On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport

Law of the Republic of Kazakhstan dated April 12, 2005 No. 37

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport, signed in Bratislava on May 31, 2004.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 3, 2005)

The Government of the Republic of Kazakhstan and the Government of the Slovak Republic (hereinafter referred to as the Parties), guided by the need to further develop cooperation between the countries in the field of international road transport, seeking to facilitate the implementation of road transport between the two States, as well as transit through their territories, wishing to resolve these issues on the basis of mutual assistance, cooperation and mutual benefit, have agreed as follows:

Part 1 Scope and definition of concepts

Article 1

1. This Agreement regulates international automobile passenger and cargo transportation between the Republic of Kazakhstan and the Slovak Republic, transit through their territories, as well as transportation to and from third countries performed by vehicles registered in the territory of the state of one of the Parties.

2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 2

For the purposes of this Agreement:

1. The term "carrier" means an individual or legal entity that is registered in the territory of a State of one of the Parties and is allowed by that State to carry out international road transport for payment or at its own expense in accordance with applicable law.

2. The term "motor vehicle" means: (a) in the case of passenger transportation, a bus or any other motor vehicle with a mechanical drive registered in the territory of a State of one of the Parties, which, by its design and equipment, is suitable and designed to transport more than nine people (including the driver) by road; b) in the case of freight transportation, any motor vehicle with a mechanical drive registered in the territory of the State of one of the Parties intended for the transportation of goods by road, including trailers and semi-trailers.

3. The term "regular passenger transportation" means the transportation of passengers by motor vehicles along a certain route according to pre-established timetables, transportation tariffs and conditions of transportation, according to which passengers can board and disembark at pre-established points.

4. The term "irregular transportation of passengers" means: a) transportation during which the same groups of passengers are transported by the same vehicles from the point of departure to the destination located in the State of registration of the vehicle through the territory of the State of the other Party, and during such trips the passenger personnel does not It's changing; b) transportation during which a group of passengers is transported from the territory of the State of registration of the vehicle to the territory of the State of the other Party, and the vehicle is returned empty.

5. The term "pendulum passenger transportation" means passenger transportation in which pre-formed groups of passengers are transported by the same vehicles, on several flights from the same departure points located in the territory of the State of registration of the vehicle to the same destination located in the territory of the State of the other Party, in which groups of passengers are transported those delivered to the destination will be transported to the point of departure later. The first flight from the destination to the departure point and the last flight from the departure point to the destination must be empty.

6. The term "coastal transportation" means the transportation of passengers and goods by carriers of the State of one Party between two points located on the territory of the State of the other Party.

Part 2 Passenger transportation

Article 3

1. Transportation of passengers by buses in accordance with this Agreement will be carried out on the basis of permits, with the exception of transportation specified in paragraphs 5 and 6 of this Article.

2. Regular passenger transportation by buses is carried out on the basis of permits, which are issued by mutual agreement by the competent authorities of the States of the Parties. The competent authority of the State of each Party issues a permit for that part of the route that passes through the territory of its State.

3. An application for a permit for regular passenger transportation by buses shall be sent in advance to the competent authorities of the States of the Parties. The application must contain information about the route, timetable and fares, as well as the expected opening date.

4. The content and form of the application shall be determined by the Joint Commission established in accordance with Article 16 of this Agreement. 5. A permit is not required to carry out irregular passenger transportation. When carrying out irregular passenger transportation, the passenger list must be in the vehicle. 6. If the carrier replaces a defective vehicle with another serviceable vehicle entering empty, no permit is required.

Article 4

A permit is required to carry out pendulum transportation. Carriers submit an application for pendulum transportation to the competent authorities of their States, which, after its approval, send the application to the competent authority of the State of the other Party.

Article 5

For entry into the territory of the State of one Party of empty vehicles of the State of the other Party, not specified in paragraph 6 of Article 3, a separate permit is required, issued by the competent authority of the State of the Party to which the vehicle is sent.

