On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for payment of freight charges and clearance of cargo Transportation on Sections of Railways of the Republic of Kazakhstan located on the Territory of the Russian Federation and on sections of Railways of the Russian Federation located on the territory of the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated May 8, 2007 No. 248

       To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for payment of freight charges and clearance of cargo transportation on sections of railways of the Republic of Kazakhstan located on the Territory of the Russian Federation and on sections of Railways of the Russian Federation located on the territory of the Republic of Kazakhstan, signed in Sochi on August 15, 2006.  

     President of the Republic of Kazakhstan  

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for payment of freight charges and clearance of cargo transportation on sections of railways of the Republic of Kazakhstan located on the territory of the Russian Federation and on sections of railways of the Russian Federation located on the territory of the Republic of Kazakhstan

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on May 30, 2007)

     The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, taking into account the existing borders of the railway transport network of the Republic of Kazakhstan and the Russian Federation, taking into account Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the specifics of legal regulation of the activities of enterprises, institutions and organizations of railway transport dated October 18, 1996 (hereinafter - Agreement of October 18, 1996), in order to establish the procedure for payment of freight charges and clearance of cargo transportation along the railway sections of the Republic of Kazakhstan located on the territory of the Russian Federation and along the railway sections of the Russian Federation located on the territory of the Republic of Kazakhstan, agreed as follows:  

    Article 1  

     This Agreement defines the procedure for payment of freight charges and clearance of cargo transportation on sections of the railways of the Republic of Kazakhstan located on the territory of the Russian Federation and on sections of the railways of the Russian Federation located on the territory of the Republic of Kazakhstan, listed in Appendix 1 to the Agreement dated October 18, 1996.  

    Article 2  

     The competent authorities for the implementation of this Agreement are: from the Kazakh Side - the Ministry of Transport and Communications of the Republic of Kazakhstan; from the Russian Side - the Ministry of Transport of the Russian Federation.  

    Article 3  

     The terms used in this Agreement mean the following:  

       "Kazakhstan railways" means all railway tracks located on the territory of the Republic of Kazakhstan, as well as sections of railways of the Republic of Kazakhstan specified in paragraph B of Annex 1 to the Agreement dated October 18, 1996.;  

       "Russian railways" means all railways located on the territory of the Russian Federation, as well as sections of railways of the Russian Federation specified in paragraph A of Annex 1 to the Agreement of October 18, 1996.;  

       "additional fees" - payments for additional operations, works and services not included in the tariff;  

       "freight charges" - charges for the transportation of goods, the passage of guides, additional fees and other payments incurred during the period from the acceptance of goods for transportation to their delivery to the recipient;  

       "internal transportation document of the Republic of Kazakhstan" is a railway bill of lading used in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication;  

       "Internal transportation document of the Russian Federation" is a railway bill of lading used in the Russian Federation for the transportation of goods by rail in domestic traffic;  

       "International transportation document" - for the Kazakh and Russian Sides - a bill of lading issued in accordance with the Agreement on International Railway Freight Traffic;  

       "minimum tariff zone" - for the Kazakh and Russian sides - the minimum transportation distance determined in accordance with the tariff guidelines of the Republic of Kazakhstan and the Russian Federation.  

    Article 4  

     Cargo transportation from stations of Russian railways located on the territory of the Russian Federation to stations of Russian railways located on the territory of the Russian Federation in transit along sections of Russian railways located on the territory of the Republic of Kazakhstan is carried out on the basis of the legislation of the Russian Federation regulating the transportation of goods by rail, and is formalized by transportation documents of the internal communications of the Russian Federation. At the same time, carriage charges on Russian railways for the entire route are paid according to the tariffs applied in the Russian Federation for the carriage of goods by rail in domestic traffic.  

    Article 5  

     Cargo transportation from stations of Kazakhstani railways located on the territory of the Republic of Kazakhstan to stations of Kazakhstani railways located on the territory of the Republic of Kazakhstan, in transit along sections of Kazakhstani railways located on the territory of the Russian Federation, is carried out on the basis of the legislation of the Republic of Kazakhstan regulating the transportation of goods by rail, and is formalized by transportation documents of the internal communication of the Republic of Kazakhstan. At the same time, the payment of freight charges on Kazakhstani railways for the entire route is carried out according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication.  

