of a model agreement for subsidizing the interest rate for lending and financial leasing for the purchase of wagons and locomotives;
34-29) subsidizing interest rates in lending and financial leasing for the purchase of wagons and locomotives;
34-30) maintenance of the State Register of Rolling Stock;
34-31) consideration of draft standardization documents within the scope of competence, as well as preparation of proposals for the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations on standardization for submission to the authorized body in the field of standardization;
34-32) issuance of a security certificate;
34-33) approval of the rules for the carriage of goods by rail;
34-34) approval of the rules for investigating traffic safety violations in railway transport;
34-35) approval of the security certificate form;
34-36) approval of the rules for the development of unified technological processes for the operation of access roads and junction stations;
34-37) approval of standard contracts between the carrier and the forwarder on the organization of freight transportation by rail;
34-38) approval of the rules of technical operation, maintenance and repair of artificial structures;
34-39) approval of the rules of technical operation, maintenance and repair of rolling stock;
34-40) development and approval of rules for subsidizing coupon interest rates on carrier bonds issued for the development of the mainline railway network and rolling stock of railway transport;
34-41) development and approval of a model agreement for subsidizing the coupon rate on carrier bonds issued for the development of the mainline railway network and rolling stock of railway transport;
34-42) development and approval of rules for subsidizing interest rates in lending and financial leasing for the modernization of railway tracks;
34-43) development and approval of a model agreement for subsidizing the interest rate in lending and financial leasing for the modernization of railway tracks;
34-44) subsidizing interest rates in lending and financial leasing for the modernization of railway tracks;
35) exercising other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
3. The competence of local representative bodies of regions, cities of republican significance and the capital in the field of railway transport includes:
1) approval of the list of socially significant passenger inter-district (intercity intra-regional) and suburban services;
2) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);
3) exercising other powers in accordance with the legislation of the Republic of Kazakhstan to ensure the rights and legitimate interests of citizens.
4. The competence of local executive bodies of regions, cities of republican significance, and the capital in the field of railway transport includes:
1) making decisions on the organization of passenger transportation in inter-district (intercity intra-regional) and suburban services, except in cases when such a decision is made by the carrier;
2) making decisions on the temporary suspension of transportation in case of emergency;
3) long-term subsidization of the carrier's expenses related to the transportation of passengers on socially significant inter-district (intercity intra-regional) and suburban services;
4) definition of inter-district (intercity intra-regional) and suburban communications;
5) exercising other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.
The Law of the Republic of Kazakhstan dated December 8, 2001 No. 266.
This Law regulates public relations between carriers, participants in the transportation process, government agencies, passengers, senders, recipients, shippers, consignees, and other individuals and legal entities when transporting passengers, baggage, cargo, baggage, and mail by rail.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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