Part 3 Freight transportation

Article 6

1. Transportation of goods between the States of the Parties, transportation of goods from the territory of the State of one Party through the territory of the State of the other Party to third States and transportation from the territory of third States to the territory of the State of one Party through the territory of the State of the other Party, is carried out on the basis of permits.

2. A separate permit must be issued for each flight and vehicle. Each permit entitles you to make one round trip. A permit is also required for empty vehicles.

3. The competent authorities of the States of the Parties shall transmit to each other a mutually agreed number of permit forms.

4. Permits for cargo transportation are issued to carriers by the competent authority of the State where the vehicle is registered.

5. A transportation permit may be used only by the carrier to whom it was issued, and may not be transferred to another person.

Article 7

1. Permits are not required for the transportation of: a) movable property during immigration and migration; b) exhibits, equipment and materials intended for fairs and exhibitions; c) motor vehicles, racehorses, sports equipment and property intended for sporting events; d) theatrical decorations and props, musical instruments, equipment for filming, radio, television broadcasts and circus performances; e) remains or urns with ashes of the deceased; f) damaged vehicles; g) to provide emergency assistance in case of natural disasters, accidents and catastrophes; h) motor vehicles, the permissible payload of which, including the weight of the trailer, does not exceed 3.5 tons, or the total weight, including trailers, does not exceed 6 tons; and) postal items.

2. Subitems b), c) and d) of paragraph 1 of this Article are valid only in the case of the re-export of the items specified therein or their subsequent transportation to third countries.

3. A permit is not required for the transportation of new vehicles from the manufacturer intended for legal entities or individuals in one of the States of the Parties.

Part 4 General provisions

Article 8

Coastal transportation of passengers and cargo is not allowed.

Article 9

1. The driver of a motor vehicle must have a national or international driving license corresponding to the category of the vehicle he drives, and national registration documents for the vehicle that comply with the requirements of the United Nations Vienna Convention on Road Traffic, dated November 8, 1968.

2. Carriers and drivers of vehicles of the States of the Parties are obliged to comply with the rules of the road and the legislation of the State through whose territory passengers and cargo are transported.

3. Transportation of goods by motor vehicles, the mass or dimensions of which exceed the maximum dimensions determined in the territory of the state of the other Party, as well as dangerous goods, is carried out only after obtaining a special permit from the competent authorities of the State of this Party. The competent authorities of the States of the Parties must respond to the request for a special permit no later than 30 days from the date of its receipt.

4. For committed offenses, carriers of the States of the Parties and their drivers are responsible in accordance with the national legislation of the State in whose territory the offense occurred.

Article 10

The permits referred to in this Agreement during transportation performed in the territory of the State of the other Party must be on the vehicle and must be presented at the request of the authorities authorized to control.

Article 11

Carriers of the State of one Party may establish their representative offices in the territory of the State of the other Party in order to organize the transportation of passengers and cargo in accordance with the current legislation of that State.

Article 12

1. Motor vehicles performing transportation on the basis of this Agreement, as well as spare parts intended for their repair, are exempt from duties and charges related to the use of these vehicles and their movement through the territory of the state of the other Party (road tax).

2. The provisions of paragraph 1 of this Article shall not apply to the payment of taxes and fees related to the use of toll highways, main roads, tunnels, bridges and other engineering and technical road structures of this type and to the payment of fees for the issuance of special permits under paragraph 3 of Article 9.

Article 13

The following are exempt from payment of customs duties, taxes and fees: a) spare parts that are temporarily imported into the territory of the state of the other Party for the repair of a vehicle carrying out transportation under this Agreement; b) replaced and unused parts that must be exported to the state of registration of the vehicle or destroyed under the control of customs authorities; c) fuel (not more than 200 liters) located in tanks installed on the vehicle by the manufacturer, and lubricants necessary for transportation.

Article 14

Border, customs and sanitary control are carried out in accordance with the applicable laws of the States of the Parties and international treaties to which the States of the Parties are parties.

Article 15

When transporting passengers, animals, perishable products and dangerous goods by road, border, customs and sanitary controls are carried out out of turn.

