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On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on international road traffic

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on international road traffic

Law of the Republic of Kazakhstan dated December 11, 1998 No. 315-I  

    Approve the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on international road traffic, signed in Baku on September 16, 1996.  

    The Republic Of Kazakhstan  

            President    

                The Government of the Republic of Kazakhstan and

                 The Government Of The Republic Of Azerbaijan

                  International Automobile between

                          about the ratio

                              Agreement  

    (Bulletin of international treaties of the Republic of Kazakhstan, 2000, No. 1, Article 9) (entered into force on February 8, 1999 - "Bulletin of diplomacy", Special Issue No. 2, September 2000, page 79)  

        The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the "Contracting Parties", have agreed on the following, encouraging the development of passenger and freight transport relations between the two countries and their territory in transit, on an interdependent basis, as well as trying to facilitate this relationship: Article 1 1. In accordance with this Agreement, regular and unregulated transportation of passengers (including tourists) and cargo is carried out by motor vehicles registered in the Republic of Kazakhstan or the Republic of Azerbaijan in transit between the two countries and across their territory on roads opened for international road traffic.

    2.the list of highways opened for International Road relations shall be determined by the competent authorities of each Contracting Party and handed over to the other Contracting Party.  

                       1. Passenger Transportation  

                                 Article 2

        1.organized passenger transportation is organized in agreement between the competent authorities of the contracting parties.        2.proposals for the organization of such transportation are submitted to each other by the competent authorities of the Contracting Parties. These recommendations should indicate the name of the carrier, route route, traffic schedule, fare, information regarding the stopping points at which the carrier will load passengers, as well as the expected period and sequence of Transportation.    

                                 Article 3 1. permits issued by the competent authorities of the Contracting Parties are required to carry out systematic and unsystematic transportation of passengers by motor vehicles in transit between two countries or through their territory, with the exception of Transportation provided for in Article 4 of this Agreement.        2.the competent authorities of the Contracting Parties shall issue a permit for a section of the road passing through the territory of their state.        3. A permit is issued for each organized and unsystematic transport, which gives the right to travel on the same flight and back (if the permit does not provide for other circumstances).        4.the competent authorities of the Contracting Parties annually issue each other a number of mutually agreed forms of permits for systematic, irregular and transit passenger transportation.        5.the competent authorities of the contracting parties mutually agree on the procedure and terms for exchanging permit forms.                                    Article 4 when replacing a damaged motor vehicle with another, the permits specified in Article 3 of this Agreement are not required.                              II. Cargo transportation Article 5 1. cargo transportation in transit between the two countries or through their territory is carried out by motor vehicles on the basis of permits issued by the competent authorities of the Contracting Parties, with the exception of the transportation provided for in Article 6 of this Agreement.        2. Each cargo transportation is issued separate permits that give the right to move in the same way and back (unless other circumstances are provided for in the permit).        3.the competent authorities of the Contracting Parties annually submit to each other the number of mutually agreed permit forms for cargo transportation. The permit forms must contain the seal and signature of the competent authority that issued it.        4.the competent authorities of the Contracting Parties annually agree among themselves on the procedure and terms for replacing permit forms.        5. Each contracting party provides favorable conditions for the passage of a cargo vehicle by the second contracting party on the territory of its state, including transit to/from a third country.    

                                 Article 6 1. the permits specified in Article 5 of this Agreement are not required to perform the following transportation:

    a) exhibits, equipment and materials intended for fairs and exhibitions;

    B) animals, various inventory and property, as well as vehicles for conducting sports events;

    C) equipment and equipment for filming theatrical decorations and props, singing instruments, radio and television broadcasts;

    d) the bodies and corpses of the dead;

    e) mail;

    F) disabled vehicles;

    G) moving property during migration;

    h) in accordance with Article 7 of this Agreement, cargo for which a special permit has been obtained;

    I) medical equipment to assist in the event of a natural disaster

"I'm sorry," I said.;

    Permits are not required for the travel of technical assistance vehicles.  

