On Ratification of the Protocol on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Specifics of Legal Regulation of Enterprises, Institutions and Organizations of Railway Transport dated October 18, 1996
The Law of the Republic of Kazakhstan dated November 23, 2010 No. 355-IV
To ratify the Protocol on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Specifics of Legal Regulation of Enterprises, Institutions and Organizations of Railway Transport dated October 18, 1996, signed in Astana on May 21, 2009.
President of the Republic of Kazakhstan N. Nazarbayev
PROTOCOL on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Specifics of Legal Regulation of enterprises, Institutions and organizations of railway transport dated October 18, 1996
(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 1, Article 11) (Entered into force on February 10, 2011)
The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, in accordance with Article 11 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Specifics of Legal Regulation of Enterprises, Institutions and Organizations of Railway Transport dated October 18, 1996 (hereinafter referred to as the Agreement) have agreed on the following:
Article 1
Make the following changes to the Agreement: 1) Article 1 should be worded as follows: "Article 1
The Parties recognize the property of railway transport, which is part of the railways of the State of one Party, but located on the territory of the State of the other Party, as the property of the State of the first Party. The list of railway sections in respect of which the ownership rights of the Republic of Kazakhstan and the Russian Federation are recognized is given in Appendix 1, which is an integral part of this Agreement. The specified railway transport property is recognized by the Parties as equivalent. At the same time, no assessment of the market value of the specified property is carried out and no compensation is made in connection with the transfer of ownership. The Parties guarantee that the specified railway transport property is free from any rights of third parties. For the purposes of this Agreement, "railway transport property" means enterprises, as well as individual property objects located on sections of the railways of the Republic of Kazakhstan and the Russian Federation, providing services, including transportation of passengers and cargo, other services to shippers and consignees, as well as serving railway workers and their family members.. The lists of railway transport assets specified in the first paragraph of this article shall be compiled and approved by the competent authorities responsible for the implementation of this Agreement. The competent authorities responsible for the implementation of this Agreement are: in the Republic of Kazakhstan - the State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan; in the Russian Federation - the Federal Agency for State Property Management."; 2) paragraphs one and three of Article 2 should be deleted; 3) Article 3 should be worded as follows: "Article 3
For the period of validity of this Agreement, the lands allocated for railway tracks and stations (including the right-of-way), for buildings, buildings, structures, protective and fortifying plantings and other objects of railway transport property (hereinafter referred to as — railway transport lands) are leased from the State of the Party whose State owns the relevant railway transport property, with the right to sublet them without the consent of the owner of the land plot with notification of the relevant authorized body in the field of land relations or the owner of the land plot. The lease payment for the railway transport lands of the States transferred under this Agreement by one Party is a counter-lease of railway transport lands by the other Party. At the same time, the amount of rent for the railway transport lands of the states of both Parties is recognized as equal."; 4) in Article 9: in the first paragraph: replace the words "paramilitary railway security" with the words "security services"; delete the words "as well as"; after the words "escorted persons," add the words "as well as collectors of central (national) banks of the States of the Parties accompanying special cargoes,"; The second paragraph should be worded as follows: "Employees of security services, including departmental guards, collectors of central (national) banks of the states of the Parties, military personnel of military squads (guards) and police officers who are on duty related to escorting passengers and cargo, have the right to use service weapons in order to protect passengers and railway personnel, ensuring the safety of transported goods and their protection from criminal encroachments, to prevent the escape of escorted persons and self-defense in accordance with the legislation of the State through whose territory the trains are traveling."; 5) add articles 9-1 and 9-2 as follows:
"Article 9-1
