On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the specifics of legal regulation of the activities of enterprises, institutions and organizations of railway transport

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the specifics of legal regulation of the activities of enterprises, institutions and organizations of railway transport

Law of the Republic of Kazakhstan dated May 20, 1999 No. 386

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the specifics of legal regulation of the activities of enterprises, institutions and organizations of railway transport, concluded in Almaty on April 8, 1997.

President of the Republic of Kazakhstan

 Agreement between the Government of the Republic of Kazakhstan and By the Government of the Kyrgyz Republic on the specifics of legal regulation of the activities of enterprises, institutions and organizations of railway transport

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 3, Article 30) (Entered into force on June 8, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 173) The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, based on: Agreements between the Republic of Kazakhstan, the Russian Federation, the Republic of Kyrgyzstan, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the Coordination of Railway Transport Activities dated April 23, 1992, Agreements between the Governments of the Republic of Kazakhstan, the Republic of Kyrgyzstan, and the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the principles of cooperation and conditions of relations in the field of transport dated April 23, 1992, U952332_ of the Agreement on the Creation of a Single Economic Space between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan dated April 30, 1994, in order to ensure the stable operation of the railways of the Republic of Kazakhstan and the Kyrgyz Republic signed this Agreement as follows:  

Article 1 The Parties agreed to consider the property of railway transport, which is part of the railways of the state of one Party, located on the territory of the State of the other Party, transferred for the period of validity of this Agreement to the management of enterprises, institutions and organizations on whose balance sheet it is located. The concepts used in this Agreement mean the following: "railway transport property" - enterprises, their individual facilities, as well as the property of institutions and organizations that, at the time of signing this Agreement, are located on sections of the railways of the Republic of Kazakhstan and the Kyrgyz Republic, and provide transportation of passengers and cargo, provide services to shippers They serve railway workers and their family members. The list of railway sections within the scope of this Agreement is given in Appendix No. 1, which is an integral part of this Agreement, "property management": in relation to enterprises, the right of economic management for the possession, use and disposal of property on the balance sheet of the enterprise, with the exception of immovable property, rolling stock and containers, the disposal of which is carried out with the consent of the owner of this property or the body authorized by the owner; in relation to institutions and organizations, the right of operational management for the possession, use and disposal of property assigned to institutions and organizations. An institution and an organization have no right to alienate or otherwise dispose of the property assigned to them, acquired at the expense of funds allocated according to estimates.  

Article 2 The property of railway transport is the property of the State in whose territory it is located. Newly constructed railway transport facilities and newly acquired movable property are the property of the State with whose funds they were built or acquired. Enterprises, institutions and organizations that are part of railways are not subject to denationalization and privatization.  

Article 3 For the period of validity of this Agreement, the lands allocated for railway tracks and stations (including right-of-way), buildings, structures, protective and fortifying plantings and other facilities of enterprises, institutions and organizations (hereinafter referred to as railway transport lands) are in use by these enterprises, institutions and organizations. The procedure for granting lands for the development of the industrial and social base of enterprises, institutions and organizations of railway transport, as well as the use of railway transport lands, is established in accordance with the legislation of the State in whose territory they are located.  

Article 4 The land tax is established in accordance with the legislation of the State in whose territory the lands of railway transport are located.

 Article 5 The establishment, reorganization and liquidation of enterprises, institutions and organizations of railways of the Kyrgyz Republic located in the territory of the Republic of Kazakhstan, as well as enterprises, institutions and organizations of railways of the Republic of Kazakhstan located in the territory of the Kyrgyz Republic, are carried out in accordance with the legislation of the state in whose territory they are located, by agreement of both Parties or state bodies authorized by them. Financing of the activities of enterprises, institutions and organizations is carried out in accordance with the procedure established for the railways of which they are part.

 Article 6 The procedure for the application of railway tariffs for the carriage of passengers and goods along railway sections within the scope of this Agreement is given in Appendix No. 2, which is an integral part of this Agreement.  

Article 7 Issues of labor and wages of employees of enterprises, institutions and organizations are regulated in accordance with the legislation of the State whose railways include these enterprises, institutions and organizations. Employees of these enterprises, institutions and organizations, as well as labor veterans who worked at these enterprises, institutions and organizations, are subject to all social benefits and guarantees established for citizens of the States in whose territory they reside.  