        When performing the transportation specified in this article, the transport documents of the country in which the motor vehicle is registered must be inside the motor vehicle.        2.the conditions provided for in subparagraphs a, b, b of Paragraph 1 of this article shall be effective in case of Return of the cargo to the country, the owner of which is the cargo, or in case of transportation of cargo for the organization of events on the territory of a third country.    

                                  Article 7 1. if the range or weight of a motor vehicle traveling with or without cargo exceeds the norms established on the territory of the second state, as well as when transporting goods that pose a threat to people, animals and plants, the carrier must obtain a special permission from the competent authorities of the second contracting party to enter or transit.        2.transportation is carried out only on the same route if the permit specified in Item 1 of this article includes the movement of a motor vehicle in the prescribed direction.                                 III. General provisions Article 8 1. the carrier of one contracting party may not transport passengers and cargo between points located on the territory of the state of the other contracting party.        2.a carrier, having received a special permit from the Competent Authority of the second contracting party, may carry out transportation from the territory of the state of the second contracting party to a third country, as well as from the territory of the third country to the territory of the state of the second contracting party.    

                                  Article 9 1. at the time of signing, the contracting parties agreed to comply with the effective rules, rules, instructions, standards and technical conditions governing the operation of road transport. Changes in the interests of the second Contracting Party, as well as the approval of new regulatory documents, are made by mutual agreement between them.        2. The Contracting Parties, on an independent basis, coordinate their work in the following areas: - scientific and technical policy in road transport;        - draft laws and acts, standards and norms that have the force of law regulating the operation of road transport;-creating conditions for technical and other assistance to rolling stock, refueling cars with fuel and lubricants; - providing assistance in case of an accident.        3.the parties maintain existing economic relations and relations for the development, equipment and repair of vehicles and their spare parts.    

                                 Article 10 1. Transportation provided for in this Agreement may be performed only by carriers sent to carry out international transportation in accordance with the domestic laws of their country.        2.motor vehicles carrying out international transportation must have the registration and difference mark of their country.        3.carriers of the Contracting Parties are obliged to comply with the rules of movement and other laws of the country on the territory of which transportation is carried out.    

                                 Article 11 transportation calculations performed on the basis of this Agreement are made in accordance with the payment agreement between the Contracting Parties.  

    In the absence of an agreement on such payments, settlements will be made in agreement with the competent authorities of the Contracting Parties.  

                                 Article 12  

    Provided for in bilateral and multilateral treaties and agreements  

Prohibition of transportation by the internal laws of the contracting parties, except in cases  

built between the territories of the Contracting Party, as well as their territory    

transportation of weapons, ammunition, military equipment in transit  

not allowed to do.  

                                 Article 13  

        The form of cargo transportation provided for in this agreement must be carried out on national routes in accordance with the generally accepted international model.    

                                Article 14 1. each contracting party recognizes on the territory of its state the registration document and license plate of the vehicle issued by the competent authorities of the two countries, as well as a qualification certificate that gives the right to drive a car.        2.permits and other documents required in accordance with the provisions of this agreement must be contained in the relevant vehicle and specified at the request of the competent authorities.        3.the permit issued to the carrier is valid only for it and is not allowed to be issued to another person.    

Article 15 1. the Contracting Parties shall establish a mixed commission on a permanent basis to implement the provisions of this Agreement and to resolve disputes arising.        2.a meeting of the Mixed Commission shall be held alternately on the territory of the countries of the contracting parties once a year, in the absence of a proposal by one of the Contracting Parties for an urgent call.        3.the Mixed Commission has the right to amend the articles of this Agreement and the executive protocol, which are an integral part of it, and then submit proposals for their approval.        4. Practical issues related to the implementation of passenger and cargo transportation are regulated directly between the carriers of the Contracting Parties.        Carriers, for this purpose, may open their representative offices in the territory of the state of the second Contracting Party in agreement with the competent authorities of the Contracting Parties.    

                               Article 16 the Contracting Parties will create equal conditions on the territory of their state in the field of sales of transport and transport-expeditionary services, regardless of the states parties to this Agreement, the form of ownership, as well as in the creation of joint ventures, including transport and transport-Expeditionary enterprises with a joint-stock initiative.    