Customs clearance, customs and border control of the movement of goods (consumables, spare parts, tools, inventory, special machines and mechanisms) and vehicles traveling from the Republic of Kazakhstan to the territory of the Russian Federation and from the Russian Federation to the territory of the Republic of Kazakhstan for maintenance and repair of railway infrastructure, rolling stock, liquidation and prevention of emergencies man-made situations are carried out in a simplified manner without submitting licenses, import or export permits and other permits issued by authorized government agencies (if the import and export restrictions are of an economic nature), as well as without levying duties and taxes. Goods (materials, spare parts, tools, inventory, special machines and mechanisms) used for the repair and reconstruction of railway infrastructure facilities, rolling stock, liquidation and prevention of emergency situations, but not used for the specified purposes, as well as vehicles, upon completion of the specified work, must be returned to the territory of the state from which they were taken out. The remnants resulting from the repair of the infrastructure of railway sections and rolling stock (property, materials removed from the repaired facilities, including the rail-sleeper grid) must be moved to the territory of the state whose railways include this section. The entry of persons from among the personnel engaged in the repair of tracks, other railway infrastructure facilities, rolling stock and the removal of other obstacles to railway communication, for the elimination and prevention of man-made emergencies on sections of railways of the state of one Party located on the territory of the State of the other Party, into the territory of the State of this other Party is carried out in the visa-free regime, upon presentation of identity documents. The list of persons who are part of the specified staff and who use the visa-free entry regime is determined on the basis of lists compiled by railway transport organizations operating the relevant railway sections. The form and content of the lists, the procedure for their coordination with the authorized bodies of the State of the other Party, as well as the list of categories of such employees and the conditions of their stay in the territory of the State of the other Party are established by the authorized bodies of the Parties.
Article 9-2
Security activities for the protection of railway facilities, as well as transported goods on the railway sections specified in Annex 1 to this Agreement, are carried out by security service units at the choice of the Party whose railways include the relevant section or facility. The security services of the state of one Party, chosen by this Party to protect railway facilities, have the right to obtain a license for security activities and carry it out on the territory of the state of the other Party in accordance with the legislation of this Party, including the right to hire citizens of the states of both Parties."; 6) Annex 1 to the Agreement should be worded as follows:
"Appendix 1 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the specifics of legal regulation activities of enterprises and institutions and railway transport organizations
The list of railway sections in respect of which the ownership rights of the Republic of Kazakhstan and the Russian Federation are recognized
But. Sections of the Russian Railways located on the territory of the Republic of Kazakhstan, the property of which is the property of the Russian Federation:
Volga Railway State Border - Molodost junction - State border (Verkhny Baskunchak - Urbach line) State border - Janybek station - State border (Upper Baskunchak - Urbach line)
A. Sections of the Russian Railways located on the territory of the Republic of Kazakhstan, the property of which is the property of the Russian Federation:
Volga Railway State Border - Molodost junction - State border (Verkhny Baskunchak - Urbach line) State border - Janybek station - State border (Upper Baskunchak - Urbach line)
South Ural Railway State Border - Isyan stop - Yemankino stop - State border (Kartaly - Zolotaya Sopka line) State Border - Orlyonok stop - Petropavlovsk station inclusive - Kara-Guga station - state border (Kurgan - Petropavlovsk line) State border - Soyuznaya Station - State border (Exploration - Ore Hoard line) West Siberian Railway State border - Urlyutyub roundabout - Kyzyltuz roundabout - state border (Irtysh-Karasuk line)
B. Sections of the Kazakhstan Railways located on the territory of the Russian Federation, the property of which is the property of the Republic of Kazakhstan: State border - Cozy crossing - Kos-Aral crossing - state border (Ozinki - Iletsk - Kandyagash line) State border - station Lokot (line Lokot - Semipalatinsk) Lokot station - Tretyakov station - the state border (the line Elbow - Protection)".
Article 2
The ownership right of the States of the Parties to the railway transport property specified in Article 1 of the Agreement shall arise on the date of entry into force of this Protocol for both Parties.
Article 3
This Protocol is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification.
Done in Astana on May 21, 2009, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic. In case of discrepancies in the interpretation of this Protocol, the text in Russian will be used for the purposes of interpretation.
For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation
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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