Article 8 Insurance activities may be carried out at enterprises, institutions and organizations within the scope of this AGREEMENT in accordance with the procedure established by the legislation of the State in whose territory they are located.  

Article 9 Passage across state borders of armed paramilitary railway guards escorting goods, as well as militia and military units (guards) escorting passenger trains, goods and escorted persons in connection with the transportation of passengers and goods from the territory of the State of one Party to the territory of the same State, as well as from the territory of the State of one Party The Parties to the territory of the state of the other Party within the same railway along the railway sections located on the territory of the state of the other Party, It is carried out upon presentation of documents for weapons issued by the competent authorities, with prior notification to the relevant authorities of the parties, with practical assistance in the performance of assigned tasks.  

Article 10 Disagreements and disputes between the Parties on issues related to the scope of this Agreement will be resolved through bilateral negotiations.  

Article 11 This Agreement may be amended or supplemented by mutual agreement of the Parties.  

Article 12 This Agreement shall enter into force from the date of the last notification to the Parties that they have completed the necessary domestic procedures and shall remain in force until the expiration of six months from the date of written notification by one of the Parties of its intention to terminate it. Done in Almaty on April 8, 1997, in two originals, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of discrepancies in the interpretation of this Agreement, the Russian text will have advantages.

Appendix No. 1

to the Agreement between

By the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the specifics of the legal regulation of the activities of enterprises, institutions and organizations of railway transport

Sections of railways of the Republic of Kazakhstan that are part of the railways of the Kyrgyz Republic

Located as part of the Kyrgyz Railway (total 59 km): Kaindy station - Lugovaya station - 59 km (Bishkek - Lugovaya line)

Sections of railways of the Kyrgyz Republic that are part of the railways of the Republic of Kazakhstan

Located in the Republican State Enterprise "Kazakhstan Temir Zholy" (only 12 km): Kurkureusu station - Choldala station - 12 km (Shymkent - Zhambyl line)

Appendix No. 2

to the Agreement between

By the Government of the Republic of Kazakhstan

and the Government of the Kyrgyz Republic on the specifics of the legal regulation of the activities of enterprises, institutions and organizations of railway transport The procedure for the application of railway tariffs for the carriage of passengers and goods on railway sections within the scope of this Agreement When transporting passengers and cargo from the Republic of Kazakhstan to the Republic of Kazakhstan in transit along railway sections, tariffs are applied in accordance with Appendix No. 1., operating on the railway that includes these sections.

When transporting passengers and cargo from the Kyrgyz Republic to their destination at stations of Kyrgyz railways located on the territory of the Republic of Kazakhstan, and in the opposite direction, tariffs applicable on the railways of the Kyrgyz Republic are applied.

When transporting passengers and cargo from stations of Kyrgyz railways located on the territory of the Republic of Kazakhstan to railway stations of the Republic of Kazakhstan, and in the opposite direction, tariffs applicable on the railways of the Republic of Kazakhstan are applied.

The currency of payment for these shipments is established in accordance with the rules in force in the States of the Parties.

When transporting passengers and cargo within the railway sections specified in Appendix No. 1 to this Agreement, the domestic tariffs of the State in whose territory these sections are located shall apply. In this case, transportation fees are charged in the currency of the State in which the transportation is performed.

Payment for the transportation of passengers and cargo in international traffic is carried out in accordance with applicable international agreements.

Payment for transit transportation of goods is carried out within the framework of tariff agreements of the member States of the Commonwealth of Independent States.

The parties agreed that when transporting goods from the Kyrgyz Republic to the Kyrgyz Republic in transit through the territory of the Republic of Kazakhstan (the Chengeldy - Lugovaya line), the Kazakh side may provide benefits to the current transit tariff (TP MTT). At the same time, the percentage of discounts provided is set for each freight year based on calculations of economic opportunity under an agreement concluded between the Republican State Enterprise Kazakhstan Temir Zholy and the Kyrgyz Railway.

President

Republic of Kazakhstan

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