Article 16

In order to comply with the provisions of this Agreement and resolve disputes that arise, the Parties shall establish a Joint Commission from representatives of the competent authorities of their States. Meetings of the Joint Commission are held on the proposal of the competent authority of the State of one of the Parties alternately in the territories of the States of the Parties.

Article 17

1. The competent authorities of the States of the Parties shall ensure that carriers of their states comply with the provisions of this Agreement.

2. In relation to those carriers that violate the provisions of this Agreement in the territory of the State of the other Party, the competent authorities of the State in whose territory the violation occurred may take the following measures: a) warn the carrier of the need to comply with the requirements of the legislation of the receiving State; b) temporarily, partially or completely deprive the carrier of the right to carry out transportation in its territory states.

3. The competent authorities of the States of the Parties shall inform each other about the measures taken on the basis of paragraph 2 of this Article.

Article 18

The Parties shall determine the rules for the application of this Agreement in the Executive Protocol. The Executive Protocol is signed simultaneously with the Agreement and is an integral part of it.

Article 19

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate Protocols and are integral parts of this Agreement. Within the framework of this Agreement, the Joint Commission established in accordance with Article 16 of this Agreement has the right to make amendments and additions to the Executive Protocol. Such changes and additions to the Executive Protocol will be confirmed through the exchange of diplomatic notes.

Article 20

This Agreement is concluded for an indefinite period and enters into force 60 days after the date of receipt of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force. Each Party may terminate this Agreement by notifying the other Party in writing. The Agreement shall terminate six months after the date of receipt by one Party of the relevant notification from the other Party.

Done in Bratislava on May 31, 2004, in two original copies, each in the Kazakh, Slovak and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan of the Slovak Republic

Executive Protocol on the rules of application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 3, 2005)

The Government of the Republic of Kazakhstan and the Government of the Slovak Republic (hereinafter referred to as the Parties) have agreed on the following in order to determine the rules for the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Slovak Republic on International Road Transport, concluded in Bratislava on May 31, 2004: 1. In the sense of this Agreement, the competent authorities should be understood as: From the Republic of Kazakhstan: a) Ministry of Transport and Communications of the Republic of Kazakhstan; b) according to paragraph 1 of Article 9 - the Ministry of Internal Affairs of the Republic of Kazakhstan. On the part of the Slovak Republic: under Articles 3, 4, 5, 6, 9 and 17 - the Ministry of Transport, Posts and Telecommunications of the Slovak Republic. 2. Pursuant to Articles 3 and 6, the following categories of transport permits are established: a) between a point located in the territory of the State of one Party and a point located in the territory of the State of the other Party; b) transit through the territory of the State of one of the Parties to a third State; c) from the territory of the State of one of the Parties to a third State or from a third State to the territory of the State of one of the Parties. 3. The permit form under Articles 3 and 6 shall be prepared: By the Kazakh side: in Kazakh, Russian and English; by the Slovak side: in Slovak, English, French and German. Permit forms valid in the relevant calendar year must have serial numbers drawn up for the year, as well as signatures of responsible persons and seals of the competent authorities of the States of the Parties that issued the permits. 4. The Joint Commission or the competent authorities of the States of the Parties shall determine the required number of permit forms for the next year, which shall be exchanged by December 15 of the calendar year. The issued permit forms are valid until the date specified in them. 5. At meetings of the Joint Commission, the Parties shall inform each other about the status of implementation of the articles of this Agreement, changes in the legislation of the state related to international road transport, tax, customs and other fees, the state of transportation for the previous year, the modes of operation of border crossings, the use of permit forms and other issues aimed at improving transportation. 6. In the event of a change in the names of the competent authorities of the States of the Parties, the Parties will notify each other through diplomatic channels.

Done in Bratislava on May 31, 2004, in two original copies, each in the Kazakh, Slovak and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Executive Protocol, the Parties will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan of the Slovak Republic

President

Republic of Kazakhstan

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