                               Article 17 in the case of passenger and cargo transportation across the territories of the states of the Contracting Parties, the motor vehicles performing these transportation under the permits provided for in this Agreement are exempt from taxes and fees related to the operation and maintenance of the road, with the exception of payments for travel on a toll road and bridge and for exceeding the effective norm of the range and total weight of the motor vehicle in the territory of the states of the Contracting Parties.    

                                Article 18 transportation of passengers and cargo on the basis of this agreement is carried out in the case of timely compulsory civil insurance of the carrier for damage caused to a third party. Each motor vehicle carrying out this transportation is insured.    

                                Article 19 1. in relation to border, customs and sanitary control, the provisions of international treaties, the participants of which are two Contracting Parties, shall apply, as well as the internal laws of each contracting party shall apply to issues not resolved by these treaties.        2.The Contracting Parties shall take all necessary measures for the maximum simplification and acceleration of Customs and other procedures related to international passenger and cargo transportation between the territory of the two countries and in transit to a third country.    

                                Article 20 systematic transportation of passengers in critical condition, as well as during the transportation of animals and perishable goods, is carried out without a queue from border, customs and cleanliness control.    

                                Article 21 1. when carrying out transportation on the basis of this Agreement, the following items imported into the territory of the state of the second Contracting Party are mutually exempt from customs duties, duties and permits: a - lubricants contained in containers provided for each car model, technologically and constructively related to the engine feeding system; B - lubricants in the amount necessary for use during transportation; B - spare parts and instruments for repairing a motor vehicle performing international transportation.        2.unused spare parts are returned, and replaced spare parts are subject to withdrawal from the country, destruction or delivery in accordance with the established procedure on the territory of the state of the relevant Contracting Party.    

                                 Article 22 1. the competent authorities of the contracting parties must take all measures that facilitate the implementation of Transportation provided for in this Agreement.        2.the competent authorities of the Contracting Parties shall provide the necessary assistance in the event of an accident or accident of vehicles or crew members of the second contracting party, and in the event of serious accidents and accidents, shall notify the competent authorities of the second contracting party of this and the results of the investigation.    

                                  Article 23 1. when a carrier of one Contracting Party violates the provisions of this agreement on the territory of the state of the other contracting party, the competent authorities of the second contracting party in which a motor vehicle is registered on the territory of the state of the competent authorities of that contracting party shall notify the competent authorities of this agreement.        2. the competent authorities of the contracting party in which the violation occurred in the territory of the state may submit to the competent authorities of the other Contracting Party a proposal to condemn the carrier who committed the violation: a) notice;        B) temporary, partial or complete termination of the carrier's right to perform transportation within the territory of the Contracting Party's country in which the violation occurred.        3.the competent authorities of the Contracting Parties shall notify each other of the measures taken on the basis of Paragraph 2 of this article.

    4.the provisions of this article provide for the application of sanctions provided for by effective laws on the territory of the country where the violation occurred to the carrier in the state of the second Contracting Party.  

                         V. final provisions

                                 Article 24  

    Issues not regulated by this Agreement, as well as international treaties, the participants of which are two Contracting Parties, will be resolved in accordance with the domestic laws of each contracting party.  

                                 Article 25

        This agreement does not affect the rights and obligations arising from other agreements of international treaties ratified by the Contracting Parties.    

                                 Article 26

         1.this Agreement shall enter into force on the 30th day after receiving through diplomatic channels the final statement on the implementation by the contracting parties of the internal procedures necessary for entry into force.        2.the agreement is accompanied by an executive protocol, which is an integral part of it.

    3.this Agreement shall remain in force for five years, in the event that one of the Contracting Parties, within 6 months before the expiration of the agreement, does not notify each other in writing of its termination, the validity of which shall be extended by itself for a period of one year.  

    On September 16, 1996, in Baku, two copies were made, each in Kazakh, Azerbaijani and Russian, and all texts were made equally powerful.