    Article 6  

     Transportation of goods from stations of Russian railways located on the territory of the Russian Federation to stations of Russian railways located on the territory of the Republic of Kazakhstan and in the opposite direction is executed by international transportation documents. At the same time, the payment of freight charges on Russian railways for the entire route is carried out according to the tariffs applied in the Russian Federation for the carriage of goods by rail in international traffic.  

    Article 7  

     The transportation of goods from the stations of the Kazakh railways located on the territory of the Republic of Kazakhstan to the stations of the Kazakh railways located on the territory of the Russian Federation and in the opposite direction is executed by international transportation documents. At the same time, the payment of freight charges on Kazakhstani railways for the entire route is carried out according to the tariffs applied in the Republic of Kazakhstan when transporting goods by rail in international traffic.  

    Article 8  

     Transportation of goods from stations of Russian railways located on the territory of the Republic of Kazakhstan to stations of Kazakh railways located on the territory of the Republic of Kazakhstan and in the opposite direction without transit through the territory of the Russian Federation is executed by international transportation documents. At the same time, the payment of freight charges on Russian railways and on Kazakh railways for the distance of transportation by the corresponding railway is carried out in proportion to the total distance of transportation according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication.  

    Article 9  

     Transportation of goods from stations of Kazakhstani railways located on the territory of the Russian Federation to stations of Russian railways located on the territory of the Russian Federation and in the opposite direction without transit through the territory of the Republic of Kazakhstan is executed by international transportation documents. At the same time, the payment of freight charges on Russian railways and on Kazakh railways for the distance of transportation by the corresponding railway is carried out in proportion to the total distance of transportation according to the tariffs applied in the Russian Federation for the transportation of goods by rail in domestic traffic.  

    Article 10  

     Transportation of goods from stations of Russian railways located on the territory of the Republic of Kazakhstan to stations of Kazakh railways located on the territory of the Republic of Kazakhstan and in the opposite direction in transit through the territory of the Russian Federation are issued with international transportation documents. At the same time, the payment of freight charges on Russian railways and Kazakh railways for the distance of transportation by the corresponding railway is carried out according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication.  

    Article 11  

     Transportation of goods from stations of Kazakhstani railways located on the territory of the Russian Federation to stations of Russian railways located on the territory of the Russian Federation and in the opposite direction in transit through the territory of the Republic of Kazakhstan is executed by international transportation documents. At the same time, the payment of freight charges on Kazakh railways and Russian railways for the distance of transportation by the corresponding railway is carried out according to the tariffs applied in the Russian Federation for the transportation of goods by rail in domestic traffic.  

    Article 12  

The footnote. Article 12 is excluded by the Law of the Republic of Kazakhstan dated 06/09/2016 No. 3-VI.

    Article 13  

     The transportation of goods from the junction point of the Russian railways Petropavlovsk, located on the territory of the Republic of Kazakhstan, to the stations of the Kazakh railways located on the territory of the Republic of Kazakhstan, and in the opposite direction are issued with international transportation documents. At the same time, the payment of freight charges on Kazakhstani railways for the distance of transportation on Kazakhstani railways is carried out according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication, minus the rate determined for the distance of transportation corresponding to the minimum tariff zone. Freight charges on Russian railways are charged according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication, for the transportation distance corresponding to the minimum tariff zone.  

    Article 14  

     The footnote. Article 14 is excluded by the Law of the Republic of Kazakhstan dated 06/09/2016 No. 3-VI.

    Article 15  

     Cargo transportation from the junction points of Kazakhstan's Lokot and Iletsk-1 railways located on the territory of the Russian Federation to the stations of Russian railways located on the territory of the Russian Federation and in the opposite direction is executed by international transportation documents. At the same time, the payment of freight charges on Russian railways for the distance of transportation on Russian railways is carried out according to the tariffs applied in the Russian Federation for the transportation of goods by rail in domestic traffic, minus the rate determined for the distance of transportation corresponding to the minimum tariff zone. Freight charges on Kazakhstani railways are charged according to the tariffs applied in the Russian Federation for the transportation of goods by rail in domestic traffic, for the transportation distance corresponding to the minimum tariff zone.  

    Article 16  

     Transportation of goods from stations of Russian railways located on the territory of the Republic of Kazakhstan to stations of Russian railways located on the territory of the Republic of Kazakhstan in transit through the territory of the Russian Federation is executed by international transportation documents. At the same time, the payment of freight charges on Russian railways for the entire route is carried out according to the tariffs applied in the Republic of Kazakhstan for the transportation of goods by rail in inter-regional communication.  

    Article 17  

     Transportation of goods from stations of Kazakhstani railways located on the territory of the Russian Federation to stations of Kazakhstani railways located on the territory of the Russian Federation in transit through the territory of the Republic of Kazakhstan is executed by international transportation documents. At the same time, the payment of freight charges on Kazakhstani railways for the entire route is carried out according to the tariffs applied in the Russian Federation for the transportation of goods by rail in domestic traffic.  

    Article 18  

     Transportation of goods from stations of Kazakhstani railways located on the territory of the Russian Federation to stations of Russian railways located on the territory of the Republic of Kazakhstan and in the opposite direction is executed by international transportation documents. At the same time, carriage payments on Kazakhstani railways for the distance of transportation by Kazakhstani railways are carried out at the rates applicable in the Russian Federation for the transportation of goods by rail in international traffic, and on Russian railways for the distance of transportation by Russian railways - at the rates applicable in the Republic of Kazakhstan for the transportation of goods by rail in international traffic. the message.  

    Article 19  

     Cargo transportation within the railway sections specified in Appendix 1 to the Agreement dated October 18, 1996, is carried out in accordance with the legislation of the Republic of Kazakhstan or the legislation of the Russian Federation, respectively, and is executed by internal transportation documents of the Republic of Kazakhstan or internal transportation documents of the Russian Federation, respectively. At the same time, the payment of freight charges is carried out according to the tariffs applied for the transportation of goods by rail of the State in whose territory these sections are located.  

    Article 20  

     At stations of Russian railways located in the territory of the Republic of Kazakhstan, additional fees and charges for the use of wagons and containers are charged, which are not included in the tariff, as well as fines applied on Russian railways.  

    Article 21  

     Additional fees and charges for the use of wagons and containers not included in the tariff, as well as fines applied on Kazakhstani railways, are charged at stations of Kazakhstani railways located on the territory of the Russian Federation.  

    Article 22  

     Payment of freight charges and registration of transportation documents for the carriage of goods by rail along the sections of Kazakh and Russian railways specified in Articles 6-18 of this Agreement shall be carried out on the basis of this Agreement and other international treaties to which the Republic of Kazakhstan and the Russian Federation are parties. At the same time, the payment of freight charges on Kazakh and Russian railways, with the exception of transit traffic to (from) third countries, is carried out in accordance with the procedure established by this Agreement.  

    Article 23  

     The competent authorities of each Party shall promptly inform each other of changes in the applicable tariffs for the carriage of goods by rail, the rates of additional charges, fees for the use of wagons and containers not included in the tariff, as well as changes in the amount of fines related to the carriage of goods, provide explanations on the procedure for calculating freight charges and ensure that the competent authority of the other Party on the basis of a separate contract, regulatory documents regulating the procedure for calculating freight charges, collection of additional fees and charges for the use of wagons and containers not included in the tariff, as well as fines.  

    Article 24  

     This Agreement may be amended by mutual agreement of the Parties, formalized by separate protocols that are an integral part of this Agreement.  

    Article 25  

     The competent authorities will resolve disputes related to the interpretation and application of this Agreement through consultations and negotiations.  

    Article 26  

     This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force, and shall remain in force for the duration of the Agreement dated October 18, 1996.  

     Done in Sochi on August 15, 2006, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.         In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian is used.  

      For the Government For the Government of the Republic of Kazakhstan                       Of the Russian Federation  

      I hereby certify that this text is a true copy of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for payment of freight charges and clearance of cargo transportation on sections of railways of the Republic of Kazakhstan located on the territory of the Russian Federation and on sections of Railways of the Russian Federation located on the territory of the Republic of Kazakhstan dated August 15, 2006.  

      Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan  

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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