    When discussing the issues of interpretation of this Agreement, the text in Russian will be used.  

    The Republic Of Kazakhstan

          For the government for the government  

 

               The Government of the Republic of Kazakhstan and  

           The Government of the Republic of Azerbaijan

          agreement on international road transport

                            about the application

                            Executive Protocol    

        (Bulletin of international treaties of the Republic of Kazakhstan, 2000, N 1) (entered into force on February 8, 1999 - "Bulletin of diplomacy", Special Issue N 2, September 2000, page 79)    

    Participated in the application of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on international road traffic signed on September 16, 1996 in Baku  

the following agreements were reached:  

    1. in the meaning of this Agreement, the competent authorities are considered to be:

 

                  From the side of the Republic of Kazakhstan:  

        a) 1, 2, 3, 5, 7, 8, 11, 14, 22, 23-according to articles - Ministry of Transport and communications of the Republic of Kazakhstan, 480083, Almaty, seifullin Ave., 458; Tel. 391996, 390845, fax 631207, 393255; B) under Articles 7, 14-Ministry of internal affairs and Road authorities of the Republic of Kazakhstan, 480091, Almaty, Kabanbai batyr str., 95.                       From the side of the Republic of Azerbaijan a) 1, 2, 3, 5, 7, 8, 11, 14, 22, 23, 24-State concern "Azrautonagliyyat", 370122, Baku, Tbilisi Avenue, 1054 quarter, Tel 38 50 00, 31 91 11, fax 62 96 27; B) 7, according to Articles 14-Ministry of internal affairs of the Republic of Azerbaijan, 37 00 05, Baku, Gusi Hajiyev Street, 7, Tel 92 52 75, 98 22 85, "azyrnagliyyatyoltikinti", state - owned company, 37 00 25, Baku, A. Nobel Ave., 4, Tel 66 00 82, 66 74 29.        

2. in the meaning of this Agreement, the following may be understood as: 2.1. the name "carrier" means an individual or legal entity authorized to perform international transportation in accordance with the domestic laws of the two countries; 2.2.the name "motor vehicle" means: a) During cargo transportation - a truck, a truck with a trailer, a car tow or a car tow with a trailer; B) during Passenger Transportation - a bus for passenger transportation with at least 8 seats, not counting the driver's seat; 2.3. the name "systematic passenger transportation" means transportation of vehicles carried out by the states of the contracting party along the route route indicating the previously agreed schedule, starting and ending points of movement and stopping points; 2.4. the name "irregular passenger transportation" means all other transportation; 2.5. the name "permit" means a document that allows a vehicle of one Contracting Party to enter and leave/from the territory of the country of the other Contracting Party or gives the right to travel in transit through the territory of the states of the Contracting Party;        2.6. the name" quota "- the number of permits, determined annually on an equal basis with the competent authorities of each Contracting Party; 2.7.the name" closed door transportation " - (tourist transportation) means international transportation of a group of passengers by one motor vehicle, starting from the territory of one Contracting Party and ending on the territory of that state; 2.8. the name "transit transportation" means the transportation of passengers and cargo through the territory of that state, when the point of departure and end point of the state of one Contracting Party are located outside the territory of that state.        

 

3.The Parties shall notify each other in a timely manner of all changes in the list of highways opened for international road traffic defined in Article 1 of this Agreement.        4.the conditions of substitution of permit forms specified in Articles 3 and 5 of this Agreement and the procedure for their use are drawn up by the relevant protocols between the competent authorities of the Contracting Parties.        5. Articles 19 and 20 of the agreement shall contain the provisions on cleaning, veterinary and  

 

phytosanitary control includes the concept of purity control.      6.this executive protocol comes into force together with the agreement.

    This executive protocol is drawn up in two copies, each in Kazakh, Azerbaijani and Russian, and all texts are equally valid.

    On the interpretation of this executive protocol, the contracting parties will use the text in Russian.  

    Made on September 16, 1996 in Baku.  

    The Republic Of Kazakhstan

          For the government for the government  

 

    Read:

         Kasymbekov B. A.  

         A. Zh.  

 

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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